- (1) A provider must have written permission from each child’s parent before engaging in any swimming activities.
(2) A provider must provide constant sight and sound supervision of children around any bodies of water.
(3) A provider 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 414-360-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.)
(4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, a provider must limit activity to wading by children 36 months of age and older and must not allow swimming.
(5) A provider must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment.
(6) If a provider has on-site swimming or is responsible for off-site swimming, the provider’s written emergency plan (required by OAR 414-360-0210, Emergency Preparedness and Response) must also include pool and swimming safety.
(7) At all times when children are engaged in swimming and wading activities on or off the premises, a provider must:
(a) Ensure that caregivers are in or at the water and prepared to enter;
(b) Ensure that caregivers remain in direct physical contact with infants at all times and not more than an arms length from 1-year-olds;
(c) Meet the following caregiver-to-child ratios:
(A) Six weeks of age to 36 months - 1:1;
(B) Preschool-age – 1:6;
(C) School-age – 1:10.
(D) The age of the youngest child in a mixed-age group determines the caregiver-to-child ratio.
(d) Verify that all caregivers counted in the caregiver-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. The lifeguard may not count in caregiver-to-child ratios; and
(f) Review safety rules with children each time they participate.
(8) Water activities that involve a sprayer or spray feature using potable water that is not re-circulated or collected may be conducted by the provider.
Statutory/Other Authority
ORS 329A.260
Statutes/Other Implemented
ORS 329A.280
History
DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025