102416.3(a)(3) · Alterations to Existing Buildings or Grounds. (a) Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the proposed changed, including, but not limited to, the following (3) Installation of in-ground or above-ground swimming pools, spas, fish ponds, decorative water feature, fountains or other bodies of water.

Deficient Practice Statement Based on observation, on April 2, 2026, the licensee did not comply with Title 22, Section 102416.3(a)(3). The licensee relocated the facility’s above-ground koi fish pond from a fully enclosed and fenced area of the backyard, previously designated as off-limits, to a different area of the yard that remains off-limits but is no longer enclosed, without notifying the Department. The pond is approximately 2 feet by 20 feet and is covered with a wooden frame secured with chicken wire fencing. The LPA informed the licensee that the chicken wire fencing is not sufficient. This poses a potential health and safety risk to children in care. POC Due Date: 04/09/2026

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

102417(g)(5)(A) · Operation of a Family Child Care Home. 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.