Section 16.04.18.444 - SWIMMING POOL, POND, OR OTHER BODY OF WATER FOR USE BY CHILDRENAn above-ground or in-ground swimming pool, hot tub, pond, or other body of water on the premises of an organization for use by children must comply with Section 56-1003(3)(d), Idaho Code, and with applicable federal, state, county, and municipal laws, regulations, and ordinances regarding swimming pool construction, sanitation, water quality standards, water temperature, recreational bathing, and life-saving.
01.Staff with Lifesaving or Lifeguard Certificate. The facility must maintain at least one (1) staff who has a valid lifesaving or lifeguard certificate issued by a nationally recognized organization. This certified staff must always be on duty when children are in the water.02.Repair and Safeguards. The facility must maintain the pools, hot tubs, ponds, and other bodies of water on its property in good repair, clean condition, and free from safety hazards and dangerous machinery and equipment. Areas and equipment that are hazardous to children must not be accessible by children. The following safeguards must be provided:a. The area surrounding a body of water for use by children will be secured by a fence and locked in a manner that prevents access by children, or have a secured protective covering that will prevent access by a child.b. Pool or hot tub covers will be completely removed when in use;c. When the pool or hot tub cover is in place, the cover will be free from standing water;d. Covers will always be secured when the pool or hot tub is not in use;e. A reaching pole with a hook and a ring buoy will be accessible;f. Exterior ladders on above-ground pools will be removed when the pool is not in use; andg. A child who does not know how to swim will use an approved, appropriately fitting, lifesaving personal flotation device.03.Safety for Children Five (5) Years and Under.a. Any organization that cares for children five (5) years old and under, and chooses to prevent access to a body of water by fencing must provide the following: i. The fence will be at least four (4) feet high with no vertical opening more than four (4) inches wide, be designed so that a young child cannot climb or squeeze under or through the fence, and surround all sides of the pool or pond;ii. The gate will be self-closing and have a self-latching mechanism in proper working order out of the reach of young children;iii. If a building forms one (1) side of the barrier for the pool, doors that provide unrestricted access to the pool will have alarms that produce an audible sound when the doors are opened; andiv. Furniture or other large objects will not be left near the fence enabling a child to climb on the furniture and gain access to the pool.b. Children must be under the direct supervision of an adult while using any body of water including a wading pool.c. Toys that attract young children to the pool area must be kept picked up and away from the pool area when not in use.Idaho Admin. Code r. 16.04.18.444