Pool Patchers

North Carolina State Rules

Activities Involving Water in Child Care Centers

10A NCAC 09 .1403Current12 inspection points
.1403

Activities Involving Water

10A NCAC 09 .1403 ACTIVITIES INVOLVING WATER IN CHILD CARE CENTERS
(a) The requirements in this Rule apply to child care center "aquatic activities," which are defined as activities that take place in or around a body of water such as swimming, swimming instruction, wading, and visits to water parks. Aquatic activities do not include water play activities such as water table play, slip and slide activities, or playing in sprinklers.
(b) Aquatic activities involving the following are prohibited:

What we inspect

Hot tubs, spas, saunas and steam rooms prohibited for children in care

We check that hot tubs, spas, saunas, and steam rooms aren't being used with children in licensed child care.

Must be: Hot tubs, spas, saunas, and steam rooms may not be used by children enrolled in a licensed child care center.

If it fails: Keep these features off-limits to enrolled children, or restrict access with locks or barriers.

.1403(b)

What we inspect

Portable wading pools and untreated water prohibited

We check that children aren't using portable wading pools or untreated natural water for swimming at the center.

Must be: Portable wading pools, natural bodies of water, and other untreated, unfiltered water are not allowed for children's aquatic activities.

If it fails: Use only a properly filtered and disinfected pool for children's water activities.

.1403(b)

(1) hot tubs;
(2) spas;
(3) saunas or steam rooms;
(4) portable wading pools; and
(5) natural bodies of water and other unfiltered, nondisinfected containments of water.
(c) For every 25 children in care participating in aquatic activities, there shall be at least one person who has a life guard training certificate issued by the Red Cross or other training determined by the Division to be equivalent to the Red Cross training, appropriate for both the type of body of water and type of aquatic activity. These lifeguards shall not be counted in the required staff/child ratios referenced in Paragraph (e) of this Rule.

What we inspect

One certified lifeguard per 25 children, not counted in ratios

We check the number of certified lifeguards on duty relative to the number of children in the water.

Must be: There must be at least one certified lifeguard for every 25 children, separate from the required staff-to-child ratio.

If it fails: Schedule enough certified lifeguards so you have one per 25 children, in addition to your regular staff.

.1403(c)

(d) Children under the age of three shall not participate in aquatic activities except to the extent necessary to implement any child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP).

What we inspect

Children under three excluded from aquatic activities

We check whether any children under age three are participating in aquatic activities.

Must be: Children under three may not take part in aquatic activities, except as needed for their individual service or education plan.

.1403(d)

(e) The following staff/child ratios shall be maintained whenever children participate in aquatic activities:

What we inspect

Aquatic staff/child ratios: 1/8, 1/10, 1/13 by age

We check the staff-to-child ratio during aquatic activities against the children's ages.

Must be: Ratios must be at least one staff member per 8 children ages 3-4, per 10 children ages 4-5, and per 13 children age 5 and up.

If it fails: Add staff or reduce group size in the water until the ratio matches the children's ages.

.1403(e)

What we inspect

Never fewer than two staff supervising, whatever the ratio

We check that at least two staff members are supervising, even when the ratio would allow fewer.

Must be: At least two staff members must supervise the aquatic activity at all times, no matter the ratio.

.1403(e)

Age of Children Ratio Staff/Children
3 to 4 Years 1/8
4 to 5 Years 1/10
5 Years and Older 1/13
Notwithstanding the staff/child ratios, at no time shall there be fewer than two staff members supervising the aquatic activity.
(f) Children shall be adequately supervised by center staff at all times while participating in aquatic activities. For purposes of this Rule, "Adequate supervision" means that half of the center staff needed to meet the staff/child ratios in Paragraph (e) of this Rule is in the water and the other half is out of the water. If an uneven number of staff are needed to meet the required staff/child ratios, the majority shall be in the water. Staff shall be stationed in pre-assigned areas that will enable them at all times to hear, see, and respond to the children whether in or out of the water. Children shall not enter the water before center staff are stationed in their pre-assigned areas. Center staff shall devote their full attention to supervising the children in their pre-assigned areas of coverage and shall communicate with one another about children moving from one area to another area.

What we inspect

Half of required staff in the water, half out, in pre-assigned areas

We check how staff are positioned in and around the pool during swim time.

Must be: Half the required staff must be in the water and half out, each stationed where they can see, hear, and reach the children, before any child enters the water.

If it fails: Assign specific in-water and poolside positions to staff before children are allowed in.

.1403(f)

(g) Prior to children participating in aquatic activities, the center shall develop policies that address the following:

What we inspect

Written aquatic policies covering five specified subjects

We check that the center has written aquatic policies covering all required topics.

Must be: Written policies must cover safety hazards, supervision (including restroom or changing room use), discipline, transportation, and emergency water-exit procedures.

If it fails: Draft a written aquatic policy covering all five topics and keep it on file for staff to reference.

.1403(g)

(1) aquatic safety hazards;
(2) pool and aquatic activity area supervision including restroom or changing room use;
(3) how discipline will be handled during aquatic activities;
(4) the facility's off-premises and transportation policies and procedures; and
(5) that children shall be directed to exit the water during an emergency.
(h) Before staff first supervise children on an aquatic activity, and annually thereafter, staff shall sign and date statements that they have reviewed:

What we inspect

Staff sign annual statement of policy review, kept one year

We check personnel files for signed, dated aquatic-policy review statements.

Must be: Each staff member must sign a statement reviewing the aquatic policies before first supervising and again every year, kept on file for at least a year.

If it fails: Have staff sign and date a policy-review form annually and file it with their records.

.1403(h)

(1) the center policies as specified in Paragraph (g) of this Rule;
(2) any guidelines provided by the pool operator or other off-site aquatic facility; and
(3) the requirements of this Rule.
The statement shall be maintained in the staff person's personnel file for one year or until it is superseded by a new statement.
(i) Centers shall obtain written permission from parents for participation in aquatic activities. The written permission shall include a statement that parents are aware of the center's aquatic policies specified in Paragraph (g) of this Rule. The center shall maintain copies of written parental permission in each child's file.

What we inspect

Written parental permission on file for each child

We check each child's file for written parental permission for aquatic activities.

Must be: A signed parental permission form, acknowledging awareness of the aquatic policies, must be on file for every child who swims.

If it fails: Collect a signed permission form from each parent before their child participates in swimming.

.1403(i)

(j) Any outdoor swimming pool located on the child care center premises shall be enclosed by a fence that is at least four feet high, separated from the remaining outdoor play area by that fence, and locked and inaccessible to children when not in use.

What we inspect

Pool fenced at least four feet AND separated from the play area

We check the height and placement of the fence around the pool at the child care center.

Must be: The pool must be enclosed by a fence at least 4 feet high that separates it from the rest of the outdoor play area, and it must be locked when the pool isn't in use.

If it fails: Install or raise the fence to at least 4 feet and make sure it fully separates the pool from the play area, with a working lock.

.1403(j)

(k) Swimming pool safety rules shall be posted and visible to children and staff for any swimming pool located on the child care center premises. These rules shall state:

What we inspect

Pool safety rules posted and visible

We check that pool safety rules are posted somewhere children and staff can see them.

Must be: A posted sign must be visible showing at least the first aid kit location and pool conduct rules.

If it fails: Post a sign near the pool listing the first aid kit location and basic conduct rules.

.1403(k)

(1) the location of a First Aid kit;
(2) that only water toys are permitted;
(3) that children are not allowed to run or push one another;
(4) that swimming is allowed only when at least two adults are present; and
(5) that glass objects are not allowed.
(l) All swimming pools used by children shall meet the "Rules Governing Public Swimming Pools" in accordance with 15A NCAC 18A .2500 which are incorporated by reference, including subsequent amendments. A copy of these Rules can be found at http://ehs.ncpublichealth.com/docs/rules/294306-9-2500.pdf and is available at no charge.
(m) Educational activities, such as observing tadpoles, exploring mud, or learning about rocks and vegetation shall be permitted.
(n) Boating, rafting, and canoeing activities are permitted. Prior to participating in recreational activities conducted on the water, children shall wear an age or size appropriate personal floatation device approved by the United States Coast Guard. This personal floatation device shall be worn for the duration of the activity.
History Note: Authority G.S. 110-85; 110-88(5); 110-91(1),(6); 143B-168.3;
Eff. January 1, 1986;
Amended Eff. July 1, 2010; November 1, 2007; January 1, 1996; January 1, 1992; January 1, 1987;
Readopted Eff. October 1, 2017;
Amended Eff. February 1, 2021.

For general reference only — not legal advice. Always confirm the current rule with the issuing authority.