10- 144 C.M.R. ch. 33, § 15

Current through 2024-51, December 18, 2024
Section 144-33-15 - SWIMMING AND WADING
A.Procedures regarding swimming and wading activities and safety procedures. The licensee must develop safety procedures regarding swimming and wading activities. Procedures must include all swimming or wading activities that take place on or off the premises. Direct supervision of children by providers, within sight and sound of all children in the swimming and wading activity area, is required at all times.
B.Wading pools. Wading pools must be emptied and cleaned daily when in use.
C.Swimming Pools. Licensees with swimming pools on the premises must be familiar with emergency procedures, the use of safety equipment and emergency contacts.
1. Providers using a swimming pool must complete a Department-approved basic water safety course that includes training in non-swimming water rescue techniques. A copy of the current training certificate must be in the personnel file.
2. Swimming pools must be protected by fencing or suitable barriers to prevent children from gaining access without provider approval and supervision.
a. All in-ground pools located in areas accessible to the children must be fenced. The fence must be at least four feet in height and secured with a locked gate.
b. All above-ground pools must have non-climbable sidewalls that are at least four feet high or must be enclosed with a fence. When the pool is not in use, steps must be removed from the pool or otherwise made inaccessible to prevent unsupervised access by children.
3. All non-swimmers must be protected by a Coast Guard-approved flotation device properly fitted for age and weight, except during swim instruction programs.
4. Swimming pools must be equipped with a filtration and/or treatment system.
5. The water in a swimming pool must have sufficient clarity. The bottom must be clearly visible in the deepest part of the pool.
D.Off-siteswimming. The provider must comply with the supervision requirement in this rule during swimming and wading activities away from the premises. The provider must directly supervise children at all times during swimming or wading activities. Children must be within sight and sound of the providers.
E.Use of natural bodies of water. For the use of the ocean, lakes and other natural bodies of water, the provider must comply with all applicable sections of this rule to protect children's safety, including the following measures:
1. All non-swimmers must be clearly identified as non-swimmers in a way that is visually and easily recognized. Commonly used identifiers are specified bathing suits or caps, wristbands or colored zinc-oxide sun block.
2. All non-swimmers must be protected by a Coast Guard-approved flotation device properly fitted for age and weight, except during swim instruction programs.
3. When no lifeguard is on duty, no fewer than two providers who are at least 18 years old must be present.
4. At least one provider present at the natural body of water must have completed a Department-approved basic water safety course.

10- 144 C.M.R. ch. 33, § 15