Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-24 - Swimming and water safety requirements for a licensed family child care provider
Universal Citation: OH Admin Code 5101:2-13-24
Current through all regulations passed and filed through September 16, 2024
(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, the provider 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
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 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-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.
Disclaimer: These regulations may not be the most recent version. Ohio 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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