Library: Policy

340:110-3-291. Water activities

Issued 1-1-16

(a) Water activities. Any activity that involves water play or is near a body of water is a water activity.

(1) Supervision. Personnel are required to supervise children constantly, including in the dressing areas, while maintaining the privacy of older children.

(2) Safety rules. Personnel review safety rules with children each time they participate.

(b) Water features. On-site water features, such as streams and fountains, are inaccessible, unless a Licensing approved written plan, addressing supervision and safety, is followed.

(c) Sprayground activities. Spraygrounds or splash pads spray water and allow children to get wet and splash; however, they do not accumulate water. Sprinklers are not considered spraygrounds.

(1) Higher risk activity. The higher risk activity requirements are met per Oklahoma Administrative Code (OAC) 340:110-3-290.

(2) Supervision. Teaching personnel supervise children constantly.

(d) Swimming and wading activities. Swimming may only occur in a swimming pool that meets the requirements per (6) of this subsection. Wading may only occur in swimming pools or narrow and shallow creeks and streams that have non-standing, non-swift flowing water. Personnel do not allow children to wade in water above their knees.

(1) Higher risk activity. The higher risk activity requirements are met per OAC 340:110-3-290.

(2) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG - Ratios and Group Sizes.

(3) Supervision. Teaching personnel are:

(A) in or at the water and prepared to enter;

(B) in direct physical contact with infants; and

(4) Lifeguard. These lifeguard requirements are met.

(A) When children use a swimming pool with a water depth of more than 18 inches, an on-duty certified lifeguard is present, in addition to the cardio-pulmonary resuscitation (CPR) and first aid certified personnel per OAC 340:110-3-284(d).

(B) When the on-duty lifeguard is also program personnel, the individual:

(i) maintains lifeguard and CPR certification per OAC 340:110-3-281.3(b);

(ii) is not counted in ratios per OAC 340:110-3-286(a); and

(iii) is responsible for 36 or fewer children.

(5) Swimming skills and safety. Personnel follow:

(A) parent provided information regarding the child's swimming skills as documented per OAC 340:110-3-281.4(b); and

(B) a system that continually checks each child's safety in the water.

(6) Swimming pools. Swimming pools include permanent wading pools, in-ground and above-ground pools, water parks excluding sprayground parks, and other similar bodies of water.

(A) Before use, personnel ensure the swimming pool has:

(i) a current Oklahoma State Department of Health (OSDH), public bathing place license; and

(ii) life-saving equipment available at the pool side.

(B) On-site indoor and outdoor swimming pools are enclosed and secured to prevent unsupervised access. Doors and gates leading to the pool are locked.

(i) Outdoor in-ground pools are fenced and fencing:

(I) is sturdy;

(II) cannot be easily climbed;

(III) is at least four feet high and starts at ground-level; and

(IV) may include a building wall, provided doors are kept locked and any windows are unable to be opened by children.

(ii) Outdoor above-ground pools have:

(I) a fence that meets the in-ground pool fencing requirements;

(II) at least four feet of non-climbable pool sidewalls; or

(III) a combination of pool sidewalls and fencing, with the fence attaching to and extending above the pool sidewalls, for a total height of at least four feet.

(iii) Outdoor above-ground pools with steps leading to the pool have the steps removed or otherwise protected to prevent unsupervised access.

(e) Shoreline activities – 5-year-olds and older. Children may participate in shoreline activities, such as fishing at lakes, ponds, creeks, or streams provided these requirements are met.

(1) Higher risk activity. The higher risk activity requirements are met per OAC 340:110-3-290.

(2) Limitations. During shoreline activities, children do not enter the water unless the wading requirements per (d)(1) through (4) and (5)(B) of this Section are met.

(3) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG – Ratios and Group Sizes.

(f) Boating activities – 5-year-olds and older. Children may participate in boating activities provided these requirements are met.

(1) Higher risk activity. The higher risk activity requirements are met per OAC 340:110-3-290.

(2) Limitations. During boating activities, children do not swim or wade.

(3) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG – Ratios and Group Sizes.

(4) Life jackets. Appropriately sized and approved life jackets are worn by children and personnel.

(g) Restrictions. The water restrictions listed in (1) through (4) of this subsection apply.

(1) Ponds and lakes. Ponds, lakes, and other similar bodies of water are inaccessible, unless the shoreline activity requirements are met. Swimming and wading in these bodies of water is prohibited. However, children may wade in creeks and streams per (d) of this Section.

(2) Saunas, spas, hot tubs, and stock tanks. Saunas, spas, hot tubs, and stock tanks are inaccessible and use is prohibited.

(3) Diving. Diving is prohibited unless the swimming pool meets OSDH diving regulations.

(4) Portable wading pools. Portable wading pools with water are prohibited.