Kan. Admin. Regs. § 28-4-594 - Swimming, wading, and water activities

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

(a) General.
(1) Each operator shall have written permission on file as specified in K.A.R. 28-4-582 for each child or youth participating in water activities.
(2) Each operator shall ensure that an individual who can swim and who has a current certificate in first aid and a current certificate in CPR appropriate to the age of the children and youth attending the program is in attendance if children or youth are participating in water activities.
(3) Each activity shall be conducted with strict regard for the life and safety of each child and youth.
(4) Each staff member responsible for the supervision of children or youth who are participating in swimming, wading or water activities shall review the safety rules with each child or youth before the child or youth participates in the activity.
(5) Each operator shall ensure that no child or youth is permitted to dive from a diving board unless the requirements governing high-risk sports and recreational activities as specified in K.A.R. 28-4-588 are met.
(b) Swimming pools on the premises.
(1) Safety and maintenance. Each operator shall ensure that the following requirements for safety and maintenance are met:
(A) The water in each swimming pool shall be maintained between pH 7.2 and pH 7.6. The available free chlorine content shall be between 1.0 and 3.0 parts per million.
(B) Each swimming pool shall be cleaned daily, and the chlorine level and pH level shall be tested daily during the swimming season. The results of these tests shall be recorded and kept on file at the premises.
(C) Each swimming pool more than six feet in width, length, or diameter shall be provided with a ring buoy and rope or with a shepherd's hook. This equipment shall be long enough to reach the center of the pool from the edge of the pool.
(D) A sensor or a remote monitor shall not be used in lieu of a fence around each swimming pool.
(E) During the months a swimming pool is not in use, the pool shall be covered with a safety cover.
(F) If a swimming pool on the premises is to be used by children or youth enrolled in the program, the operator shall ensure that legible safety rules for the use of the pool are posted in a conspicuous location.
(2) In-ground swimming pools. Each operator shall ensure that the following requirements are met:
(A) Each in-ground swimming pool located outdoors shall be enclosed by a five-foot fence on all four sides to prevent chance access by children and youth. The fence shall have a gate that has a self-closing latch with a locking device.
(B) If an in-ground swimming pool is within a building, the building shall be designed to prevent unsupervised access to the pool by each child and youth.
(C) Each in-ground swimming pool shall be surrounded by a nonskid surface that is at least four feet wide, is in good repair, and is free of tears, breaks, and splinters.
(3) Aboveground swimming pools. Each operator shall ensure that the following requirements are met:
(A) Each aboveground swimming pool shall have sides at least five feet high or shall be enclosed by a five-foot fence. Side extenders may be installed to increase the height of the sides of the swimming pool.
(B) Ladders shall be removed when the aboveground pool is not in use.
(4) Swimming pools operated by governmental entity. Each swimming pool operated by a governmental entity for public use shall be governed by the entity's policies and regulations on pool safety and maintenance and shall meet the regulations applicable to swimming pools included in this regulation, with the exception of paragraphs (b)(1)(A) and (B).
(c) Wading pools. The water in each wading pool shall be emptied immediately after use.
(d) Spas and hot tubs. Each spa or hot tub shall be covered with an insulated cover, which shall be secured by locks when the spa or hot tub is not in use.
(e) Ponds, rivers, and lakes on or off the premises. If a pond, river, or lake is used for swimming, the operator shall ensure that the body of water is approved for swimming by one of the following:
(1) The local health department of the county in which the swimming site is located, if the swimming site is in Kansas;
(2) the secretary; or
(3) the designated authority in the state in which the swimming site is located, if the swimming site is not in Kansas.


Kan. Admin. Regs. § 28-4-594
Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.

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