Hauber, Deva

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 the case of a duck pond located in a fenced garden area. Although the garden fence was 5 feet tall, the space between joints in the wired fencing would not prevent climbing, and the gate to the area does not feature a self-locking mechanism. This poses an immediate health, safety, or personal rights risk to persons in care. POC Due Date: 11/20/2023

View state record