04-2: Draft Ordinance - 2026 Local Standards of Care — original pdf

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City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 ORDINANCE NO. AN ORDINANCE ADOPTING LOCAL STANDARDS OF CARE FOR YOUTH RECREATIONAL PROGRAMS OPERATED BY AUSTIN PARKS AND RECREATION AND AUSTIN ARTS, CULTURE, MUSIC; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. AUTHORITY. The Council adopts these local standards of care for Austin Parks and Recreation’s and Austin Arts, Culture, Music, and Entertainment’s youth recreational programs pursuant to Texas Human Resources Code Section 42.041 (Required License) and the City’s home-rule authority. PART 2. DEFINITIONS. In this ordinance: (1) ACTIVITY LEADER means a person responsible for the direct care or supervision of participants. The term excludes a person whose primary duties include administration, clerical support, food preparation, or facility maintenance. (2) DEPARTMENTS means Austin Parks and Recreation and Austin Arts, Culture, Music, and Entertainment. (3) DIRECTOR means the director of Austin Parks and Recreation or Austin Arts, Culture, Music, and Entertainment. (4) DIRECTORS means both directors. (5) DESIGNEE means a person appointed by the director to act on the director’s behalf. (6) (7) FACILITY means a building or improvement operated or used by the departments in conducting a recreational program. PARTICIPANT means a child aged five to 13 years old who is enrolled in a recreational program and is under the supervision of department staff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Draft 3/11/2026 Page 1 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 (8) RECREATIONAL PROGRAM means a fee-based children’s program or activity offered and supervised by the departments that requires a participant to enroll or register to participate. (9) VOLUNTEER means a person assisting without remuneration in the care or supervision of participants. 40 41 42 43 44 45 46 PART 3. PROGRAM ADMINISTRATION. 47 48 49 50 51 (A) The departments will operate recreational programs in compliance with appropriate state law, this ordinance, and the departments’ rules adopted by this ordinance. (B) The directors or their designees will administer the programs. 52 PART 4. PROGRAM RULES; MONITORING. 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 (A) The director of Austin Parks and Recreation will adopt rules relating to the operation of the programs operated by the departments. A rule adopted under this ordinance may be more restrictive than the minimum standards adopted by this ordinance. (B) The directors will monitor the programs to ensure compliance with the standards adopted by this ordinance and the rules. PART 5. REQUIRED SUPERVISION FOR NON-AQUATIC RECREATIONAL PROGRAMS. (A) Except as provided in Subsection (B) and Part 6 below, the departments will provide activity leaders during a recreational program at a minimum as follows: (1) (2) one activity leader for each 12 participants five to nine years old; and one activity leader for each 15 participants ten to 13 years old. (B) The departments will provide activity leaders during a recreational program designed for participants with a disability at a minimum as follows: (1) (2) one activity leader for each four participants five to 11 years old; and one activity leader for each eight participants 12 to 13 years old. PART 6. REQUIRED SUPERVISION FOR AQUATIC RECREATIONAL PROGRAMS. Draft 3/11/2026 Page 2 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 (A) Except as provided in Subsection (C) below, the departments will provide activity leaders during a recreational program that includes swimming in a swimming pool at a minimum as follows: (1) (2) one activity leader for each eight participants five to seven years old; and one activity leader for each 12 participants eight to 13 years old. (B) Except as provided in Subsection (C) below, the departments will provide activity leaders during a recreational program that includes swimming in a wading pool at a minimum as follows: (1) one activity leader for each eight participants of five to seven years of age; and (2) one activity leader for each 12 participants eight to 13 years old. (C) During a recreational program designed for participants with a disability that includes swimming in a swimming pool or wading pool, the departments will provide: (1) one activity leader for each four participants five to 11 years old; and (2) one activity leader for each eight participants 12 to 13 years old. (D) The departments may not conduct a recreational program at a swimming pool or wading pool outside a City park unless the use of the pool has been approved by the director. (E) Except when actively participating in swim instruction, a child who is unable to swim competently, or who is at risk of injury or death when swimming as determined by the parent or guardian on the approved participant waiver, must be provided with a Type I, II, or III United States Coast Guard approved personal flotation device (PFD) by the department. Staff must ensure the child is wearing the PFD and that it is properly fitted and fastened when swimming in a swimming pool or wading pool. 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 PART 7. REQUIREMENTS FOR ACTIVITY LEADERS. 98 99 100 (A) The departments will provide a minimum of one activity leader for each class or group enrolled in a recreational program. (B) An activity leader must be at least: Draft 3/11/2026 Page 3 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 (1) 18 years old; or File ID: 26-1307 (2) 15 years old if supervised by another activity leader who is at least 18 years old. (C) An activity leader must retain the following certification from a nationally recognized organization approved by the directors: (1) (2) (3) basic water rescue, or equivalent, as approved by the directors, if supervising a recreational program that includes swimming; cardiopulmonary resuscitation for adults, children, and infants; use of an automated external defibrillator; and (4) first aid. 101 102 103 104 105 106 107 108 109 110 111 PART 8. STAFF AND VOLUNTEER TRAINING REQUIREMENTS. 112 113 114 115 116 117 118 119 120 121 (A) The director of Austin Parks and Recreation will establish training requirements for all staff and volunteers who provide direct care or supervision to participants. (B) At least one staff member at each facility must have current training in first aid, automated external defibrillator, and cardiopulmonary resuscitation for adults, children, and infants from a nationally recognized program that has been approved by the directors. (C) Each staff member who supervises children in swimming or other water activities will be trained in basic water rescue, or equivalent, as approved by the directors. A person who is not counted in the minimum staff-to-participant ratio is not required to meet these requirements. 122 PART 9. PERSONNEL RESTRICTIONS. 123 124 125 126 127 128 129 130 (A) A person may not be employed or serve as a volunteer in a recreational program if: (1) (2) the person would be permanently barred from being present at a childcare operation while children are in care under Texas Administrative Code Title 40, Part 19, Chapter 745 (Licensing); or the departments determine that, based on criminal history and other relevant and credible information, the person poses a risk to the safety or health of participants. Draft 3/11/2026 Page 4 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 131 132 (B) The departments may obtain a criminal history record of any employee or volunteer working or applying to work in a recreational program. 133 PART 10. FACILITY OPERATION; PHYSICAL ENVIRONMENT. 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 (A) The departments may not operate a recreational program at a facility unless the facility meets the following requirements: (1) The facility and equipment used in the program do not present fire, health, or safety hazards and are kept free of refuse and debris. (2) The facility is inspected annually for safety by the departments. (3) The facility is kept free of insects, rodents, and stray animals. (4) The facility has clearly marked emergency exits. (5) The facility has a disaster and evacuation procedure posted in a visible location. (6) The facility is used and maintained in accordance with the fire prevention requirements of City Code Chapter 25-12 (Technical Codes) and the fire chief’s directives, including not fewer than four fire drills each year. (7) First aid and infection control kits are kept at the facility, including sufficient additional kits to be taken to other locations at which participants engage in a program activity. (8) First aid guidelines are on file and visibly posted at the facility, including: (a) cardiopulmonary resuscitation and rescue breathing sequence guidelines; (b) first aid review; and (c) emergency action plans. (9) The facility has a sufficient number of restrooms that are equipped for independent use by children and that are designed to permit staff supervision if necessary. (B) The departments will maintain a campground or primitive facility used for a recreation program in compliance with the requirements of Subsection (A) to the extent possible. Draft 3/11/2026 Page 5 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 160 161 162 163 (C) The departments will maintain equipment used in the programs in good condition. Department staff will remove a defective tool, machinery, appliance, or other equipment and report the defective item to a supervisor. Unauthorized staff may not repair defective equipment. 164 PART 11. PHYSICAL HEALTH STANDARDS. 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (A) A staff member will supervise a participant who is ill or injured until a parent or other authorized adult removes the participant from the facility. (B) Staff will keep a participant whose illness or medical condition would compromise the health or safety of the others separate from the others until the child is removed from the facility. (C) Staff will call a participant’s parent or guardian if the participant has an oral temperature of 100.4 degrees Fahrenheit or greater, accompanied by behavioral changes or other signs or symptoms of illness. (D) Staff may not admit or readmit a participant whose illness or medical condition prevents the participant from comfortably participating in program activities or in places where other participants may be put at risk for the duration of the illness or condition. (E) In the case of an acute illness or injury to a participant, staff will call for an emergency vehicle to transport the participant to an authorized medical facility. 179 PART 12. MEDICATION STANDARDS. 180 181 182 183 184 185 186 187 188 189 190 191 (A) A staff member may not administer medication to a participant without parental authorization. Staff may not administer medication that is not in its original container or past the expiration date on the container. (B) A staff member may not administer an injection or an amount of medication that is inconsistent with the prescribed dosage. A staff member may administer an epinephrine auto-injector device if the staff member has completed training approved by the departments. (C) A staff member may not accept more than a one-week supply of medication for a participant, and the staff member will return the unused medication to the parent on the last program day of the week. (D) Staff must keep medication in a secured location that cannot be accessed by participants. Draft 3/11/2026 Page 6 of 7 COA Law Department City of Austin Council Meeting Backup: March 26, 2026 File ID: 26-1307 192 193 194 195 (E) When medication is administered, a staff member will maintain a medication log that includes the name of the child to whom the medication is administered, the time the medication is dispensed, and the name of the person dispensing the medication. 196 PART 13. DISTRIBUTION OF STANDARDS. 197 198 199 200 201 202 203 204 (A) The departments will post and make available copies of the standards adopted in this ordinance or by rules adopted under this ordinance and will provide the standards to the parents or guardians of each program participant. (B) The departments will inform parents or guardians of each participant that the recreational programs are not licensed by the state and the programs will not be advertised as child-care facilities. PART 14. APPLICABILITY. This ordinance supersedes City Code Chapter 8-2 (Swimming Pool Use) to the extent of conflict. 205 PART 15. EXPIRATION. This ordinance expires one year after its effective date. 206 207 208 209 210 211 PART 16. DECLARATION OF EMERGENCY. The current local standards of care ordinance expires on April 1, 2026. The council finds that maintaining local standards of care for the youth recreational programs is necessary to protect public peace, health, and safety. In order to comply with state law, these standards must be adopted prior to April 1, 2026, which constitutes an emergency. Because of this emergency, this ordinance takes effect immediately upon its passage for the immediate preservation of the public peace, health, and safety. 212 PASSED AND APPROVED 213 214 215 216 217 218 219 220 221 222 223 § § § _____________________________________ , 2026 Kirk Watson Mayor APPROVED: ______________________ ATTEST: _____________________________ Deborah Thomas City Attorney Erika Brady City Clerk Draft 3/11/2026 Page 7 of 7 COA Law Department