Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 4 - MATERNAL AND CHILD HEALTH
Section 28-4-824 - Swimming pools, wading pools, and hot tubs; off-premises swimming and wading activities
Universal Citation: KS Admin Regs 28-4-824
Current through Register Vol. 43, No. 12, March 20, 2024
(a) General safety on the premises of the family foster home.
(1) If any swimming pool or wading pool with
water over 12 inches deep or any hot tub is on the premises, the pool or tub
shall be constructed, maintained, and used in such a manner that safeguards the
lives and health of the children in foster care.
(2) If children in foster care have access to
a swimming pool, wading pool, or hot tub, at least one adult shall be
physically present and shall directly supervise the children. A minimum ratio
of one adult to six children, including children in foster care, shall be
maintained.
(3) Each licensee
shall post legible safety rules for the use of a swimming pool or hot tub in a
conspicuous location. If the pool or hot tub is available for use, the licensee
shall read and review the safety rules weekly with each child in foster care.
(b) Swimming pools on the premises.
(1) Each in-ground swimming
pool shall be enclosed by a fence at least five feet high. Each gate in the
fence shall be kept locked and shall be self-locking. The wall of a house or
other building containing a window designed to open or a door shall not be used
in lieu of a fence.
(2) Each
aboveground swimming pool shall be at least four feet high or shall be enclosed
by a fence at least five feet high with a gate that is kept closed and is
self-locking. Steps shall be removed and stored away from the pool when the
pool is not in use. Each aboveground pool with a deck or berm that provides a
ground-level entry on any side shall be treated as an in-ground pool.
(3) Sensors or pool covers shall
not be used in lieu of a fence.
(4) The pH of the water in the swimming pool
shall be maintained between 7.2 and 8.2. The available chlorine content shall
be between 0.4 and 3.0 parts per million. The pool shall be cleaned daily, and
the chlorine level and pH level shall be tested before each use. The results of
these tests shall be recorded and available if requested.
(5) An individual with a life-saving
certificate or an individual with training in CPR who can swim shall be in
attendance while any child in foster care is using a swimming pool.
(6) Each swimming pool more than six feet in
width, length, or diameter shall be provided with a ring buoy and rope or with
a shepherd's hook. The equipment shall be of sufficient length to reach the
center of the pool from each edge of the pool.
(c) Wading pools on the premises.
(1) No child in foster care shall be
permitted to play without adult supervision in any area where there is a wading
pool containing water.
(2) The
water in each wading pool shall be emptied daily.
(d) Hot tubs on the premises.
(1) Each hot tub shall be covered when not in
use with an insulated, rigid cover secured by locks or surrounded by a fence
that meets the requirements of paragraph (b)(1).
(2) The chlorine and pH levels shall be
tested and maintained as required by the manufacturer's specifications for use.
(3) Each licensee shall ensure
that no child in foster care less than four years of age uses a hot tub. Each
licensee shall ensure that each child in foster care four years of age and
older is permitted to use the hot tub only in accordance with the
manufacturer's specifications and recommendations for use.
(e) General safety off the premises of the family foster home. Any child in foster care who knows how to swim and who is at least six years of age may be permitted to swim in ponds, lakes, rivers, and other natural bodies of water that are approved for swimming by the county health department, the Kansas department of health and environment, or the designated authority in the state in which the swimming site is located.
(1) Each licensee shall
ensure that each child in foster care while wading, swimming, or involved in
other activities near, in, or on a pond, lake, river, or other natural body of
water is directly supervised by a designated adult.
(2) Each child in foster care who is a
nonswimmer or who is less than six years of age shall wear a safety vest
certified by the manufacturer as appropriate for the child's age and weight
specifications, when wading or playing near a pond, lake, river, or other
natural body of water or when boating.
(3) Each caregiver shall review boating and
swimming safety rules with each child in foster care before the activity and
shall be responsible for enforcing the safety rules.
(4) If a certified lifeguard is not on duty,
an individual with a life-saving certificate or training in CPR who can swim
shall be in attendance.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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