Swimming Pool, Pond, Or Other Body Of Water For Use By Children

An above-ground or in-ground swimming pool, hot tub, pond, or other body of water on the premises of an organization for use by children must comply with Section 56-1003(3)(d), Idaho Code, and with applicable federal, state, county, and municipal laws, regulations, and ordinances regarding swimming pool construction, sanitation, water quality standards, water temperature, recreational bathing, and life-saving. (4-6-23) 01. Staff with Lifesaving or Lifeguard Certificate. The facility must maintain at least one (1) staff who has a valid lifesaving or lifeguard certificate issued by a nationally recognized organization. This certified staff must always be on duty when children are in the water. (4-6-23) 02. Repair and Safeguards. The facility must maintain the pools, hot tubs, ponds, and other bodies of water on its property in good repair, clean condition, and free from safety hazards and dangerous machinery and equipment. Areas and equipment that are hazardous to children must not be accessible by children. The following safeguards must be provided: (4-6-23) a. The area surrounding a body of water for use by children will be secured by a fence and locked in a manner that prevents access by children, or have a secured protective covering that will prevent access by a child. IDAHO ADMINISTRATIVE CODE IDAPA 16.04.18 Department of Health and Welfare Children’s Agencies & Residential Licensing Section 445 Page 38 (4-6-23) b. Pool or hot tub covers will be completely removed when in use; (4-6-23) c. When the pool or hot tub cover is in place, the cover will be free from standing water; (4-6-23) d. Covers will always be secured when the pool or hot tub is not in use; (4-6-23) e. A reaching pole with a hook and a ring buoy will be accessible; (4-6-23) f. Exterior ladders on above-ground pools will be removed when the pool is not in use; and (4-6-23) g. A child who does not know how to swim will use an approved, appropriately fitting, lifesaving personal flotation device. (4-6-23) 03. Safety for Children Five (5) Years and Under. (4-6-23) a. Any organization that cares for children five (5) years old and under, and chooses to prevent access to a body of water by fencing must provide the following: (4-6-23) i. The fence will be at least four (4) feet high with no vertical opening more than four (4) inches wide, be designed so that a young child cannot climb or squeeze under or through the fence, and surround all sides of the pool or pond; (4-6-23) ii. The gate will be self-closing and have a self-latching mechanism in proper working order out of the reach of young children; (4-6-23) iii. If a building forms one (1) side of the barrier for the pool, doors that provide unrestricted access to the pool will have alarms that produce an audible sound when the doors are opened; and (4-6-23) iv. Furniture or other large objects will not be left near the fence enabling a child to climb on the furniture and gain access to the pool. (4-6-23) b. Children must be under the direct supervision of an adult while using any body of water including a wading pool. (4-6-23) c. Toys that attract young children to the pool area must be kept picked up and away from the pool area when not in use. (4-6-23) 445. IRRIGATION CANALS, RIVERS, PONDS, OR SIMILAR BODIES OF WATER FOR A CHILD UNDER EIGHT YEARS. An organization caring for a child eight (8) years and under, or a child who is physically or developmentally vulnerable, whose property adjoins an irrigation canal, river, pond, or similar body of water must have fencing that prevents access to the body of water by the child. (4-6-23) 01. Staff Training. The facility must maintain at least one (1) staff who has a valid lifesaving, swift water rescue, or lifeguard certificate issued by a nationally recognized organization for the type of water adjacent to or on the property, and this person must be on duty when any children are using the water for any purpose. (4-6-23) 02. Use of Rescue Equipment. All staff must be trained on the location and use of the water rescue equipment. (4-6-23) 03. Safety Equipment. Appropriate water rescue equipment must be maintained in an accessible area. (4-6-23) 04. Fencing for Child Eight (8) Years and Under. The fence must be at least four (4) feet high with no vertical opening more than four (4) inches wide, and designed so that a young child cannot climb or squeeze under IDAHO ADMINISTRATIVE CODE IDAPA 16.04.18 Department of Health and Welfare Children’s Agencies & Residential Licensing Section 446 Page 39 or through the fence. (4-6-23) 446. IRRIGATION CANALS, RIVERS, PONDS OR SIMILAR BODIES OF WATER FOR CHILD OVER EIGHT YEARS. When deciding whether a child over eight (8) years who is not developmentally, mentally, or physically disabled should have access to ponds, rivers, or other bodies of water on or adjacent to the facility, the facility must consider or provide the following: (4-6-23) 01. Distance. The distance of the body of water from the closest facility structure. (4-6-23) 02. Depth of the Water. (4-6-23) 03. Water Flow. (4-6-23) 04. Water Safety and Hazard Instruction to Child. (4-6-23) 05. Assessment of Child’s Swimming Ability. (4-6-23) 06. Documentation of Required Level of Child Supervision. (4-6-23) 07. Signed Acknowledgment of Instruction. The child and their parent or guardian must provide a signed and dated acknowledgment of receipt of instruction and water safety and hazard information. (4-6-23)