Proposed Swimming Pool Rules for Family Child Care Providers

(Microsoft Word*)  (Adobe PDF*)

Notice of Agency Rule-Making Proposal
Please note, this 2nd public hearing is being held in the evening.

AGENCY : Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs

RULE TITLE OR SUBJECT : 10-148 CMR Chapter 33, Rules for Family Child Care Providers

PROPOSED RULE NUMBER: (LEAVE BLANK – ASSIGNED BY SECRETARY OF STATE)

CONCISE SUMMARY (UNDERSTANDABLE BY AVERAGE CITIZEN): The rule will provide regulatory protection for children who participate in water activities provided by family child care providers licensed by Maine . The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for family child care provider licensees who provide swimming/wading activities for children.

Accordingly, this rule includes:

  • definitions of a swimming pool, wading pool and water safety attendant;
  • staff training requirements;
  • mandatory written parental permission for children to participate in swimming/wading activities;
  • posted pool safety rules; and
  • documented identification of children who are non-swimmers.

In addition, the rule includes the following requirements:

  • The family child care provider must have a water safety attendant present during swimming/wading activities;
  • The water safety attendant does not count toward compliance with the staff-to-child ratios;
  • On-premises pools must be registered by the family child care provider with the DHHS Maine Center for Disease Control and Prevention; and
  • Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health Rules Relating to Public Swimming Pools and Spas.

The proposed swimming pool rule and the entire Rules for Family Child Care Providers are available on the Division of Licensing and Regulatory Services’ website. Call 207 287-9254 to have a paper copy of the rule mailed to you.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.

STATUTORY AUTHORITY: 22 MRSA §§ 8301-A, 8302-A and 8402-A

PUBLIC HEARING: Monday,July 9, 2007, 6 pm, Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine. Please note, this 2 nd public hearing is being held in the evening.

DEADLINE FOR COMMENTS: July 19, 2007 at the close of business.

AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director

AGENCY NAME: Division of Licensing and Regulatory Services

Community Services Programs

ADDRESS: 11 SHS, Augusta , Maine 04333

TELEPHONE: (207) 287-9254 Toll free: (800) 791-4080 Toll free: TTY: (800) 606-0215

Fax: (207) 287-9252 peter.mauro@maine.gov

Please approve bottom portion of this form and Assign appropriate MFASIS number.

 

APPROVED FOR PAYMENT ____________________________________ DATE: ___________________________

Catherine M. Cobb, Director

Division of Licensing and Regulatory Services

FUND AGENCY ORG APP JOB OBJT AMOUNT

010 10A 8018 012


*For a free viewer or to request a hard copy