S.D. Admin. R. 67:42:05:21
A child shall be supervised visually at all times when they are in close proximity to any body of water. A child shall never be left alone with access to a swimming pool or a body of water. A child who is placed in a licensed home which is adjacent to any body of water or that has a swimming pool shall be instructed in water safety appropriate for their age. Wading pools shall be emptied and stored when not in use. Swimming pools which are not emptied after each use shall have a fence on all sides at least four feet high or feature a hard shell power safety cover. If a chain-link fence is used, the fence must be constructed of chain link that does not exceed one and three-quarters inches. A wall of the home may be considered as one side of the fence. All access through the fence shall have one of the following safety features: alarm, key lock, self-locking doors, bolt lock or another lock that is not accessible to a child. Any exterior door leading from the house to the pool area shall have two of the safety features. When the swimming pool is not in use all entry points shall be locked. Power Safety Covers should conform to the specification in the ASTM F1346-91 standard, which specifies safety performance for pool covers to protect a young child from drowning. Hard shell covers must be kept locked at all times when the pool is not in use. If the sides of an above ground pool are four feet tall, they may be used as the barrier for that pool. Above ground pools with steps or ladders shall have them secured, locked, or removed when the pool is not in use. All pools above or in ground shall be equipped with one of the following life saving devices: ring buoy; rescue tube; flotation device with a rope; or a shepherds hook of sufficient length to cover the area.
If the home has a hot tub, the tub must be covered with a safety cover approved by the American Society for Testing and Materials (ASTM).
S.D. Admin. R. 67:42:05:21
General Authority: SDCL 26-6-16(2).
Law Implemented: SDCL 26-6-16(2).
ASTM F1346-91(2010), Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, ASTM International, West Conshohocken, PA, 2010, www.astm.org