20 CAR § 1025-1303 – Swimming pools

(a) Swimming pools and natural pools of water may be used for water play for children age three (3) and up if the following requirements are met:
1. (1) Department of Health approval where applicable;
2. (2) Written parental permission; and
3. (3) One (1) person present at all times who has current certification in Red Cross Life Saving or Young Men’s Christian Association aquatic instruction.
(b) Adult supervision of the children shall be provided at all times, with grouping based on the following staff-to-child ratio, unless children are participating in an authorized swimming instruction program.
Kindergarten and up 1:8
Five (5) years 1:5
Four (4) yearsThree (3) years 1:31:2
(c) When children of different ages are swimming in a group, the staff-to-child ratio shall be based on the youngest child within the group.
(d) Lifeguards, swimming instructors, or any other swimming pool staff may be counted in the ratio when:
1. (1) The facility’s children are the only occupants of the pool; and
2. (2) These persons have:
  1. (A) Completed criminal and Child Maltreatment Central Registry checks; and
  2. (B) A current health card.
(e)
1. (1) Swimming pools located within the play area of the center shall be enclosed.
2. (2) The enclosure shall consist of a locked gate and a fence that is at least four feet (4') high.