AGENDA ITEM #11

October 16,2012

Public Hearing

MEMORANDUM

October 12, 2012

TO:

FROM:

SUBJECT:

County Council

Amanda Mihill, Legislative

Attorne~

Public Hearing:

Bill 26-12, Swimming Pools - Defibrillators

Bill 26-12, Swimming Pools - Defibrillators, sponsored by Councilmembers Leventhal, Riemer,

Rice, Navarro, Andrews, EIrich and Floreen, was introduced on September 11, 2012. A Public

Safety Committee worksession is tentatively scheduled for October 25,2012.

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:

Bil126-12

Legislative Request Report

Sponsor memorandum

Circle #

1

6

7

F:\LAWIBILLSI1226 Swimming Pools DefibrillatorslPublic Hearing Memo.Doc



Bill No.

26-12

Pools

Concerning: Swimming

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. Co. _ __

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers 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]

Double 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 unafficted by bill.

The County Council for Montgomery County, Maryland approves the following Act:



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.

Automated external defibrillator

means

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portable electronic device that

provides an electric shock to the heart in order to reestablish normal

contraction rhythms in

cardiac arrest.

[(b)]

Automatic pool cover[:

A] means

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~

heart having dangerous arrhythmia or that is in

mechanical device that completely

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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

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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.

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f:\law\bills\1226 swimming pools defibrillators\bill1.doc



BILL NO. 26-12

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[(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 of the following]:

[(i)

Assuring]

ill

assuring compliance with all operating standards set forth

ill

providing for the physical maintenance, supplies, and

in this Chapter and all rules and regulations promulgated hereunder;

[(ii)

Providing]

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personnel as required by this Chapter and all rules and regulations

promulgated hereunder; and

[(iii) Obtaining]

ill

obtaining all necessary permits and licenses.

[(f)]

Pool operator[:

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)

not used for swimming, diving, or wading.

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[(h)]

Private swimming pool[:

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.

[(i)]

Public spa[:

Any] means any public swimming pool that is:

[(i)

Intended]

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intended for public recreational and therapeutic

uses other than swimming, diving, or wading; and

(j)

f:\law\bills\1226 swimming pools - defibriUators\biIl1.doc



BILL

No. 26-12

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[(ii)

Is]

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is not drained, cleaned, or refilled for each user.

(0)]

Public swimming pool[:

A] means

£!

swimming pool, except a private

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

III

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.

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51-16A. Defibrillators.

(ill

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.

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(Q}

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This Section is not intended to impose any civil liability, or

relieve any person from civil liability, regarding the presence or

use

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m:

or failure to use, any automated external defibrillator,

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except as expressly provided in paragraph

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An owner or employee of

£!

public swimming pool is not liable in

connection with the use or nonuse of an automated external

defibrillator unless:

.1

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W

the' pool does not have an automated external defibrillator

available as this Section requires; or

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r.!J­

f:\Iaw\bills\1226 swimming pools - defibrillators\bill1.doc



BILL

No. 26-12

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tID

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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

!!

court with

iurisdiction to enjoin repeated violations ofthis Section.

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The County Fire and Rescue Service must investigate each complaint

alleging

!!

violation of this Section and take appropriate action,

including issuing

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citation when compliance cannot be obtained

otherwise. The Department of Health and Human Services may, if

requested, assist the Service in enforcing this Section.

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Approved:

Roger Berliner, President, COlUlty Council

Date

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Approved:

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Isiah Leggett, County Executive

Date

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This is a correct copy o/Council action.

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Linda M. Lauer, Clerk of the Council

Date

f:\Iaw\bills\1226 swimming pools· defibrillators\bill 1.doc



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.

T? 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

MUNICIPALITIES:

PENALTIES:

Class C violation.

f:\law\bills\1226 swimming pools defibrillators\legislative request report. doc



MONTGOMERY COUNTY COUNCIL

ROCKVILLE, MARYLAND

•

MEMORANDUM

September 6,2012

To:

Councilmembers

From: George Leventhal and Hans Riemer

Re:

Bill 26-12, Swimming Pools - Defibrillators

We are 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

(Le. 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, dro\\>ned beneath an empty

lifeguard chair, at a country club, in five feet of water. A patron ofthe pool spotted

Connor's 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.

l

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.

1 "Cardiac Arrest," from the American Heart Association Web site,

http://www .ameri canheart.org/presenter .jhtml? identifier=4481

STELLA B. WERNER COUNCIL OFFICE BUILDING·

100 MARYLAND AVENUE· ROCKVILLE. MARYLAND 20850

240/777-7900

•

TTY

240/777-7914 •

FAX

240/777-7989

WWW.MONTGOMERYCOUNTYMD.GOV

C

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