Nev. Admin. Code § 424.420

Current through June 11, 2024
Section 424.420 - Pools, ponds, hot tubs, saunas and tanning booths
1. Any standing body of water on the premises of a foster home must be maintained in a condition that is healthy and safe for children. The water in any pond used for swimming must be maintained in a healthy and sanitary condition.
2. Except as otherwise provided in this subsection, a foster home that has an empty water feature or standing body of water on the premises and is licensed to care for any child who is less than 5 years of age must provide a fence on all sides of the empty water feature or standing body of water, separating it from the general yard area. If the empty water feature or standing body of water is adjacent to an area of an outside wall of the foster home that has no windows or doors, the wall may function as part of the fence. A fence is not required for a hot tub on the premises of a foster home described in this subsection if the hot tub has a protective cover that is kept in place and locked when the hot tub is not in use.
3. The fence required by subsection 2 must:
(a) Be at least 4 feet high on all sides.
(b) Have no vertical opening more than 4 inches wide.
(c) Be of such a design that young children cannot climb it or squeeze under it. The use of a chain link fence is prohibited.
(d) Not obstruct the view of the empty water feature, standing body of water or surrounding area from the house.
(e) Have a gate that is self-closing, with a self-latching mechanism which is in proper working order and out of the reach of young children.
4. If a foster home is licensed to care only for children who are 5 years of age or more:
(a) Except as otherwise provided in paragraph (b), the area surrounding an empty water feature or standing body of water must be fenced and locked in a manner which prevents access by children or others who are not entitled to be on the premises; or
(b) If the area surrounding the empty water feature or standing body of water is not fenced, there must be a locked, protective cover which will not allow access by a child. Any pool cover must be free from standing water.
5. A reaching pole with a life hook, and a ring buoy, must be present and accessible at all times as minimum safety devices unless the standing body of water is such that a person supervising a child is able, without entering the water, to reach the child in the water and remove the child by hand.
6. Steps leading to an above-ground pool must be removed when the pool is not in use.
7. Any sauna or tanning booth on the premises of a foster home must be locked in a manner which prevents access by children.
8. If a swimming pool cannot be emptied after each use, the pool must have a working pump and filtration system.
9. If a wading or inflatable pool is used, it must be constructed, maintained and used in a manner which safeguards the lives and health of the children. A wading or inflatable pool must be emptied when not in use or comply with all regulations applicable to a pool or other standing body of water.
10. If a foster home has access to a community pool, the foster parents and staff shall ensure that a child does not enter the pool area unless:
(a) The child is under the direct supervision of a foster parent or staff member; and
(b) The pool is equipped with a reaching pole with a life hook and a ring buoy.
11. As used in this section:
(a) "Empty water feature" includes, without limitation, an empty pool.
(b) "Standing body of water" includes, without limitation, any lake, pond or in-ground or above-ground pool, hot tub or large stationary bird bath.

Nev. Admin. Code § 424.420

Welfare Div., Req. for Foster Care part § 107.1, 10-7-88, eff. 1-1-89; A 5-19-89-NAC A by Div. of Child & Fam. Services, 11-14-97; R044-02, 7-23-2002; A by R110-13, eff. 6/23/2014; A by R110-19A, eff. 2/25/2021
NRS 424.020