N.J. Admin. Code § 3A:54-6.6

Current through Register Vol. 57, No. 1, January 6, 2025

Section 3A:54-6.6 - Outdoor space

(a) The provider shall ensure that an adequate, safe outdoor play area is available either adjacent to or within walking distance of the home.

(b) Swimming pools, and other containers and natural bodies of water at the family child care home shall be physically inaccessible to children, except when they are supervised as specified in (d) below and all local ordinances that apply to a swimming pool or natural bathing area must be adhered to.

(c) Spa pools, hot tubs, and wading pools shall be inaccessible to children and their use shall be prohibited.

(d) The following supervision requirements shall apply whenever enrolled children use a pool or other container or body of water at the family child care home or any other location:

1. For pools and other bodies of water that are 24 inches or more in depth:

i. One person at least 18 years old shall directly supervise up to two children;

ii. Two people, one of which is at least 18 years old shall directly supervise three or more children; and

iii. The provider shall maintain a ring buoy with a rope, extension pole, or other device that can be used to rescue a swimmer in distress;

2. For pools and other containers or bodies of water that are less than 24 inches in depth, one person at least 18 years old shall directly supervise all the children. When the number of children using the pool requires a second caregiver to be present, as specified in 3A:54-6.1(b)2 or 6.2(b), both caregivers shall directly supervise the children; and

3. At least one person providing supervision shall be certified in cardiopulmonary resuscitation (CPR).

(e) The provider shall obtain written consent from the parent(s) of each enrolled child before the child uses a pool or other body of water as specified in (d) above.

(f) The provider shall ensure that each child riding a bicycle, using roller skates, inline skates, skate boards or who is a passenger on a bicycle, or towed by a bicycle, wears a safety helmet, as specified in the State Bicycle Helmet Law, N.J.S.A. 39:4-10.1.

(g) The provider shall ensure that outdoor equipment, such as swings, slides and climbing apparatus:

1. Are installed and in keeping with the manufacturer's specifications and instructions; and

2. Are in good repair and that:

i. Openings do not pose entrapment hazard;

ii. Equipment and apparatus shall be used only by the children for whom it is developmentally appropriate; and

iii. All fencing shall be maintained in good condition.

(h) All garbage and refuse will be collected, stored and disposed of in a manner, which will not attract rodents or insects.

N.J. Admin. Code § 3A:54-6.6

Administrative Change, 49 N.J.R. 98a.

Amended by 49 N.J.R. 531(a), effective 3/20/2017