Kan. Admin. Regs. § 28-4-129 - Swimming and wading activities

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Swimming and wading pools on the premises.
(1) If swimming pools with water over 24 inches deep, wading pools, or hot tubs are on the premises, they shall be constructed, maintained, and used in such a manner as to safeguard the lives and health of the children.
(2) The number and ages of children using either swimming or wading pools shall be limited to allow appropriate supervision by adult staff members.
(3) Required staff/child ratios shall be maintained at all times that children are involved in swimming or wading activities.
(4) Legible safety rules for the use of swimming pools shall be posted in a conspicuous location, and shall be read and reviewed weekly by each staff member responsible for the supervision of children.
(b) Swimming pools on the premises.
(1) Below-ground swimming pools shall be enclosed by a fence not less than five feet high to prevent chance access by children.
(2) Above-ground swimming pools shall be four feet high, or shall be enclosed with a fence not less than five feet high. Steps shall be removed from the pool when the pool is not in use.
(3) Sensors shall not be used in lieu of a fence.
(4) Water in the swimming pool shall be maintained between pH 7.2 and pH 8.2. Available free chlorine content shall be between 0.4 and 3.0 parts per million. The pool shall be cleaned daily, and the chlorine level and pH level shall be tested daily. The results of these tests shall be recorded and available.
(5) A person with a life saving certificate or a person with training in CPR who can swim shall be in attendance when children are using a swimming pool.
(6) Each swimming pool more than six feet in width, length, or diameter shall be provided with a ring buoy and rope or shepherd's hook. Such equipment shall be of sufficient length to reach the center of the pool from its edge.
(c) Wading pools on the premises.
(1) Children shall never be permitted to play without supervision in areas where there is a wading pool containing water.
(2) Water in wading pools shall be emptied daily.
(d) Hot tubs or spas on the premises.
(1) Each hot tub or spa shall be covered with an insulated cover secured by straps or locks.
(2) Children in day care facilities shall not be permitted to use hot tubs. Children in residential facilities shall be permitted to use hot tubs when medically indicated.
(e) Ponds and lakes may be used only for children over six years of age, and shall be approved for swimming by the county health department or Kansas department of health and environment or like departments in other states. Required staff/child ratios shall be maintained at all times, and a certified life guard shall be on duty.


Kan. Admin. Regs. § 28-4-129
Authorized by and implementing K.S.A. 65-508 and 65-522; effective May 1, 1986; amended Feb. 26, 1990.

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