10-148 C.M.R. ch. 32, § 15 - SWIMMING AND WADING
A.
Policies
regarding water activities and safety procedures. Direct supervision and
in close physical proximity of Children is required at all times, by Child Care
Staff Members in close physical proximity to allow intervention and within
sight and sound of all Children in the swimming or wading activity area.
1. A Child Care Facility that provides
swimming or wading activities must develop policies and procedures regarding
swimming and wading activities and safety procedures.
2. Policies and procedures must cover all
swimming or wading activities that take place at the Child Care Facility and
away from the premises, e.g., at a public swimming Pool or beach.
3. Policies and procedures must include a
written emergency plan related to any swimming or wading activities, regardless
of where they are conducted. The plan must be available to all staff. The plan
must cover procedures for medical emergencies, chemical emergencies, drowning,
severe weather and frequent verification that all Children are safe.
B.
Parental
permission. Prior to allowing a Child to participate in water
activities, the Child Care Facility must have written permission from the
Parent or Legal guardian. At least annually, the written Parental permission
form must be updated, signed and dated by the Parent or Legal guardian. The
signed and dated Parental permission form must be placed in the file maintained
by the Child Care Facility for each Child's records. The Parental permission
form must include:
1. The Child's name and
date of birth;
2. The water
activities offered;
3. The Child's
swimming ability;
4. Location of
the water activities;
5. The
presence or absence of a lifeguard; and
6. The Parent's signature and date.
C.
Surfaces. All water play equipment must be positioned on grass or
energy absorbing material during use.
D.
Minimum training and certification
required for water activities. The Child Care Facility must have
appropriately trained water attendant(s), as defined by this rule, present at
all times during swim instruction or other swimming or wading activities.
1. Wading Pools. Children must not be allowed
to enter a Wading Pool without supervision by a Wading Pool
Attendant.
2. Swimming Pools.
Children must not be allowed to enter any Swimming Pool deeper or wider than a
Wading Pool without supervision by a Water Safety Attendant.
3. Certified Lifeguard. Child Care Facilities
who offer swimming activities in bodies of water more than 48 inches deep at
any point must assure that a Certified Lifeguard is present during the swimming
activity. A copy of the lifeguard's current Lifeguard Training Certificate must
be on file in the program.
E.
Cleanliness. Swimming Pools
must have sufficient clarity. The bottom must be clearly visible in the deepest
part of the Pool. Swimming Pools must be equipped with a filtration and/or
treatment system. Wading Pools must be cleaned and emptied daily, and as needed
in response to the presence of contaminants.
F.
Pool Accessibility.
1. All Wading Pools must be emptied when not
in use.
2. Hot tubs must be
protected by fencing or locked barriers to prevent access by
Children.
3. All in-ground Swimming
Pools located in areas accessible to Children must be fenced. The fence must be
at least four feet in height and secured with a Locked gate.
4. All above-ground Swimming Pools must have
non-climbable sidewalls that are at least four feet high or must be enclosed
with a fence at least four feet in height and secured with a Locked gate. When
the Pool is not in use, steps must be removed from the Pool or otherwise
protected to prevent unsupervised access.
G.
Emergency preparedness and
drills.
1. All Pools must have an
accessible emergency telephone located in the Pool area. The telephone must be
able to dial directly for emergency assistance.
2. Water activity emergency drills must be
conducted at least once a month in any month during which the water activity
participation occurs. These drills must be conducted according to policies and
procedures, which include the use of safety equipment, Child evacuation,
routine methods of ensuring all Children are present, and emergency contacts.
3. The facility must keep a
written record of the type, date, time and duration of the training and
drills.
H.
Staff-Child ratios during water activities. Staff-Child ratios
must be maintained at all times during swimming and wading.
1. Wading Pool attendants may count toward
staff-Child ratios. Water safety attendants, lifeguards, and swimming
instructors do not count toward staff-Child ratios. Water safety attendants and
Certified Lifeguards must be stationed outside and next to the Swimming
Pool.
2. When three or fewer
Children are in the Swimming Pool, a water safety attendant may be included in
staff-Child ratios. The water safety attendant must be solely responsible for
supervision of the Children in the Swimming Pool.
3. If the pool is more than four feet deep at
any point, only Child Care Staff Members who are able to swim may be counted in
the staff-Child ratios.
I.
Swimming Pools. Child Care
Facilities with Swimming Pools on the premises must be familiar with emergency
procedures, the use of safety equipment and emergency contacts.
1. Facilities must complete a safety
checklist on any day which a swimming activity occurs. A checklist will be
supplied by the Department and must be signed by the individual responsible for
swimming activities on that day.
2.
Legible safety rules for the use of Swimming Pools must be posted in a
conspicuous location and must be read and reviewed weekly by each Child Care
Staff Member responsible for the supervision of Children.
J.
Off-site Pools or natural bodies of
water
1. For water activities away from
the Child Care Facility, when a Certified Lifeguard is on duty, the Child Care
Facility must provide one water safety attendant for every 20 Children present.
a. Certified Lifeguards must not be counted
as water safety attendants. Water safety attendants must not count in
staff-Child ratios. Additional Child Care Staff Members must be present to
complete staff-Child ratio requirements.
b. Water activities in natural bodies of
water must be limited to a specific area established by the Child Care Facility
by visual barriers on land and in the water.
2. For water activities at off-site pools or
natural bodies of water, when a Certified Lifeguard is not on duty, the Child
Care Facility must provide one water safety attendant for every 13 Children
present.
a. Water safety attendants and
Certified Lifeguards must not be counted in staff-Child ratios. Additional
Child Care Staff Members must be present to complete staff-Child ratio
requirements.
b. A Child Care
Facility that offers water activities at natural bodies of water or in pools
over 24" deep, must give written notice to each Child's Parent or Legal
guardian that there will be no lifeguard on duty.
c. No fewer than two Child Care Staff Members
who are at least 18 years of age must be present at all times during water
activities at natural bodies of water.
d. Water activities in natural bodies of
water must be limited to a specific area established by the Child Care
Facility. Prior to any Child entering the water, the Child Care Facility must
ensure that a barrier, such as a roped-off area with buoys, is in place that
limits the swimming area in the lake or pond to an area that is no wider than
16 feet across at any point and partitions off a part of the water that is no
deeper than four feet at any point.
K.
Non - Swimmers. All
non-swimmers must be clearly identified as Non-swimmers in a way that is
visually and easily recognized by Child Care Staff Members, water safety
attendants and Certified Lifeguards as applicable.
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.