*Red font in the legislation and regulation indicates changes from previous reporting

VIRGINIA – new supervision requirements for child care programs

 

Regulation ID: VA37226

 

Issue: State Board of Social Services proposed rules for Child Care Program

 

Affects: Those who provide lifeguards, operation or service for these types of facilities.

 

Send comments to: Jennifer Hatfield, jhatfield@apsp.org

 

Rule Summary: The Board proposed amendments to rules related to child care programs, including amendments concerning pools and spas.  Specifically, these two new sections addressing supervision:

22VAC40-665-290. Supervision near water.

A. Access to the water in aboveground swimming pools shall be prevented by locking and securing the ladder in place or storing the ladder in a place inaccessible to children.

B. A nonclimbable barrier at least four feet high such as, but not limited to, a fence or impenetrable hedge shall surround outdoor play areas located within 30 feet of drowning hazards such as, but not limited to, inground swimming or wading pools, ponds, or fountains not enclosed by safety fences. 

C. Portable wading pools without integral filter systems shall:

1. Be emptied after use by each group of children, rinsed, and filled with clean water, or more frequently as necessary; and

2. When not in use during the vendor's hours of operation, be emptied, sanitized, and stored in a position to keep them clean and dry.

D. Portable wading pools shall not be used by children who are not toilet trained. 

E. Hot tubs, spas, and whirlpools shall:

1. Not be used by children in care, and

2. Covered with safety covers while children are in care.

F. The level of supervision by caregivers required and the point system as outlined in 22VAC40-665-280 shall be maintained while the children are participating in swimming or wading activities.

G. Caregivers shall have a system for accounting for all children in the water. 

H. Outdoor swimming activities shall occur only during daylight hours.

I. When one or more children are in water that is more than two feet deep in a pool, lake, or other swimming area on or off the premises of the family day home:

1. A minimum of least two caregivers shall be present and able to supervise the children; and

2. An individual currently certified in basic water rescue, community water safety, water safety instruction, or lifeguarding shall be on duty supervising the children participating in swimming or wading activities at all times.

 

22VAC40-665-660. Supervision near water.

A. Indoor swimming pools on the center premises shall be kept locked when the pool is not in use. Outdoor swimming pools located on the center premises shall be enclosed by safety fences and gates that are in compliance with the applicable edition of the Virginia Uniform Statewide Building Code (13VAC5-63) and shall be kept locked when the pool is not in use.

B. The staff-to-children ratios required by 22VAC40-665-650 shall be maintained while children are participating in swimming or wading activities. 

1. Notwithstanding the staff-to-children ratios already indicated, at no time shall there be fewer than two staff members supervising the activity. 

2. The designated certified lifeguard shall not be counted in the staff-to-children ratios.

C. If a pool, lake, or other swimming area has a water depth of more than two feet, a certified lifeguard holding a current certificate shall be on duty supervising the children participating in swimming or wading activities at all times when one or more children are in the water. 

D. The vendor shall have emergency procedures and written safety rules for swimming or wading or follow the posted rules of public pools that are: 

1. Posted in the swimming area when the pool is located on the premises of the center; and 

2. Explained to children participating in swimming or wading activities. 

E. Staff shall have a system for accounting for all children in the water.

Status: Public hearing will be held March 15. Comments are due April 6.

 

Notice of Proposed Rules:

http://register.dls.virginia.gov/details.aspx?id=6812