Or. Admin. Code § 414-305-1300 - Swimming

(1) A certified child care center must have written permission from each child's parent before engaging in any swimming activities.

(2) A certified child care center must provide constant sight and sound supervision of children around any bodies of water.

(3) A certified child care center must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to OAR Chapter 333, Division 60. (Also see OAR 414-305-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.)

(a) A swimming pool must not be used if the main drain cover is missing.

(b) Each swimming pool more than 6 feet in width, length, or diameter must have immediate access to lifesaving equipment, e.g., a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that is long enough to reach the center of the pool from the edge of the pool.

(c) Swimming pools must be maintained, cleaned and sanitized according to manufacturer instructions and Department of Health or local health jurisdiction guidelines.

(4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, the center must limit activity to wading by children 36 months of age and older and must not allow swimming.

(5) A certified child care center must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment.

(6) If a certified child care center has on-site swimming or is responsible for off-site swimming, the center's written emergency plan (required by OAR 414-305-0210, Emergency Preparedness and Response) must also include pool and swimming safety.

(7) When a swimming pool is located on the center premises, emergency telephone numbers and the center's address must be posted near an immediately accessible telephone in the pool area.

(8) At all times when children are engaged in swimming and wading activities on or off the premises, a certified child care center must:

(a) Ensure that staff are in or at the water and prepared to enter;

(b) Ensure that staff remain in direct physical contact with infants at all times and not more than an arm's length from 1-year-olds;

(c) Meet the following staff-to-child ratios:

(A) 6 weeks to 36 months - 1:1;

(B) Preschool-age - 1:6;

(C) School-age - 1:10; and

(D) The age of the youngest child in a mixed-age group determines the staff-to-child ratio.

(d) Verify that all adults counted in the staff-to-child ratios are able to swim if the water is more than 48 inches deep;

(e) Ensure that a certified lifeguard is present and on duty at all times. Center staff lifeguards may not count in staff-to-child ratios when more than 10 children are present; and

(f) Review safety rules with children each time they participate.

Notes

Or. Admin. Code § 414-305-1300

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260