NAC424.420. Pools, ponds, hot tubs, saunas and tanning booths.

     1. The water in pools, hot tubs and saunas must be maintained in a healthy condition which is suitable for use by children. Ponds used for swimming must be maintained in the same condition as a pool.

     2. Foster homes which have pools or ponds and which are licensed to care for any toddlers must provide a fence which is at least 4 feet high on all sides of the pool or pond, and which separates the pool or pond from the general yard area. The fence must:

     (a) Have no vertical opening more than 4 inches wide.

     (b) Be of such a design that young children cannot climb it or squeeze under it.

     (c) Allow a clear view of the pool from the house.

Ê The gate must be self-closing and have a self-latching mechanism which is in proper working order and out of the reach of young children.

     3. If a foster home is licensed to care only for children other than toddlers:

     (a) The area surrounding a pool or hot tub, regardless of whether the pool or hot tub is located in or above the ground, must be fenced and locked in a manner which prevents access by children or others who are not entitled to use the pool or hot tub; or

     (b) If the area surrounding the pool or hot tub is not fenced, there must be a secured, protective covering which will not allow access by a child. Pool covers must be completely removed when the pool is in use. When the pool cover is in place, it must be free from standing water.

     4. A reaching pole with a hook, and a ring buoy, must be provided as minimum safety devices.

     5. Steps leading to an above-ground pool must be removed when the pool is not in use.

     6. Saunas, tanning booths and other attractive nuisances must be locked in a manner which prevents access by children.

     7. If a wading pool is used, it must be constructed, maintained and used in a manner which safeguards the lives and health of the children.

     8. A sauna or any free-standing body of water located on the premises of the foster home must be inaccessible to children, including, without limitation, a pool, hot tub or jacuzzi. Equipment or materials used by children must not be stored in such areas.

     9. As used in this section, “toddlers” means children who are at least 12 months of age but less than 5 years of age.

     [Welfare Div., Req. for Foster Care part § 107.1, 10-7-88, eff. 1-1-89; A 5-19-89]—(NAC A by Div. of Child & Fam. Services, 11-14-97; R044-02, 7-23-2002)