Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32
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STAFF CHILD REQUIREMENTS
TRAINING
PROGRAM DESCRIPTIONAND SCHEDULE
15.4 Swimming and wading activities 15.4.1 Policies and procedures regarding water activities and safety procedures. The facility must develop policies and procedures regarding swimming and wading activities and safety procedures. Policies and procedures must cover all swimming or wading activities that take place at the child care facility and all swimming or wading activities away from the child care facility premises, e.g., at a public swimming pool or beach. 15.4.2 Emergency Plan. The facility must include in its policies and procedures a written emergency plan related to any swimming or wading activities, regardless of where they are conducted. The plan must be available to all staff. The plan must cover procedures for medical emergencies, chemical emergencies and severe weather. 15.4.3 Emergency procedures. For facilities with swimming pools on the premises, staff must be familiar with emergency procedures, the use of safety equipment and emergency contacts. 15.4.3.1 Children must be reminded of the emergency procedures regularly. 15.4.3.2 Emergency drills. For facilities with swimming pools on the premises, swimming pool emergency drills must be conducted at least once a month in any month during which the pool is used. These drills must be conducted according to policies and procedures that are posted in the swimming area. The facility must keep a written record of the type, date, time and duration of the training and drills. 15.4.4 Pool safety rules. For facilities with swimming pools on the premises, legible safety rules for the use of swimming pools must be posted in a conspicuous location, and must be read and reviewed weekly by each staff member responsible for the supervision of children. 15.4.5 Basic water safety instruction for children. Before initially entering the water, all children must be instructed on all water safety measures. 15.4.6 Safety checklist. For facilities with swimming pools on the premises, the facility must complete a checklist on any day on which a pool activity occurs. A checklist will be supplied by the department, and must be signed by the individual responsible for swimming or wading activities on that day. 15.4.7 Water safety attendant on duty. The child care facility must have an appropriately trained water safety attendant, as required by these rules, present at all times during swim instruction or other swimming or wading activities. 15.4.7.1 More than 4’ deep. Swimming pools that are more than four (4) feet deep at any point shall comply with the following: 15.4.7.1.1 For pools more than sixteen feet (16’) wide, a lifeguard must be on duty. A copy of the lifeguard’s current Lifeguard Training Certificate must be on file in the facility. 15.4.7.1.2 For pools that are sixteen feet (16’) wide or less, if a non-swimming rescue is not feasible, a lifeguard must be on duty. 15.4.7.1.3 For pools that are sixteen feet (16’) wide or less, if a non-swimming rescue is feasible, the water safety attendant must have completed within the past three (3) years a basic water safety course that includes training in non-swimming rescue techniques in a program of instruction approved by the department. A copy of the current training certificate must be on file in the facility. 15.4.7.2 More than 2’ and less than 4’ deep. For swimming pools that are more than two feet (2’) and less than four (4) feet deep at the deepest part, a water safety attendant must be on duty. The water safety attendant must have completed a department-approved basic water safety course that includes training in non-swimming rescue techniques. A copy of the current training certificate must be on file in the facility. 15.4.7.3 Wading pools. For wading pools, a water safety attendant must be on duty. The water safety attendant must hold a valid CPR certificate and a valid first aid certificate. 15.4.7.4 Off-site water activities. For water activities away from the child care facility premises, the child care facility must provide an adequate number of water safety attendants, including lifeguards, as required by these rules, if the wading pool, swimming pool, beach, or water park operator does not, as well as comply with all applicable sections of these rules. 15.4.7.5 Use of lakes and ponds. For the use of lakes and ponds away from the child care facility premises, the child care facility must comply with all applicable sections of these rules, including the following: 15.4.7.5.1 Parental permission. Prior to allowing a child to participate in water activities in lakes and ponds, the child care facility must have written permission from the parent or legal guardian. The department-approved parental permission form shall describe the water activities offered at lakes and ponds, the child’s swimming ability and shall include the child's name, location of the lake or pond, the parent's signature and date. At least annually, the written parental permission form must be updated, signed and dated by the parent or legal guardian. The signed and dated parental permission form must be placed in the file maintained by the child care facility for each child’s records. 15.4.7.5.2 Parental notice that no lifeguard is on duty. A child care facility that offers water activities at lakes and ponds when there is no lifeguard on duty must give a department-approved written notice to each child's parent or legal guardian that there will be no lifeguard on duty at lakes and ponds 15.4.7.5.3 Water safety plan. The child care facility must have a written water safety plan for water activities at lakes and ponds that includes the following: 15.4.7.5.3.1 The same staff-to-child ratios for swimming pools at Section 15.4.9 in these rules, must apply to activities at lakes and ponds. 15.4.7.5.3.2 When no lifeguard is on duty, no fewer than 2 staff persons who are at least 18 years of age must be present at all times during water activities at lakes and ponds. When there is a lifeguard on duty at the lake or pond, the requirements of Section 15.4.9 apply. 15.4.7.5.3.3 Whether there is a lifeguard on duty or not, at all times during water activities at lakes and ponds at least one staff person present at the lake or pond must be an appropriately trained water safety attendant. When there is no lifeguard on duty, the appropriately trained water safety attendant is a person who has completed a department-approved basic water safety course that includes training in non-swimming rescue techniques. At no time do these rules require that a lifeguard be on duty at lakes and ponds during water activities. 15.4.7.5.3.4 Whether there is a lifeguard on duty or not at the lake or pond, prior to any child entering the water, the child care facility must ensure that a barrier, such as a roped-off area with buoys, is in place that limits the swimming area in the lake or pond to an area that is no wider than 16 feet across at any point and partitions off a part of the water that is no deeper than 4 feet at any point. 15.4.7.5.3.5 When there is no lifeguard on duty at the lake or pond, all children 8 years of age and younger must wear a Coast Guard approved flotation device, properly fitted for age and weight, in the water at all times except during swim instruction programs. When there is a lifeguard on duty at the lake or pond, the requirements of Sections 15.4.1. and 15.4.11 apply. 15.4.7.5.3.6 When there is no lifeguard on duty at the lake or pond, all children over 8 years of age must wear a Coast Guard approved flotation device, properly fitted for age and weight, in the water at all times unless the child has taken swimming lessons and can demonstrate the ability to swim. During swim instruction programs the child does not need to wear a flotation device. When there is a lifeguard on duty at the lake or pond, the requirements of Sections 15.4.1. and 15.4.11 apply. 15.4.8 Constant supervision. Staff must directly supervise children at all times. Children must be within sight and sound of staff. 15.4.9 Staff-to-child ratios. The staff-to-child ratio must be maintained at all times. 15.4.9.1 If the pool is more than four (4) feet deep at any point, only adults who can swim may be counted in the staff-to-child ratios. 15.4.9.2 For swimming pools, water safety attendants, including lifeguards, and swimming instructors do not count toward staff-to-child ratios. Water safety attendants, including lifeguards, must be stationed outside and next to the swimming pool. 15.4.9.3 Exception. If three (3) or fewer children are in the swimming pool and the water safety attendant is stationed outside and next to the swimming pool, the water safety attendant may count toward the staff-to-child ratio. 15.4.9.4 Wading pools. For wading pools, water safety attendants may count toward staff-to-child ratios. 15.4.10 Identification of non-swimmers. All non-swimmers must be clearly identified as non-swimmers in a way that is visually and easily recognized by water safety attendants, including lifeguards, and staff. Commonly used identifiers are specified bathing suits or caps, wristbands or colored zinc-oxide sun block. Personal flotation devices of any kind shall not be used as identifiers. 15.4.11 Approved flotation devices. All non-swimmers, when in water over their waists, must be protected by a Coast Guard approved flotation device properly fitted for age and weight, except during swim instruction programs. 15.4.12 Swim instruction program design. Swim instruction programs must be designed by a water safety instructor currently certified by the American Red Cross or other department-approved water safety instructor program to ensure that the program is age appropriate and safe, including the use of appropriate flotation devices, if any. Other swimming or wading activities are not required to be planned by a certified swim instructor. 15.4.13 Training for on-site directors. On-site directors must take a department-approved course in basic water safety that includes training in non-swimming rescue techniques. |