reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - PLAYGROUND USE ZONES › Section 747.4611 - How do I measure the use zone for bucket swings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone to the front and rear of the
					 bucket swing for tots must be at least two times the vertical distance from the
					 swing beam to the top of the swing-sitting surface.
(b) The use zone specified in subsection (a)
					 of this section must not overlap any other use zone.
(c) The use zone on the sides of the bucket
					 swing structure must be at least six feet and may overlap the use zone on the
					 sides of an adjacent swing support structure
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - PLAYGROUND USE ZONES › Section 747.4613 - How do I measure the use zone for rotating or rocking equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for rotating or rocking
					 equipment on which the child sits must be at least six feet from the perimeter
					 when not in use.
(b) The use zone
					 for rotating or rocking equipment or track rides on which the child stands or
					 rides must be at least seven feet from the perimeter of the equipment when not
					 in use.
(c) The use zone for
					 rocking or rotating equipment must not overlap any other use zone.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 3 - PLAYGROUND USE ZONES › Section 747.4615 - Do these use zone requirements apply to my child-care home if it was registered or licensed before September 1, 2003?

Current through Reg. 49, No. 28; July 12, 2024
(a) If your child-care home was registered or
					 licensed before September 1, 2003, you must at least maintain the following use
					 zones until you meet one of the conditions specified in subsection (b) of this
					 section:
(1) Four feet from climbing
					 structures;
(2) Five feet from the
					 bottom of a slide. The other parts of the slide are considered a climbing
					 structure;
(3) Seven feet plus the
					 length of a swing's chain from the point of suspension; and
(4) Seven feet from a merry-go-round or other
					 revolving devices.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - PLAYGROUND SURFACING › Section 747.4707 - What are unitary surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
Unitary surfacing materials are manufactured materials
						including rubber tiles, mats, or poured in place materials cured to form a
						unitary shock-absorbing surface.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - PLAYGROUND SURFACING › Section 747.4709 - How should unitary surfacing materials be installed?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you use unitary materials, they must
					 be installed and maintained according to manufacturer's
					 specifications.
(b) Unitary
					 materials may be installed over concrete or asphalt, only if recommended by the
					 manufacturer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 4 - PLAYGROUND SURFACING › Section 747.4711 - What documentation must I keep at my child-care home if I use unitary surfacing materials?

Current through Reg. 49, No. 28; July 12, 2024
If you use unitary surfacing materials, you must have
						test data from the manufacturer showing the impact rating of the material (the
						maximum height of equipment that may be installed over the surfacing material),
						and installation and maintenance requirements. This documentation must be at
						your child-care home and made available for review by parents and Licensing
						staff upon request during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 5 - INFLATABLES › Section 747.4751 - May I use inflatable active play equipment?

Current through Reg. 49, No. 28; July 12, 2024
You may use inflatable equipment both at and away from
						your child-care home if you follow these guidelines:
(1) You use enclosed inflatables (such as
					 bounce houses or moon bounces/walks) according to the manufacturer's
					 instructions;
(2) You use open
					 inflatables (such as obstacle courses, slides, or games) according to the
					 manufacturer's label and instructions for the user; and
(3) Inflatables that include water activity
					 also comply with all applicable requirements in Subchapter V of this chapter
					 (relating to Swimming Pools, Wading/Splashing Pools, and Sprinkler
					 Play).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4801 - What safety precautions must I follow when children in my care use a swimming pool?

Current through Reg. 49, No. 28; July 12, 2024
In addition to complying with the child/caregiver ratios
					 specified in § 747.2005 of Title 40 (relating to What are the
					 child/caregiver ratios for swimming activities?) and other safety requirements
					 specified in § 747.2009 and § 747.2013 of Title 40 (relating to Must
					 I have a certified lifeguard on duty when children are swimming in more than
					 two feet of water? and Must persons who are counted in the child/caregiver
					 ratio during swimming know how to swim?), you must comply with the following
					 safety precautions when any child uses a swimming pool (more than two feet of
					 water) both at and away from your child-care home:
(1) A minimum of two life-saving devices must
				  be available;
(2) One additional
				  life-saving device must be available for each 2,000 square feet of water
				  surface;
(3) Drain grates must be
				  in place, in good repair, and must not be able to be removed without using
				  tools;
(4) Pool chemicals and pumps
				  must be inaccessible to any child;
(5) Machinery rooms must be locked when a
				  child is present;
(6) Caregivers
				  must be able to clearly see all parts of the swimming area;
(7) The bottom of the pool must be visible at
				  all times; and
(8) An adult must be
				  present who is able to immediately turn off the pump and filtering system when
				  a child is in a pool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4803 - How should the swimming pool be maintained?

Current through Reg. 49, No. 28; July 12, 2024
Swimming pools at the child-care home must be maintained
					 according to the standards of the Texas Department of State Health Services for
					 public pools, and any other state or local regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4805 - Do the same safety precautions apply for above-ground pools?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Above-ground pools must meet all pool safety
					 requirements specified in this subchapter and must have a barrier that prevents
					 a child's access to the pool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4807 - Must I have a fence around a swimming pool at my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must prevent children from entering
				  the pool area by a wall, fence, or other durable impenetrable barrier at least
				  four feet high.
(b) Fence gates
				  leading to the pool area must have self-closing and self-latching hardware out
				  of children's reach. Gates must be locked when the pool is not in
				  use.
(c) Doors from the child-care
				  home leading to the pool area must have a lock out of children's reach that can
				  only be opened by an adult.
(d)
				  These doors and gates must not be designated as fire and emergency evacuation
				  exits.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4809 - Does having a fence affect my duty to supervise children's access to the pool?

Current through Reg. 49, No. 28; July 12, 2024
No. Although a fence and locked access provides a layer of
					 protection for a child who strays from supervision and may deter some children
					 from entering the pool area, these do not replace the need to supervise
					 children at all times and monitoring of safety features to protect children
					 from unsupervised access to the pool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4813 - What are the safety requirements for wading pools?

Current through Reg. 49, No. 28; July 12, 2024
(a) Wading/splashing pools (two feet of water
				  or less) used at your child-care home must be:
(1) Stored out children's reach when not in
				  use;
(2) Drained and sanitized at
				  least daily; and
(3) Stored so they
				  cannot hold water.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4815 - Are there specific safety requirements for sprinkler play?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must ensure that no child uses
				  sprinkler equipment on or near a hard, slippery surface, such as a concrete
				  driveway, sidewalk, or patio.
(b)
				  You must not leave a child alone with the sprinkler equipment.
(c) You must store sprinkler equipment and
				  water hoses out of the reach of children when not in use.
(d) You must maintain your splash
				  pad/sprinkler play area according to manufacturer's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 747.4817 - Can children in my care swim in a body of water other than a swimming pool, such as a lake, pond, or river?

Current through Reg. 49, No. 28; July 12, 2024
No, you must not allow children to swim in a lake, pond,
					 river, or a body of water other than a swimming pool or wading pool that
					 complies with the rules specified in this subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 1 - FIRE INSPECTION › Section 747.4901 - Must I have a fire inspection of my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
We do not regulate fire inspections and do not require
						that you have a fire inspection as part of these minimum standards; however
						your local ordinances may require one. If you want to care for children above
						or below the ground floor of your child-care home, you must obtain written
						approval from the state or local fire marshal as specified in § 747.4015
						of Title 40 (relating to May I care for children above or below ground
						level?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5001 - What is an emergency preparedness plan?

Current through Reg. 49, No. 28; July 12, 2024
An emergency preparedness plan is designed to ensure the
						safety of children during an emergency by addressing staff responsibility and
						your home's readiness with respect to emergency evacuation, relocation, and
						sheltering/lock-down. The plan addresses the types of responses to emergencies
						most likely to occur in your area including:
(1) An evacuation of your home to a
					 designated safe area in an emergency such as a fire or gas leak;
(2) A relocation of the children and
					 caregivers to a designated, alternate shelter in an emergency such as a flood,
					 a hurricane, medical emergency, or communicable disease outbreak; and
(3) The sheltering and lock-down of children
					 and caregivers within your home to temporarily protect them from situations
					 such as a tornado, volatile person on the premises, or an endangering person in
					 the area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5003 - What must my emergency preparedness plan include?

Current through Reg. 49, No. 28; July 12, 2024
Your emergency preparedness plan must include written
						procedures for:
(1) Evacuation,
					 relocation, and sheltering/lock-down of children, including:
(A) Your first responsibility in an emergency
					 evacuation or relocation is to move the children to a designated safe area or
					 alternate shelter known to all household members, caregivers, parents, and
					 volunteers;
(B) How children will
					 be evacuated or relocated to the designated safe area or alternate shelter,
					 including specific procedures for evacuating or relocating children who are
					 under 24 months of age, who have limited mobility, or who otherwise may need
					 assistance in an emergency, such as children who have mental, visual, or
					 hearing impairments;
(C) An
					 emergency evacuation and relocation diagram as outlined in § 747.5007 of
					 Title 40 (relating to Must I have an emergency evacuation and relocation
					 diagram?);
(D) The caregivers'
					 responsibility in a sheltering/lock-down emergency for the orderly movement of
					 children to a designated location in your home where children should
					 gather;
(E) Name and address of the
					 alternate shelter away from your home you will use as needed; and
(F) How children in attendance at the time of
					 the emergency will be accounted for at the designated safe area or alternate
					 shelter;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5005 - Must I practice my emergency preparedness plan?

Current through Reg. 49, No. 28; July 12, 2024
Yes, the following components of your home's emergency
						preparedness plan must be practiced as follows:
(1) You must practice a fire drill every
					 month. The children must be able to safely exit the child-care home within
					 three minutes; and
(2) You must
					 practice a sheltering drill for severe weather at least four times in a
					 calendar year; and
(3) You must
					 practice a lock-down drill for a volatile or endangering person on the premises
					 or in the area at least four times in a calendar year.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5007 - Must I have an emergency evacuation and relocation diagram?

Current through Reg. 49, No. 28; July 12, 2024
Your emergency evacuation and relocation diagram must be
						on file at your child-care home and must show the following:
(1) A floor plan of your child-care
					 home;
(2) Two exit paths from each
					 room, unless a room opens directly to the outdoors at ground level;
(3) The designated location outside the
					 child-care home where all adults and children meet to ensure everyone has
					 exited the home safely; and
(4) The
					 designated location inside the home where all adults and children take shelter
					 from threatening weather.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5009 - Must I post an emergency evacuation and relocation diagram?

Current through Reg. 49, No. 28; July 12, 2024
No. You are not required to post an emergency evacuation
						and relocation diagram, however, if you leave a substitute in charge of your
						child-care home, a copy of the diagram must be readily accessible to the
						substitute caregiver.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5011 - How many exits must my child-care home have?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your child-care home must have at least
					 two exits to the outside, located in distant parts of the home.
(b) You must be able to immediately open any
					 locked doors used as exits.
(c) You
					 must not count doors that are blocked as exits.
(d) An exit through a kitchen or other
					 hazardous area may not be one of the required exits.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5013 - May a window count as one of the designated exits for my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
You may count a window as an exit for your child-care
						home if all children in care and caregivers are physically able to get through
						the window to the ground outside safely and quickly.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 747.5015 - Must I have emergency lighting in case of an emergency evacuation?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must have a battery-powered source of emergency
						lighting readily accessible in case of electrical failure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5101 - Must my child-care home have a fire-extinguishing system?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Your child-care home must have a fire-extinguishing
						system. This may be a sprinkler system and/or fire extinguishers. The state or
						local fire marshal must approve a sprinkler system.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5103 - Am I required to have a fire extinguisher?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you must have at least one 3A-40BC dry chemical fire
						extinguisher, or a fire extinguisher approved by a state or local fire
						marshal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5105 - Where must I mount fire extinguishers?

Current through Reg. 49, No. 28; July 12, 2024
You must mount all fire extinguishers on the wall by a
						hanger or bracket. The top of all extinguishers must be no higher than five
						feet above the floor and the bottom at least four inches above the floor or any
						other surface. If a state or local fire marshal or the manufacturer's
						instructions has different mounting instructions, you must follow those
						instructions. All fire extinguishers must be readily available for immediate
						use by household members and caregivers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5107 - How often must I inspect and service fire extinguishers?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must:
(1) Inspect all fire extinguishers
					 monthly;
(2) Record the date of the
					 inspection; and
(3) Keep this
					 record at your child-care home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5109 - How often must I inspect my sprinkler system?

Current through Reg. 49, No. 28; July 12, 2024
If you use a sprinkler system:
(1) The monitoring company or a state or
					 local fire marshal must test the system at least annually;
(2) You must document the date of the
					 inspection, and the name and telephone number of the inspector; and
(3) You must keep the most recent inspection
					 report at your child-care home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5111 - Must my child-care home have a smoke-detection system?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Your child-care home must have a working
						smoke-detection system. This may be an electronic alarm and smoke detection
						system or individual electric or battery- operated smoke detectors located in
						each room used by children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5113 - How must smoke detectors be installed at my child-care home?

Current through Reg. 49, No. 28; July 12, 2024
Smoke detectors must be installed and maintained
						according to the manufacturer's instructions, or in compliance with the state
						or local fire marshal's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5115 - How often must the smoke detectors at my child-care home be tested?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Test all smoke detectors monthly;
(2) Record the date of the test and date of
					 the installation of new batteries; and
(3) Keep this record at your child-care
					 home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHERS AND SMOKE DETECTION SYSTEMS › Section 747.5117 - How often must I have an electronic smoke alarm system tested?

Current through Reg. 49, No. 28; July 12, 2024
If you use an electronic smoke alarm system;
(1) The monitoring company or state or local
					 fire marshal must test the system at least annually;
(2) You must document the date of the
					 inspection and the name and telephone number of the inspector; and
(3) You must keep the most recent inspection
					 report at your child-care home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 4 - GAS AND PROPANE TANKS › Section 747.5201 - Must I have my child-care home inspected for gas leaks?

Current through Reg. 49, No. 28; July 12, 2024
We do not require that your home have a gas leak
						inspection as a part of these minimum standards; however, your local ordinances
						may require one.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 5 - HEATING DEVICES › Section 747.5301 - What steps must I take to ensure that heating devices used at my child-care home do not present hazards to children?

Current through Reg. 49, No. 28; July 12, 2024
(a) Gas appliances must have metal tubing and
					 connections, be in good repair and free from leaks.
(b) Open flame heaters (heaters where the
					 flame can be easily touched or accessed) are prohibited.
(c) Space heaters must be enclosed and have
					 the seal of approval of a United States test laboratory, or be approved by the
					 state or local fire marshal.
(d)
					 You must safeguard floor and wall furnace grates, steam and hot water pipes,
					 and electric space heaters so that children do not have access to
					 them.
(e) Liquid fuel heaters are
					 prohibited.
(f) Gas fuel heaters,
					 fireplaces, and wood-burning stoves must be properly vented to the
					 outside.
(g) If you use a
					 fireplace, wood-burning stove, or space heater, you must install a screen or
					 guard with sufficient strength to prevent children from falling into the fire
					 or against the stove or heater.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 747.5331 - Must my child-care home have a carbon monoxide detection system?

Current through Reg. 49, No. 28; July 12, 2024
A registered or licensed child-care home must be equipped
						with a working carbon monoxide detection system unless it is located in a
						school facility that complies:
(1)
					 With the school facility standards adopted by the commissioner of education
					 under the Education Code, §
											46.008;
					 or
(2) With standards adopted by
					 the board of a local school district that are similar to those described in
					 paragraph (1) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 747.5333 - What type of carbon monoxide detection system must I install?

Current through Reg. 49, No. 28; July 12, 2024
You must install:
(1) Individual electric (plug-in or hardwire)
					 or battery-operated carbon monoxide detectors that meet Underwriters
					 Laboratories Inc. requirements (UL-Listed); or
(2) An electronic carbon monoxide detection
					 system connected to an electronic alarm/smoke detection system that is
					 UL-Listed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 747.5335 - How many carbon monoxide detectors must be installed in my child-care home and how must they be installed?

Current through Reg. 49, No. 28; July 12, 2024
(a) If
					 you use electric or battery-operated carbon monoxide detectors:
(1) At least one detector must be installed
					 on every level of each building in the child-care operation; and
(2) The detector(s) must be installed in
					 compliance with the state or local fire marshal's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 747.5337 - How often must I inspect and service the carbon monoxide detection system?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you use
					 electric or battery-operated carbon monoxide detectors, you must:
(1) Install a new battery in each
					 battery-operated detector at least annually;
(2) Test all detectors monthly;
(3) Document the date of the test and the
					 date of installation of new batteries; and
(4) Keep this documentation at the home for
					 review during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5401 - What types of transportation does Licensing regulate?

Current through Reg. 49, No. 28; July 12, 2024
We regulate all transportation provided by or for the
					 child-care home to children in care, including transportation between the
					 child's home and the school, the child's home and your home, your home and the
					 school, your home or the school and field trip locations, and your home or the
					 school and other drop-off locations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5403 - What type of vehicle may I use to transport children?

Current through Reg. 49, No. 28; July 12, 2024
(a) We do not regulate the type of vehicle
				  you use to transport children, although we recommend that you check with the
				  Texas Department of Motor Vehicles or refer to the federal motor vehicle safety
				  standards regulating transportation to and from school and your
				  operation.
(b) For the purpose of
				  this chapter, we categorize vehicle types as:
(1) General purpose vehicle--passenger
				  vehicles as defined in the Texas Transportation Code §
											545.412,
				  and buses that do not meet the federal motor vehicle safety standards for
				  school buses or multi-function school activity buses (MFSAB);
(2) Small school bus--school buses and MFSABs
				  that meet federal motor vehicle safety standards for school buses and MFSABs
				  respectively and have a gross vehicle weight rating (GVWR) of 10,000 pounds or
				  less; and
(3) Large school
				  bus--school buses and MFSABs that meet federal motor vehicle safety standards
				  for school buses and MFSABs respectively and have a GVWR of greater than 10,000
				  pounds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5405 - What safety precautions must I take when loading and unloading children from the vehicle?

Current through Reg. 49, No. 28; July 12, 2024
You must take the following precautions when loading and
					 unloading children from any vehicle, including any type of bus:
(1) You must load and unload children at the
				  curbside of the vehicle or in a protected parking area or driveway;
(2) You must not allow a child to cross a
				  street anytime before a child enters or exits a vehicle, unless the child is
				  accompanied by an adult;
(3) You
				  must account for all children exiting the vehicle before leaving the vehicle
				  unattended; and
(4) You must never
				  leave a child unattended in a vehicle.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5407 - What child passenger safety seat system must I use when I transport children?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must use a
				  child passenger safety seat system to restrain a child when transporting the
				  child. The restraint system:
(1) Must meet
				  the federal standards for crash-tested systems as set by the National Highway
				  Traffic Safety Administration; and
(2) Must be properly secured in the vehicle
				  according to manufacturer's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5409 - Must caregivers and/or the driver wear a safety belt?

Current through Reg. 49, No. 28; July 12, 2024
(a) The driver must be properly restrained by
				  a safety belt before starting the vehicle and at all times the vehicle is in
				  motion.
(b) All adult passengers in
				  a vehicle transporting children, other than a large school bus, must be
				  properly restrained by safety belts.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5411 - May parents provide the child passenger safety seat equipment required for their child?

Current through Reg. 49, No. 28; July 12, 2024
Parents may provide the child passenger safety seat system
					 for use in transporting their child, if the equipment is appropriate and can be
					 properly secured in the vehicle. You must use the equipment according to
					 manufacturer's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5413 - May I place more than one person in each safety belt?

Current through Reg. 49, No. 28; July 12, 2024
No. Only one person may use each safety
					 belt.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5415 - May a child ride in a safety belt with a shoulder harness?

Current through Reg. 49, No. 28; July 12, 2024
A child may ride in a safety belt with a shoulder harness
					 if the shoulder harness goes across the child's chest and not across the
					 child's face or neck. The lap belt should fit low across the child's thighs or
					 top of the legs and not across the child's stomach area. Never put a shoulder
					 belt under the child's arm or behind the child's back. If the lap belt and
					 shoulder harness do not fit properly, a booster seat must be
					 used.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5417 - Must I carry specific information in the vehicles used to transport children in my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have the
				  following in each vehicle used to transport children:
(1) A list of the children being
				  transported;
(2) Emergency medical
				  transport and treatment authorization forms for each child being transported;
				  and
(3) Parent's names and
				  telephone numbers and emergency telephone numbers for each child being
				  transported; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5419 - What plan must I have to handle transportation emergencies?

Current through Reg. 49, No. 28; July 12, 2024
You must ensure the caregiver who is transporting a child
					 has clear instructions for handling emergency breakdowns and accidents,
					 including vehicle evacuation procedures, supervision of the children, and
					 contacting emergency help.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 747 - MINIMUM STANDARDS FOR CHILD-CARE HOMES › Subchapter X - TRANSPORTATION › Section 747.5421 - Must I have a communications device in a transportation vehicle?

Current through Reg. 49, No. 28; July 12, 2024
Yes, in case of an emergency you must have a communications
					 device such as a cellular phone or two-way radio when transporting a
					 child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter A - PURPOSE AND SCOPE › Section 748.1 - What is the purpose of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to set forth rules that
					 apply to General Residential Operations and Residential Treatment
					 Centers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter A - PURPOSE AND SCOPE › Section 748.3 - Who is responsible for complying with these minimum standards?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a licensed general residential
				  operation, the permit holder must ensure compliance with the minimum standards
				  in this chapter at all times, with the exception of those minimum standards
				  identified for specific types of services that your operation does not offer.
				  For example, if we license your operation to offer emergency care services
				  only, you do not have to comply with the minimum standards that apply to
				  treatment services for a child with an emotional disorder, treatment services
				  for a child with an intellectual disability, or a transitional living program;
				  however, you must comply with all other applicable minimum standards of this
				  chapter.
(b) For an unlicensed
				  general residential operation that is subject to Licensing's regulation, the
				  operation's administrator, owner, or operator or any other controlling person
				  who has the ability to influence or direct the operation's management,
				  expenditures, or policies must ensure compliance with all minimum standards in
				  this chapter at all times, with the exception of those minimum standards
				  identified for specific types of services that the unlicensed operation does
				  not offer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter A - PURPOSE AND SCOPE › Section 748.5 - How do Residential Treatment Centers comply with the rules of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
Residential Treatment Centers (RTCs) are general
					 residential operations that provide treatment services to children with
					 emotional disorders. RTCs, by definition, must always comply with the rules of
					 this chapter as if 100% of the children in their care require treatment
					 services for emotional disorders. This includes, but is not limited to,
					 services to individual children, personnel requirements, and child/caregiver
					 ratio requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter A - PURPOSE AND SCOPE › Section 748.7 - How are these regulations applied to family residential centers?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. A family residential center
				  is one that meets all of the following requirements:
(1) The center is operated by or under a
				  contract with United States Immigration and Customs Enforcement;
(2) The center is operated to enforce federal
				  immigration laws;
(3) Each child at
				  the center is detained with a parent or other adult family member, who remains
				  with the child at the center; and
(4) A parent or family member with a child
				  provides the direct care for the child except for specific circumstances when
				  the child is cared for directly by the center or another adult in the custody
				  of the center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 1 - DEFINITIONS › Section 748.41 - What do certain pronouns mean in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings in this
						chapter:
(1) I, my, you, and your--An
					 applicant or permit holder, unless otherwise stated.
(2) We, us, our, and Licensing--The Licensing
					 Division of the Department of Family and Protective Services (DFPS).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 1 - DEFINITIONS › Section 748.43 - What do certain words and terms mean in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this chapter have the
						meanings assigned to them under §
											745.21 of this title (relating to
						What do the following words and terms mean when used in this chapter?), unless
						another meaning is assigned in this section or unless the context clearly
						indicates otherwise. The following words and terms have the following meanings,
						unless the context clearly indicates otherwise:
(1) Accredited college or university--An
					 institution of higher education accredited by one of the following regional
					 accrediting entities:
(A) The Southern
					 Association of Colleges and Schools Commission on Colleges, a subdivision of
					 the Southern Association of Colleges and Schools;
(B) The Middle States Commission on Higher
					 Education, a component of the Middle States Association of Colleges and
					 Schools;
(C) The Commission on
					 Institutions of Higher Education, a subdivision of the New England Association
					 of Schools and Colleges;
(D) The
					 Higher Learning Commission (formerly part of the North Central Association of
					 Colleges and Schools);
(E) The
					 Northwest Commission on Colleges and Universities;
(F) The Accrediting Commission for Senior
					 Colleges and Universities, a subdivision of the Western Association of Schools
					 and Colleges; or
(G) The
					 Accrediting Commission for Community and Junior Colleges, a subdivision of the
					 Western Association of Schools and Colleges.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.61 - What types of services does Licensing regulate?

Current through Reg. 49, No. 28; July 12, 2024
We regulate the following types of services:
(1) Child-Care Services--Services that meet a
					 child's basic need for shelter, nutrition, clothing, nurture, socialization and
					 interpersonal skills, care for personal health and hygiene, supervision,
					 education, and service planning;
(2) Treatment Services--In addition to
					 child-care services, a specialized type of child-care services designed to
					 treat and/or support children:
(A) With
					 Emotional Disorders who have a current DSM-5 diagnosis, such as mood disorders,
					 psychotic disorders, or dissociative disorders, and demonstrate two or more of
					 the following:
(i) Major self-injurious
					 actions, including a suicide attempt within the last 12 months;
(ii) Difficulties that present a significant
					 risk of harm to others, including frequent or unpredictable physical
					 aggression; or
(iii) An additional
					 DSM-5 diagnosis of substance-related and/or addictive disorder with severe
					 impairment;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.63 - Can I provide each type of service that Licensing regulates?

Current through Reg. 49, No. 28; July 12, 2024
You may provide each type of service that we regulate
						under the following conditions:
(1) On
					 your permit, we list the type of service that you have been approved to
					 provide; and
(2) Your operational
					 policies and procedures ensure:
(A) Children
					 are admitted appropriately;
(B) The
					 needs of all children in care are met;
(C) Children are appropriately
					 supervised;
(D) Children are
					 protected from one another, if appropriate; and
(E) You meet the applicable rules of this
					 chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.65 - What children are eligible to participate in a transitional living program?

Current through Reg. 49, No. 28; July 12, 2024
For a child to be eligible to participate in a
						transitional living program, the child must:
(1) Be 14 years old or older; and
(2) Not be receiving therapeutic camp
					 services.