Rule 37.96.413 - SAFETY AROUND BODIES OF WATER(1) All licensed and registered child care providers except RCE providers must ensure all in-ground and above-ground swimming pools located in the outdoor play space area or accessible to children are surrounded by a fence that is least five feet high with a locked gate to prevent access to children. The fence must come within 3 1/2 inches of the ground and be constructed to discourage climbing. Exit and entrance points must have self-closing, positive latching gates with locking devices a minimum of 55 inches from the ground. The child care building wall must not constitute one side of the fence unless there are no openings in the wall.(2) Children must not be permitted in hot tubs, spas, or saunas.(a) Hot tubs must have bolted and securely locked covers.(b) Spas and saunas must be inaccessible to children.(3) Ponds and other bodies of water on child care premises must be surrounded by a fence that is at least five feet high to prevent access by children.(4) Portable wading pools are permitted. If the portable wading pool is filled with water and will sit unused for any period of time prior to use by children, the program must equip the wading pool with a fence, wall, gate, or screen that locks to prevent unsupervised access by children.(5) When children are swimming or in any body of water, children must be continuously supervised consistent with the following requirements: (a) Children under 36 months old must have 1:1 supervision and always be either in direct contact or within arm's reach of the supervising adult who must be in the water.(b) Children ages three to five years old must be supervised using 4:1 child-to-staff ratio. Children must be within arm's reach of the supervising adult who must be in the water.(6) When children of any age are swimming in a pool or in a body of water without a lifeguard, a staff member with an advanced lifesaving or an equivalent certificate by a recognized organization must continuously supervise children. This staff member must not be counted in the child-to-staff ratio. One person with an advanced lifesaving or an equivalent certificate is required for each group of 25 or fewer children.(a) A staff member must continuously supervise children using a portable wading pool.(7) Each swimming pool more than six feet in width, length, or diameter must be equipped with an easily accessible ring buoy and rope and either a throw line or a shepherd's hook of sufficient length to reach the center of the pool from the edge of the pool.(8) Swimming pool safety rules must be posted near the swimming pool.Mont. Admin. R. 37.96.413
NEW, 2024 MAR p. 738, Eff. 4/13/2024AUTH: 52-2-704, MCA; IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-731, 52-2-735, MCA