Child Care Center Rules
5101:2-12-24 Swimming and water safety Requirements for a Licensed Child Care Center
Effective Date: October 29, 2021
Most Current Prior Effective Date: December 31, 2016

(A)What are the requirements for swimming sites for a licensed child care center?

(1)All swimming sites shall meet all state and local guidelines for environmental health inspections. Inspection reports for on-site and private pools shall be on file at the center.

(2)A center shall have one lifeguard present for every thirty-five children when children are involved in a water activity for on-site or private pools over eighteen inches in depth.

(3)Activities in bodies of water eighteen inches or more in depth shall be supervised by people who are currently certified as lifeguards or water safety instructors by the "American Red Cross" or an equivalent water safety program, as determined by the Ohio department of job and family services (ODJFS). If the lifeguard is a child care staff member, they shall not be counted as a child care staff member in the staff/child ratio.

(4)Child care staff members shall be actively supervising children pursuant to rule 5101:2-12-19 of the Administrative Code and shall be able to clearly see all parts of the swimming area including the bottom of pools.

(5)The use of saunas, hot tubs, and spas by children is prohibited.

(6)Swimming in lakes, rivers, ponds, creeks or other similar bodies of water is prohibited.

(7)Swimming pools, wading pools and other swimming/wading sites shall be made inaccessible to the children when not in use.

(8)A center may use wading pools less than eighteen inches in wall height regardless of the amount of water put into it.

(a)Wading pools shall be filtered or emptied daily, and portable wading pools shall be sanitized daily or more often if needed.

(b)The child care staff membercenter shall supervise children at all times while a wading pool is in use and shall be able to clearly see all parts of the wading area.

(B)What are the requirements for parental permission for water and swimming activities?

(1)A center shall have written parental permission from the parent when water is directly accessible to children and for the following activities:

(a)Before the child swims or plays in water eighteen inches or more in depth.

(b)Before the child participates in activities near, in or on water eighteen inches or more in depth.

(c)Before infants and toddlers use wading pools.

(2)Written parental permission shall be on file for one year at the center. Written permission for on-going activities such as the wading pools shall be updated annually.

(C)What shall be included in the written parental permission?

(1)Child's name and date of birth.

(2)Statement indicating whether the child is a non swimmernon-swimmer or capable of swimming.

(3)Location of the water activities or swimming site by water of eighteen or more inches in depth.

(4)A statement of whether or not the center is providing additional adults or child care staff members above the licensing ratio requirements for this activity.

(5)A signature and date from the parent indicating permission for the activity.

Effective: 10/29/2021

Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026


Date: 10/05/2021

Promulgated Under: 119.03

Statutory Authority: 5104.015

Rule Amplifies: 5104.015

Prior Effective Dates: 02/08/1982, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005, 11/22/2015, 12/31/2016