Bill No.
26-12
Conceming:
Swimming
Pools
Defibrillators
Revised:
11/6/2012
Draft No.
~
Introduced:
September 11. 2012
Enacted:
November 13. 2012
Executive:
November 26. 2012
Effective:
November 13. 2013
Sunset Date:
-,-,!N~on~e~
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Ch.
-1L.
laws of Mont. Co.
2012
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Leventhal, Riemer, Rice, Navarro, Andrews, EIrich and Floreen
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 unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
26-12
1
Sec.
1.
Chapter 51 is amended
by
amending Section 51-1 and adding
Section [[51-19A]] 51-16A:
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.
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Automated external defibrillator
means
£!
portable electronic device that
provides an electric shock to the heart in order to reestablish normal
contraction rhythms in
£!
heart having dangerous arrhythmia or that is in
cardiac arrest.
[(b))
Automatic pool cover[:
A] means
£!
mechanical device that completely
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
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BILL
No. 26-12
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the swimming pool or private spa and charged with its operation is an agent of
the owner.
[(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]
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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]
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ill
obtaining all necessary permits and licenses.
[(t)]
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 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.
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[(i)]
Public spar:
Any] means any public swimming pool that is:
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BILL
No. 26-12
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[(i)
IntendedJ
ill
intended for public recreational and therapeutic
uses other than swimming, diving, or wading; and
[(ii)
IsJ
ill
is not dmined, cleaned, or refilled for each user.
[O)J
Public swimming pool[:
AJ means
f!
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)J
Spa guard[:
AnJ
means an individual currently certified
In
cardiopulmonary resuscitation (CPR).
[(1)J
Swimming pool[:
AnyJ 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.
{ill
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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 tmined in its use.
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(Q)
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
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An owner or employee of
f!
public swimming pool is not liable in
connection with the use or nonuse of an automated external
defibrillator
.'I.
unless:
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BILL No. 26-12
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CA)
the pool does not have an automated external defibrillator
available as this Section requires; or
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an employee has acted with gross negligence or engaged in
willful or wanton misconduct.
@
Any violation of this Section is
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class C civil violation. The County
~
Attorney or any affected person may file an action
in
jurisdiction to enjoin repeated violations ofthis Section.
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court with
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The Department of Health and HwnanServices must inspect each pool
to assure that the pool has an alJtQm.atedexternaLdefibrillator on site and
that defibrillator is
registe~th
the Maryland Institute for Emergency
Medical Services Systems. The [[County Fire and Rescue Service)]
Department of Health and Human Services must investigate each
complaint alleging
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violation of this Section and take appropriate
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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.]]
Sec. 2. This law may be cited as "Connor's Law."
Sec. 3.
Effective date.
This Act takes effect on November 13, 2013.
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BILL No. 26-12
97
Approved:
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d?v
Date
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Approved:
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9JrfV
rJ
This is a correct copy ofCouncil action.
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Date
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~?n. ~
Linda M. Lauer, Clerk of the Council
J/m
c:l("
cJ..O/;2­
Date
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