AGENDA ITEM #4
September 11,2012
Introduction
MEMORANDUM
September 7, 2012
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorne,
Introduction:
Bill 26-12, Swimming Pools - Defibrillators
Bill 26-12, Swimming Pools - Defibrillators, sponsored by Councilmembers Leventhal, Riemer
and Rice is scheduled to be introduced on September 11, 2012. A public hearing is tentatively
scheduled for October 9,2012 at 1:30 p.m.
Bill 26-12 would certain swimming pools to have an automated external defibrillator available
on the premises. See ©7 for a memorandum from the sponsors explaining the purpose behind
Bill 26-12.
This packet contains:
Bill 26-12
Legislative Request Report
Sponsor memorandum
Circle
#
1
6
7
F:\LAW\BlLLS\1226 Swimming Pools - Defibriliators\lntro Memo.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No.
26-12
Concerning: Swimming
Pools
Defibrillators
Revised:
9/5/2012
Draft No. _1_
Introduced:
September 11, 2012
Expires:
March 11, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont.
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council members Leventhal, Riemer and Rice
AN
ACT to:
(1)
(2)
require certain swimming pools to have an automated external defibrillator
available on the premises under certain circumstances; and
generally amend the law concerning swimming pools.
By amending
Montgomery County Code
Chapter 51, Swimming Pools
Section 51-1
By adding
Chapter 51, Swimming Pools
Section 51-16A
Boldface
Underlining
[Single boldface brackets]
DQuble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 26-12
1
Sec. 1. Chapter 51 is amended
by
amending Section 51-1 and adding
Section 51-19A:
51-1. Definitions.
In this Chapter, the following words have the following meanings:
[(a)]
Approving authority[:
The] means the Director of the Department of
Health and Human Services or the Director's designee.
2
3
4
5
6
7
Automated external defibrillator
means
~
portable electronic device that
8
9
provides an electric shock to the heart in order to reestablish normal
contraction rhythms in
cardiac arrest.
[(b)]
Automatic pool cover[:
A] means
~
~
heart having dangerous arrhythmia or that is in
10
11
mechanical device that completely
12
13
14
covers the swimming pool surface automatically when activated, and meets
the requirements of a power safety cover established by the American Society
for Testing and Materials.
[(c)]
Lifeguard[:
A] means
~
person who:
(1)
(2)
is at least 15 years old; and
has a valid lifeguard certificate from the American Red Cross, the
Young Men's Christian Association, or a comparable program
approved by the Director of the Department of Health and
Human Services.
[(d)]
Owner[:
Any] means any person, cooperative, association, partnership,
firm, corporation, public agency, or authorized agent of any of them, excluding
a pool management company, under whose authority a swimming pool or
private spa is being constructed, remodeled, reconstructed, or operated. For the
purposes of serving notices of violation of this chapter, the person present at
the swimming pool or private spa and charged with its operation is an agent of
the owner.
15
16
17
18
19
20
21
22
23
24
25
26
27
o
f:\law\bills\1226 swimming pools· defibrillators\bill1.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 26-12
28
[(e)]
Pool management company[:
Any] means any person, cooperative,
association, partnership, firm, or corporation, excluding a pool operator, who
is responsible by contract or other agreement with the owner of a public
swimming pool for the operation of the public swimming pool, including [but
not limited to one or more ofthe following]:
(0)
29
30
31
32
33
Assuring]
ill
assuring compliance with all operating standards set forth
ill
providing for the physical maintenance, supplies, and
34
35
in this Chapter and all rules and regulations promulgated hereunder;
[(ii)
Providing]
36
37
38
39
40
41
personnel as required by this Chapter and all rules and regulations
promulgated hereunder; and
[(iii) Obtaining]
ill
obtaining all necessary permits and licenses.
[(f)]
Pooloperator[:
Any] means any person in possession of a valid county
pool operator's license who is in the immediate control of the operation of a
public swimming pool.
[(g)]
Private spar:
Any] means any outdoor bathing structure that is:
(1)
a self-contained unit in which all control, water heating, and
water circulating equipment is an integral part of the unit;
(2)
(3)
built on the grounds of a single-family private residence;
used solely by the owner, immediate family, tenants, and guests;
and
(
4)
42
43
44
45
46
47
48
49
50
51
not used for swimming, diving, or wading.
[(h)]
Private swimmingpool[:
Any] means any swimming pool that is:
(1)
(2)
built on the grounds of a single-family private residence; and
used solely by the owner, immediate family, tenants, and guests.
52
53
[(i)]
Public spar:
Any] means any public swimming pool that is:
[(i)
Intended]
ill
intended for public recreational and therapeutic
54
uses other than swimming, diving, or wading; and
(];
f:\law\bil1s\1226 swimming pools defibrillators\biI11,doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 26-12
55
56
[(ii)
Is]
ill
is not drained, cleaned, or refilled for each user.
[U)]
Public swimming pool[:
A] means
f!
swimming pool, except a private
57
58
59
60
61
swimming pool, which is intended to be used collectively by numbers of
persons for swimming, diving, wading, or recreational bathing.
[(k)]
Spa guard[:
An]
means an individual currently certified
In
cardiopulmonary resuscitation (CPR).
[(1)]
Swimming pool[:
Any] means any artificial structure, basin, chamber, or
tank, except a private spa, either above or below ground, which is used or
intended to be used for the primary purpose of swimming, diving, wading, or
recreational bathing. Swimming pool includes all appurtenant equipment,
structures, and facilities located within a common enclosure. A unit used in
conjunction with the private practice of a physician or physical therapist is not
a swimming pool.
51-16A. Defibrillators.
(f!)
62
63
64
65
66
67
68
69
70
Every public swimming pool must have available at all times when the
pool is open at least one automated external defibrillator in good
working order and at least one staff member who is trained in its use.
71
72
(hl
ill
This Section is not intended to impose any civil liability, or
relieve any person from civil liability, regarding the presence or
use
or failure to use, any automated external defibrillator,
except as expressly provided in paragraph
@
73
74
75
76
ill
An owner or employee of
f!
public swimming pool is not liable in
connection with the use or nonuse of an automated external
defibrillator .\ unless:
77
78
79
®
the pool does not have an automated external defibrillator
available as this Section requires; or
80
B-
f:\Iaw\bills\1226 swimming pools - defibrillators\bill 1.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 26-12
81
82
83
84
an
@
an employee has acted with gross negligence or engaged in
willful or wanton misconduct.
Any violation of this Section is
~
class C civil violation. The County
~
Attorney or any affected person may file an action in
jurisdiction to enjoin repeated violations ofthis Section.
court with
85
86
87
88
ill
The County Fire and Rescue Service must investigate each complaint
alleging
~
violation of this Section and take appropriate action,
~
inchlding issuing
citation when compliance cannot be obtained
89
otherwise. The Department of Health and Human Services may, if
requested, assist the Service in enforcing this Section.
Approved:
90
91
92
Roger Berliner, President, County Council
Date
93
Approved:
94
Isiah Leggett, County Executive
Date
95
This is a correct copy o/Council action.
96
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1226 swimming pools - defibriUators\bill1.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 26-12
Swimming Pools
-
Defibrillators
DESCRIPTION:
Bill 26-12 would require certain swimming pools to have an
automated external defibrillator available on the premises under
certain circumstances.
Automated external defibrillators are currently not required on site at
swimming pools that are open to the public.
To require swimming pools, other than private swimming pools, to
have an automated external defibrillator on site.
Fire and Rescue Service; Department of Health and Human Services
To be requested.
Tc: be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
Class C violation.
f:\law\bills\1226 swimming pools - defibriliators\legislative request report.doc
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY COUNCIL
ROCKVILLE, MARYLAND
MEMORANDUM
September 6,2012
To:
Councilmembers
From: George Leventhal and Hans Riemer
Re:
Bill 26-12, Swimming Pools - Defibrillators
Weare introducing a bill which is attached to this memorandum. The bill mandates that a
defibrillator become standard equipment at all semi-public pools in Montgomery County
(i.e. swim clubs). The county already mandates that a defibrillator be on site for all
county operated swim facilities.
In
2004 the Council passed Bill 22-04 which requires
commercial fitness centers in Montgomery County to have a defibrillator on the
premises.
The need for this legislation is illustrated by a tragic event that occurred in Anne Arundel
County on June 22,2006. A 5 year old boy, Connor Freed, drovvned beneath an empty
lifeguard chair, at a country club, in five feet of water. A patron of the pool spotted
Connorls lifeless body and pulled him out of the water. Another patron began performing
cardiopulmonary resuscitation (CPR) as he threw up water. Once 911 was called, they
questioned, "Is there a defibrillator there?" The response: "Yes. But we are not allowed
to use it." Connor went into cardiac arrest in the ambulance on the way to the hospital.
The importance of having a defibrillator on site is because
it
needs to be used within the
first five minutes when someone is experiencing cardiac arrest. Paramedics usually can
take five minutes or longer to arrive on scene. Defibrillators save lives. A person's
chances of survival are reduced by 7 to 10 percent with every minute that passes without
CPR and defibrillation. Few attempts at resuscitation succeed after 10 minutes.
I
Similar
legislation has been enacted in Queen Anne's and Anne Arundel counties. All Maryland
lifeguards are now required by law to be CPR certified as well as trained on the use of a
defibrillator.
I "Cardiac Arrest," from the American Heart Association Web site,
http://www .americanheart.org/presenter.jhtml?identifier=448I
STELLA B. WERNER COUNCIL OFFICE BUILDING·
240(777-7900
100 MARYLAND AVENUE' ROCKVILLE, MARYLAND 20850
TTY
240(777-7914 •
FAX
240(777-7989
WWW.MONTGOMERYCOUNTYMD.GOV
C
PRINTED ON RECYC!..ED PAPER