NY Soc Serv L § 390-D (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 390-D - Requiring Barriers to Be Placed Around Swimming Pools and Bodies of Water on the Grounds of Family Day Care Homes or Group Family Day Care Homes.

§  390-d.  Requiring  barriers  to be placed around swimming pools and bodies of water on the grounds of family day care homes or group  family day  care homes. 1. For the purposes of this section the following terms shall have the meanings set forth below:  (a) "Grounds of a family day care home or group family day care  home" shall  mean  in,  on or within any building, structure or land contained within the real property boundary line of a family day care  home  or  a group family day care home.  (b)  "Swimming  pool"  shall mean any outdoor pool or tub intended for swimming, bathing or wading purposes.  (c) "Bodies of water"  shall  include,  but  not  limited  to,  ponds, springs, streams, creeks, lakes, rivers and oceans.  (d)  "Barriers"  shall  mean all fences, enclosures or other materials sufficient to form an obstruction to the free passage of persons through such materials.   2. (a) Any swimming pool or body of water located on the grounds of  a family  day  care home or group family day care home shall be surrounded by a barrier sufficient to form an obstruction to the  free  passage  of children  through such barrier into such swimming pool or body of water. Such barrier shall be adequate to make such swimming  pool  or  body  of water  inaccessible to children which, including gates thereto, shall be at least four feet high from the adjacent ground. All such  gates  shall include  a locked barrier which shall be located at least four feet high above the adjacent ground or otherwise  made  inaccessible  to  children from the outside.  (b)  Where  a body of water is present and not wholly contained within the grounds of family day care home or group family day care  home,  the grounds  of  such  home  must  be  surrounded  and enclosed by a barrier sufficient to make such body of water inaccessible to children.  (c) All pathways, walkways, decks or any other connecting entrance  to such  swimming  pool  or  body of water shall be obstructed by a barrier sufficient to impede the free passage of children  into  or  around  the area immediately adjacent to such swimming pool or body of water.  (d)  Swimming  pools or bodies of water that are entirely covered by a solid object which is secured by sufficient weight,  locking  apparatus, and/or other device that would prevent a child in care from removing the solid  object and accessing the swimming pool or body of water, shall be considered a sufficient barrier for the purposes of this section.  (e) As an alternative to surrounding the pool or other body  of  water located  on  the  grounds  of a family day care home or group family day care home  with  a  barrier  as  described  in  paragraph  (a)  of  this subdivision,  the day care provider may use the property for day care if the provider bars access  to  such  pool  or  other  body  of  water  by surrounding  a part of the grounds not including such pool or other body of  water  with  a  barrier  as  described  in  paragraph  (a)  of  this subdivision provided that:  (i)  There  is  no  unsecured  means  of egress from the home by which children could gain access to the pool  or  other  body  of  water.  For purposes  of  this paragraph, the day care provider may secure a door or other means of egress that is remotely located from the  pool  or  other body  of  water  by use of an alarm device or system that will alert the day care provider if the door or other means of egress is opened;  (ii) All children in care are directly and closely supervised  by  the provider  or an assistant at all times the children are outside the home or other dwelling where the day care is provided; and  (iii) The parents or guardians of each child in care have submitted to the provider a written acknowledgment that the pool  or  other  body  of water  exists,  that a barrier as otherwise required by this section has  not been provided, and that the children will  have  the  potential  for access to the pool or other body of water.  (f)  Where a natural barrier or other obstacle located on the property lies between the pool or body of water and the  building  in  which  the family  or  group  family  day  care  is  provided such that the natural barrier or other obstacle prevents access by children  in  care  to  the pool  or  body  of  water,  a  fence  or additional barrier as otherwise required by this section shall not be required and the day care provider may use the property for day care provided that:  (i) There is no unsecured means of  egress  from  the  home  by  which children  could  gain  access  to  the  pool or other body of water. For purposes of this paragraph, the day care provider may secure a  door  or other  means  of  egress that is remotely located from the pool or other body of water by use of an alarm device or system that  will  alert  the day care provider if the door or other means of egress is opened;  (ii)  All  children in care are directly and closely supervised by the provider or an assistant at all times the children are outside the  home or other dwelling where the day care is provided; and  (iii) The parents or guardians of each child in care have submitted to the  provider  a  written  acknowledgment that the pool or other body of water exists, that a barrier as otherwise required by this  section  has not  been  provided,  and  that the children will have the potential for access to the body of water.   In determining what constitutes a natural barrier  or  other  obstacle for  purposes  of this paragraph, the presence of natural and artificial terrain features or constructs may be considered along with the distance between the building in which the family or group  family  day  care  is provided and the pool or body of water.   3.  Where  a  swimming  pool or body of water is located on a property adjacent to a family or group  family  day  home,  the  child  day  care provider  must take suitable precautions to prevent the children in care from having access to the adjacent  swimming  pool  or  body  of  water, including  taking any precautions specifically required by the office of children and family services to protect the safety of children receiving day care.   4. Nothing in this  section  shall  preclude  local  authorities  with enforcement  jurisdiction  of  the  applicable  sanitation, health, fire safety or building construction code from making appropriate inspections to assure compliance with such standards.