h) Water Safety

1. 1) All in-ground swimming pools:

2. A) shall have a power safety cover that:

   1. i) meets the ASTM standards that the Consumer Product Safety Commission has adopted (ATSM F 1346-91 standard); and
   2. ii) covers the swimming pool at all times the pool is not in use; or
3. B) shall be fenced.

4. i) the fence shall encompass the entire pool; and

   1. ii) the fence shall be at least 5 feet in height and secured by a locked gate at all times when not attended by an adult.

Swimming pools, hot tubs and spas shall meet all State, tribal and local safety requirements.

2) All above-ground pools shall:

1. A) have non-climbable sidewalls that are at least 4 feet high; or

   1. B) have a safety fence mounted on the top of the pool structure to extend the sidewalls to meet the 5-foot barrier height; or

   2. C) be enclosed with a 5-foot fence that encompasses the entire pool.

      1. i) the fence shall be at least 36 inches away from the pool's side wall; and
      2. ii) the fence shall be secured with a locked gate at all times when not attended by an adult.
   3. 3) If an above-ground pool does not have a separate fence encompassing the entire pool, when the pool is not in use, the pool's steps or ladder shall be removed or locked, to ensure the pool cannot be accessed.

   4. 4) All fences shall be at least five feet in height, measured from the side of the barrier which faces away from the swimming pool.

      1. A) Any vertical barriers (e.g., vertical poles or board panels) for the fence shall have no openings more than 3½ inches wide between each vertical barrier to avoid entrapment.
      2. B) Any horizontal barriers shall be placed on the swimming pool side of the fence and no more than four inches apart.
      3. C) A fence shall not have any decorative cut-outs, indentations or protrusions that are more than 1¾ inches in diameter and could be used as holes to climb the fence.
      4. D) The fence shall have no more than four inches vertical clearance between the ground and the bottom of the barrier (measured on the exterior side of the barrier). In the case of a non-solid surface such as grass or pebbles, the distance should be reduced to two inches.

   5. 5) All fences enclosing pools shall have gates that open out and away from the pool, have a locking device, and be designed to self-close and self-latch.

      1. A) When the release mechanism for the self-latching device on the gate is located less than 54 inches from the bottom of the gate, the release mechanism for the gate shall be located at least three inches below the top of the gate on the interior side of the gate, facing the pool.
      2. B) A gate shall not have an opening greater than ½ inch within 18 inches of the latch release mechanism.

   6. 6) When a house wall serves as part of the fencing structure, and a door from the home exits to the swimming pool area, there shall be a barrier that prevents direct access between the door and a swimming pool. Examples include, but are not limited to:

      1. A) In-ground swimming pools must have a barrier between the house door and the swimming pool.

      2. B) Above-ground pools that are sunken into the ground, or have a deck that leads directly to the pool access must have an additional barrier between the house door and the swimming pool.

         1. i) Above-ground pools that are at least four feet in height, with non-climbable sidewalls that are free­ standing with no deck or other structural access do not need an additional barrier between a house door and swimming pool.
         2. ii) Inflatable swimming pools that meet the four feet height requirement are considered collapsable and would require an additional barrier between a house door and the swimming pool.
      3. C) Swimming pools must have their method of access through the barrier equipped with a lock when the pool is not in use.

   7. 7) When a house wall serves as part of the fencing structure any door that provides access to a swimming pool shall be locked at least 54 inches above the threshold of the door and may be equipped with an audible alarm as an extra measure of safety.

      1. A) If used, the alarm must sound for 30 seconds or more within seven seconds after the door is opened.
      2. B) The alarm shall be loud and distinct from other sounds in the house and able to be heard by all household members, regardless of their location on the premises of the host home.
      3. C) The alarm shall have a deactivate feature that is at least 54 inches above the threshold of the door covered by the alarm. The alarm shall have an automatic reset feature.
      4. D) All alarms shall meet the requirements of UL2017, General Purpose Signaling Devices and Systems, Section 77. Federal Guidelines from the U.S. Consumer Product Safety Commission: Safety Barrier Guidelines for Residential Pools available at https://www.poolsafely.gov/wp-content/uploads/2017/08/Safety-Barrier-Guidelines-Pub-2017.pdf (August 2017)
   8. 8) All swimming pools shall be equipped with devices that are manufactured and labeled as life saving devices and approved by the U.S. Coast Guard for sale as life saving devices.
   9. 9) All swimming pools shall have a working pump and filtering system when the pool cannot be emptied after each use.
   10. 10) Any portable wading pool not enclosed with a 5-foot fence shall be emptied daily.

2. 11) All hot tubs shall:

   1. A) be enclosed by a 5-foot fence with a locked gate; or

   2. B) shall have a power safety cover that:

      1. i) meets the ASTM standards that the Consumer Product Safety Commission has adopted (ATSM F 1364-91 standard); and
      2. ii) covers the hot tub at all times the hot tube is not in use.
   3. 12) Licensees in host homes with pools, hot tubs, ponds, outdoor fountains, decorative water ponds, fishponds, or any other standing body of water shall have current CPR and First Aid certification through an instructor certified by the American Red Cross, American Heart Association, EMS Safety Services, Inc., American Trauma Event Management (ATEM), or other Department approved facilitator.
   4. 13) A host home child of any age shall not use a swimming pool, portable pool, spa, hot tub or other pools of water located on the premises of the host home without line of sight supervision by a host home parent or other adult authorized by the host home parent.
   5. A) The adult must be able to see all parts of the pool, and
   6. B) The bottom of the pool must be visible at all times.

3. i) No person shall smoke tobacco or any product containing nicotine or mood altering substances including e-cigarettes and other electronic nicotine delivery systems in a host home, in any vehicle used to transport host home children, in the presence of host home children, or within 15 feet of entrances, exits, windows that open, and ventilation intakes that serve the host home. (See 410 ILCS 82/70)

   1. 1) Smoking and vaping materials of any kind, and the use of any substances by smoking or vaping, are prohibited.
   2. 2) This subsection (i) does not prohibit smoking in a licensed host home in non-active status that does not have host home children in placement.

4. j) Applicants and licensees shall not use any illegal substance, abuse prescription or non-prescription drugs, or abuse alcohol. Licensees shall not drink alcohol in excess while caring for host home children.

   1. 1) The possession or use of marijuana or cannabis (in any form including, but not limited to, cannabis-infused products) is prohibited:

      1. A) On the premises of host homes;
      2. B) In any vehicle operated for the purpose of transporting children served by the host home;
      3. C) In any vehicle parked on the premises of the host home;
      4. D) Where a host home child can observe or smell marijuana;
      5. E) In close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under 410 ILCS 130/30; and
   2. 2) Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct. (See 410 ILCS 130/30 and 410 ILCS 705/10-35)
   3. 3) Alcoholic beverages and toxic/hazardous materials shall be stored where host home children cannot access them.
5. k) Portable space heaters may be used as a supplementary source of heat if they have been safety-certified by a U.S. Occupational Safety and Health Administration (OSHA) Nationally Recognized Testing Laboratory (NRTL) and are used in accordance with local and State building and fire codes. Portable space heaters may not be used in rooms where host home children are sleeping. Portable and fixed space heaters in areas occupied by host home children shall be separated by fire resistant partitions or barriers to prevent contact with the heater.
6. l) Toxic household supplies, batteries, dangerous tools, and pool chemicals shall be kept in a safe place inaccessible to children under 12 years of age. These items shall remain inaccessible to children during disposal.
7. m) When not being dispensed or immediately accessible due to medical necessity, prescription and nonprescription drugs shall be kept in places that are not readily accessible to children. Expired or unused medications, syringes, medical waste, or medication shall remain inaccessible to children during disposal.
8. n) All firearms and ammunition shall be stored and locked up separately at all times and kept in places inaccessible to children. No firearms possessed in violation of a state or federal law, or a local government ordinance shall be present in the home at any time. Loaded guns shall not be kept in a host home unless required by law enforcement officers and in accordance with their law enforcement agency's safety procedures.
9. o) Host home parents shall adequately supervise children in their care to assure compliance with laws, including, but not limited to, criminal laws.
10. p) The host home parents shall comply with all federal, State, county, tribal and local laws and municipal codes regarding household pets. Certificates of inoculation for rabies for cats and dogs shall be available for inspection.
11. q) The host home shall be free from rodent and insect infestation.
12. r) The host home parent shall maintain a first aid kit and supplies, including, but not limited to, adhesive bandages, scissors, thermometer, non-latex gloves, sterile gauze pads, adhesive tape, tweezers, and mild soap.
13. s) The host home shall have at least one working telephone (land line or cell) on the premises accessible to children and adults in the home. Licensees shall ensure that any child in the home at any time without an adult present shall have access to a telephone and an agreed upon safety plan in the event of an emergency.
14. t) The host home parent shall maintain a comprehensive list of emergency telephone numbers, including poison control (1-800-222-1222), and shall post those numbers in a prominent place in the home.
15. u) The host home parent shall have fire and emergency evacuation plans that are to be discussed, rehearsed, and documented quarterly. The emergency evacuation plan shall be posted in a prominent location in the home.

16. v) The host home shall be equipped with a minimum of one approved smoke detector in operating condition on every floor level and within 15 feet of every room used for sleeping purposes, including basements and occupied upper-level areas, in accordance with the Smoke Detector Act [425 ILCS 60/3].

    1. 1) The smoke detector required may be either: battery powered, provided the battery is a self-contained, non-removable, long-term battery, or wired into the home's AC power line, and need not be interconnected.
    2. 2) The battery requirements shall apply to battery-powered smoke detectors that are in existence and exceed 10 years from the date of the smoke detector being manufactured; those detectors that fail to respond to operability tests; or detectors that are newly installed.
17. w) The host home shall have at least one operable fire extinguisher that is readily accessible.

18. x) Basements and Upper Level Areas

    1. 1) Basements and upper level areas may be used for sleeping for host home children who are mobile, capable of self-preservation, and able to understand and follow directions with minimal assistance in an emergency.
    2. 2) Host home children for whom basement or upper level area sleeping arrangements may be provided shall be individually evaluated and approved by the supervising agency in accordance with the requirements of subsection (x)(1).
    3. 3) To be used for sleeping, basements and upper level areas shall have two exits with one exit that provides access to the outside with means to safely reach the ground level. The second exit may be an easily accessible outside window that provides an unobstructed opening, operable from the inside without the use of tools, and large enough to accommodate an adult. The sleeping area shall be separated from the furnace and utility areas.
    4. 4) No basement or upper level area shall be used for sleeping without the approval of the supervising agency after consultation with the appropriate safety authorities.
19. y) A host home that is not exempted by Section 20 of the Carbon Monoxide Alarm Detector Act [430 ILCS 135] shall be equipped with a minimum of one approved carbon monoxide detector within 15 feet of every sleeping room, in accordance with Section 10 of that Act.
20. z) Adequate closet and dresser space comparable to that provided to the other children of the household shall be provided for each host home child to accommodate personal belongings.
21. aa) Host home parents shall respect a host home child's rights to privacy while sleeping, bathing, toileting, and dressing.
22. ab) The child's sleeping room shall be exposed to an outside window or shall have auxiliary means of ventilation.
23. ac) If children placed in a host home exhibit or have a known history of sexually aggressive behavior, sleeping arrangements for the sexually aggressive child shall comply with the requirements of a safety plan approved by the placing CCBYS agency.