Activities Involving Water (family child care homes) — Pool Regulations — Pool Patchers

Activities Involving Water

(a) The requirements in this Rule apply to "aquatic activities," which are defined as activities that take place in 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, portable wading pools and untreated water prohibited

We check that hot tubs, spas, saunas, wading pools, and untreated water sources aren't used with children in family child care.

Must be: Hot tubs, spas, saunas, steam rooms, portable wading pools, and untreated natural water are not allowed for children's aquatic activities.

.1730(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) When children enrolled in a family child care home participate 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. Verification of the operator's completion of this course from an approved training organization shall be maintained in their personnel file in the family child care home. The Division shall post a list of approved training organizations on its website at http://ncchildcare.ncdhhs.gov/providers/pv_sn2_ov_pd.asp.

What we inspect

Certified lifeguard present, certificate held in the personnel file

We check for a certified lifeguard during swim time and their certificate in the personnel file.

Must be: At least one certified lifeguard must be present during aquatic activities, with proof of certification kept on file.

If it fails: Have a certified lifeguard present whenever children swim and file a copy of their certificate.

.1730(c)

(d) The family child care home operator shall be responsible for adequately supervising the aquatic activity for the duration of the activity. For purposes of this Rule, "Adequate supervision" means that the operator shall be able to hear, see, and respond to the children whether in or out of the water.

What we inspect

Operator personally responsible for supervision throughout

We check that the operator is actively supervising children during swim time.

Must be: The operator must be able to see, hear, and respond to the children the whole time they're in or around the water.

.1730(d)

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

What we inspect

Written aquatic policies, reviewed with substitutes beforehand

We check for written aquatic policies and proof they were reviewed with any substitute caregivers first.

Must be: Written policies covering hazards, supervision, discipline, transportation, and emergencies must exist and be reviewed with substitutes before they supervise swimming.

If it fails: Walk any substitute or backup caregiver through the written aquatic policy before they cover swim time.

.1730(e)

(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 operator's off premise and transportation policies; and

(5) that children shall be directed to exit the water during an emergency.

The policies shall be reviewed with additional caregivers and substitute providers prior to caring for children participating in aquatic activities.

(f) Family child care home operators shall obtain written permission from parents for participation in aquatic activities. The written permission shall include a statement that parents are aware of the operator's aquatic policies specified in Paragraph (f) of this Rule. The operator 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, showing 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.

.1730(f)

(g) Any outdoor swimming pool located on the family child care home 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 family child care home.

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.

.1730(g)

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

What we inspect

Pool safety rules posted: first aid, water toys, no running, adult present, no glass

We check that the posted pool safety rules cover all required points.

Must be: Posted rules must show the first aid kit location, that only water toys are allowed, no running or pushing, swimming only when the operator is present, and no glass allowed.

If it fails: Update your posted sign to include all five required points if any are missing.

.1730(h)

(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 the operator is present; and

(5) that glass objects are not allowed.

(i) All swimming pools used by children in care 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.

What we inspect

A home pool used in care must meet the public swimming pool rules

We check whether your residential pool is used for child care and, if so, hold it to full public pool standards.

Must be: Any pool used with children in care must meet the same rules as a public swimming pool, even if it would otherwise be a private residential pool.

If it fails: If you use your home pool for child care, bring it up to public pool standards for fencing, water quality, and supervision.

.1730(i)

(j) Educational activities, such as observing tadpoles, exploring mud, or learning about rocks and vegetation shall be permitted.

(k) 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. 110-88; 110-91(1),(3),(6); 143B-168.3;

Temporary Adoption Eff. September 23, 2016;

Eff. October 1, 2017;

Amended Eff. February 1, 2021.