Child Care Center Rules
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5101:2-12-17 Swimming and Water Safety Requirements for Licensed Child Care Centers
Effective Date: November 22, 2015

(A)All swimming sites shall meet all state and local guidelines for environmental health inspections and for onsite and private pools. Verification of the inspections for onsite and private pools shall be maintained at the center.

(1)Swimming activities shall not be permitted in lakes, rivers, ponds, creeks, or other similar bodies of water with the exception of school children who have the written permission from the child's parent or legal guardian.

(2)For onsite and private pools over two feet in depth, there shall be one lifeguard for every thirty-five children involved in the water activity at any one time.

(3)Activities in bodies of water two or more feet in depth shall be supervised by personspeople 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 department. 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 and all adults accompanying the children shall be actively supervising children and shall be able to clearly see all parts of the swimming area, including the bottom of pools.

(B)Wading pools shall be filtered or emptied daily. Portable wading pools shall be sanitized daily, or more often, if needed.

(C)Child care staff members shall review swimming and/orand water safety rules with children each time they participate in water activities. Included in these rules there shall be a system for checking to ensure that each child is safe when in the water.

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

(2)Swimming pools, wading pools, and other swimming/wading sites shall be made inaccessible to the children when adult supervision is not available.

(D)The child care center shall have written permission from the parent or guardian:

(1)Before the child swims in water two or more feet in depth.

(2)Before the child participates in activities near water two or more feet in depth.

(3)Before infants and toddlers use wading pools.

(4)Before school children participate in swimming activities in lakes, rivers, ponds, creeks or other similar bodies of water.

(E)The written permission shall be signed and dated by the parent or guardian, and be on file for reviewat the center. The permission shall include the following:

(1)The child's name and birthdate.

(2)A statement indicating whether the child is a swimmer or a nonswimmer.

(3)Location of the swimming site.

(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 statement that the parent or guardian grants permission for the child to participate.

Effective: 11/22/2015

Five Year Review (FYR) Dates: 08/28/2015 and 11/22/2020


Date: 11/09/2015

Promulgated Under: 119.03

Statutory Authority: 5104.015

Rule Amplifies: 5104.015

Prior Effective Dates: 2/8/82, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/05