A provider shall have prior written approval from a child's parent for the child's participation in a water activity. If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member. If the water exceeds 4 feet in depth, there shall be a lifeguard present who: Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department; Is present at waterside during the swimming activity; and Is not included in the required staff/child ratio. Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.