(1) The recreational area shall be safe and free from hazardous conditions. Recreational equipment shall have no jagged or sharp projections or other hazardous construction, and shall be maintained in a structurally sound condition.
    (2) Outdoor recreational areas shall be well drained and kept free of litter and trash.
    (3) If swimming pools, spas, or open water hazards are located on the property of a community based residential facility, the facility shall provide direct supervision by an adult employee when in use or when the area is occupied by minors and other residents that cannot swim. The individual responsible for supervision during water activites or near water hazards must have successfully completed the community water safety course specified in paragraph (b), below.
    (a) A wading or kiddy pool is not allowed.
    (b) All community based residential facilities with swimming pools, spas, or open water hazards must have a person on staff who has completed a community water safety course administered by the American Red Cross, YMCA, or any aquatic training program granted approval under Fl. Admin. Code R. 64E-9.008(1)(d)
    (c) A community based residential facility with a pool or spa not currently regulated by Fl. Admin. Code Chapter 64E-9, shall minimally, regardless of construction date, meet the barrier requirements in one of the following references: Section 424.2.17 through 424.2.17.3 of the 2004 Florida State Building Code for private swimming pools or Florida Statutes § 515.29
    (d) Water safety devices shall be provided for residential pools. A shepherd’s hook shall be provided securely attached to a one piece pole not less than 16 feet in length, and at least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the pool from the pool deck. Safety equipment shall be mounted in a conspicuous place and be readily available for use. Residential spas and hot tubs are exempt from this requirement.
Rulemaking Authority 381.006, 381.006(16) FS. Law Implemented 381.006, 381.006(16) FS. History-New 6-18-87, Amended 8-7-96, Formerly 10D-23.015, Amended 1-20-08.