(a) A certified lifeguard must supervise children at all times during a swimming activity involving a body of water two feet deep or more which occurs at your operation.
(b) At all times during a swimming activity sponsored by the operation involving a body of water two feet deep or more which occurs away from your operation:
  (1) If there are six or fewer children participating in the swimming activity, at least one adult counted in the swimming child/adult ratio must be able to swim or must be trained to carry out a water rescue; and
  (2) If more than six children are participating in the swimming activity, a certified lifeguard must also be on duty.
(c) A child in your care who is a certified lifeguard may act as the lifeguard if he is:
  (1) At least 16 years old; and
  (2) Not counted as an adult or caregiver in the required child/adult swimming ratio.

Source Note: The provisions of this §748.3751 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909