(1) During water activities, ONB providers must comply with the requirements described in this section, WAC 110-302-0175 and 110-302-0345.

(2) In addition to the "risk waiver" described in WAC 110-302-0471:

(a) ONB providers must obtain written permission on a "water activity waiver" from the child's parent or guardian before that parents or guardian's child participates in water activities.

(b) ONB programs located within a quarter mile of an accessible body of water must obtain from the parent or guardian a signed "water hazard waiver."

(3) For water activities that involve a water depth that is more than 24 inches deep, ONB providers must comply with this chapter and the requirements described in this subsection.

(a) A certified lifeguard must be present and on-duty. A staff member or volunteer may be included in the staff-to-child ratio who is also the on-duty certified lifeguard.

(b) All children must wear approved water life jackets or approved water life vests.

(4) ONB providers must have life-saving equipment readily accessible during water activities if the surface area of a pool or body of water is equal to or greater than six feet and the depth of any portion of the surface area is equal to or greater than two feet. Life-saving equipment may include a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that will not conduct electricity.

(5) During water activities, ONB providers must hold or have continuous touch of children with special needs unless that is not developmentally appropriate.

(6) At least one attending staff person must be able to swim when children are within one quarter mile of an accessible body of water such as a park located near a lake or stream regardless of whether or not the children are actively engaging in a water activity.

(7) If children are at or near a moving body of water, an ONB staff member who can swim or a lifeguard must be positioned downstream of where the children are playing or otherwise take into account how water moves and their access to the body of water.