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Swimming Pools in Family Child Care Homes
June 26, 2002
RE: Swimming Pools
Dear Child Care Provider:
The Minnesota State Legislature approved a bill allowing the use
of swimming pools in family child care homes effective May 22,
2002, not August 1, 2002, as recently learned. This new
legislation makes family child care swimming pools exempt from the
requirements for public pools.
If a provider chooses to allow children cared for at the day care
home to use the swimming pool located at the home, the provider must
satisfy the requirements in section 245A.14, subdivision 10, which
reads: This subdivision governs swimming pools located at family day
care or group family day care homes licensed under Minnesota Rules,
chapter 9502. For a provider to be eligible to allow a child
cared for at the family day care or group family day care home to
use the swimming pool located at the home, the provider must not
have had a licensing sanction under section 245A.07 or a correction
order or conditional license under section 245A.06 relating to the
supervision or health and safety of children during the prior 24
months, and must satisfy the following requirements:
- Notify the county agency before initial use of the swimming
pool and annually, thereafter;
- Obtain written consent from a child’s parent or legal guardian
allowing the child to use the swimming pool, and renew the parent
or legal guardian’s written consent at least annually. The
written consent must include a statement that the parent or legal
guardian has received and read materials provided by the
department of health to the department of human services for
distribution to all family day care or group family day care homes
and the general public on the human services Internet web site
related to the risk of disease transmission as well as other
health risks associated with swimming pools. The written consent
must also include a statement that the department of health,
department of human services, and county agency will not
monitor or inspect the provider’s swimming pool to ensure
compliance with the requirements in MN Statutes 245A.14,
subdivision 10;
- Enter into a written contract with a child’s parent or legal
guardian, and renew the written contract annually. The
terms of the written contract must specify that the provider
agrees to perform all of the requirements in MN Statutes 245A.14,
subdivision 10;
(see a sample
contract)
- Attend and successfully complete a swimming pool operator
training course once every five years. Acceptable training
courses are:
- The National Swimming Pool Foundation Certified Pool
Operator course;
- The National Spa and Pool Institute Tech I and Tech II
courses (both required); or
- The National Recreation and Park Association Aquatic
Facility Operator course;
- Require a caregiver trained in first aid and adult and child
cardiopulmonary resuscitation to supervise and be present
at the swimming pool with any children in the pool;
- Toilet all potty-trained children before they enter the
swimming pool;
- Require all children who are not potty-trained to wear swim
diapers while in the swimming pool;
- If fecal material enters the swimming pool water, add three
times the normal shock treatment to the pool water to raise the
chlorine level to at least 20 parts per million, and close the
pool to swimming for the 24 hours following the entrance of the
fecal material into the water or until the water pH and
disinfectant concentration levels have returned to the standards
specified in clause (10), whichever is later;
- Prevent any person from entering the swimming pool who has an
open wound or any person who has or is suspected of having a
communicable disease;
- Maintain the swimming pool water at a pH of not less than 7.2
and not more than 8.0, maintain the disinfectant concentration
between two and five parts per million for chlorine or between 2.3
and 4.5 parts per million for bromine, and maintain a daily
record of the swimming pool’s operation with pH and
disinfectant concentration readings on days when children are
cared for at the family day care or group family day care home are
present;
- Have a disinfectant feeder or feeders;
- Have a recirculation system that will clarify and disinfect
the swimming pool volume of water in ten hours or less;
- Maintain the swimming pool’s water clarity so that an object
on the pool floor at the pool’s deepest point is easily visible;
- Have two or more suction lines in the swimming pool;
- Have in place and enforce written safety rules and swimming
pool policies;
- Have in place at all times a safety rope that divides
the shallow and deep portions of the swimming pool;
- Satisfy any existing local ordinances regarding swimming pool
installation, decks, and fencing;
- Maintain a water temperature of not more than 104 degrees
Fahrenheit and not less than 70 degrees Fahrenheit; and
- For lifesaving equipment, have a United States Coast
Guard-approved life ring attached to a rope, an exit ladder, and a
shepherd’s hook available at all times to the caregiver
supervising the swimming pool.
The requirements of clauses (5), (16), and (18) only apply at
times when children cared for at the family day care or group family
day care home are present. A violation of clauses (1) to (3) is
grounds for a sanction under section 245A.07, or a correction order
or conditional license under section 245A.06. If a provider under
this subdivision receives a licensing sanction under section 245A.07
or a correction order or a conditional license under section 245A.06
relating to the supervision or health and safety of children, the
provider is prohibited from allowing a child cared for at the family
day care or group family day care home to continue to use the
swimming pool located at the home.
You may not use your swimming pool until you meet the
requirements listed.
(see a
checklist of requirements)
Please feel free to contact 763-422-7146 if you have any
questions regarding your swimming pool.
Sincerely,
Anoka County Child Care Licensing
page last updated -
10/02/2003
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