NAC432A.546. Facilities which provide activities in water.

     1. Portable wading pools and other containers of water may be used in a facility if:

     (a) The depth of the water in the pool or container does not exceed 6 inches; and

     (b) The pool or container is emptied, cleaned and sanitized immediately after each use.

     2. A facility which provides activities in water that has a depth greater than 6 inches, other than a swimming lesson which is taught at a public swimming pool, shall ensure that:

     (a) No child is in water with a depth that is higher than the chest of the child while the child is standing;

     (b) At least one caregiver is within arm’s reach of each child who is less than 3 years of age;

     (c) The children are not allowed to wade or swim in a moving body of water, including, without limitation, a stream, river, creek or irrigation ditch; and

     (d) At least one person who is currently certified as a lifeguard or water safety instructor by the American National Red Cross or an equivalent water safety program is supervising the children. A public lifeguard may satisfy the requirement of this paragraph.

     3. A facility which offers an activity in the water as described in subsection 2 must offer the activity as an optional activity.

     4. When children cared for in a facility are engaged in an activity in the water as described in subsection 2 and the children are:

     (a) Less than 3 years of age, the ratio of caregivers to children must be one caregiver for each child;

     (b) At least 3 years of age but less than 6 years of age, the ratio of caregivers to children must be one caregiver for every 4 children; and

     (c) Except as otherwise provided in subsection 5, at least 6 years of age or older, the ratio of caregivers to children must be one caregiver for every 6 children.

     5. When children cared for in a facility are engaged in an activity in the water as described in subsection 2 and the children are at least 6 years of age or older, if:

     (a) There are more than 6 children but less than 12 children engaged in the activity, the ratio of caregivers to children must be two caregivers for each group of that size;

     (b) There are at least 12 children but less than 20 children engaged in the activity, the ratio of caregivers to children must be three caregivers for each group of that size; and

     (c) There are 20 or more children engaged in the activity, the ratio of caregivers to children must be three caregivers plus one additional caregiver for every sixth additional child in excess of 20 children.

     (Added to NAC by Bd. for Child Care by R112-06 & R032-07, eff. 4-23-2009)