Licensees and their direct care staff and direct care volunteers must:

(1) Provide enhanced supervision when children and youth in care participate in high-risk activities based on their developmental capabilities, unless there is a supervision plan approved by their representatives that allows them to participate in high-risk activities without enhanced supervision; and

(2) Complete the following when children or youth in care participate in the following high-risk activities:

(a) Riding on or using motorized vehicles and equipment:

(i) Comply with all laws pertaining to the use of the motorized vehicles and equipment; and

(ii) Instruct them on and require the use of appropriate protective and safety gear;

(b) Be within touching distance of children age birth through five years old when they use or are around:

(i) Hot tubs;

(ii) Swimming pools;

(iii) Spas; and

(iv) Man-made and natural bodies of water;

(c) Follow the following staffing requirements when swimming in pools or outdoor bodies of water, excluding small shallow pools, if:

(i) A lifeguard is on duty, comply with staffing ratio requirements outlined in WAC 110-145-2820; or

(ii) A lifeguard is not on duty:

(A) When supervising two or more children or youth, have at least two direct care staff or direct care volunteers present and comply with staffing ratio requirements outlined in WAC 110-145-2820; and

(B) At least one of the direct care staff or direct care volunteers present must:

(I) Have a lifeguard or water safety certification; or

(II) Know how to swim, how to use rescue equipment, and have it with them; and

(d) Require children and youth in care to wear U.S. Coast Guard-approved personal flotation devices when swimming in nondesignated swimming areas or using a water-based recreation device.