Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the content clearly
					 indicates otherwise.
(1) Act--Texas
				  Youth Camp Safety and Health Act, Texas Health and Safety Code, Chapter
				  141.
(2) Adult--A person at least
				  18 years of age or older.
(3)
				  Camper--A minor child, under 18 years of age, who is attending a youth camp on
				  either a day or boarding basis.
(4)
				  Challenge course--Activity designed for educational purposes or team building,
				  which may offer a variety of challenges, including zip lines, high and low rope
				  courses, rappelling, and climbing walls.
(5) Commissioner--The Commissioner of the
				  Department of State Health Services.
(6) Day camp--A camp that operates during the
				  day or any portion of the day between 7:00 a.m. and 10:00 p.m. for four or more
				  consecutive days and that offers no more than two overnight stays during each
				  camp session. To be eligible to be licensed as a youth camp, the camp's
				  schedule shall be structured so that each camper attends for four hours or more
				  per day for four consecutive days. The term does not include a facility that is
				  required to be licensed with the Health and Human Services
				  Commission.
(7)
				  Department--Department of State Health Services.
(8) Executive Commissioner--Executive
				  Commissioner of the Health and Human Services Commission.
(9) Firearm--Any device designed, made, or
				  adapted to expel a projectile through a barrel by using the energy generated by
				  an explosion or a burning substance, or any device readily convertible to that
				  use.
(10) Municipal water supply--A
				  public water supply owned or operated by or for a city or a corporation having
				  the right of administering local government.
(11) Pellet gun--Any device designed, made,
				  or adapted to expel a projectile through a barrel by using compressed air or
				  carbon dioxide. This definition includes air guns, air rifles, BB guns, and
				  paintball guns.
(12) Permanent
				  structure--Man-made buildings such as dining halls, dormitories, cabins, or
				  other buildings that are constructed to remain stationary.
(13) Person--An individual, partnership,
				  corporation, association, or organization. In rules for this subchapter, a
				  person does not include a government or governmental subdivision.
(14) Playground--A designated area designed
				  for campers to play freely on equipment as defined in the U.S. Consumer Product
				  Safety Commission Publication Number 325, "Handbook for Public Playground
				  Safety," December 2015 as amended.
(15) Primitive camp--A youth camp that does
				  not provide either permanent structures or utilities for camper use.
(16) Public water system--A public water
				  system, as defined in 30 Texas Administrative Code (TAC) §290.38(71) is a
				  system for the provision to the public of water for human consumption through
				  pipes or other constructed conveyances, which includes all uses described under
				  the definition for drinking water (30 TAC §
										290.38(23)).
				  Such a system shall have at least 15 service connections or serve at least 25
				  individuals at least 60 days out of the year. This term includes any
				  collection, treatment, storage, and distribution facilities under the control
				  of the operator of such system and used primarily in connection with such
				  system, and any collection or pretreatment storage facilities not under such
				  control which are used primarily in connection with such system. Two or more
				  systems with each having a potential to serve less than 15 connections or less
				  than 25 individuals but owned by the same person, firm, or corporation and
				  located on adjacent land will be considered a public water system when the
				  total potential service connections in the combined systems are 15 or greater
				  or if the total number of individuals served by the combined systems total 25
				  or greater at least 60 days out of the year. Without excluding other meanings
				  of the terms "individual" or "served," an individual shall be deemed to be
				  served by a water system if he lives in, uses as his place of employment, or
				  works in a place to which drinking water is supplied from the system.
(17) Resident camp--A camp that for a period
				  of four or more consecutive days continuously provides residential services to
				  each camper, including overnight accommodations for at least three consecutive
				  nights.
(18) Supervised--A person
				  is supervised if the person is within sight, except for infrequent momentary
				  periods such as restroom breaks, and within reasonable hearing distance of a
				  camper's outcry, of an adult with an obligation to report inappropriate or
				  dangerous activities or behavior who has been made aware that the obligation is
				  in effect at that time and who has willingly accepted the obligation. This
				  definition is applicable only to rules relating to unsupervised contact with
				  campers.
(19)
				  Supervisor/counselor--A person, at least 18 years of age or older, who is
				  responsible for the immediate supervision of campers.
(20) Swim test--A formalized test, specific
				  to the body of water utilized, to determine each child's swimming ability. A
				  swim test includes a skill evaluation, or some equivalent method of determining
				  swimming ability, such as:
(A) Non-swimmer:
				  Get into the shallow water, sit down, stand up, and exit the water.
(B) Intermediate swimmer: Jump feet first
				  into water at least twelve inches deeper than the height of the child. Level
				  off, swim 25 feet, turn around and swim back. Exit the water.
(C) Swimmer: Jump feet-first into water at
				  least twelve inches deeper than the height of the child and swim 75 yards in a
				  strong stroke on your stomach or side (breaststroke, sidestroke, crawl,
				  trudgen, or any combination). Then swim 25 yards on your back (elementary back
				  stroke), then float and rest on your back for one minute. Exit the
				  water.