10A NCAC 09 .1730         activities involving water

(a)  The requirements in this Rule apply to "aquatic activities," which are defined as activities that take place in a body of water such as swimming, swimming instruction, wading, and visits to water parks. Aquatic activities do not include water play activities such as water table play, slip and slide activities, or playing in sprinklers.

(b)  Aquatic activities involving the following are prohibited:

(1)           hot tubs;

(2)           spas;

(3)           saunas or steam rooms;

(4)           portable wading pools; and

(5)           natural bodies of water and other unfiltered, nondisinfected containments of water.

(c)  When children enrolled in a family child care home participate in aquatic activities, there shall be at least one person who has a life guard training certificate issued by the Red Cross or other training determined by the Division to be equivalent to the Red Cross training, appropriate for both the type of body of water and type of aquatic activity. Verification of the operator's completion of this course from an approved training organization shall be maintained in their personnel file in the family child care home. The Division shall post a list of approved training organizations on its website at http://ncchildcare.ncdhhs.gov/providers/pv_sn2_ov_pd.asp.

(d)  The family child care home operator shall be responsible for adequately supervising the aquatic activity for the duration of the activity. For purposes of this Rule, "Adequate supervision" means that the operator shall be able to hear, see, and respond to the children whether in or out of the water.

(e)  Prior to children participating in aquatic activities, the operator shall develop policies that address the following:

(1)           aquatic safety hazards;

(2)           pool and aquatic activity area supervision, including restroom or changing room use;

(3)           how discipline will be handled during aquatic activities;

(4)           the operator's off premise and transportation policies; and

(5)           that children shall be directed to exit the water during an emergency.

The policies shall be reviewed with additional caregivers and substitute providers prior to caring for children participating in aquatic activities.

(f)  Family child care home operators shall obtain written permission from parents for participation in aquatic activities. The written permission shall include a statement that parents are aware of the operator's aquatic policies specified in Paragraph (f) of this Rule. The operator shall maintain copies of written parental permission in each child's file.

(g)  Any outdoor swimming pool located on the family child care home premises shall be enclosed by a fence that is at least four feet high, separated from the remaining outdoor play area by that fence, and locked and inaccessible to children when not in use.

(h)  Swimming pool safety rules shall be posted and visible to children and staff for any swimming pool located on the child care facility premises. These rules shall state:

(1)           the location of a First Aid kit;

(2)           that only water toys are permitted;

(3)           that children are not allowed to run or push one another;

(4)           that swimming is allowed only when the operator is present; and

(5)           that glass objects are not allowed.

(i)  All swimming pools used by children in care shall meet the "Rules Governing Public Swimming Pools" in accordance with 15A NCAC 18A .2500 which are incorporated by reference, including subsequent amendments. A copy of these Rules can be found at http://ehs.ncpublichealth.com/docs/rules/294306-9-2500.pdf and is available at no charge.

(j)  Educational activities, such as observing tadpoles, exploring mud, or learning about rocks and vegetation shall be permitted.

(k)  Boating, rafting, and canoeing activities are permitted. Prior to participating in recreational activities conducted on the water, children shall wear an age or size appropriate personal floatation device approved by the United States Coast Guard. This personal floatation device shall be worn for the duration of the activity.


History Note:        Authority G.S. 110-88; 110-91(1),(3),(6); 143B-168.3;

Temporary Adoption Eff. September 23, 2016;

Eff. October 1, 2017;

Amended Eff. February 1, 2021.