written consent shall include a statement that the parent or legal guardian has received and read material provided by the Department of Health to the Department of Human Services for distribution to all family day care or group family day care homes and the general public on the human services Internet Web site related to the risk of disease transmission as well as other health risks associated with the use of portable wading pools. Subd. 11. Swimming pools; family day care and group family day care providers. (a) This subdivision governs swimming pools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply to portable wading pools or whirlpools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. For a provider to be eligible to allow a child cared for at the family day care or group family day care home to use the swimming pool located at the home, the provider must not have had a licensing sanction under section 245A.07 or a correction order or conditional license under section 245A.06 relating to the supervision or health and safety of children during the prior 24 months, and must satisfy the following requirements: (1) notify the county agency before initial use of the swimming pool and annually, thereafter; (2) obtain written consent from a child’s parent or legal guardian allowing the child to use the swimming pool and renew the parent or legal guardian’s written consent at least annually. The written consent must include a statement that the parent or legal guardian has received and read materials provided by the Department of Health to the Department of Human Services for distribution to all family day care or group family day care homes and the general public on the human services Internet Web site related to the risk of disease transmission as well as other health risks associated with swimming pools. The written consent must also include a statement that the Department of Health, Department of Human Services, and county agency will not monitor or inspect the provider’s swimming pool to ensure compliance with the requirements in this subdivision; (3) enter into a written contract with a child’s parent or legal guardian and renew the written contract annually. The terms of the written contract must specify that the provider agrees to perform all of the requirements in this subdivision; (4) attend and successfully complete a swimming pool operator training course once every five years. Acceptable training courses are: (i) the National Swimming Pool Foundation Certified Pool Operator course; (ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or (iii) the National Recreation and Park Association Aquatic Facility Operator course; (5) require a caregiver trained in first aid and adult and child cardiopulmonary resuscitation to supervise and be present at the swimming pool with any children in the pool; (6) toilet all potty-trained children before they enter the swimming pool; (7) require all children who are not potty-trained to wear swim diapers while in the swimming pool; 179
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