reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 6 - SOFT CONTAINED PLAY EQUIPMENT › Section 746.4953 - Are there additional safety requirements for soft contained play equipment?

Current through Reg. 49, No. 28; July 12, 2024
Yes, Soft contained play equipment must also:
(1) Not have to-fro, bucket, or tire swings
					 attached inside or outside of the structure;
(2) Have no more than 24 inch difference in
					 height between two connecting platforms;
(3) Have use zones as outlined in
					 §746.4955 of this title (relating to How do I measure the use zone for
					 soft contained play equipment?) that are free of obstacles and covered with
					 unitary surfacing material;
(4) Be
					 installed, maintained and cleaned according to manufacturer's instructions;
					 and
(5) Include closer supervision
					 when in use by requiring at least one caregiver to be positioned at each level
					 of the play area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 6 - SOFT CONTAINED PLAY EQUIPMENT › Section 746.4955 - How do I measure the use zone for soft contained play equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) The use zone for entrances and exits to
					 the soft contained play equipment, excluding slide exits, is a minimum of five
					 feet from all portions of the entrance and exit which are outside of the
					 contained area of the equipment.
(b) The use zone in front of slide exits must
					 extend a minimum of five feet if the slide run-out is 36 inches or greater. If
					 the slide run-out is less than 36 inches, the use zone at the end of the slide
					 must be six feet. In addition, this use zone may not overlap with any other use
					 zones.
(c) Entrances and exits that
					 terminate inside of the soft contained play equipment are exempt from use zone
					 requirements.
(d) External portions
					 of the soft contained play equipment that contain no designated play surfaces
					 and serve only to enclose the equipment are exempt from use zone
					 requirements.
(e) The critical
					 height of resilient surfacing material must be equal to the highest designated
					 play surface outside of the contained area of the equipment or one foot, which
					 ever is greater.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter U - INDOOR AND OUTDOOR ACTIVE PLAY SPACE AND EQUIPMENT › Division 7 - INFLATABLES › Section 746.4971 - 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 center if you follow these guidelines:
(1) You use enclosed inflatables (such as
					 bounce houses or moon bounces) 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5001 - 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 §746.2105 of this title (relating to What are the
					 child/caregiver ratios for swimming activities?) and other safety requirements
					 specified in §746.2109 and §746.2113 of this title (relating to Must
					 a certified lifeguard be 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 center:
(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 any
				  child is present;
(6) Employees
				  must be able to clearly see all parts of the swimming area;
(7) The bottom of the pool must be visible at
				  all times;
(8) An adult must be
				  present who is able to immediately turn off the pump and filtering system when
				  any child is in a pool; and
(9) All
				  indoor/outdoor areas must be free of furniture and equipment that any child
				  could use to scale a fence or barrier or release a lock.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5003 - How should the swimming pool be built and maintained?

Current through Reg. 49, No. 28; July 12, 2024
Swimming pools used both at and away from the child-care
					 center must be built and maintained according to the standards of the Texas
					 Department of State Health Services for public pools and any other applicable
					 state or local regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5005 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5007 - Must I have a fence around a swimming pool at my child-care center?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. You must enclose a swimming pool at
				  your child-care center with a six-foot fence or wall that prevents children's
				  access to the pool.
(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
				  center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5013 - 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) at your child-care center must be:
(1) Stored out of children's reach when not
				  in use;
(2) Drained at least daily
				  and sanitized; and
(3) Stored so
				  they do not hold water.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5015 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter V - SWIMMING POOLS, WADING/SPLASHING POOLS, AND SPRINKLER PLAY › Section 746.5017 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 1 - FIRE INSPECTION › Section 746.5101 - Must my child-care center have an annual fire inspection?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your child-care center must have a fire
					 inspection before we issue your initial permit and at least once every 12
					 months, unless your child-care center is located in a public school facility
					 operated by the local independent school district.
(b) If an inspection is required, a state or
					 local fire marshal must conduct the inspection. If an inspection is not
					 available, you must provide documentation of this from a state or local fire
					 marshal or county judge.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 1 - FIRE INSPECTION › Section 746.5103 - How do I document that a fire inspection has been completed?

Current through Reg. 49, No. 28; July 12, 2024
If required, you must keep a copy of the most recent
						fire-inspection report, letter, or checklist at the child-care center during
						hours of operation to verify the inspection date and findings. The report must
						include the name and telephone number of the inspector.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 1 - FIRE INSPECTION › Section 746.5105 - Must I make all corrections specified in the fire-inspection report?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you must comply with all corrections, restrictions,
						or conditions specified by the inspector in the fire inspection report, letter,
						or checklist.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5201 - 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
						facility 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 the children and
					 caregivers 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 the center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5202 - 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) The first responsibility of staff in an
					 emergency evacuation or relocation is to move the children to a designated safe
					 area or alternate shelter known to all employees, 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 and 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) The staff
					 responsibility in a sheltering/lock-down emergency for the orderly movement of
					 children to a designated location within the center where children should
					 gather;
(D) An emergency evacuation
					 and relocation diagram as outlined in §746.5207 of this title (relating to
					 Must I have an emergency evacuation and relocation diagram?);
(E) Name and address of the alternate shelter
					 away from the center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5204 - Who must coordinate the implementation of an emergency preparedness plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) The director is
					 responsible for implementing the emergency preparedness plan.
(b) The director may also designate
					 additional employees to be in charge during an emergency evacuation and
					 relocation that occurs when the director is not at the operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5205 - Must I practice my emergency preparedness plans?

Current through Reg. 49, No. 28; July 12, 2024
Yes, the following components of your center's emergency
						preparedness plan must be practiced as specified below:
(1) You must practice a fire drill every
					 month. The children must be able to safely exit the building within three
					 minutes;
(2) You must practice a
					 sheltering drill for severe weather at least four times in a calendar
					 year;
(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; and
(4) You must document these drills, including
					 the date of the drill, time of the drill, and length of the time for the
					 evacuation, sheltering, or lock-down to take place.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5207 - Must I have an emergency evacuation and relocation diagram?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. Your emergency evacuation and
					 relocation diagram must be on file at the child-care center and must show the
					 following:
(1) A floor plan of your child-care
					 center;
(2) Two exit paths from
					 each room, unless a room opens directly to the outdoors at ground
					 level;
(3) The designated location
					 outside of the child-care center where all caregivers and children meet to
					 ensure everyone has exited the child-care center safely; and
(4) The designated location inside the
					 child-care center where all caregivers and children take shelter from
					 threatening weather.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5209 - How many exits must my child-care center have?

Current through Reg. 49, No. 28; July 12, 2024
(a) The child-care center must have at least
					 two exits to the outside that are located in distant parts of each
					 building.
(b) If any doors open
					 into a fenced yard, the children must be able to open the doors easily from the
					 inside.
(c) You may not count doors
					 that are blocked or locked as exits.
(d) An exit through a kitchen or other
					 hazardous area may not be one of the required exits unless the state or local
					 fire marshal specifically approves in writing.
(e) Doors and gates leading into a pool area
					 may not be counted as an exit.
(f)
					 A window may be used as a designated fire exit only if all children and
					 caregivers are physically able to exit 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 2 - EMERGENCY PREPAREDNESS › Section 746.5211 - 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 source of emergency lighting that is
						approved by the state or local fire marshal, or battery-powered lighting,
						available in each classroom in case of electrical failure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5301 - Must my child-care center have a fire-extinguishing system?

Current through Reg. 49, No. 28; July 12, 2024
Your child-care center must have a fire-extinguishing
						system. This may be a sprinkler system and/or fire extinguishers. If your
						center is located in a public school facility operated by the local independent
						school district, the fire-extinguishing system utilized by the school complies
						with this standard.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5303 - Who must approve my fire-extinguishing system?

Current through Reg. 49, No. 28; July 12, 2024
The state or local fire marshal must approve a sprinkler
						system and/or fire extinguishers in your child-care center. If an inspection is
						not available, you must have at least one fire extinguisher rated 3A-40BC in
						the child-care center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5305 - 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 the 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 employees and caregivers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5307 - How often must I inspect and service the fire extinguisher(s)?

Current through Reg. 49, No. 28; July 12, 2024
(a) The director or designee must inspect
					 them monthly. The date of the inspection and the name of the employee must be
					 recorded.
(b) Fire extinguishers
					 must be serviced as required by manufacturer's instructions, or as required by
					 the state or local fire marshal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5309 - How often must I inspect a sprinkler system?

Current through Reg. 49, No. 28; July 12, 2024
The system monitoring company or the state or local fire
						marshal must test sprinkler systems at least annually. You must keep the most
						recent inspection report at the child-care center for review during hours of
						operation. The documentation must indicate the date of the inspection and the
						inspector's name and telephone number.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5311 - Must my child-care center have a smoke-detection system?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your child-care center 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, or both.
(b) If your center is located in a public
					 school operated by the local independent school district, the smoke detection
					 system utilized by the school complies with this standard.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5313 - Who must approve my child-care center's smoke-detection system?

Current through Reg. 49, No. 28; July 12, 2024
The state or local fire marshal must approve electronic
						alarm and smoke-detection systems. If an inspection is not available, you must
						have at least one working smoke detector in each room used by
						children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5315 - How often must I have an electronic smoke alarm system tested?

Current through Reg. 49, No. 28; July 12, 2024
The monitoring company or the state or local fire marshal
						must test an electronic smoke alarm system at least annually. You must keep
						documentation of the inspection at the child-care center for review during
						hours of operation. The documentation must indicate the date of the inspection
						and the inspector's name and telephone number.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5317 - How must smoke detectors be installed at my child-care center?

Current through Reg. 49, No. 28; July 12, 2024
If you use smoke detectors, they 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 3 - FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS › Section 746.5319 - How often must the smoke detectors at my child-care center be tested?

Current through Reg. 49, No. 28; July 12, 2024
The director or designee must test all smoke detectors
						monthly. The date of the test and the name of the employee who does the testing
						must be documented and kept at the center for review during hours of
						operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 4 - GAS AND PROPANE TANKS › Section 746.5401 - Must my child-care center be inspected for gas leaks?

Current through Reg. 49, No. 28; July 12, 2024
If your child-care center uses natural or liquid propane
						(LP) gas, your child-care center must be inspected for gas leaks before we
						issue your initial permit, and once every two years after your permit is
						issued, unless your child-care center is located in a public school building
						operated by the local independent school district.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 4 - GAS AND PROPANE TANKS › Section 746.5403 - Who must conduct the inspection for gas leaks?

Current through Reg. 49, No. 28; July 12, 2024
(a) If your child-care center uses natural
					 gas, you must have your child-care center inspected for gas leaks by a licensed
					 plumber or a gas company official.
(b) If your child-care center uses liquid
					 propane (LP)-gas, you must have your LP-gas system inspected for proper
					 installation and leaks by a licensed LP-gas servicing company or licensed
					 plumber who is also licensed with the LP-gas section of the Texas Railroad
					 Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 4 - GAS AND PROPANE TANKS › Section 746.5405 - How do I document that a gas leak inspection has been completed?

Current through Reg. 49, No. 28; July 12, 2024
A written gas inspection report must show your gas system
						is free of leaks and must indicate the date of the inspection, as well as the
						name and telephone number of the inspector. You must keep the most recent
						inspection report on file at your child-care center.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 4 - GAS AND PROPANE TANKS › Section 746.5407 - Must I make all corrections specified in the gas inspection report?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must comply with all corrections, conditions, or
						restrictions specified in the gas inspection report within the timeframes
						specified by the inspector.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 5 - HEATING DEVICES › Section 746.5501 - What steps must I take to ensure that heating devices 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 746.5531 - Must my child-care center have a carbon monoxide detection system?

Current through Reg. 49, No. 28; July 12, 2024
Your child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 746.5533 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 746.5535 - How many carbon monoxide detectors must be installed in my child-care center 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter W - FIRE SAFETY AND EMERGENCY PRACTICES › Division 6 - CARBON MONOXIDE DETECTION SYSTEMS › Section 746.5537 - 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, date of
					 installation of new batteries, and the name of the employee who does the
					 testing and installment of new batteries; and
(4) Keep this documentation at the center for
					 review during hours of operation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5601 - What types of transportation does Licensing regulate?

Current through Reg. 49, No. 28; July 12, 2024
We regulate any transportation provided by or for the
					 child-care center, including but not limited to, transportation between home
					 and school, between school and the child-care center, the child-care center and
					 home, the child-care center or school and field trip locations or other drop
					 off locations, authorized by the parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5603 - 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--a 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5605 - 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 unless the child is accompanied by an adult anytime before entering or
				  after leaving a vehicle.
(3) You
				  must account for all children exiting the vehicle before leaving the vehicle
				  unattended.
(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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5607 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5609 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5611 - May parents provide the safety seat equipment required for their child?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Parents may provide the safety seat system for use in
					 transporting their child, provided 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5613 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5615 - 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 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5617 - Must I carry specific equipment in 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 you use to transport children:
(1) A list of the children being
				  transported;
(2) Emergency medical
				  transport and treatment authorization forms for each child being
				  transported;
(3) The child-care
				  center's name, child-care center director or permit holder's name, and
				  child-care center telephone number in the glove compartment or clearly visible
				  inside the passenger compartment, or the child-care center's name and telephone
				  number must be clearly visible on the outside of the vehicle;
(4) Parent's names and telephone numbers and
				  emergency telephone numbers for each child being transported;
(5) A fire extinguisher approved by the local
				  or state fire marshal, secured in the passenger compartment and accessible to
				  the adult occupants; and
(6) A
				  first-aid kit as specified in §746.4003 of this title (relating to What
				  items must each first-aid kit contain?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5619 - Must I have a plan to handle transportation emergencies?

Current through Reg. 49, No. 28; July 12, 2024
Yes. You must ensure the driver/caregivers have clear
					 instructions in handling emergency breakdowns and accidents, including vehicle
					 evacuation procedures, supervision of the children, and contacting emergency
					 help. The director or designee in charge of the child-care center must know
					 what action to take in responding to a transportation emergency
					 call.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5621 - What communication requirements are there for a vehicle used to transport children?

Current through Reg. 49, No. 28; July 12, 2024
When transporting children in a vehicle:
(1) The vehicle must have a communications
				  device such as a cellular phone or two-way radio; or
(2) A caregiver at the child-care center must
				  know the routine arrival and departure times of the vehicle and take action if
				  the vehicle does not return to the child-care center at a scheduled time. The
				  driver must travel a known fixed route within an approximate
				  timeframe.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5623 - What is an electronic child safety alarm?

Current through Reg. 49, No. 28; July 12, 2024
An electronic child safety alarm is an alarm system
					 installed in a vehicle. The alarm prompts the driver of a vehicle to inspect
					 the vehicle to determine whether children are in the vehicle before the driver
					 exits the vehicle.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5625 - When and how must I install and use an electronic child safety alarm in a vehicle?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must ensure
				  that a vehicle purchased or leased on or after December 31, 2013, is equipped
				  with an electronic child safety alarm if:
(1)
				  The vehicle is designed to seat eight or more persons; and
(2) Your operation uses the vehicle to
				  transport children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 746 - MINIMUM STANDARDS FOR CHILD-CARE CENTERS › Subchapter X - TRANSPORTATION › Section 746.5627 - What documentation must I keep at the child-care center for each vehicle used to transport children in care?

Current through Reg. 49, No. 28; July 12, 2024
You must keep documentation at your child-care center that
					 shows when your center first purchased or leased a vehicle unless it:
(1) Is equipped with an electronic child
				  safety alarm; or
(2) Is not
				  designed to seat eight or more persons.
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 A - PURPOSE, SCOPE, AND DEFINITIONS › Division 1 - PURPOSE › Section 747.101 - 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 the minimum
						standards that apply to child-care homes.
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 A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 747.111 - What types of operations do these minimum standards apply to?

Current through Reg. 49, No. 28; July 12, 2024
The minimum standards in this chapter apply to:
(1) Child-care homes registered or licensed
					 by us to care for 12 or fewer children in the caregiver's own home for less
					 than 24 hours per day; and
(2) Any
					 unlicensed child-care home that requires a registration or license per the
					 Human Resources Code, Chapter 42, because the home is providing child-care
					 services.
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 A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 747.113 - What is a registered child-care home?

Current through Reg. 49, No. 28; July 12, 2024
(a) In a registered child-care home, the
					 registered primary caregiver provides care in the caregiver's own residence for
					 not more than six children from birth through 13 years, and may provide care
					 after-school hours for not more than six additional elementary school children.
					 The total number of children in care at any given time, including the children
					 related to the caregiver, must not exceed 12.
(b) A registered child-care home includes the program, building,
					 grounds, furnishings, and equipment.
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 A - PURPOSE, SCOPE, AND DEFINITIONS › Division 2 - SCOPE › Section 747.115 - What is a licensed child-care home?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 In a licensed child-care home, the licensed primary caregiver provides care in
					 the caregiver's own residence for children from birth through 13 years, unless
					 the operation was licensed as a group day care home prior to September 1,
					 2003.
(b) A child-care home
					 licensed as a group day care home prior to September 1, 2003, may provide care
					 at a location other than the primary caregiver's own residence, until the
					 permit is no longer valid. A location, other than the primary caregiver's own
					 residence, is subject to the minimum standards in this chapter and, if
					 applicable, the conditions specified in § 745.373 of Title 40 (relating to
					 May I have more than one licensed child-care home?).
(c) The total number of children in care
					 varies with the ages of the children, but the total number of children in care
					 in a licensed child-care home at any given time, including the children related
					 to the caregiver, must not exceed 12.
(d) A licensed child-care home includes the program, building,
					 grounds, furnishings, and equipment.