Tennessee Daycare Pool Safety Requirements

Why Water Features Get Flagged on Tennessee Daycare Inspections

Pools, hot tubs, ponds, and decorative water features need specific attention in a Tennessee home daycare because TDHS requires water features to be secured. The rules under Chapter 1240-04-01 require a separate protective barrier with a self-latching gate.

If you have a water feature on your property and are applying for a family child care home or group child care home license, address it before the Step 7 measuring visit, when the TDHS Program Specialist checks for obvious hazards and requests inspections.

Fencing and Barrier Requirements

Every pool, hot tub, pond, or water feature on the property must be enclosed by a separate physical barrier — a fence with a self-latching gate. The fence around the water feature must be distinct from the general outdoor play area fencing. Your 50-square-feet-per-child outdoor play area must remain usable, fenced, and hazard-free, with the water-feature area outside it.

In Davidson County (Nashville), local zoning codes for "In Home" child care programs go further: swimming pools are explicitly prohibited on properties operating as licensed home daycares. While HB 1175's statewide zoning preemption may create a legal argument for family child care home operators, Nashville providers should expect local codes enforcement to flag pools during zoning clearance.

What Counts as a Water Feature

Examples of water features that need to be addressed include:

• In-ground and above-ground pools
• Hot tubs and spas
• Decorative ponds and koi ponds
• Fountain basins deep enough to pose a drowning risk
• Kiddie pools and inflatable pools (when filled)

The key compliance point is access control: water features must be fully secured by protective fencing with self-latching gates.

Supervision During Water Play

During water play, maintain the applicable staff-to-child ratio and direct visual supervision. For family child care homes, one caregiver can care for up to seven children, with no more than four children under age two.

Field trips to public swimming facilities require one additional adult beyond the normal ratio. Every child must have a signed parental permission form for the specific off-site activity, and attendance must be documented at departure, arrival, the start and end of the activity, and upon return.

How to Handle an Existing Pool

If your property has a pool and you're serious about licensing, you have three options:

1. Install compliant fencing with a self-latching gate and ensure the pool area is completely separated from the licensed play space
2. Drain and cover the pool permanently — document this with photos for your licensing file
3. Choose a different property if the pool cannot be adequately isolated

During the Step 9 first walk-through and Step 10 joint final walk-through, TDHS staff will verify that the home meets the physical requirements, including the water-feature barrier. A fence that's in disrepair, has gaps a child could fit through, or has a gate that doesn't self-latch will result in a deficiency.

Passing Your Inspection

Document your water safety setup before the measuring visit. Take photos of the fence from multiple angles, test the gate latch mechanism, and measure the fence height. Keep a written water safety policy in your compliance binder that covers how you handle water play, what happens when a child arrives in wet clothing, and your emergency response protocol for water incidents.

The Tennessee home daycare licensing guide walks through every physical safety requirement your home must meet, including the water feature standards that trip up providers who assume a backyard pool is no big deal.

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