W. Va. Code R. § 78-19-11

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 78-19-11 - Water Safety

11.1. For all water play or swimming activities, or both, the caregiver shall:

11.1.a. Obtain prior written permission from parents for children to participate;

11.1.b. Be physically present at the site of any water play and provide constant, direct supervision of children;

11.1.c. Ensure that an adult swimmer is present when children are involved in swimming activities in pools deeper than 24 inches;

11.1.d. Ensure that life guards are present when taking children to a swimming area outside of the family child care home;

11.1.e. Provide simple water safety rules to children based on their ages and developmental levels;

11.1.f. Ensure that a second adult is available to supervise when:

11.1.f.1. Some children are not swimming; and

11.1.f.2. More than three children under six years of age are participating in swimming activities in pools deeper than 24 inches; and

11.1.g. Ensure that children who are not toilet trained wear swim diapers during water play of any kind.

11.2. Water Play.

11.2.a. Wading pools of less than 24 inches in depth may be used when the following requirements are met:

11.2.a.1. The pool is clean and free of debris;

11.2.a.2. The pool is emptied and disinfected before and after each play period or immediately when they become dirty or contaminated; and

11.2.a.3. The pool remains empty when not in use and does not collect water.

11.2.b. The caregiver shall store empty pools out of children's reach.

11.3. Pools and Hot Tubs.

11.3.a. A caregiver shall:

11.3.a.1. Enclose all swimming pools deeper than 24 inches with a fence at least four feet high;

11.3.a.2. Ensure that entry gates remain locked when the pool is not in use;

11.3.a.3. Ensure that pools deeper than 24 inches used by children in care have working filtration systems and are maintained to prevent development of bacteria and algae;

11.3.a.4. Ensure that, if using a fence manufactured strictly for above ground pools, it extends at least two feet above the pool and has a locking ladder attached; and

11.3.a.5. Ensure that pools used by children in care are set up, maintained, and operated according to manufacturer guidelines and age recommendations.

11.3.b. A caregiver shall:

11.3.b.1. Equip hot tubs with a hard cover; and

11.3.b.2. Prohibit the children's use of hot tubs.

W. Va. Code R. § 78-19-11