Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 5486 (August 26, 2023).

55 Pa. Code § 3290.115. Water activity.

§ 3290.115. Water activity.

 (a)  Swimming or wading.

   (1)  An in-ground swimming pool accessible to children must be fenced with a locked gate.

   (2)  An aboveground swimming pool which is not in use must be made inaccessible to children in accordance with the swimming pool barrier guidelines of the United States Consumer Product Safety Commission.

   (3)  An indoor swimming pool which is not in use must be made inaccessible to children.

   (4)  A staff person shall be physically present with a child who is wading or swimming.

   (5)  Swimming and wading ratios shall be maintained as follows:

Staff Children
Infant 1 1
Young or older toddler 1 2
Preschool 1 5
Young school-age 1 6
Older school-age 1 6

   (6)  When children are swimming, supervision shall include at least one person who has completed lifeguard training as described in §  3290.31(c)(4)(ii) (relating to age and training).

   (7)  The person certified in lifeguard training may not be included in the staff:child ratio.

   (8)  A facility person who is counted in the staff:child ratio shall annually complete water safety instruction.

   (9)  A sanitizing solution shall be added to water in a wading pool. An acceptable sanitizing solution is 3/4 teaspoon of bleach added to 50 gallons of water. A sanitizing solution shall be handled as a toxic. See §  3290.64 (relating to toxics).

   (10)  A wading pool shall be emptied daily.

 (b)  Water play table. A water play table or a container used for water play that contains unfiltered water shall be emptied daily.


   The provisions of this §  3290.115 amended under Articles IX and X of the Human Services Code (62 P.S. § §  901—922 and 1001—1088).


   The provisions of this §  3290.115 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312287) and (262079).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.