Resolve, Directing the Department of Health and Human Services To Adopt Rules Governing the Use of Lakes by Licensed Child Care Facilities
Maine Legislature, Session 123, LD 2033
Committee Amendment CA_A_H890 (House)

COMMITTEE AMENDMENT "A" to H.P. 1417, L.D. 2033, "Resolve, Directing 
the Department of Health and Human Services To Adopt Rules Governing the Use of 
Lakes by Licensed Child Care Facilities" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Directing the Department of Health and Human Services To Adopt 
Rules Governing the Use of Lakes by Certified Family Child Care Providers 
and Licensed Child Care Facilities' 
Amend the resolve by striking out all of section I (page I, lines 13 to 16 in L.D.) and 
inserting the following: 
'Sec. 1. 
Adoption of rules. Resolved: That the Department of Health and 
Human Services shall adopt rules governing the use of lakes and ponds by licensed child 
care facilities and certified family child care providers. The rules must allow a child care 
facility or a family child care provider to use a lake or pond for water activities without a 
lifeguard on duty as long as the family child care provider or child care facility has 
written permission from the parent or guardian of every child who participates in water 
activities and a written water safety plan and meets all of the other water safety rules for 
swimming pools. The water safety plan must ensure that: 
I. The staff-to-child ratios for swimming pools are maintained and that no fewer than 
people who are at least 18 years of age are present at all times; 
2. At least one person present is trained as a water safety attendant as defined in the 
rules for swimming pools; 
3. A barrier is provided, such as a roped-off area with buoys, that is no wider than 16 
feet across at any point and partitions off a part of the water that is no deeper than 4 feet 
at any point and is in place prior to the children's entering the water; 
4. Children 8 years of age and under wear a life jacket in the water; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A., to H.P. 1417, L.D. 2033 
5. Children over 8 years of age have had swimming lessons and can demonstrate the 
ability to swim, or must wear a life jacket. 
Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A and must be adopted and in 
effect no later than June 1,2008.' 
SUMMARY 
This amendment changes the resolve by specifying that the rules must allow a child 
care facility or family child care provider to use a lake or pond for water activities 
without a lifeguard on duty as long as the provider or facility has written permission from 
the parent or guardian of every participating child and a written water safety plan and 
meets all of the other water safety rules for swimming pools. The amendment provides 
specific requirements for the water safety plan and requires that the rules be in effect no 
later than June 1,2008. 
FISCAL '\OTE REQUIRED 
(Se~.~ttached) 
. 
~.··'·4_ 
COMMITTEE AMENDMENT 
Approved: 03/25/08 frac 
LD 2033 
LR 3008(02) 
Resolve, Directing the Department of Health and Human Services To Adopt Rules Governing the Use 
of Lakes by Licensed Child Care Facilities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,,(1 " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services can be absorbed by the department utilizing 
existing budgeted resources. 
LR3008(02) - Fiscal Note - Page 1 of 1