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.

Source Note: The provisions of this §746.5001 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