2023 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.