(a) You must not count the certified lifeguard in the child/caregiver ratio when people other than the children from your operation are swimming.     
      (b) If only children from your operation are swimming, you may count the certified lifeguard in the child/caregiver ratio, although the lifeguard must never be left alone with any of the children unless the lifeguard is also a qualified caregiver you employ at your operation.     
     Source Note:        The provisions of this §744.1909 adopted to be effective September 1, 2010, 35 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909