(a) If your child-care center was licensed before September 1, 2003, you have one year from September 1, 2003, to comply with child/caregiver ratios for splashing/wading activities as specified in §746.2101 of this title (relating to Must I have additional caregivers for splashing/wading activities?), unless stated otherwise. You must maintain at least the following ratios when children use a splashing/wading pool (two feet of water or less) at or away from your child-care center during the one-year period beginning September 1, 2003.
  (1) If your child-care center was licensed as a group day care home, the following chart applies:
Attached Graphic
  (2) If your child-care center was licensed as kindergarten and nursery school, the following chart applies:
Attached Graphic
  (3) If your child-care center was licensed as a school: grades kindergarten and above, the following chart applies:
Attached Graphic
  (4) If your child-care center was licensed as a drop-in care center, splashing/wading activities are not allowed unless the child/caregiver ratio in §746.2101 of this title (relating to Must I have additional caregivers for splashing/wading activities?) is followed.
(b) When children are mixing with children and adults who are not from your child-care center during splashing or wading activities, the child/caregiver ratios for field trips as specified in §746.1803 of this title (relating to Will I be given an opportunity to comply, if my child-care center was licensed before September 1, 2003?) must be followed.
(c) A child-care center licensed before September 1, 2003, must comply with the child/caregiver ratios in this division when your existing permit is no longer valid.

Source Note: The provisions of this §746.2103 adopted to be effective September 1, 2003, 28 TexReg 1402; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909