(1) Children may not be allowed to use a swimming pool, spa, or other water feature unless it and the surrounding area are constructed and operated in accordance with ARM Title 37, chapter 115, subchapters 1 through 22.

(2) Portable wading pools, as defined in ARM Title 37, chapter 115, subchapters 1 through 22, are permitted in day care facilities.

(a) When children are utilizing a portable wading pool, an approved care-giver shall always be present and actively supervising.

(b) If the portable wading pool is filled with water and will sit unused for any period of time prior to use by day care children, the care-giver shall equip the wading pool with a barrier to prevent a young child's unsupervised access.

(i) A barrier refers to a fence, a wall, or gate or screen that locks.

(c) Portable wading pools must be emptied after the day's use and sanitized.

(3) Children shall not be permitted in hot tubs, spas, or saunas.

(a) Hot tubs must have bolted and securely locked covers.

(b) Spas and saunas must be inaccessible to children.

(4) Bathtubs, buckets, and other water receptacles shall be emptied immediately after use.

(5) Ponds shall be fenced to prevent access to children.

(6) All in ground and above ground swimming pools located in the outdoor play space area or accessible to children must be fenced with a locked gate. The fence shall be at least five feet high and come within 3 1/2 inches of the ground. The fence shall be constructed to discourage climbing. Exit and entrance points shall have self-closing, positive latching gates with locking devices a minimum of 55 inches from the ground. The child care building wall shall not constitute one side of the fence unless there are no openings in the wall. When children are swimming, supervision must include at all times at least one person currently certified in red cross advanced life saving or an equivalent certificate by a recognized organization. This person shall not be counted in the staff-child ratio. One person with a life guard training certificate is required for each group of 25 or fewer children.

(a) Each swimming pool more than six feet in width, length or diameter shall be provided with a ring buoy and rope and either a throw line or a shepherd's hook. Such equipment shall be of sufficient length to reach the center of the pool from the edge of the pool and shall be safely and conveniently stored for immediate access.

(b) All pool pumping equipment shall be screened to prevent access and injury.

(7) Swimming pool safety rules shall be posted near the swimming pool.

(8) The staff-child ratio shall be maintained whenever children participate in swimming activities, including swimming instruction.