Kan. Admin. Regs. § 28-4-594 - Swimming, wading, and water activities
(a) General.
(1) Each operator shall have written
permission on file as specified in K.A.R. 28-4-582 for each child or youth
participating in water activities.
(2) Each operator shall ensure that an
individual who can swim and who has a current certificate in first aid and a
current certificate in CPR appropriate to the age of the children and youth
attending the program is in attendance if children or youth are participating
in water activities.
(3) Each
activity shall be conducted with strict regard for the life and safety of each
child and youth.
(4) Each staff
member responsible for the supervision of children or youth who are
participating in swimming, wading or water activities shall review the safety
rules with each child or youth before the child or youth participates in the
activity.
(5) Each operator shall
ensure that no child or youth is permitted to dive from a diving board unless
the requirements governing high-risk sports and recreational activities as
specified in K.A.R. 28-4-588 are met.
(b) Swimming pools on the premises.
(1) Safety and maintenance. Each operator
shall ensure that the following requirements for safety and maintenance are
met:
(A) The water in each swimming pool
shall be maintained between pH 7.2 and pH 7.6. The available free chlorine
content shall be between 1.0 and 3.0 parts per million.
(B) Each swimming pool shall be cleaned
daily, and the chlorine level and pH level shall be tested daily during the
swimming season. The results of these tests shall be recorded and kept on file
at the premises.
(C) 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. This equipment shall be long
enough to reach the center of the pool from the edge of the pool.
(D) A sensor or a remote monitor shall not be
used in lieu of a fence around each swimming pool.
(E) During the months a swimming pool is not
in use, the pool shall be covered with a safety cover.
(F) If a swimming pool on the premises is to
be used by children or youth enrolled in the program, the operator shall ensure
that legible safety rules for the use of the pool are posted in a conspicuous
location.
(2) In-ground
swimming pools. Each operator shall ensure that the following requirements are
met:
(A) Each in-ground swimming pool located
outdoors shall be enclosed by a five-foot fence on all four sides to prevent
chance access by children and youth. The fence shall have a gate that has a
self-closing latch with a locking device.
(B) If an in-ground swimming pool is within a
building, the building shall be designed to prevent unsupervised access to the
pool by each child and youth.
(C)
Each in-ground swimming pool shall be surrounded by a nonskid surface that is
at least four feet wide, is in good repair, and is free of tears, breaks, and
splinters.
(3)
Aboveground swimming pools. Each operator shall ensure that the following
requirements are met:
(A) Each aboveground
swimming pool shall have sides at least five feet high or shall be enclosed by
a five-foot fence. Side extenders may be installed to increase the height of
the sides of the swimming pool.
(B) Ladders shall be removed when the
aboveground pool is not in use.
(4) Swimming pools operated by governmental
entity. Each swimming pool operated by a governmental entity for public use
shall be governed by the entity's policies and regulations on pool safety and
maintenance and shall meet the regulations applicable to swimming pools
included in this regulation, with the exception of paragraphs (b)(1)(A) and
(B).
(c) Wading pools.
The water in each wading pool shall be emptied immediately after use.
(d) Spas and hot tubs. Each spa or
hot tub shall be covered with an insulated cover, which shall be secured by
locks when the spa or hot tub is not in use.
(e) Ponds, rivers, and lakes on or off the
premises. If a pond, river, or lake is used for swimming, the operator shall
ensure that the body of water is approved for swimming by one of the following:
(1) The local health department of the county
in which the swimming site is located, if the swimming site is in Kansas;
(2) the secretary; or
(3) the designated authority in the state in
which the swimming site is located, if the swimming site is not in Kansas.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.