1. (1) A certified ONB program must have written permission from each child’s parent before engaging in any swimming or water activities.
   (2) A certified ONB program must provide supervision of children around any bodies of water.
   (3) A certified ONB program located within a quarter mile of an accessible body of water must obtain from the parent or guardian a signed water hazard acknowledgement.
   (4) For water activities that involve a water depth that is more than 24 inches deep, a certified ONB program must ensure that:
   (a) A certified lifeguard must be present and on-duty. A staff member or volunteer may be included in the staff-to-child ratio who is also the on-duty certified lifeguard; and
   (b) All children must wear approved water life jackets or approved water life vests.
   (5) For each body of water more than 6 feet in width, length, or diameter and when the depth of any portion of the body of water more than 24 inches, a certified ONB program 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 body of water from the edge of the body of water.
   (6) At least one ONB staff member in attendance must be able to swim when children are within one quarter mile of an accessible body of water, such as a park located near a lake or stream regardless of whether or not the children are actively engaging in a water activity.
   (7) If children are at or near a moving body of water, an ONB staff member who can swim or a certified lifeguard must be positioned downstream of where the children are playing or otherwise take into account how water moves and their access to the body of water.
   (8) If a certified ONB program has on-site swimming or is responsible for off-site swimming, the program’s written emergency plan (required by OAR 414-320-0210, Emergency Preparedness and Response) must also include water and swimming safety.
   (9) At all times when children are engaged in swimming and wading activities on or off the premises, a certified ONB program must:
   (a) Ensure that staff are in or at the water and prepared to enter;
   (b) Meet the following staff-to-child ratios:
   (A) Preschool-age – 1:6
   (B) School-age – 1:10
   (C) The age of the youngest child in a mixed-age group determines the staff-to-child ratio.
   (c) Verify that all adults counted in the staff-to-child ratios are able to swim if the water is more than 48 inches deep;
   (d) Ensure that a certified lifeguard is present and on duty at all times.  ONB program staff lifeguards may not count in staff-to-child ratios when more than 10 children are present; and
   (e) Review safety rules with children each time they participate.
   (10) Children in diapers or toilet training must wear swim pants to lower the risk of contaminating the water.

Statutory/Other Authority

ORS 329A.260

Statutes/Other Implemented

ORS 329A.280

History

DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025