OAR 414-360-1300. Swimming and Water Activities

(1) A provider must have written permission from each child’s parent before engaging in any swimming activities. (2) A provider must provide constant sight and sound supervision of children around any bodies of water. (3) A provider must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to OAR Chapter 333, Division 60. (Also see OAR 414-360-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.) (4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, a provider must limit activity to wading by children 36 months of age and older and must not allow swimming. (5) A provider must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment. (6) If a provider has on-site swimming or is responsible for off-site swimming, the provider’s written emergency plan (required by OAR 414-360-0210, Emergency Preparedness and Response) must also include pool and swimming safety. (7) At all times when children are engaged in swimming and wading activities on or off the premises, a provider must: (a) Ensure that caregivers are in or at the water and prepared to enter; (b) Ensure that caregivers remain in direct physical contact with infants at all times and not more than an arms length from 1-year-olds; (c) Meet the following caregiver-to-child ratios: (A) Six weeks of age to 36 months - 1:1; (B) Preschool-age – 1:6; (C) School-age – 1:10. (D) The age of the youngest child in a mixed-age group determines the caregiver-to-child ratio. (d) Verify that all caregivers counted in the caregiver-to-child ratios are able to swim if the water is more than 48 inches deep; (e) Ensure that a certified lifeguard is present and on duty at all times. The lifeguard may not count in caregiver-to-child ratios; and (f) Review safety rules with children each time they participate. (8) Water activities that involve a sprayer or spray feature using potable water that is not re-circulated or collected may be conducted by the provider.