(A)Are on-site
pools allowed to be used at a licensed family child care home?
(1)If the family
child care provider has a swimming pool located on the premises, the provider
shall make the pool inaccessible to children who are in care by a fence or
other physical barrier (the locked house door is not a sufficient barrier) that
prevents children from accessing the water. A pool shall meet at least one of
the following barrier options:
(a)For in-ground
or at ground level pool:
(i)A barrier
that prevents a child from going around, under or through to access the pool
water and the means of access to the pool (i.e. ladder, gate to deck) is
secured, locked or removed to prevent access to pool water.
(ii)A fence that
is at least four feet tall that separates the pool from the play area.
(iii)A secure
cover that meets the following standards:
(a)Inhibits access
to the pool water.
(b)Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through.
(c)Is able to
hold a weight of at least four hundred eighty-five pounds.
(d)Has manufacture
safety label attached.
(e)Prevents water
collecting on the cover surface.
(b)For an above
ground or above ground level pool:
(i)A minimum of
four feet walls (four feet above ground level) that are non-climbable and
non-inflatable and the means of access to the pool (i.e. ladder, gate to deck)
is secured, locked or removed to prevent access to pool water.
(ii)A fence that
is at least four feet tall that separates the pool from the play area.
(iii)A secure
cover that meets the following standards:
(a)Inhibits access
to the pool water.
(b)Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through.
(c)Is able to
hold a weight of at least four hundred eighty-five pounds.
(d)Has manufacture
safety label attached.
(e)Prevents water collecting
on the cover surface.
(2)The provider
shall not permit use of the pool by children in care.
(B)What are the
requirements for swimming sites for licensed family child care?
(1)Approved
off-site swimming sites shall meet all state and local guidelines for
environmental health inspections. Activities in bodies of water more than
eighteen inches 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.
(2)Pursuant to
rule 5101:2-13-19 of the Administrative Code, theprovider
shall actively supervise children and shall be able to clearly see all parts of
the swimming area, including the bottom of the pool. The provider shall not
serve as the life guard.
(3)The use of
saunas, hot tubs and spas by children is prohibited and these items shall be
inaccessible to them.
(4)Swimming in
lakes, rivers, ponds, creeks or other similar bodies of water is prohibited.
(5)The provider
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
disinfected daily or more often if needed.
(b)The provider
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.
(C)What are the
requirements for parental permission for water and swimming activities?
(1)The provider
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 home. Written
permission for on-going activities such as the wading pools shall be updated
annually.
(D)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 provider 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
Certification: CERTIFIED ELECTRONICALLY
Date: 10/05/2021
Promulgated Under: 119.03
Statutory Authority: 5104.017, 5104.018
Rule Amplifies: 5104.017, 5104.018
Prior Effective Dates: 09/05/1986, 10/15/1996, 10/01/1997
(Emer.),12/30/1997, 04/01/2003, 07/01/2003, 09/01/2005, 08/14/2008, 01/01/2014,
11/22/2015, 12/31/2016