A-F. Section 15/ Swimming and Wading

Changes made for swimming and wading. Read carefully if you swim or use, as defined, a wading pool.

A. Policies regarding water activities and safety procedures. Direct supervision of Children is required at all times, by providers in close physical proximity to allow intervention and within sight and sound of all Children in the swimming or wading activity area.

Providers have asked “What is expected for the monthly water safety drill?” Here’s clarification from the Licensing Supervisors: 1) you can alert the children (and staff if they have some) that they are doing a drill (can just saying the words or use a specific sound); 2) goal of drill is to get the children out of the pool, making sure everyone is accounted for and meets in the location designated for this purpose; 3) document the drill (it can be included on your fire drill/evacuation drill sheet. Providers need to have reviewed the expectations prior with their staff and enrolled children. You should have this explained in the required policy and procedures.

1. A Provider that offers swimming or wading activities must develop policies and procedures regarding swimming and wading activities and safety procedures.

2. Policies and procedures must cover all swimming or wading activities that take place on or away from the Premises, e.g., at a public swimming Pool or beach.

3. Policies and procedures must include a written emergency plan related to any swimming or wading activities, regardless of where they are conducted. The plan must be available to all staff. The plan must cover procedures for medical emergencies, chemical emergencies, drowning, severe weather and frequent verification that all Children are safe.

B. Parental permission. Prior to allowing a Child to participate in water activities, the Provider must have written permission from the Parent or Legal Guardian. At least annually, the written Parental permission form must be updated, signed and dated by the Parent or Legal Guardian. The signed and dated Parental permission form must be placed in the file maintained by the Provider for each Child’s records. The Parental permission form must include:

1. The Child’s name and date of birth;

2. The water activities offered;

3. The Child’s swimming ability;

4. Location of the water activities;

5. The presence or absence of a Certified Lifeguard; and

6. The Parent’s signature and date.

C. Surfaces. All water play equipment must be positioned on grass or energy absorbing material during use.

D. Minimum training and certification required for water activities. The Provider must have appropriately trained water attendant(s), as defined by this rule, present at all times during all swimming or wading activities.

1. Wading Pools. Children must not be allowed to enter a Wading Pool without supervision by a Wading Pool Attendant.

2. Swimming Pools. Children must not be allowed to enter any swimming Pool deeper or wider than a Wading Pool without supervision by a Water Safety Attendant.

E. Cleanliness. Swimming Pools must have sufficient clarity. The bottom must be clearly visible in the deepest part of the Pool. Swimming Pools must be equipped with a filtration and/or treatment system. Wading Pools must be Cleaned and emptied daily, and as needed in response to the presence of contaminants.

F. Pool accessibility.

1. All Wading Pools must be emptied when not in use.

2. Hot tubs must be protected by fencing or Locked barriers to prevent access by Children.

3. All in-ground Swimming Pools located in areas accessible to Children must be fenced. The fence must be at least four feet in height and secured with a Locked gate.

4. All above-ground Swimming Pools must have non-climbable sidewalls that are at least four feet high or must be enclosed with a fence at least four feet in height and secured with a Locked gate. When the Pool is not in use, steps must be removed from the Swimming Pool or otherwise protected to prevent unsupervised access.


Here’s the State’s Swimming Pool Daily Checklist


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