§ 390-D — Requiring barriers to be placed around swimming pools and bodies of water on the grounds of family day care homes or group family day car...

§ 390-d. Requiring barriers to be placed around swimming pools and\nbodies of water on the grounds of family day care homes or group family\nday care homes. 1. For the purposes of this section the following terms\nshall have the meanings set forth below:\n (a) "Grounds of a family day care home or group family day care home"\nshall mean in, on or within any building, structure or land contained\nwithin the real property boundary line of a family day care home or a\ngroup family day care home.\n (b) "Swimming pool" shall mean any outdoor pool or tub intended for\nswimming, bathing or wading purposes.\n (c) "Bodies of water" shall include, but not limited to, ponds,\nsprings, streams, creeks, lakes, rivers and oceans.\n (d) "Barriers" shall mean all fences, enclosures or other materials\nsufficient to form an obstruction to the free passage of persons through\nsuch materials.\n 2. (a) Any swimming pool or body of water located on the grounds of a\nfamily day care home or group family day care home shall be surrounded\nby a barrier sufficient to form an obstruction to the free passage of\nchildren through such barrier into such swimming pool or body of water.\nSuch barrier shall be adequate to make such swimming pool or body of\nwater inaccessible to children which, including gates thereto, shall be\nat least four feet high from the adjacent ground. All such gates shall\ninclude a locked barrier which shall be located at least four feet high\nabove the adjacent ground or otherwise made inaccessible to children\nfrom the outside.\n (b) Where a body of water is present and not wholly contained within\nthe grounds of family day care home or group family day care home, the\ngrounds of such home must be surrounded and enclosed by a barrier\nsufficient to make such body of water inaccessible to children.\n (c) All pathways, walkways, decks or any other connecting entrance to\nsuch swimming pool or body of water shall be obstructed by a barrier\nsufficient to impede the free passage of children into or around the\narea immediately adjacent to such swimming pool or body of water.\n (d) Swimming pools or bodies of water that are entirely covered by a\nsolid object which is secured by sufficient weight, locking apparatus,\nand/or other device that would prevent a child in care from removing the\nsolid object and accessing the swimming pool or body of water, shall be\nconsidered a sufficient barrier for the purposes of this section.\n (e) As an alternative to surrounding the pool or other body of water\nlocated on the grounds of a family day care home or group family day\ncare home with a barrier as described in paragraph (a) of this\nsubdivision, the day care provider may use the property for day care if\nthe provider bars access to such pool or other body of water by\nsurrounding a part of the grounds not including such pool or other body\nof water with a barrier as described in paragraph (a) of this\nsubdivision provided that:\n (i) There is no unsecured means of egress from the home by which\nchildren could gain access to the pool or other body of water. For\npurposes of this paragraph, the day care provider may secure a door or\nother means of egress that is remotely located from the pool or other\nbody of water by use of an alarm device or system that will alert the\nday care provider if the door or other means of egress is opened;\n (ii) All children in care are directly and closely supervised by the\nprovider or an assistant at all times the children are outside the home\nor other dwelling where the day care is provided; and\n (iii) The parents or guardians of each child in care have submitted to\nthe provider a written acknowledgment that the pool or other body of\nwater exists, that a barrier as otherwise required by this section has\nnot been provided, and that the children will have the potential for\naccess to the pool or other body of water.\n (f) Where a natural barrier or other obstacle located on the property\nlies between the pool or body of water and the building in which the\nfamily or group family day care is provided such that the natural\nbarrier or other obstacle prevents access by children in care to the\npool or body of water, a fence or additional barrier as otherwise\nrequired by this section shall not be required and the day care provider\nmay use the property for day care provided that:\n (i) There is no unsecured means of egress from the home by which\nchildren could gain access to the pool or other body of water. For\npurposes of this paragraph, the day care provider may secure a door or\nother means of egress that is remotely located from the pool or other\nbody of water by use of an alarm device or system that will alert the\nday care provider if the door or other means of egress is opened;\n (ii) All children in care are directly and closely supervised by the\nprovider or an assistant at all times the children are outside the home\nor other dwelling where the day care is provided; and\n (iii) The parents or guardians of each child in care have submitted to\nthe provider a written acknowledgment that the pool or other body of\nwater exists, that a barrier as otherwise required by this section has\nnot been provided, and that the children will have the potential for\naccess to the body of water.\n In determining what constitutes a natural barrier or other obstacle\nfor purposes of this paragraph, the presence of natural and artificial\nterrain features or constructs may be considered along with the distance\nbetween the building in which the family or group family day care is\nprovided and the pool or body of water.\n 3. Where a swimming pool or body of water is located on a property\nadjacent to a family or group family day home, the child day care\nprovider must take suitable precautions to prevent the children in care\nfrom having access to the adjacent swimming pool or body of water,\nincluding taking any precautions specifically required by the office of\nchildren and family services to protect the safety of children receiving\nday care.\n 4. Nothing in this section shall preclude local authorities with\nenforcement jurisdiction of the applicable sanitation, health, fire\nsafety or building construction code from making appropriate inspections\nto assure compliance with such standards.\n