Full Text of Maryland Statute on Public Pool Lifeguard Requirements

Coming up soon here is more interpretation of the Louis Lowenthal autopsy report — horrific snapshots of what it was like to die in this fashion; too much for anyone to stomach in one installment. I can only imagine what the Lowenthal family has gone through over the last nearly four months, and what crosses their minds as they read this document.

Below is the full text of public pool safety provisions under Maryland law (http://www.dsd.state.md.us/comar/getfile.aspx?file=10.17.01.40.htm). The provision in boldface type, of course, is my own emphasis added.
Irv Muchnick

 
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10.17.01.40

.40 Public Pool and Spa Safety.

A. First Aid and Lifesaving Equipment. An owner shall ensure that:

(1) A recreational pool is provided with:

(a) A first aid kit as recommended by the American Red Cross;

(b) A face mask for CPR;

(c) Disposable medical grade examination gloves;

(d) A bloodborne pathogen control kit;

(e) A backboard designed for medical emergency use that is equipped with straps and head immobilizer;

(f) A light, strong rescue pole not less than 10 feet long; and

(g) A rescue tube designed for lifesaving for each required lifeguard;

(2) Except as set forth in §A(3) of this regulation, a public spa is provided with the safety equipment required in §A(1)(a)—(e) of this regulation;

(3) A semipublic spa is provided with the safety equipment required in §A(1)(a)—(d) of this regulation; and

(4) A semipublic pool is provided with a:

(a) Light, strong rescue pole not less than 10 feet long; and

(b) Ring buoy or similar approved floatation device with an attached throwing rope measuring 50 feet in length or 11/2 times the width of the pool, whichever is longer.

B. Telephone. An owner shall ensure that, in case of an emergency, a telephone is available within the pool or spa enclosure to individuals using a public pool or spa that:

(1) Can directly reach a 911 emergency service without the use of a coin and without connection to an internal switchboard;

(2) Is posted with:

(a) The names and phone numbers of the nearest available police, fire, and ambulance or rescue unit; or

(b) 911 or with any numbers necessary to reach a 911 emergency service center directly; and

(3) Is posted with the name and location of the pool or spa facility.

C. Lifeguard Chair.

(1) An owner shall ensure that a recreational pool is equipped with lifeguard chairs in compliance with the American National Standard for Public Swimming Pools.

(2) An owner may use a deck-level lifeguard chair in a designated area on the deck adjacent to shallow water instead of an elevated lifeguard chair.

D. Lifeguards.

(1) An owner of a public pool shall comply with:

(a) Local codes requiring lifeguards if the requirements of the local codes are stricter than the requirements set forth in §D(2)—(5) of this regulation; or

(b) §D(2)—(5) of this regulation if no local codes exist, or if the local codes requiring lifeguards are not as strict as the requirements of §D(2)—(5) of this regulation.

(2) Except as set forth in §D(1) and (3) of this regulation, an owner of a recreational pool shall have at least one lifeguard on duty on the deck observing the pool while an individual is in the pool, and shall have at the pool:

(a) Lifeguards who are appropriately trained and certified for the type of facility and activity in the pool;

(b) A sufficient number of lifeguards so that a lifeguard is on duty for each group of 50 individuals, or fraction thereof, in the pool; and

(c) In addition to the number of lifeguards required in §D(2)(b) of this regulation, additional lifeguards on duty if:

(i) The shape, dimensions, layout, use, activities, or features of the pool create potential safety hazards;

(ii) The vision of the required lifeguard or lifeguards is obstructed;

(iii) The capabilities of the individuals using the pool are substandard; or

(iv) Another condition exists that compromises the ability of a lifeguard to monitor the pool.

(3) An owner may use a lifeguard on the deck of a swimming pool to monitor an adjacent wading pool, but if a wading pool is the only pool at a facility or if the wading pool cannot be observed from the deck of the swimming pool, the owner shall ensure that lifeguards are provided at the wading pool in accordance with §D(1) and (2) of this regulation.

(4) In addition to meeting the other requirements of this chapter, an owner or operator of a facility specified in the following paragraphs shall ensure that a:

(a) Limited public-use pool has water safety supervision for pool activities in compliance with Regulation .15 of this chapter;

(b) Child care center has water safety supervision for pool activities at a child care center in compliance with COMAR 07.04.02.41; and

(c) Youth camp has water safety supervision for pool activities at a youth camp in compliance with COMAR 10.16.06.

(5) The owner may only use or employ a lifeguard who holds a valid lifeguard certification from:

(a) The American Red Cross;

(b) The Boy Scouts of America, not including a lifesaving merit badge;

(c) The Young Men’s Christian Association;

(d) Ellis and Associates’ National Pool and Waterpark Lifeguard Training; or

(e) An organization that has a lifeguard training program equivalent to the American Red Cross lifeguard training.

(6) Except as set forth in §D(1) and (3) of this regulation, an owner of a semipublic pool that has a water surface area greater than 2,500 square feet or that is part of a multiple pool facility within one enclosure that has a combined water surface area greater than 2,500 square feet shall ensure that at least one lifeguard is on duty on the deck observing a pool in the ratio of one guard per 50 individuals in the water:

(a) During the peak seasonal use of the pool from Memorial Day to Labor Day; and

(b) During the use of an indoor, heated pool throughout the entire year.

E. CPR and First-Aid Personnel. Except at a semipublic spa, an owner of a recreational pool, public spa, and a limited public use pool shall ensure that:

(1) When the pool or spa is open for use, an individual is present and on site, holding a valid certification for:

(a) Infant/child/adult or professional rescuer cardiopulmonary resuscitation (CPR); and

(b) First aid; and

(2) The CPR and first aid certifications of the individual required in §E(1) of this regulation are from:

(a) A national organization offering certification in CPR or first aid, such as the:

(i) American Red Cross;

(ii) American Heart Association; or

(iii) National Safety Council;

(b) The Emergency Medical Services; or

(c) An organization that has a certification program in CPR or first aid that is approved by one of the organizations listed in §E(2) of this regulation.

F. Safety Signs. An owner of a public pool or spa shall ensure that:

(1) The size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas;

(2) A spa safety sign is posted in a permanent location adjacent to a spa in compliance with the American National Standard for Public Spas;

(3) The spa safety sign includes the user load of the spa;

(4) A chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”;

(5) A chemical vat, feeder, pump, and line is labeled to identify the chemical in use;

(6) A chlorine gas warning sign reading “Danger—Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area;

(7) Other warning, health advisory, and safety signs are posted if necessary to protect the public health and safety, for example, “Danger! No Diving In Shallow Water”;

(8) A semipublic pool or public spa that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool or spa reading “WARNING; NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. DO NOT SWIM ALONE. CHILDREN UNDER 15 SHOULD NOT USE THE POOL WITHOUT ADULT SUPERVISION.”; and

(9) House rules are posted at the entrance to a pool or spa.