102417(g)(5)(A) · Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (5) All licensees shall ensure the inaccessibility of pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds and similar bodies of water through a pool cover or by surrounding the pool with a fence. (A)Fences shall be at least five feet high and shall be constructed so that the fence does not obscure the pool from view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate. Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool and locked while the pool is not in use.

Deficient Practice Statement Based on observation, the licensee did not comply with the section cited above in that, LPA observed that pool gate did not self close or self latch when opened. LPA observed that Licensee had a black key lock on gate and that key was indoors when asked to open pool gate. Licensee was not able to provide LPA with a copy of their pool waiver, which poses an immediate health, safety or personal rights risk to persons in care. POC Due Date: 01/04/2023