AGENDA ITEM 5A
October 31, 2017
Action
MEMORAND UM
October 27, 2017
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
~i;J
Action:
Expedited Bill 16-17, Swimming Pools - Lifeguards - Amendments
Health and Human Senrices Committee recommendation (3-0):
enact Bill 16-17 (but see
amendments on page 4).
Expedited Bill 16-17, Swimming Pools - Lifeguards -Amendments, sponsored by Lead Sponsor
Councilmember Katz and Co-Sponsors Councilmembers Floreen and Elrich and Council President
Berliner, was introduced on May 16, 2017. A public hearing was held on June 20 and Health and
Human Services Committee worksessions were held on July 10 and October 2.
Expedited Bill 16-17 would exempt certain public pools at certain facilities from the requirement
to have a lifeguard on duty present when the pool is open for use; require exempted public pools
to meet certain criteria, including posting certain warning signs; and require exempted pools to
have an emergency alert system. A memorandum from the lead sponsor is attached on ©6. The
Fiscal Impact/Economic Impact statements are on ©7-11.
Public Hearing Testimony
At the June 20 public hearing, the Council heard from individuals and companies both supporting
and opposing Bill 16-17. Generally speaking, those representing the hotel industry supported the
bill while those representing the pool management companies and lifeguard opposed the bill. A
representative of the County Executive gave testimony supporting the bill (©12). The Council
received written correspondence from several lifeguards opposing the bill. The Council also
received written correspondence from several individuals, though Council staff is unsure if those
unsigned letters are from residents, visitors, or lifeguards. See select testimony and correspondence
on ©13-50.
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Background
State law.
State rules for swimming pools are found in state regulations. Under state regt!.lations,
a hoteVmotel pool is considered a "semipublic pool". COMAR 10.17.0l.40D(6) requires a
semipublic pool that has a water surface area greater than 2,500 square feet to have a lifeguard on
duty. Therefore, under state law, a semipublic pool with a lesser water surface is not required to
have a lifeguard.
County law.
County Code §51-IO(b) requires all public pools to have a lifeguard, regardless of
pool size. County regulations specify other requirements, including construction standards and
water quality standards. Bill 16-17 would not alter the requirements for water quality standards,
which are detailed on ©51-52.
Other jurisdictions.
Most other Maryland jurisdictions do not require lifeguards for hotel pools
under 2,500 square feet of surface area. As of the writing of this packet, only 2 Maryland
· jurisdictions - Baltimore County and Montgomery County- require lifeguards in hotel pools. Two
other jurisdictions - Anne Arundel County and Prince George's County - enacted legislation in
2016 to repeal the requirement for lifeguards in hotel pools.
Committee Discussion
There are no legal issues regarding Bill 16-17. The primary question Committee members
discussed concerned the policy question of whether to require hotels/motels to employ lifeguards
for their pools. To assist in that discussion, the Committee requested, and reviewed the following
information:
Comparison of local laws on this topic.
Additional statistics of pool incidents in Montgomery County and surrounding
jurisdictions. These statistics should include a comparison of pools with and without
lifeguards.
Information relevant to the question about whether drownings are more likely to happen in
pools with or without a lifeguard.
Will hotels maintain lifeguards even when they are not required to?
How do insurance requirements change (or do they change) if there are lifeguards present
or absent?
Information on residency of lifeguards.
In
response to the Committee's request for information, Council staff reached out to
representatives from both the hotel industry and the pool operator/lifeguard industry as well as
performing independent research.
Comparison of local laws.
As noted above, most other Maryland jurisdictions do not require
lifeguards for hotel pools under 2,500 square feet of surface area (State law requires a semi-public
pool that has a water surface area greater than 2,500 square feet to have a lifeguard on duty during
peak seasonal use for outdoor pools and year round for indoor, heated pools.). As of the date of
2
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this packet, only Baltimore County and Montgomery County require lifeguards for hotel pools.
Ocean City, Maryland follows the state law (the City does not have a town ordinance on this
subject and neither does Worcester County). Similarly, Howard County does not have a local law
on this topic and therefore follows the state law. Laws in Prince George's County and Anne
Arundel County specifically exclude hotel and motel pools from having a lifeguard requirement if
the water surface area is less than 2,500 square feet. Laws in the District of Columbia do not require
a lifeguard for pools open only for people "lodging for a fee at the facility" except in certain
circumstances (including if the pool has a diving board, is 5 feet or deeper, or has an expected
bather population of 50% or more children under 15 years old).
Statistics of pool incidents in Montgomery County and surrounding jurisdictions.
Pool
companies provided statistics on the incidents that lifeguards they employ respond to (©32 and
Sunset Pools, Inc. indicated that for 2016, they recorded 73 "distress/active
43).
drowning/rescues" incidents, 45 of which occurred at hotel pools, and 246 "vomit/fecal" incidents,
152 of which occurred at hotel pools. For 2017, at that time, they had recorded 29 "distress/active
drowning/rescues" incidents, of which 16 were at hotel pools and 127 "vomit/fecal" incidents, of
which 72 were at hotel pools. In response to Council staff questions, the Maryland Hotel Lodging
Association (MHLA) noted that hotels require incident reports to be filled out for all issues
requiring first aid to a guest. MHLA conducted a study of hotels owned/operated by Baywood
hotels who operates 64 hotels with pools in 11 states, including 14 in Maryland (3 in Montgomery
County). The case study revealed that for all hotels with pools (with and without a lifeguard), there
were no calls documenting reports of drownings or life-saving events requiring a 911 call.
Council staff surveyed certain surrounding jurisdictions about emergency calls for drownings or
near-drownings at hotel pools for approximately the past 12 years. From 2005 to present, the
County Fire and Rescue Service (MCFRS) was dispatched for reported drownings at hotels/motels
twice; however in only 1 of those incidents was a patient transported to a hospital (the patient had
a non-life threatening condition). From 2003 to present, the Anne Arundel County Fire and Rescue
Service was dispatched to a hotel or motel pool twice. For Ocean City, Maryland, there were 13
EMS dispatches for drownings/near drownings at hotel/motel pools from 2012 to present. The
information gleaned from these jurisdictions does not include whether the EMS calls originated
from hotels with or without pool lifeguards.
Lifeguard effectiveness.
Committee members requested information about whether drownings are
more likely to happen in pools with or without a lifeguard. Council staff did a significant amount
of research attempting to provide relevant information to the Committee on this topic. However,
Council staff could not find a significant amount of research on this question. A 2001 report of a
Centers for Disease Control Working Group and the National Center for Injury Prevention and
Control entitled "Lifeguard Effectiveness: A Report of the Working Group", concluded that
"trained, professional lifeguards have had a positive effect on drowning prevention in the United
States". This report provided several examples of reduced incidents after lifeguards were
employed. However, this report focused only on lifeguards at beaches, not at pools. There are
many risks associated with beaches, including surf, drop offs, and under currents, that are not
present at swimming pools. A 2010 article entitled "Lifeguards: A Forgotten Aspect of Drowning
Prevention" cites an "industry" document for the conclusion that approximately a third of
drowning deaths in the U.S. happen at lifeguarded pools. However, Council staff was unable to
3
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find the "industry" document referenced in the article.
Other requested information.
In
response to other Committee requests for information, Council
staff learned that:
Hotels, even when not required by law, staff lifeguards "when it is believed to have a
positive impact on guest safety or other needs related to the pool". Generally speaking,
the norm is to "swim at your own risk" unless a pool has a waterslide, lazy river, etc.
Other circumstances may lead a hotel to staff a lifeguard at all times or for select days
and time, including the location of the pool, crowd control, groups of children/youth
using the pool.
Hotel insurance requirements are not impacted based on the presence of a lifeguard.
While MHLA stated that the industry opinion is that the majority oflifeguards working
at hotel pools are not County residents, according to Sunset Pools, about 90% of the
lifeguards employed in hotel pools (seasonal and year round) are County residents. The
remaining 10% are J1 visa holders that work only during the summer in outdoor pools.
Committee recommendation
At its October 2 worksession, the Committee unanimously recommended enactment of Expedited
Bill 16-1 7, but requested Council staff to draft 2 amendments to be presented at this Council
session. First, Councilmember Rice requested an amendment to require a lifeguard be on duty at a
hotel pool during specific hours. At the worksession, Councilmember Rice did not propose specific
hours, but after the session requested the amendment to require lifeguards be on duty at hotel pools
from 11 a.m. to 7 p.m. on Saturday and Sunday. A hotel pool can be open at any other time without
a lifeguard. (See ©56) Second, Committee Chair Leventhal requested an amendment be drafted to
require a person certified in CPR to be on a hostel's premises anytime that a pool is open without
a lifeguard. All members of the Health and Human Services Committee and the Bill's lead sponsor
concur with the amendments as drafted.
This packet contains:
Expedited Bill 16-1 7
Legislative Request Report
Sponsor memorandum
Fiscal and Economic Impact Statements
Testimony/Correspondence
County Executive
Support for Bill 16-17
Opposition to Bill 16-1 7
COMCOR 51.00.02.03
Follow up information from hotel industry
Hours amendment
CPR staffing amendment
F
:\LA
W\BILLS\1 716 Swimming Pools\Action Memo.Docx
Circle#
1
5
6
7
12
13
24
51
53
56
57
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Expedited
Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards -Amendments
Revised:
5/4//2017
Draft No.
_i_
Introduced:
May
16, 2017
Expires:
November
16, 2018
Enacted: __,__ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'N=o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead
Sponsor: Councilmember Katz
Co-Sponsors: Councilmembers Floreen and Elrich and Council President Berliner
AN EXPEDITED ACT
to:
(1)
exempt certain public pools at certain facilities from the requirement to have a
lifeguard on duty present when the pool is open for
use;
(2)
require exempted public pools to meet certain criteria, including posting certain
warning
signs;
(3)
require exempted pools to have an emergency alert system; and
(4)
generally amend County law relating to swimming pools.
By amending
Montgomery County Code
Chapter 51, Swimming Pools
Sections 51-1 and 51-10
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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ExPEDITED BILL
No.
16-17
1
2
Sec.
I.
Sections 51-1 and 51-10 are amended as follows:
51-1. Definitions.
3
4
In this Chapter, the following words have the following meanings:
*
*
*
5
Hostel
has the same meaning as in Code §54-1.
*
6
7
*
*
51-10. Safety standards; lifeguards and spa guards.
*
*
*
8
9
(b)
Lifeguards.
(1)
Except for public spas and as provided in paragraph
@,
every
public swimming pool must have at least one lifeguard with a valid
infant/child/adult cardiopulmonary resuscitation (CPR) certificate
from the American Red Cross, the American Heart Association,
the National Safety Council, or a comparable program approved
by the state Department of Health and Mental Hygiene, present
when the pool is open for use.
(2)
Whenever any person is in the water, a lifeguard must:
(A)
(B)
be on the deck and observing the pool; and
not leave the deck for any reason unless all persons are out
of the water.
(3)
The approving authority may require additional lifeguards to be on
the deck at any public swimming pool
if
the approving authority
finds that the pool is inadequately guarded because of the:
(A)
(B)
(C)
(D)
number of persons using the pool;
shape, dimensions, or layout of the pool;
existence of obstructions to vision; or
capabilities of the persons using the pool.
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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ExPEDITED BILL NO. 16-17
28
29
30
31
32
33
(c)
Public spas.
A public spa must have at least one spa guard present when
the spa is open for use. The spa guard must be available immediately to
help in an emergency.
@
Hostels.
Paragraph
(hl
does not
film!y
to
~
pool that has g water surface
area less than 2,500 square feet located on the grounds of g hostel for the
exclusive use of its registered guests if:
34
ill
the hostel is properly licensed under Chapter 54;
the hostel posts warning
filW
that meet the following:
(A)
the size, color, design, application, symbol, and visual
layout of~ safety
ggn
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;
.Qll
~
safety
35
36
37
ru
38
39
40
41
42
film
is posted
in
~
permanent location adjacent to
~
hostel in compliance with the American National Standard
for Public Spas;
Ck}
43
44
the safety sign includes the user load of the pool;
~
ill)
chemical warning
ggn
is posted at the entrance door to
~
45
46
chemical storage area and includes the text "Caution!
Chemical Storage Area";
~
47
48
49
(ID
chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
.{E)
~
chlorine gas warning
mgn
reading "Danger-Ch lorine
50
51
Gas" is posted at the entrance to
~
chlorine gas feed room
and storage area;
52
53
54
fill
other warning, health advisory, and safety
~
are posted,
as required
.QY
Executive Regulation, if necessary to protect
the public health and safety: and
{j)
f:llaw\bills\1716
swimming
poolslbiD 2.docx
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ExPEDITED BILL
No. 16-17
55
56
fill
~
pool that does not have
~
lifeguard on duty has g
to the pool
conspicuous
fil&1
posted adjacent to entrances
57
58
59
60
61
reading "Warning: No lifeguard on duty. SWIM: AT YOUR
OWN RISK. Children under the~ of
li
are not permitted
to use the pool without adult supervision"; and
ill
the pool area has
~
functional and visible emergency alert system
approved
QY
the Director of the Department of Health and Human·
Services that:
(A)
connects directly to 9-1-1; and
notifies an employee of the hostel when activated.
62
63
64
65
ill}
Sec. 2. Expedited Effective Date.
66
67
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date that it becomes law.
Approved:
68
69
Roger Berliner, President, County Council
70
Date
Approved:
71
Isiah Leggett, County Executive
72
Date
This is a co"ect copy ofCouncil action.
73
Linda M. Lauer, Clerk of the Council
Date
0
f:\law\bHls\1716 swimming pools\bill
2.docx
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LEGISLATIVE REQUEST REPO RT
Expedited Bill 16-17
Swimming Pools
-
Lifeguards -Amen dment s
DESCRIPTION:
Expedited Bill 16-1 7 would exempt certain public pools at certain
facilities from the requirement to have a lifeguard on duty present
when the pool is open for use; require exempted public pools to meet
certain criteria, including posting certain warning signs; and require
exempted pools to have an emergency alert system.
County hotel pools can only be open for swimming if a lifeguard is
present. This is a costly burden for the hotel industry that is not faced
in neighboring jurisdictions.
Maintain economic competitiveness in the tourism industry without
unduly jeopardizing the safety of our visitors.
Health and Human Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
Applies in municipalities
PROBLEM:
GOAL SAND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
A violation of Chapter 54 is a Class A violation.
F:\LAW\BILLS\1713 Vet Property Tax Credit\LRR.Docx
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MONTGOMERY COUNTY COUNCIL
ROCKVIL. L.E, MARYLA ND
SIDNE Y A. KATZ
COUNCI L.MEMBE R· DISTRIC T 3
MEMO RAND UM
TO:
County Council
FROM: Councilmember Sidney
Katz
DATE: May 9, 2017
RE:
r!,?,-
Jn
Bill regarding Hotel Swimming Pools
Presently, in Montgomery County, our 36 hotel pools may only be open for swimming
if
a
qualified lifeguard is present and on duty. This presents a costly burden for our hospitality
industry that is not faced by our jurisdictional neighbors. That's because Montgomery County is
one of only two jurisdictions in Maryland that impose this requirement.
1
Local hotels are
choosing to close their pools altogether rather than upset patrons with limited hours and, when
tourists are choosing where to stay, this can put our county at a disadvantage whenever guests
are seeking this important amenity.
2
On Tuesday, May 16
th,
my office
will
introduce the attached legislation which allows registered
guests to use their hotel pool when a lifeguard is not present, as long as there is (1)
appropriately posted signage that swimming is at one's own ·risk and (2) an emergency alert
system installed in the pool area to summon help. All hotel properties must have a CPR and
First-Aid certified employee on-site at all times to provide quick intervention while awaiting
rescue authorities. This proposal enhances measures that have recently passed in Anne Arundel
and Prince George's Counties and the bill that is pending in Baltimore County right now.
Nearby jurisdictions that allow hotel guests to swim at their own risk have reported no increase
in pool-related injuries, even in our tourist hotspot of Ocean City. Our goal with this proposal is
to strike a better balance without jeopardizing the safety of our visitors. We hope you
will
support this sensible measure.
·
The other Jurisdiction is Baltimore County where Bill 22-17
(http://resources.baltlmorecountymd.gov/Documents/CountyCouncll/blfls%2020l7/b02217.pdf) Is currently
pending to change this rule. The District of Columbia also allows hotel guests to swim at their own risk.
2
Local hotels pay lifeguards several thousand dollars per year to staff potentially empty pools. Please ask our
office for more data on local pool operations and costs.
100
MARYLAND
AVENUE, 6TH FL.OOR • ROCKVIL. L.E,
MARYL.AND
2.0850
2.40-777 •7906 • TTY 240-777 -7914 •
FAX
240-777 -7989 •
COUNCIL .MEMBER .KATZ@M
ONTGOM ERYCOUN TYMD.GO V
@PRINTE D ON
RECYCLED
PAPER
1
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ROCKVILLE, MARYLA.t~D
MEMORANDUM
June 2, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hu
, irector, Office of Management an~J!udget
Alexandre A. Es ·nosa, Director, Department ofFinand~\V-
FEIS for Council Expedited Bill 16-17, Swimming Pools-Lifeguards-
Amendments
SUBJECT:
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:mc
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lily Qi, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant
to
the County Executive
Patrick Lacefield, Director, Public
Information
Office
David Platt, Department of Finance
Clark Beil, Health and Human Services
Kenneth Welch, Health and Human Services
Joshua Watters, Office of Management and Budget
Naeem
Mia,
Office of Management and Budget
(])
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Fiscal Impact Statement
Bill 16-17
Swimming Pools
-
Lifeguards
-
Amendments
1. Legislative Summary
Expedited Bill 16-17 exempts public pools
at
hostels from the requirement to have a
lifeguard on duty, under specified circumstances. Instead, the bill requires that the hostel
post certain warning signs, and the pool area must have a functional and visible
emergency alert system.
"Hostel" includes hotels, motels, tourist courts, motor courts, tourist camps, and similar
establishments such as apartment hotels, where lodging or lodging and meals are
provided or offered to three or more transient visitors.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
No changes in revenues or expenditures are expected, as the bill's provisions would not
affect existing licensing and inspection processes.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Not applicable. See #2.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable.
5. An estimate of expenditures related to County's information technology (IT) systems,
including Enterprise Resource Planning (ERP) systems.
No additional expenditures related to County's information technology systems are
expected.
6. Later actions that may affect future revenue and expenditures if the bill authorizes future
spending.
Not applicable. Bill 16-17 does not authorize future spending.
7.
An
estimate of the staff time needed to implement the bill.
No additional staff time is needed
to
implement the bill's provisions.
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8.
An
explan ation of how the additio n of new staff responsibilities would affect other duties.
No new staff responsibilities are require d to implem ent the bill's provisi ons.
9. An estimat e of costs when
an
additio nal approp riation is needed.
Not applica ble.
10. A descrip tion of any variabl e that could affect revenu e and cost estimates.
Not applicable.
11. Ranges
of
revenu e or expend itures that are uncerta in or difficult to project.
Not applica ble.
12. If a bill
is
likely to have no fiscal impact , why that is the case.
The
bill's
provisi ons would not affect existin g licensing and inspect ion process es.
13. Other fiscal impact s or comments.
Not applicable.
14. The followi ng contributed to and concur red with this analysis:
Kennet h Welch, Enviro nmenta l Health Manag er, DHHS
Clark Beil, Senior Admin istrator , Licens ure and Regulatory Service s, DHHS
Joshua Watter s, Senior Manag ement and Budget Specialist,
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Jennifer
A.
Hughe wDirec tor
Offi~~.-0f Manag ement and Budget
Date
®
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Economic Impact Statement
Bill 16-17, Swimming Pools
-Lifeguards
-
Amendments
.Background:
Expedited Bill 16-17 would exempt public pools at hostels from the requirement to have
a
lifeguard on duty present when the pool is open for use; require exempted public pools to meet
certain criteria, including posting certain
warning
signs; and require exempted pools to have an
emergency alert system. Chapter 54-1 of Montgomery County Code defines a "hostel" as any
building or portion thereof or any group of buildings where, for compensation , lodging
or
lodging and meals are provided or offered to
3
or more transient visitors, including hotels,
motels, tourist courts, motor courts, tourist camps and similar establishment s such as apartment
hotels.
Presently, in Montgomery County, 36 hotel pools fit the hostel criteria and may only be open for
swimming if
a
qualified lifeguard is present and on duty. Montgomery County
is
one of only
nvo jurisdictions in Maryland that imposes this requirement. The objective of the legislation is
to maintain economic competitivene ss in the tourism industry without unduly jeopardizing the
safety of visitors. Similar legislation has recently passed in Anne Arundel and Prince George's
Counties and
a
related bill is currently pending in Baltimore County.
1. The
sources
of
information, assumptions, and methodologies used.
Lifeguard Effectiveness:
A
Report of the Working Group, Centers for Disease Control
and
Prevention (CDC)
The total estin1ated annual life guard costs for the approximate 36 pools
in
the County that fit
1
the hostel criteria that are under 2,500 square feet are collectively $600,000.
2. A description of any variable that
could
affect the economic impact estimates.
The Centers for Disease Control and Prevention helps community and local government
officials facing decisions about whether to begin, retain, or discontinue lifeguarding services
answer questions regarding the efficacy of lifeguards in preventing dro'\\ning and other
aquatic mishaps, and whether the value of providing lifeguard protection oun.veighs the costs.
County specific studies detailing the benefits and costs at smaller hotel pools have not been
conducted. Broader scope studies note public safety education and onsite supervision by
lifeguards have helped keep dro\\ning rates low for
50
years
but
do not address the need for
lifeguards as a function of the size of the pools and their square footage. Variables that could
affect economic impact estimates include:
· the incidences of water-related injuries and drownings at the facilities over time;
· the number of water-related injuries and dm~vnings at pools in the County with and
without
lifeguards;
· insurance liability premiums and the associated legal costs for maintaining
unsupervised pools;
1
from Council member Katz's office and memo to the County Council dated May 9, 2017
1 of2
®
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Economic Impact Statement
Bill 16-17, Swimming Pools - Lifeguards - Amendments
· variability in lifeguard salaries and staffing complements.
3.
The
Bill's positive or negative effect,
if
any
on employment, spending, savings,
investment, incomes, and property values in the County.
If
all the hotels/hostels eliminate lifeguards as defined in Bill 16-17, there is a potential
economic benefit in cost savings for the hotels of approximately $16,666 annually per pool
location
($600,000
divided
by 36).
The broader impact
to economic
competitiveness of the
County's tourism
industry
because of increased availability of pool use for hotel guests is
difficult to assess without additional specificity of data. There is a corresponding economic
cost
to the
lifeguards who will
no
longer be employed at these locations with an. equivalent
loss in wages
and
salary. The impact to employment, spending, savings, investment,
incomes, and
property
values beyond the scope of select lifeguard employment
would
be
negligible.
4.
If
a Bill is likely to have no economic impact, why
is
that the case?
Sec
number
3.
5. The foHowing contributed to or concurred with this analysis:
David
Platt,
Dennis Heu.nan, and Rob Hagedoom, Finance.
/1#£t~A.---~-
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-
Alexandre A;·Espinosa, Director
Department of Finance
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TESTIM ONY ON BEHALF OF COUNTY EXECUT IVE ISIAH LEGGETT ON
EXPEDIT ED BILL 16-17, SWIMMI NG POOLS -LIFEGU ARDS -AMEND MENTS
June 20, 2017
Good afternoon Council President Berliner and Council Members. My name is Clark Beil, I am
the Senior Administr ator for Licensing and Regulator y Services at the Departme nt of Health and
Human Services, and I am here to testify on behalf of County Executive Isiah Leggett in support
of Expedited Bill 16-17 on behalf of the Executive Branch.
Expedited Bill 16-17 would exempt certain pools at hostels, defined to include hotels, from the
requirement to have a lifeguard on duty when the pool is open for use. The bill includes
requirements for safety and warning signs, as well as an emergenc y alert system that connects
directly to 9-1-1 and alerts hotel staff of the emergency. This emergenc y alert system must be
approved by the Departme nt of Health and Human Services; if any of these safety protocols are
not in place or are not followed, the County will withhold the pool license and the pool will not
be allowed to open. In 2016, Anne Arundel County and Prince George's County passed similar
bills exempting hotel and motel pools from having a lifeguard on duty. The bill being considered
here today goes further than those bills to protect pool users by requiring the alarm system to be
in place at each hotel pool.
Other health and safety measures are not changed by this bill: if it is enacted, water quality will
continue to be monitored and county pool inspectors will continue to require hourly testing and
remediation within 15 minutes if chemical and pH levels fall out of range.
The safety and well-being of swimmers is of utmost importance to the County. Licensing and
Regulatory Services is responsible for licensing and inspecting swimming pools in the County,
including those located at hotels and motels. But Montgom ery County is one of only two
jurisdictions in Maryland to impose this requirement. We recognize that requiring our hotel
pools to have a qualified lifeguard on duty presents a costly burden for our hospitality industry.
If hotel pools are closed due to this requirement, our hotels will be placed at a competitive
disadvantage.
For these reasons, the Montgom ery County Executive Branch supports the adoption of Expedited
Bill 16-17.
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Maryland Hotel Lodging Association
20
Ridgely Ave., STE
309,
Annapolis, MD
21401
Phone:
410-974-4472
Email: mhla@MDLodging.org
Web: www.MDLodging.org
v\
TO: Honorable Members of the Montgomery County Council
FROM: Amy Rohrer, Maryland Hotel Lodging Association
RE: Expedited Bill 16-17, Swimming Pools - Lifeguards -Amendment s
POSITION: SUPPORT
As the statewide trade association representing hotels across the state and in Montgomery
County, we support Expedited Bill 16-17, Swimming Pools - Lifeguards - Amendments .
Maryland state regulations do not mandate having a lifeguard at semi-public hotel pools under
2,500 square feet. (COMAR 10.17.01.40) In the majority of our state, hotels determine their
own need for a lifeguard since regulations allow for guests to swim at their own risk when
certain safety requirements are met. The only existing exceptions are Baltimore County and
Montgomery County.
To comply with the lifeguard mandate, hotels typically operate their pools with limited hours.
It is challenging to predict usage and lifeguards often watch empty pools, or the pool is closed
when guests arrive wishing to swim. Eliminating the lifeguard requirement would enable hotels
to extend pool hours and increase guest satisfaction among those who seek out and expect this
amenity.
Our business is competitive and guests have a lot of choices for accommodations within the
D.C. Metro area. In EVERY surrounding jurisdiction - D.C.; Loudon and Fairfax Counties in
Virginia; Frederick, Howard and Prince George's Counties in Maryland - hotels are permitted to
determine their own need for a lifeguard. Eliminating this competitive disadvantage has the
potential to increase rooms booked in Montgomery County, which means increased hotel taxes
and other related visitor spending in the County.
Guest safety is a top priority for hotels, including those located in the 22 Maryland counties
(including Baltimore City) where lifeguards are not required at hotel pools. We comply with
state and local regulations addressing pool construction, accessibility, signage, water quality,
etc. Operators may experience reduced costs when it comes to staffing lifeguards, but it is
important to note this savings will be offset by increased training costs as we will train more of
our own staff in first aid, CPR, and as CPOs (Certified Pools Operators responsible for
monitoring and maintaining water quality). In lieu of a lifeguard, regulations require trained
staff on-site anytime the pool is open. This has an additional benefit to the county, as it
increases the number of citizens trained in these important skills.
MHLA
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11
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We urge your support of Expedited Bill 16-17 and believe passage will be a win-win-win for
Montgomery County in terms of increased occupancy tax and visitor spending, our industry as it
relates to increased guest satisfaction and eliminating a competitive disadvantage, and for our
guests who expect the availability of a pool as an amenity.
Thank you for your consideration.
For further information, contact:
Amy Rohrer
President & CEO
Maryland Hotel Lodging Association
MHLA
Page
12
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Mihill, Amanda
From:
Sent:
To:
Subject:
Attachments:
Amy Rohrer <amy@md lodging.org >
Friday, June 23, 2017 12:43 PM
Mihill, Amanda
Re: Montgome ry County Bill 16-17
Email re Lifeguard sleeping and other issues.pdf
Hi Amanda,
I have attempted to answer all of your questions related to Expedited Bill 16-17 in this email. I am still working
on blacking out all guest and employee names contained in the negative comments received from seven
different hotels in Montgom ery County. I will send the file (nearly 70 pages) as soon as possible. They are
overwhelm ingly related to 1) limited pool hours and/or 2) poor customer service / inattentiveness by the
lifeguard.
A sampling of the guest comments is below:
The lifeguard at the pool was on his phone, did not look about to keep small children safe.
Montgomery County should not control hotel pools.
Great hotel, but due to county laws that force
hotels to contract our lifeguard services, the pool and hot-tub experience is ruined.
Stay in another
county.
The pool was the main reason we decided on this hotel. The
lifeguard sat in the shed most of the time
(both morning and evening lifeguards), and couldn't see the spa.
If
a lifeguard is necessary
-
which
I
don't agree that it is!
-
it isn't working.
Also, the
lifeguard kicked everyone out of the pool with 30
minutes before closing for a 15 minute break.
The kids had been looking forward to it all day and we
had planned our time out. But instead, we ended up having to leave (or wait 15 minutes to get back in
for 15 minutes). The
pool should stay open later
as well.
The pool and lifeguard policy are my only
dislike from the hotel.
Swimming pool close at 8pm! 0 my god!
we stay in many hotel in many place, and all of
those swimming close at 10pm,
if not11pm. Who come back to hotel at 8pm in DC?
Additionally, I have attached an email between a hotel and their pool company. It contains a picture of the
lifeguard sleeping while the pool house doors (with chemicals inside) are wide open and a guest is also
present.
For this particular hotel, the situation has been ongoing with more than one lifeguard and it is
reflective of the experienc e of many.
Our primary reason for wanting Expedited Bill 16-17 to pass is so that we can better serve our guests and not
lose them to surrounding counties that do not mandate lifeguards at hotel pools. Those hotels are able to keep
their pools open longer hours and avoid negative customer service experiences as a result of interaction with a
lifeguard who is not trained to our own customer service and various brand standards. The guest is not aware
that the lifeguard is not a hotel employee, nor should it matter. Poor reviews related to the inattentiveness and
customer service of lifeguards impact our overall hotel scores and negatively impact the guest experience. A
dissatisfied guest is highly unlikely to return and all it takes is one bad experience. We are not suggesting every
lifeguard displays poor customer service skills, but their interpersonal skills and professionalism vary
greatly. We see high turnover among lifeguards which creates an additional training challenge. We value our
1
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partnerships with the pool companies and try to work with them to enhance custo
mer service at every
opportunity, but the guest comments speak for themselves on this issue.
As you know, most Maryland counties have allowed hotel guests to swim at
their own risk for many years and
it has not compromised guest safety in hotel pools across the state. When Balti
more City, Anne Arundel
County, and Prince George's County recently changed their regulations to allow
this, they looked to other
Maryland counties for the safety records at hotel pools. While swimming is an
activity that will always involve
some risk, those counties would not have passed their legislation if anything
indicated a hotel pool with a
lifeguard is safer than one without it. Running a hotel means we must constantly
balance meeting the needs of
our guests while protecting their safety inside the hotel at all times.
It is hard to predi ct usage in hotel pools that aren't used frequently, which is often
when it makes more sense to
give guests the option of knowingly swimming at their own risk. Guarding an
empty pool leads to lifeguards
used to having time on their laptops, phones, or sleeping. This is reflected in
the guest comments multiple times
and shows the behavior continues even when guests are present. A lifeguard
who is not paying attention to the
pool may in fact lead to a false sense of security for those who are swimming
.
Every hotel varies when considering the location of the pool and the guests who
are using it. In jurisdictions
that do not mand ate lifeguards, there are hotels that have continued to use them
during peak periods of pool use,
during high occupancy, or when it is known that a group with many kids will
be using the pool. Staffing
lifeguards is not just for safety but also for crowd control as kids tend to show
off to each other and act
differently when they are in a large group. This is similar to increasing the polic
e/security presence at a large
event. These decisions speak to our responsibility as hotel operators and the
fact that we know what is best at
our specific properties.
The cost and sometimes the availability of lifeguards are the two things that make
it prohibitive for hotels to
open their pools for longer hours. Availability is toughest during the summer,
and there are times when
someone calls off without a replacement, which also leads to a closed pool.
Estimated annual lifeguard costs are below.
However,
I
want to be clear that
eliminating the lifeguard
requirement is NOT about compromising guest safet y in order for us to
save money.
This data is from
Montgomery Coun ty hotels that are currently limiting their hours due to the lifegu
ard requirement, and the
hours can vary greatly from one hotel to the next. For hotels that continue to
use a lifeguard, their cost would
likely remain as it is currently.
Year-round indoor pool: Average annual cost is $44,128 with a range from $25,0
00-$69,850
Outdoor seasonal pool: Average annual cost is $15,804 with a range from $10,0
00-$27,834
Thank you for the opportunity to provide this information. Please reach out ifl
can be of further assistance.
Amy W. Rohrer, CAE
President
&
CEO
Maryland Hotel Lodging Association
Mobile 443-822-4693
amy@MDLodging.org
www.MDLodging.org
Note our new address:
20 Ridgely Ave., Suite 309
Annapolis, MD 21401
2
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Testimony
Statement by
Xitlaly Castillo-Dietz
General Manager, Hampton Inn & Suites Gaithersburg on Expedited
Bill
16-17, Swimming Pools -
Lifeguards - Amendments
Good afternoon,
My name is Xitlaly Castillo-Dietz; I am the General Manager for the Hampton Inn
&
Suites Hotel
located at 960 N Frederick, Gaithersburg, MD. 20879. I am here to bare testimony in favor of
Expedited Bill 16-17, Swimming Pools
-
Lifeguards
-
Amendments.
Personal Experience
I have worked in the hotel industry since 1994; during my career I have worked in Mexico and in the
United States. In the US, I have held posts in Virginia, DC and Maryland. The vast majority of
those hotel properties operate under rules similar to what
Expedited Bill 16-17, Swimming Pools
-
Lifeguards
-
Amendments would allow.
My number one goal everywhere I have worked has
always been to create happy customers who want to come back. This amendment would help us to
---a~~@ITFfttS?Ficha=t=g€1-a=l=.~===~~~==~~=~~=~=-=
=-=-=~=====~=~===~- =--c~~
As you know, The Hampton Inn and Suites where I work and other hotels in Montgomery County
compete with properties in both Frederick MD north of us and plenty of other locations in and
around the District of Columbia to the south and east where hotel pools are allowed to operate
without a lifeguard present.
My current hotel offers clean rooms, a tasty breakfast buffet, and 24 hour convenience store, a
complete business center and fitness center. We also have a salt-water pool, but we currently cannot
allow our guests to swim at their leisure.
My staff and I receive complaints daily about the hours of operation of our beautiful salt-water pool.
In my opinion, the Montgomery County regulation (lifeguard requirement) is a big obstacle to
compete with other localities.
Our Hotel follows the Safety guidelines necessary to have a positive and safe pool experience. Our
Front Desk employees are CPR certified and we have a Pool Operator on site.
Conclusion
I am asking you to consider the business ramifications of having this ordinance; as we compete with
neighboring localities. How do we offer the best service to our guests? How do we stay competitive?
We already follow more than the basic requirements of Pool Safety and have trained our staff to
respond to emergencies. We want to be more competitive and to give our guests access to more
services.
Sincerely,
Xitlaly Castillo-Dietz
@
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Good Afternoon Cotmcil Members,
I am writing to you as members of Montgomery County Council to request that you please vote in favor, in its
entirety, for the Expedit ed Bill 16-17, Swimming Pools - Lifeguards - Amendments.
As a resident of Montgomery County and General Manager of the Bethesda Marriott on Pooks Hill Road
I
strongly urge you to support this bill.
At Marriott Hotels the safety of our employees and guests comes first and we strongly believe that requesting
that our guests should be able to swim at their own risk will in no way compromise this. We will ensure that the
water quality is maintain ed to the highest Montgomery County and Marriott standards with oversight from a
certified pool operato r who will be on site at all times when the pool is open. In addition, per Marriott brand
standards we have staff trained in CPR, first aid, AED and life safety 24 hours a day 365 days a year, which
includes having a manage r on duty. Should there be any pool emergency or a situation requiring the pool to be
closed, we have
a
clearly marked telephone available at the pool which goes directly to our hotel operator, also
covered 24 hours a day. The hotel operator would then immediately contact the manager on duty to respond and
take the necessary actions for the safety of our guests.
Additionally, we will staff life guards as necessary when we expect heavy pool usage. This includes when we
have youth groups staying in the hotel while visiting the local area and DC. We of course will be sure to work
with those organizers to ensure that we have life guards on duty when they are utilizing the pool.
As a father of 5 active teenagers
I
have spent many nights travelling with my fan1ily. It has always been a
request of my kids that we stax at a hotel with a pool. One time when they were younger we were staying at a
hotel with a pool and after a day of activities
we
came back to the hotel at around 3pm and headed to the pool.
Much to my families dismay the pool was closed. Apparently they didn't have the pool open until 5pm that
evening when
a
lifeguar d would be on duty. As you can imagine my 5 kids were very disappointed and it ruined
our trip. Following that experience
I
always make sure the hotel pool is open at all hours before making hotel
reservations. Restrict ing hotels in Montgomery County to have lifeguards puts us at a competitive disadvantage
to other surrounding counties as they are able to keep their pools open at all times without a lifeguard on duty.
Again,
I
strongly urge you to Supp01i this bill and keep Montgomery hotels competitive with our neighboring
counties and provide superior service and a safe environment for guests. Thank you for your time and attention
to this extremely important matter.
David Child
Montgomery County Resident
12612 Exchange Court N01ih
Potomac,
MD
20854
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5058987 incoming attachme nt 110176 20170619 E-Mail Message 2017-06- 16 03-58PM.html
---
From:
Berliner's Office, Counc ilmemb er [Councilmember.Berliner@montgomerycountymd.gov]
Sent:
Friday, June 16, 2017 3:58:00 PM
To:
Counc il President
Subject:
FW: Expedi ted Bill 16-17, Swimm ing Pools - Lifeguards - Amend ments
-------- --
- - - -
From:
Daley, Bob [mailto:Bob.Daley@marriott.com]
Sent:
Friday, June 16, 2017 3:45 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>
Subject:
Expedited Bill 16-17, Swimming Pools - Lifeguards -Amend ments
Good Aftern oon Roger,
It was great to see you again Wedne sday night. I am writing to you as a membe r of the Montg omery
County
Counc il to reques t that you please vote in favor, in its entirety, for the Expedi ted Bill 16-17, Swimm ing
Pools -
Lifegu ards - Amend ments.
As a residen t of Montg omery County and Genera l Manag er of the Bethes da North Marrio tt Hotel and
Montg omery County Confer ence Center, I strongl y urge you to support this bill.
At Marrio tt Hotels the safety of our employees and guests comes first and we strongl y believe that reques
ting
that our guests should be able to swim at their own risk will in no way compro mise this. We will ensure
that the
water quality is mainta ined to the highes t Montg omery County and Marrio tt standards with oversight
from a
certifie d pool operato r who will be on site at all times when the pool is open. In addition, per Marrio
tt brand
standards we have staff trained in CPR, first aid, AED and life safety 24 hours a day 365 days a year,
which
include s having a manag er on duty. Should there be any pool emergency or a situation requiring the
pool to be
closed, we have a clearly marked telephone available at the pool which goes directly to our hotel operato
r, also
covere d 24 hours a day. The hotel operato r would then immediately contact the manag er on duty to respon
d and
take the necess ary actions for the safety of our guests.
Additionally, we will staff life guards as necess ary when we expect heavy pool usage. This includes
when we
have youth groups staying in the hotel while visiting the local area and DC. We of course will be sure
to work
with those organizers to ensure that we have life guards on duty when they are utilizin g the pool.
A swimm ing pool is a valued amenity to our guests and with the large numbe r of tour groups of all ages
visiting the Nation 's Capitol, the ability to relax in a pool at the end of the day, is a huge draw. I strongl
y urge
you to Suppor t this bill and keep Montg omery County hotels competitive with our neighb oring countie
s and
provid e superio r service and a safe enviro nment for guests. Thank you for your time and attention to
this
extrem ely important matter.
Regard s and have a great weekend.
Bob Daley
Montg omery County Reside nt
990 I Carme lita Drive
Potom ac, MD 20854
®
file:///F :/LAW/BILLS/1716%20swimming%20pools/lQ/Print/5058987%20incoming%20attachment
%20110176%2020170619%20F-M::
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5059029 incomin g attachment 110220 201706 20 E-Mail Messag e 2017-06-19
02-37PM.html
From:
Berliner's Office, Counc ilmem ber [Councilmember.Berliner@montgomerycounty
md.gov]
Sent:
Monday, June 19, 2017 2:37:20 PM
To:
Council President
Subject:
FW: hearing on Bill 16-17 tomorrow
- - - - - ~ - - - - - - - - ~-----
From:
Doherty, Katie [mailto:Katie.Doherty@bfsaul.com]
Sent:
Monday, June 19, 2017 2:32 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycounty
md.gov>
Subject:
hearing on Bill 16-17 tomor row
Importance:
High
Dear Honorable Counci l President Berliner,
I am writing in reference to bill 16-17 being heard tomorrow. Thank you so much
for co-sponsoring the bill.
Maryland state regulations do not manda te having a lifeguard at semi-p ublic pools
under 2,500 sq. and less than 5 ft. in depth.
Baltimore County and Montgomery County are the only two counties in the state
that do not allow hotel guests to swim at their
own risk.
Eliminating the lifeguard requirement would enable hotels to extend pool hours
and increase guest satisfaction among those
who seek out this amenity, allowing occupancy, tax related revenue and visitor
spending in the county to rise.
Passage of this bill would level the playing field between Montgo mery County hotels
and hotels in the surrounding area that
currently have a competitive advantage of determining their own need for a lifeguar
d.
As operators guest safety is among our highest priorities. We are required to mainta
in a safe pool environment and ensure all
rules and regulations are followed. Safety signage must be in place and hotel staff
is required to be trained in first aid, CPR and
AED usage.
A certified pool operator (CPO) is required onsite when the pool is open and that
person is responsible for monitoring and
maintaining water quality at all times.
I am also a resident of Montg omery Count y my home address is
4616 Bettswood Dr.
Olney, md 20832
Katie Dohe rty
I
General Mana ger
Holiday Inn Gaithe rsburg
2
Montgo mery Village Avenue
Gaithersburg, Maryla nd
20878
Phone:
240.238.1101
Katie. Dohert y@bfsa ul.com
Visit Website
file :///F :/LAW/BILLS/1716%20swimming%20pools/lQ/Print/5059029%20incomi
ng%20attachment%20110220%2020170620%20E-Mail%20Mess;:i
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Mihill, Amanda
From:
Sent:
To:
Cc:
Subject:
Daniel Mald onad o <Daniel.Maldonado@whitelodging.com>
Frida~,. May 19, 2017 6:44 PM
Courny.Council@MontgomeryCountyMD.gov
Michr< ~I Swanigan
Supp o:t for Expedited Bill 16-17, Swimming Pool s- Lifeguards-Ame
ndments
Dear esteemed council members,
It
has come to my attention that there has been a proposal to exempt
lodging establishments from requiring a
lifeguard at their swimming pools as long as certain saftey standards
are upheld. I would like to take this
opportunity to voice my support for this propsed ammendment. As the
general manager of the Hilton Garden
Inn Silver Spring Nort h I have seen first hand the negative affects the
current regulations have had on our guest
experience and ultimately our ability to be competitive in a highly comp
etitive market. With the current
regulations, we have been forced to limit the hours of operation of our
swimming pool to a mere five hours a
day, greatly affecting the guest experiance and for all intent and purp
oses, forcing potential leisure guest to
book elsewhere.
I full heartedly express my support for the propsed changes and hope
that the coucil members would agree that
a strong competetive toursim industry is a benefit not only to those work
ing directly in the industry, but also to
all of those who feel the long reaching economic benefits of the adde
d revenues and tax dollars the industry
contributes to help our communities thrive.
Thank you for your time and consideration.
Sincerely,
Daniel Maldonado
I
General Manager
Hilton Garden Inn Silve r Spring North
2200 Broadbirch Dr. Silver Spring, MD 20904
P: 301-622-3333 / F: 301-622--3338
Daniel.Maldonado@Whitelodging.com
This communication contains information from White Lodging Services
Corporation and/or its affiliated
companies that may be proprietary, confidential or privileged. Except
for personal use by the intended recipient,
or as expressly authorized by the sender, any person who receives this
information is prohibited from
disclosing, copying, distributing, and/or using it.
If
you have received
this communication in error, please
immediately delete it and all copies, and promptly notify the sender.
Nothing in this communication is intended
to operate as an electronic signature under applicable law.
This email has been scanned for email related threats and delive
red safely by Mimecast.
For more information please visit http://www.mimecast.com
1
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7/6/2017
5059030 incoming attachmen t 110221 20170620 E-Mail Message 2017-06-19 03-16PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgornerycountymd.gov]
Sent:
Monday, June 19, 2017 3:16:26 PM
To:
Council President
Subject:
FW: Montgo mery County Hotel Lifeguard Bill
··--·------- ---·---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · · - - - -
-
----·-----· ---·------- --
---·----- --------- --------- ---------
From:
Roth, Marty [mailto:m arty.roth @marrio tt.com]
Sent:
Monday, June
19, 2017 2:58
PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>
Subject:
Montgom ery County Hotel Lifeguard Bill
Good Afternoon Honorable Council President Berliner,
I am writing to you as a member of the Montgom ery County Council to request that you please vote in favor, in its
entirety, for the Expedited Bill
16-17,
Swimming Pools - Lifeguards -Amend ments.
As a resident of Montgom ery County and General Manager of the Bethesda Suites Marriott on Democracy Boulevar
d, I
strongly urge you to support this bill.
At Marriott Hotels, the safety of our employees and guests comes first and we strongly believe that requesting that
our
guests should be able to swim at their own risk will in no way compromise this. We will ensure that the water quality
is
maintained to the highest Montgom ery County and Marriott standards with oversight from a certified pool operator
who
will be on site at all times when the pool is open. In addition, per Marriott brand standards we have staff trained
in CPR,
first aid, AED and life safety
24
hours a day
365
days a year, which includes having a manager on duty. Should there
be
any pool emergency or a situation requiring the pool to be closed, we have a clearly marked telephone available
at the
pool which goes directly to our hotel operator, also covered
24
hours a day. The hotel operator would then immedia
tely
contact the manager on duty to respond and take the necessary actions for the safety of our guests. Additionally,
we will
staff life guards as necessary when we expect heavy pool usage.
Again, I strongly urge you to
support
this bill and keep Montgom ery hotels competit ive with our neighboring counties
as
well as enabling hotels to extend pool hours and increase guest satisfaction among those who seek out this amenity,
allowing occCJpancy, tax related revenue and visitor spending in the county to rise. Thank you for your time and attention
to this extremely importan t matter.
Marty Roth
Montgom ery County Resident
14810
Pettit Way
Potomac, MD
20854
:M.arty
Marty Roth
General Manager
Bethesda Suites Marriott Hotel
fileJ//F:/LA W/BILLS/1 716%20sw imming%20 pools/lQ/Pr int/505903 0%20incom ing%20atta chment%2 0110221
%2020170 6?
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7/6/2017
5059067 incoming attachment 110259 20170621 E-Mail Message 2017-0
6-20 01-25PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgome
rycountymd.gov]
Sent:
Tuesday, June 20, 2017 1:25:07 PM
To:
Council President
Subject:
FW: Hilton Garden Inn Bethesda
From:
Tamara Williams [mailt o:Tam ara.\i illiam s@Hi lton.c om]
Sent:
Tuesday, June 20, 2017 1:10 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montg
omerycountymd.gov>
Subject:
Hilton Garden Inn Bethesda
Dear Honorable Council President Berliner,
Thank you for co-sponsoring this legislative.
I am the General Manager at the Hilton Garden Inn Bethesda hotel. I am
writin g to inform you that my hotel is
in support of the Mont gome ry County Lifeguard Bill.
My pool meets the mandate requirements for this legislative. Mont gome
ry County and Baltimore County are
the only two counties in the state that do not allow hotel guests to swim
at their own risk.
The Hilton Garden Inn Bethesda has one indoor pool open daily to hotel
guests only. Since, I began working at
this prope rty in 2011, guests have consistently requested extended hours
for our pool. They have limited time
in the city and want timeframes that work best for their family
and/o r work schedule.
Currently, this is not possible as a result of the current lifeguard requireme
nt. When explaining to guests abou t
this requi reme nt they get extremely frustrated and just don't understan
d why other hotels they have visited in
the surrounding area can and we can't.
In this case, the guests eithe r want compensation for the inconvenience
or they just don't return.
By eliminating this lifeguard requirement would allow us to extend our
hours, improve our guest satisfaction
and allow our occupancy tax revenue and visitor spending to rise.
As the General Manager of the Hilton Garden Inn Bethesda guests safet
y is our highest priority. Our
management company and the Hilton Brand requires that we maintain
a safe pool environment and ensure all
rules and regulations are followed 100% of the time.
We curre ntly have safety signage in place and the hotel staff is required
to be trained on first aid, CPR and AED
usage. In addition, to the passing of the new legislative we woul d add to
this a certified pool operator. This
person would always be onsite when the pool is open and be
responsible for moni toring and maintaining water quali ty at all times.
Thank you for this oppo rtuni ty to make the service we provide to our guest
even greater.
Tamara Williams
General Manager
file:///F:/LAW/BILLS/1716%20swimming%20pools/lQ/Print/5059067%
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Mihill, Amanda
From:
Sent:
To:
Subject:
Auteen Bahrami <abahr ami@su nsetpoo lsmgmt .com>
Thursday, May 18, 2017 4:16 PM
Cou nty.Cou nci l@mon tgomer ycou ntymd .gov
Sunset Pool Concerns about Expedited Bill 16 - 17
To the Honorab le Council ,
There is an Expedite d Bill that was introduced yesterda y regardin g the safety of Montgom ery County
residents and tourists that requires your
immediate attention. As an established pool managem ent company that has been in business for over
20 years and employs hundred s of
lifeguards to protect the lives and safety of pool patrons for over 150 swimmin g pool facilities in Montgom
ery County, we are highly
concerned that Expedite d Bill No. 16 - 17 will have a damagin g effect that will last for years. This
Bill is not only disregar ding the reality of
all the drownin g incident s that were prevented by lifeguards in hotels in Montgom ery County, but it
is also disregard ing the negative impact
it would have on tourism which depends on a clean, secure, and healthy environm ent for the tourists.
There would also be hundred s offull-
time year-rou nd jobs lost at indoor pools in Montgom ery County.
A safe and healthy environm ent is a universal standard no matter the State, County, or Country an individu
al lives in.
It
makes all the
difference when a person chooses where they would like to visit or live. The reason Montgom ery County
is so much more affluent, clean, and
enjoyable to live in when compare d with the rest of the Counties in Marylan d or other States, is because
they have upheld a higher standard
of living for everyone who lives or visits there. Everyon e cares about their health and safety more than
the extra hour they may have been
able to spend in a hotel pool that closed at 11 :00pm instead of 12:00am. In fact, pools in PG and Anne
Arundel Counties still have limited
hours even after they removed their lifeguards.
There are always commen ts and letters being written to hotel manager s by their custome rs who complim
ent them about the superior quality
of their swimmin g pools compare d to others that did not have a lifeguard on duty. Hotel custome rs
also compliment the presence of
lifeguards because they play an importan t role in keeping the custome rs safe from each other when
there are large parties of children or adults
under the influenc e of toxic substanc es who are breaking the rules and disturbin g the other guests who
are trying to relax at the pool. I have
attached some of these commen ts to show how discernin g custome rs expect a higher standard of service
when they visit a hotel and it is
lifeguards who provide the level of safety and cleanline ss they expect to see at the pool. Anyone who
has spent time with their family and
friends at a pool knows how difficult it is to keep track of everyone , which is why lifeguards make
their stay at those hotels so much more
enjoyable, because of the unparall eled level of safety and cleanline ss that they provide.
In just the past year, our company alone has rescued over 10 individuals from indoor pools in Marylan
d. Of the 10 rescues, 6 were adults
from Montgom ery County who had to be rescued from drownin g and in another jurisdict ion there were
2 children that had to have CPR and
Rescue Breathin g administ ered until paramed ics arrived on the scene. Even though Baltimor e City
had passed their lifeguard amendm ents,
the hotel where the 2 children were saved with CPR and Rescue Breathin g had opted to keep their
lifeguard. The Memora ndum by
Councilm an Katz stated that there were no increases in pool-rela ted injuries in nearby jurisdict ions;
however this would not have been the
case if the 2 children had died as a result of drownin g a few months after the passage of their Bill. Even
the doctors from the hospital
acknowl edged that if there had not been a lifeguard at the scene exactly within the 30 seconds that
the incident occurred , both of the children
would have been deceased or permane ntly brain-da maged.
The amendm ents introduc ed in this Bill would significa ntly reduce the most importan t layer of protectio
n that a swimmin g pool has, which is
to have a professio nally trained and certified lifeguard present at the swimmin g pool during all the
operatio nal hours of the facility. The
emergency alarm system that the Bill proposes in exchang e for deregula tion of lifeguards does not
address the issue of a need for immediate
rescue procedur es to be impleme nted in the case of an emergen cy, as was the case with the 10 individu
als who our lifeguards rescued from
indoor pools in Marylan d in just the past year alone.
1
@)
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If any of these individuals who were rescued, or their family members and friends are asked if this Bill should be passed,
all of their answers
would resoundingly be "no, do not pass this bill." Those individuals are alive and continuing their daily work as residents
of Montgomery
County thanks to the clear-vision and caring lawmakers such as yourselves who have upheld a higher standard of living in
Montgomery
County so that it continues to be a safe, secure, and prosperous County that attracts similar minded individuals to live and
visit there.
There are laws regulating the sanitary delivery of public tap water so that nobody gets sick when using it. Similarly, there
are laws regulating
the sanitary use of swimming pool water, but with the current level of staffing of Montgomery Count Health Inspector officials,
it would be
nearly impossible for the County to frequently ensure the sanitary practices of swimming pools open to the public. Swimming
pools are
extremely unsanitary unless there is constant supervision of the water quality and disinfectant levels during all the operationa
l hours of the
day. A building engineer who visits the pool once every other hour to measure the disinfectant and pH levels of the water
does not ensure
sanitary water that is free of pathogens contained in the various forms of human discharge during swimming pool use.
As uncomfortable as it may sound, if there is no constant supervision of the swimming pool, a customer might vomit, bleed,
pass stool, or
have any other number of bodily fluid discharges that infect the pool without detection. Most of these fluid discharges go
unnoticed because
of their natural tendency to dissolve in water, so the pool users who unknowingly enter the pool after the incident would be
swimming in
intensely contaminated water. If a meal at a restaurant gives someone stomach virus, that person is not likely to return to
that restaurant ever
again, and the same will go for hotels and their hotel chains. With the passage of this Bill, hotels will actually suffer a worse
economic fate
when an incident occurs and they begin to lose a large percentage of their customer base due to the loss of trust between the
hotel chain and
their customers.
a
Part of the reasoning put forth in support of the Bill states that since another jurisdiction in Maryland has adopted this amendmen
t a year ago,
they have not reported any rise in pool-related injuries. This is not the case, because as was mentioned earlier, within a couple
months of the
Bill being passed in Baltimore City, 2 children in one of their hotels were saved by one of our lifeguards. That hotel was also
going to remove
the lifeguard from their facility after the passage of the Bill, but firmly decided not to after they saw the risk that it entails.
There are literally
hundreds of incidents such as these that go unreported every year. An emergency alarm system would not have saved those
children or the
adults who were alone when they had to be rescued, and if those incidents happened at hotels that opted not to have lifeguards,
those
individuals would not be with us today.
Many of the hotel pools in jurisdictio ns that have opted out of having lifeguards have become so dirty and unsanitary that
their own
customers would not even dare to use them after just one look at them. I have attached some pictures from their pools without
their names
attached to protect their privacy, but one look at these pools yourself and you will see how this is a problem. Filthy pools
have become an
even greater problem for those hotels since the hotel Managers and Engineers are being given extra lifeguarding tasks that
cannot be
reasonably performed by them. Our company is constantly getting calls and requests from Managers and Engineers at these
same hotels in
PG and Anne Arundel Counties complaining that they are being pressured into not having a lifeguard by the hotel owners
when they would
actually prefer to keep them there.
Hotels choose to add a swimming pool amenity to attract customers. Some of these hotels notice that their swimming pools
are not the main
attraction so they decide to close their pools and open something more suitable for their guests such as a ballroom, a meeting
room, a gym, or
a restaurant. Swimming pools are usually closed for these reasons because hotels see a better way to increase their revenue;
they are not
closed because they are a costly burden. Hotels chains continue to build hotels with swimming pools in them, knowing that
they require
lifeguards.
For the past 50 years these rules and regulations have been in effect and have helped to save thousands oflives and created
thousands of jobs
in Montgomery County. It makes no sense to change such a successful program with a distinguished track record of protecting
lives. Thank
you very much for taking the time to review our concerns and I would appreciate the opportunity to meet with you and discuss
these
proposed changes in detail.
2
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Pictures of Hotel Swimming Pools in Maryland Jurisdictions after Lifeguards were Removed are
attached
to this email:
Figure
1
shown above
is
an example of a pool that has
been
allowed
to
get so
dirty
and infected
that algae blooms have taken hold of the
water.
The
cloudiness
also
indicates that the
level
of contaminant
particles
in the water is extremely
high.
This is
a
pool that
has
gone weeks
or months without
proper
water sanitation
levels in addition to pool maintenance.
3
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Figure 2 shown
above is
another example ofan algae
bloom
like the one seen in figure
1, however
what cannot be seen in
this picture
is the
stench of body odor and algae
that
rises with the
mist.from
the hot water of this spa. This spa is beyond disgusting for use and
probably has
more harmful pathogens that
can
be
transmitted between
people than
a stagnant pond of water.
Hotel Customer Comments That Were Shared With Our Company
Below
you
may find some comments
that
hotel managers shared
with
us
in
appreciation of the
work
our company does for them. There are
many comments
such
as these and many are also
shared
on
comments sections
of hotel
search
engines.
Comments
10/10 yvould stay again
4
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Pros: -Clean pool with an on duty life guard -Shuttle service to and from the Metro and Reagan Airport -
Multiple elevators to handle the busy mornings -Hotel is close to a Whole Foods -Baggage holding
service Cons -At busier times it may take a while for the shuttle to pick you up -Wifi was too slow to
use at times (but free)
Comments
Nice Hotel
When we arrived they were very nice at the desk it only took like 2 minutes to check in, we then went to
the room and my grandson wanted to go to the pool, so we did , it was clean and clear and there was a
lifeguard on duty , which was nice because so many times at a hotel pool there is not one , she was so
nice.
"Great place, location and price"
POSITIVE:
The breakfast was ok, the afternoon happy hour was great and the kids loved the pool!
Comments
Good location to Metro, plus good restaurants within walking distance (family)
Breakfasts for the family had good variety, swimming pool attendant (required in VA) was very
cordial, the happy hours we made were a welcome relaxing period from the miles of walking, beds were
comfortable and we were able to store our luggage on the last day at the hotel and see the city without
having to worry about it.
Than you again,
Sincerely,
Auteen Bahrami
Sunset Pool
202-524-6244
abahrami@sunsetpoo/smgmt.com
5
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Dear Council President Berliner,
Thank you for giving me the opportunity to speak at the public hearing in regards to the Expedited Bill 16-17 on
June 20, 2017. I would like to address a few more issues, which I did not have a chance to speak about during the
hearing, due to time restrictions.
During Mr. David Child's (General Manager of Marriott Pooks Hill) testimony at the public hearing, he stated that
there is no need for a Lifeguard, and that hotel staff is equipped to handle any emergencies that may arise. Please
note that hotel staff that is certified is usually entrusted with this task, among many other duties as part oftheir
job description. It is not their sole responsibility to attend only to pool related emergencies, therefore when an
incident may happen; it is not warranted that they will be able to respond to it immediately.
I would also like to bring to your attention an incident that Mr. Child may not be aware of. On May 21
st
2014,
Marriott Pooks Hill had an incident caused by the hotel engineers that mixed hazardous pool chemicals when no
lifeguard was on site. They did so in order to service the pool, however ended up with an evacuated property,
engineers and hotel guests transported to the hospital, over several dozen fire trucks, and several closed streets
for an extended amount oftime. Reason? Toxic gas. All because they took on a task that they were simply not
equipped to handle.
Please note that Sunset Pool is currently managing Mr. Child's pool (Marriott Pooks Hill), and we can inform you
that the pool hours are not nearly as limited as he presented them to be; the pool is open 7 days a week from
6am to 9pm, giving Marriott Pooks Hill hotel guests and their families plenty of time to enjoy the pool. We are not
sure why he misrepresented the pool hours to be so limited, and claimed to have multiple complaints, when the
hours are just as they would be with no lifeguard on duty. The only reason why the hotel does choose to close the
pool at 9pm is the fact that pool location is adjacent to the hotel rooms, and they want to make sure that noise
levels are down.
Amy Rohrer, the representative of Maryland Hotel Lodging Association stated that hotels will continue to have a
lifeguard on staff during the hotel peak hours if they deem it necessary. This promise was also made to the council
members of Prince George's and Anne Arundel counties during the public hearings. Unfortunately, as soon as the
bill passed, all lifeguards were laid off.
Ms. Rohrer also indicated that potential customers may favor other counties over Montgomery, because of
limited pool hours, however counties that do not have the lifeguard requirement also operate on limited pool
hours and are bound by certain restrictions like having a pool operator and a certified First Aid responder on site
at all times. Therefore the restricted operation hours are really not a decisive factor in attracting potential
customers. Note that for every one person who is unhappy about limited hours, there will be another 100 who
will be grateful to have an extra set of eyes making sure that. their loved ones are safe. (Please see comments
from hotel guests and managers attached)
During the hearing a few council members inquired about the expenses that hotels have to bear in order to
comply with the lifeguard requirements.
I would like to provide this information for you in order to show that the claimed expenses are not nearly as
exorbitant as some of these hotels claim. I would also like to point out that the benefits heavily outweigh the cost.
The lifeguard regulations have been in effect for decades. Even after 9/11 and the recession of 2008 lifeguards
worked at these hotels, and were not a financial burden. So why now, STR's 2017 HOST Almanac announced that
U.S. hotel industry revenues exceeded $199 billion in 2016, which was an all-time high that lifeguards suddenly
became intolerable and uncompetitive financially?
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Any property could claim that hiring a lifeguard is financially hurting them; however they have failed to present
evidence of hardship in support of such claims. There is always a cost for operating a lodging business, and
managing the pool is only a small part of it, that is also tax deductible.
Sunset Pool is currently managing 24 hotel pools in Montgomery County. The average annual contract price for
these 24 pools is $32,160. This cost includes all chemicals, insurance expenses/liability, lifeguard and pool
operator services as well as multiple layers of supervision and management accountability. We are in business to
make sure that each and every locations remain safe at all times, and if anything is needed we are always there to
show up and address any issues that may arise.
I would like to finalize with the fact that because we are currently taking full responsibility for all hotel pool
operations, we drastically reduce the cost and liability for their operation in Montgomery County.
Going back to the incident mentioned in the third paragraph of this email, just consider the implications of not
having a lifeguard on duty at all, and how much more expensive it could get for the emergency responders to
show up for this kind of incidents. As for the current requirement for health department, expectation is to check
on the pools once a month, while the pool companies are checking the pools on an hourly basis. We meet and
exceed the current imposed regulations. If the repeal is passed, it would become necessary to engage more
health department employees in keeping watch and control over these locations. Note that it takes only a couple
of minutes for the pool water to become unsafe and endanger patrons and expose them to immediate and long
term harm. It is easier to prevent than to deal with long term consequences. I strongly believe that the council has
all the power and duty to impose high standards to all citizens and business alike to ensure the best quality of
service for each and every person.
Sincerely,
Ari Naderi
Sunset Pool, Inc.
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7/6/2017
5058943 incoming attachment 110131 20170616 E-Mail Message 2017-06-16 12-28PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgomerycountymd.gov]
Sent:
Friday, June 16, 2017 12:28:52 PM
To:
Council President
Subject:
FW: Bill 16-17
From:
Bob Kiani [mailto:bkiani@sunsetpoolsmgmt.com]
Sent:
Thursday, June 15, 2017 9:37 PM
To:
Elrich's Office, Councilmember <Councilmember.Elrich@montgomerycountymd.gov>; Floreen's Office,
Councilmember <Councilmember.Floreen@montgomerycountymd.gov>; Leventhal's Office, Councilmember
<Councilmember.Leventhal@montgomr•rycountymd.gov>; Navarro's Office, Councilmember
<Councilmember.Navarro@montgomer
1
·countymd.gov>; Riemer's Office, Councilmember
<Councilmember.Riemer@montgomery.-.ountymd.gov>; Berliner's Office, Councilmember
<Councilmember.Berliner@montgomerycountymd.gov>; Rice's Office, Councilmember
<Councilmember.Rice@montgomerycountymd.gov>; Hucker's Office, Councilmember
<Councilmember.Hucker@montgomerycountymd.gov>; Katz's Office, Councilmember
<Councilmember.Katz@montgomerycountymd.gov>
Subject:
Bill 16-17
Dear Honorable Councilman and Councilwoman of Montgomery County,
My name is Bob Kiani and I am the Vice President of Sunset Pool, Inc.
Sunset Pool has proudly served the residents and visitors of Montgomery County for the
past 20 years. During this time, our lifeguards have assisted patrons on numerous
occasions, varying from providing basic first aid to assisting in hundreds of active
drowning rescues. Just think about all the lives that were saved because of the lifeguard
that was on duty and prevented the inevitable.
As you may be aware, Baltimore County also considered changing the regulation
for Lifeguard requirements in hotel pools (Baltimore County Bill 22-17), but after
carefully reviewing the risks involved the bill was withdrawn. Both PG County and Anne
Arundel County passed similar legislation last year and are now considering the reversal
of this law, since there has been a good deal of complaints of unsafe swimming
conditions at hotel pools. Arlington County, Fairfax County and the City of Alexandria
require lifeguards at Hotel Pools.
Our company has also received a significant amount of service requests from hotel
managers and engineers that have no lifeguard on duty, requiring our
expertise to balance the pool water, hotel employees who are certified Pool Operators are
unable to manage the hotel pools with out a lifeguard on duty. Hotel pools are constantly
being shut down by the health department for multiple irregularities and non-
compliance.
I urge to vote "NO" to the bill 16-17, by doing so, you will prevent accidents before they
happen.
Thank you for your time and consideration
Bob Kiani
Sunset Pool Management
-
Vice President
0
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Incident Report
Data Courtesy of: Sunset Pool, Inc.
MD
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MON TGO MER Y COU NTY
DIST RES S/AC TIVE DRO WNI NG/R ESC UES * 2012 -201 6
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*
Distress/Active Drowning/Rescues Include:
Accidentally falling in
Alcohol/Medication/Substance abuse
Anxiety/panic disorder in water
Bumping into the wall while swimming laps
Childr en/Ad ult with inability to swim
Dehydrated swimmers
Diabetes, Hypoglycemia
Epilepsy/Seizures while swimming
Exhaustion/Fatigue while swimming
Failing to follow water safety rules (ex. diving into shallow end)
Heart attack /strok e in the water
Horseplay in the water / holding someone's head in water
Hypothermia in the water
Muscle/Leg Cramps while swimming
Sting and allergic reaction in the water
Weak and panicking swimmers
\~
 PDF to HTML - Convert PDF files to HTML files
MO NT GO ME RY CO UN TY VO MIT /FE CA L INC IDE NT S
20 12 -20 16
=
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Hotel Pool Inciden ts
=
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110
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2015
2016
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MO NTG OM ER Y CO UN TY TOTAL INC IDE NTS
THR OU GH 201 7 (HO TEL AN D OTH ER POO LS)
{201 7 PRE DICT IONS BASE D ON CUR REN T STATS /\S OF
6/17 )
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=
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MONTG OMERY COUNT Y HOTEL POOLS VS. OTHER
POOLS: TOTAL INCIDE NTS 2012-2 017
*(2017 PREDICTI ONS BASED Of\J CURRENT STATS /\S OF
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Stephen Lavery
To:
Stephen Lavery
RE: Testimony A
Subject:
Testimony
Steve Lavery
High Sierra Pools, Inc.
Expedited Bill 16-17,
Swimming Pools - Lifeguards -
Amendments [June 20, 2017]
Thank you for allO\,ving me to address The Council and discuss Bill 16-17.
My name is Steve Lavery, I am the President of High Sierra Pools, we have been working in the
county for the last 25 years and currently manage 78 svvimming pools in The County.
i
come forward today to oppose bill 16-17 on grounds that have been repeatedly supported
by
nationally recognized safety organizations such as the CDC and American Red Cross.
A repeatedly proven fact is that Lifeguards working at swimming pools prevent accidents and
save lives in water emergencies.
This proposed legislation eliminates the Lifeguard from the Hotel Swimming Pool. The
Lifeguard is the primary safety measure at the Hotel swimming pool.
By eliminating Lifeguards at pool, who is going to be at most risk?
Children .....
The CDC finds that accidental drowning is a leading cause of death amongst children.
And children of color (Hispanic children and African American children) drown 3 times more
than there Caucasian contemporaries.
Children drown far more in the shallow end of the pool than in the deep end of the pool.
So even though children are drowning in shallow water, the fact is untrained adults are still
failing to make the rescues in shallow water.
1
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97% of CHILDREN drownings are associated with adult mistakes.
Today
I
brought my company's "Incident book".
The book includes records of significant incidents which occurred at pools in Maryland Virginia
and DC for
2015.
I will be happy to share it with Council members after the meeting to show the types of
incidents our Lifeguards respond to throughout the summer·.
For
2015
ou1· lifeguards responded to 340 significant incidents.
44 incidents required fire and rescue to also respond.
You simply will not see these records anywhere else but in the pool industry.
The Fire Depat·tment and The Health Departrnent only have a fraction of the story.
Both departments are simply unaware of the volume and important functions Lifeguards
serve.
I respectfully ask The Council to work together with the Swimming Pool Industry and The
Swirnming Pool Industry Association APSP when it comes to Water Safety legislation.
APSP is already preparing to a statistical summary of incident reports recorded by pool
management companies who are operating in The County for the Council's review.
Montgomery County has a long history of leading the way when it comes to Swimming Pools
Safety.
I know we can do far better in Montgomery County than this legislation.
Thank you for your time.
2
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7/6/2017
5059441 incoming attachment 110641 20170630 E-Mail Message 2017-06-29 08--48AM.html
From:
Berliner's Office, Councilmernber [Councilrnernber.Berliner@rnontgornerycountyrnd.gov]
Sent:
Thmsday, June 29, 2017 8:48:36 AM
To:
Council President
Subject:
FW: Oppose Bill 16-17 eliminating Lifeguards from Hotel Pools
- - - - - - - - - - - - - - - - - - ------·- --
From:
Stephen Lavery [mailto:steve@highsierrapools.com]
Sent:
Wednesday; June 28, 2017 8:41 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>
Cc:
Elrich's Office, Councilmember <Councilmember.Elrich@montgomerycountymd.gov>; Hucker's Office,
Councilmember <Councilmember.Hucker@montgomerycountymd.gov>; Leventhal's Office, Councilmember
<Councilmember.Leventhal@montgomerycountymd.gov>; Navarro's Office, Councilmember
<Councilmember.Navarro@montgomerycountymd.gov>; Rice's Office, Councilmember
<Councilmember.Rice@montgomerycountymd.gov>; Katz's Office, Councilmember
<Councilmember.Katz@montgomerycountymd.gov>
Subject:
Oppose Bill 16-17 eliminating Lifeguards from Hotel Pools
Dear Montgomery County Council President Berliner:
Mr. Berliner, I remember your comments at the hearing a few days ago concerning your personal experience with visiting
Hotel pools without Lifeguards and that you "watch you kids like a hawk". I appreciate your sharing that personal
experience because I have heard those types of stories many times. The tragic statistical fact is that not all adults are
able to sustain a high enough level of vigilance to remove Child Drowning as a leading cause of deaths in children. While
we all think we would watch our kids, it simply doesn't happen. Personal experiences simply cannot be substituted for
statistical facts when governing over a large community. The tragic fact is if Lifeguards are eliminated from Hotels more
children will drown and be badly injured in Montgomery County.
I am deeply opposed to Bill 16-17 elimin ·:ting the Lifeguard requirement for Hotel Swimming Pools. The legislation will
have unintended consequences as well. "here is no legitimate difference between two same size pools; one is on the
property of a Hotel the other a Condomini'um Complex.
Montgomery County has a long history of believing Lifeguards have obvious safety benefits to the Montgomery County
Community. After 40 years we now have more statistical evidence showing those past Council members did the right
thing and required Lifeguards at all pools.
The Swimming Pool Industry is made up of small businesses working hard every day training Lifeguards and operating
Pools in the county safely. The Swimming Pool Industry has just recently organized a coalition to provide vital facts to The
Council members and vows to approach surrounding jurisdictions with these same facts. In the near future
Montgomery County will be proven right when surrounding jurisdictions receive the facts about water safety and
drownings and reverse recent decisions which were based solely on the opinions of The Hotel and lodging Industry
Association.
A Myth: The shallow end of the pool (less than 5 feet deep) is safer than the deep end of the pool.
The Fact: Children statistically drown far more in water less than 5 feet deep as opposed to water over 5 feet deep.
Children drown statistically far more than adults.
Please review the enclosed documents published by the CDC, Redwoods Group, and Red Cross and a summary of our
incident reports proving that Lifeguards are a vital link in the chain of survival for victims of swimming pool related
injuries.
Please also review High Sierra Montgomery County Incident Book Summary table enclosed as well. It is clear that
Lifeguards are responding to save lives in Montgomery County. Including Hotel pools.
file:///F:/LAW/BILLS/1716%20swimmina%20oools/lQ/ Print/505944
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7/6/2017
5059441 incoming attachment 110641 20170630 E-Mail Message 2017-06-29 08-48AM.html
Respectfully,
Steve Lavery
Stephen Lavery
I
President
High Sierra Pools
-
SAFETY IS OUR FIRST PRIORITY
Our New Address: 2704 Columbia Pike,
Arlington, VA 22204
P: (703) 920-1750
I
ext. 105 F: (703) 920-1753
I
C: (202) 255-6768
www.highsierrapools .com
Connect with us on:
~:oesc
:.r:Desc
133(
133(
This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or have received
this e-mail in error) please notify the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure
or distribution of the material in this e-mail is strictly forbidden.
,.J;.
please consider the environment before printing this e-mail.
file:///F:/LAW/BILLS/1716%20swimming%20pools/lQ/PrinV5059441%20incoming%20attachment%20110641 %2020170630%20E-Mail%20Message%...
2/2
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Stephen Lavery
From:
Stephen Lavery
Wednesday, June
28, 2017 8:37
PM
Stephen Lavery
RE: incident reports
Sent:
To:
Subject:
Summary of High Sierra Pools, Inc. Incident Books 2012 - 2016: Total Table represents all pools in DC metro
area per year. Montgomery County Table Only represents all pools managed by HSP located in Mont
County.
Total
2012 2013 2014 2015 2016
total
rescue in the water
fecal/vomit incident
minor incident
incident on the pool
deck
other
intoxicated patrons
total
67
19
99
60
3
3
251
42
11
53
24
14
144
97
24
109
68
27
5
330
128
17
75
56
16
1
293
110
2
80
444
73
416
66 274
84
24
12
3
285
1303
Montgomery county
ONLY
2012 2013 2014 2015 2016
Total
rescue in the water
fecal/vomit incident
minor incident
incident on the pool
deck
other
intoxicated patrons
total
4
1
4
8
2
19
3
7
23
10
3
3
16
3
2
27
4
3
8
3
4
4
10
18
14
55
34
0
4
18
18
43
125
37
incidents involved children under
11
years old
26
incidents occurred in shallow pools less than
5
feet deep
High Sierra managed 3 Hotel pools in the past 5 years and no Hotel Pools in the last 2 years in Mont County.
5
incidents occurred at Hotel pools managed
by HSP
Stephen Lavery
I
President
I
ext.
105 F: (703) 920-1753
High Sierra Pools
-
SAFETY IS OUR FIRST PRIORITY
Our New Address :
2704
Columb ia Pike, Arlington , VA 22204
P: (703) 920-1750
I
C:
(202) 255-6768
www.hig hsierrap ools.com
1
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Stephen Lavery
To:
Cc:
Subject:
Richard Smekal; Stephen Lavery
Radoslaw Kaczor
RE: Financial study
Marriott
Bethesda Studv:
Facts:
- hotel has 400
morns
- occupa:1cy r·ate 82'}" (natio;,v,kJe average)
· average per night rate S170 ,S200/night weekdays, S100/nigil ·Neekends:
· 6ar1, to 10pn1 daily= 112
homs
=>
$100,000/year service/lifeguard contr·act c:Js:
Br·eakdow1·1
/H:
S100,000/year
=
S275/dav cost to hotel to operate pool with service contract (CPO,
etc.)
1-ci.
Chen1icals, Insurance,
Occupancy r·ate is 82% => 328 rooms/day are occupied => $275 daily cost of pool divided over 328 occupied rooms
equals to 84cents per roon,;
!f room costs $170/night average, then the pool contract cost over average per night rno,r revenue equals S0.84/$170 =
0.0049 (in percentage ratio it is 0.49%);
This calculation indicates that the pool contract cost represents
a tiny
frciction of the room rates charged to customer-s.
Breakdown #2:
$100,000/year pool se1·vice contract with iifegua1·d staff
- assuming $12/hour wage for lifeguard staff, 112 hours x 52 weeks x $12 = $69,888
- add 12% payroll related taxes= $78,275
If lifeguard staff eliminated, $21,725 or even more, will still be incurred for chemicals, pool supervision and over·sight,
maintenance, insurance, etc. - iten1s that are otherwise part of the lifeguard and service pool management contract;
Cost of Lifeguard wages is $78,275/yeai· => $214.50/day
$214.50/day over 328 occupied rooms equals to 65cents/day; This repr·esents 0.38% of the average rnom price charged
to customer;
1
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10 Leading Causes of Injury Deaths
by
Age Group Highlighting
Unintentional Injury Deaths, United States - 2010
Rank
1
2
3
Homicide
Other Spec.,
classifiable
82
4
Firearm
Suicide
.
Firearm
Suicide
Suffocation
Suicide
Poisoning
2,046
Suicide
Suffocation
2,594
Suicide
Suffocation
1,839
Homicide
Firearm
2,061
5
1,824
1,910
Suicide
Poisoning
1,673
Suicide
Poisoning
Suicide
Suffocation
6
787
7
1,279
~~~i.:~-~~~
9,493
Suicide
Poisoning
6,599
8
9
10
Data Source:
National Center for Health Statistics (NCHS), National Vital Statistics System.
Produced
by:
Office of Statistics and Programming, National Center for Injury Prevention and Control, CDC using WISQARS
TM.
-~
c~-
Centers for
Disease
Control and
Prevention
Natlona l
Ce
nter
for
Injury
Prevention and
Contro
l
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7/6/2017
5058144 incoming attachment 109301 20170524 E-Mail Message 2017-05-23 02-15PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgomerycountymd.gov]
Sent:
Tuesday, May 23, 2017 2:15:15 PM
To:
Council President
Subject:
FW: Please vote No to Bill 16-17
From:
Christine Jones [mailto:mom2 momfe@outlo ok.com]
Sent:
Tuesday, May 23, 2017 1:23 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>
Subject:
Please vote No to Bill 16-17
Dear Mr. Roger Berliner,
I heard news from a lifeguard who saved my daughter's life that he might be getting laid off by the end
of this month. I have been a regular customer at the Marriott in Bethesda for the past 6 years where
1.
have seen the same thing happening to other parents. The lifeguard who works there told me that the
County wants to let hotels run their pools without a lifeguard. He said the County thinks that the
drowning risk is low at hotels so they want to allow people to swim at their own risk.
My daughter was 7 years old when a lifeguard saved her life. She knew how to doggy paddle and
always listened to my instructions. That day when she was saved I was watching her from only 20 feet
away. She was playing in the shallow end when I turned to grab my phone for a couple seconds when
I heard the lifeguard's whistle. W1·,en I looked up I saw the lifeguard jumping in to grab my daughter
who had managed to doggy padd1e to deeper water where she couldn't stand. I hadn't taken my eyes
off her for more than
10
seconds before it all happened.
I don't know any parents that can have their eyes glued to our children for every second of the day
and just
10
seconds meant the difference between life and death for my daughter that day. We owe
our daughter's life to that lifeguard and the County who made it possible. Lifeguards should be
required anywhere there is a swimming pool because it is too difficult to keep them safe without one.
Please vote against this bill.
Sincerely,
Christine Jones
Sent from Outlook
,........,; ....
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1
/-t
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7/6/2017
5058232 incoming attachment 109393 20170525 E-Mail Message 2017-05-24 03-25PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgomerycountymd.gov]
Sent:
Wednesday, May 24, 201 7 3 :25 :49 PM
To:
Council President
Subject:
FW: Bill 16-17
From:
NICK STEPHANO [mailto:nickrstephano@gmail.com]
Sent:
Wednesday, May 24, 2017 2:04 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>; Elrich's Office,
Councilmember <Councilmember.Elrich@montgomerycountymd.gov>; Floreen's Office, Councilmember
<Councilmember.Floreen@montgomerycountymd.gov>; Hucker's Office, Councilmember
<Councilmember.Hucker@montgomerycountymd.gov>; Katz's Office, Councilmember
<Councilmember.Katz@montgomerycountymd.gov>; Leventhal's Office, Councilmember
<Councilmember.Leventhal@montgomerycountymd.gov>; Navarro's Office, Councilmember
<Councilmember.Navarro@montgomerycountymd.gov>; Rice's Office, Councilmember
<Councilmember.Rice@montgomerycountymd.gov>; Riemer's Office, Councilmember
<Councilmember.Riemer@montgomerycountymd.gov>
Subject:
Bill 16-17
Dear Councilman Rice,
My Name is Trish Kirby. I am a single mom of two. With all due respect, and to the extent it Bill 16-17 matters
to me personally and financially. I work as a lifeguard year around.
By voting to pass this bill to allow pools to operate without lifeguards, you will hurt me and many others in
similar situations. I truly fear that I may not be able to provide for my children who deserve so much better, if
this bill passes.
I trust that you share my concerns and will think twice before voting for this bill!
Respectfully,
Trish Kirby
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Dear Councilwomen and Councilmen of Montgome ry County,
I would like to express my deep concerns regarding this bill. I am very worried about its contents for
numerous reasons, as outlined below:
1. The safety of guests using hotel pools without a lifeguard on duty;
I know the industry first hand, because I used to work as a lifeguard for over a year, during which time I
witnessed multiple cases of adult supervision negligence, which sometimes caused near drowning
rescues. I also worked as a regional manager for multiple hotel pools and I can attest to the fact that
guests are not paying attention to signage, to the posted rules, or even sometimes listen to a lifeguard.
Multiple times, they simply disregard recommendations, and even with a lifeguard on duty, it may be
difficult to keep the pool under control.
2. The water safety;
Water balance and safety is a very sensitive issue that is achieved by consistent control and
adjustments of many systems, mechanical and chemical alike. Engineers who become CPO certified
within a 3-day class simply do not possess the experience and the time to properly manage the pool.
The automated chemical feeder systems, which are labeled as absolute lifesavers, all too many times
demand even more care, precision and attention rather than the hourly maintenance performed by the
pool operators.
3. The loss of jobs that could be triggered by the passage of this bill.
Lifeguarding jobs provide great experience and education, and by repealing this law you would be
depriving Maryland residents from having access to jobs that save lives, and cutting down the income
many rely on.
I believe that hotels dramatically diminish the importance of constant supervision of the pool. For the
past 20 years the majority of the pools were managed by third parties, and the hotels simply do not
understand how much work is being put in into keeping the pools safe.
As outlined in the Bill Memorand um, Montgome ry County is faced with being put in line along other
counties that have already repealed the Lifeguard Law.
I
urge you to lead by example, and put the
residents and visitors of Montgome ry County First, to continue being one of the safest counties of our
nation.
I strongly urge you to vote NO on the passage of the 16-17 bill.
Best Regards,
Irina Lupu
@
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7/6/2017
l Message 2017-05-24 03-26 PM.ht ml
5058234 incoming attachment 109395 20170 525 E-Mai
erliner@montgomerycountymd.gov]
From:
Berliner's Office, Councilmember [Councilmember.B
Sent:
Wednesday, May 24, 2017 3:26:53 PM
To:
Council President
Subject:
FW: Vote No to Bill 16-17
]
From:
Scott Mcfadden [mailto:scottbmcfadden@yahoo.com
Sent:
Wednesday, May 24, 2017 12:17 PM
montgomerycountymd.gov>; Elrich's Office,
ner's Office, Councilmember <Councilmember.Berliner@
To:
Berli
tymd.gov>; Floreen's Office, Councilmember
Councilmember <Councilmember.Elrich@montgomerycoun
Hucker's Office, Councilmember
<Councilmember.Floreen@montgomerycountymd.gov>;
Katz's Office, Councilmem be r
<Council member. Hucker@montgomerycountymd.gov>;
nthal's Office, Councilmember
<Councilmember.Katz@montgomerycountymd.gov>; Leve
>; Navarro's Office, Councilmember
<Councilmember.Leventhal@montgomerycountymd.gov
Rice's Office, Councilmember
<Councilmember.Navarro@montgomerycountymd.gov>;
er's Office, Councilmember
<Councilmember.Rice@montgomerycountymd.gov>; Riem
<Cou nci Imember. Riemer@montgomerycou ntym d .gov>
Subject:
Vote No to Bill 16-17
To Councilmembers:
the bathroom in the pool. I have
Once in a while the lifeguards clean-up after a child who used
within seconds. The lifeguard had to
ly seen the diarrhea of a child mix and disappear into the pool
personal
not wan t my family to swim at hotels that have no
evacuate the pool and close it for cleaning the entire day. I do
ing news that the num ber of these incidents
clue about what is mixed into their poo l water. I was recently read
o1fnews/2017 /05/ 18/pool-parasitcs-on-the-
has doubled over the past 2 years:
https:/1\v,nv.usatoday.corn/st
uards save lives and keep their pools
33016/.
Even if hotel owners want to ignore the fact that lifeg
rise/1018
ncil to ignore the fact that lifeguards are saving
clean just to save money, it would be irresponsible for the Cou
our lives and keeping us safe at pools.
Sincerely,
Scott McF adde n
®
mt¾?0109395%2020170525%20E-Mail%20Message%...
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7/6/2017
5058226 incoming attachment 109387 20170525 E-Mail Message 2017-05-24 03-49PM.html
From:
Berliner's Office, Councilmember [Councilmember.Berliner@montgomerycountymd.gov]
Sent:
Wednesday, May 24, 2017 3:49:51 PM
To:
Council President
Subject:
FW: Vote no to bill 16-17
From:
Boris Todorovic [mailto:todorovicboris@yahoo.com]
Sent:
Wednesday, May 24, 2017 3:26 PM
To:
Berliner's Office, Councilmember <Councilmember.Berliner@montgomerycountymd.gov>; Elrich's Office,
Councilmember <Councilmember.Elrich@montgomerycountymd.gov>; Floreen's Office, Councilmember
<Councilmember.Floreen@montgomerycountymd.gov>; Hucker's Office, Councilmember
<Councilmember.Hucker@montgomerycountymd.gov>; Katz's Office, Council member
<Councilmember.Katz@montgomerycountymd.gov>; Leventhal's Office, Councilmember
<Councilmember.Leventhal@montgomerycountymd.gov>; Navarro's Office, Councilmember
<Councilmember.Navarro@montgomerycountymd.gov>; Rice's Office, Councilmember
<Councilmember.Rice@montgomerycountymd.gov>; Riemer's Office, Councilmember
<Councilmember.Riemer@montgomerycountymd.gov>
Subject:
Vote no to bill 16-17
Dear Councilmembers,
I'm writing you in regard of the new law that you are looking to pass regarding lifeguards in indoor/outdoor hotel pool areas.
As this may seems like a good idea to you, as current engineer and former HR director for a few hotel properties in the area,
I think its extremely dangerous to proceed with this law. There are plenty of reason why. I can tell you few.
As you know most of pool decks (indoor or outdoor) are very slippery, we have lots of guest using it, and few times we had
incident where our guest get injured, and the lifeguard was first on the scene to help out and call for emergency. This is big liability for
properties, even when lifeguard is present, I can just imagine how it would end if the lifeguard wasn't there.
- Chemical imbalance
In
situation where we have lots of guest coming in and out of the pool, chemicals get out of the range which, again, is extremely
dangerous and again one more liability for us. Probably you are planning to have our staff get trained and take care of the pool,
but in reality this is completely impossible. We cannot have our staff present at the pool all the time. There must be someone at the
pool
all the time to watch and maintain safety of the guests and chemical balance.
- Drinking and other hazard
If
there is no one present at the pool, it will be extremely tough to regulate what guest bring to the pool. Each property has their
own
rules, which brings up safety to a risk again. Especially on weekends, when the hotel is busy, we have different crowd at our pools
(kids and adults, schools with teenagers, older patrons who just like to stay at the pool and relax etc), and without lifeguard being there
and control the situation, there will be lots of confrontation between our guest.
- Service and pool company
From my own experience working with multiple pool companies, they fully train their staff when it comes to service and
lifeguarding.
Our hotel staff wont be able to recognize what is the problem if there is a mechanical failure in the pump room or anywhere else.
Having this law sign you are jeopardizing our people's safety.
Please Vote No to Bill 16-17.
Sincerely,
file:///F:/LAW/BILLS/1716%20swimming%20pools/lQ/Print/5058226%20incoming%20attachment%20109387%2020170525%20E-Mail%20Messaqe%...
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COMCOR- Code of Montgomery County Regulations
51.00.02.03 Water Quality
The sections of the Code of Maryland Regulations (COMAR) 10.17.01 (2013),
Public Swimming Pools and Spas, governing water chemistry, disinfection, and circulation
systems are incorporated for the operating standards of this regulation unless superseded or
amended by the following specific standards:
A.
Filtration.
When any Public Swimming Pool is open, it is the joint responsibility of
the Owner, Pool Operator, and Pool Management Company to comply with the following:
1.
Water in the Public Swimming Pool must be of sufficient clarity so
that the main drain is clearly visible from the closest lifeguard chair or the furthest edge of the
Public Swimming Pool, if the Public Swimming Pool has no lifeguard chair;
2.
Floating or sunken debris, algae, dirt, filter media, or filter aids
must not be present in the Public Swimming Pool; and
3.
The circulation system must operate between the minimum
Required Flow Rate and the manufacturer's listed filter capacity, as indicated on an approved
flow meter.
B.
Chemical Treatment.
At all times when the Public Swimming Pool is open, it is the
responsibility of the Owner, Pool Operator, and Pool Management Company to comply with the
following:
1.
Therapy Pools):
1.
2.
maximum of 10.0 ppm; and,
3.
maximum of8.0 ppm;
b.
Public Wading. Spray, and Therapy Pools:
1.
2.
pH a minimum of 7 .2 and a maximum of 7.8;
Free chlorine a minimum of3.0 ppm and a
Total bromine a minimum of 3 .0 ppm and a
pH a minimum of 7.2 and a maximum of 7 .8;
Free chlorine a minimum of 1.5 ppm and a
Chemical levels.
a.
Public Swimming Pool (Except Wading, Spa, Spray, and
American Legal Publishing Corp.
1
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COMCOR- Code of Montgomery County Regulations
maximum of 10.0 ppm; and,
3.
maximum of 8.0 ppm;
c.
Public Spas:
1.
2.
maximum of 10.0 ppm;
3.
maximum of 8.0 ppm; and
d.
pool.
2.
Tests for pH, free chlorine, and total bromine residuals must be
performed and recorded at least once every hour when the pool is open. The initial tests must be
performed prior to opening the pool to patrons to insure compliance with Section III(B). Tests
for cyanuric acid must be performed and recorded at least once a week prior to opening the pool
to patrons and after any cyanuric acid treatment.
3.
Any chemicals used in the Public Swimming Pool water must: (a)
be non-toxic to persons in the concentrations found in the water and (b) be clearly labeled with
directions for use.
4.
A convenient method must be provided to measure the effective
concentration of the chemical in the water.
Cyanuric acid a maximum of 80 ppm
in
any stabilized
Total bromine a minimum of 4.0 ppm and a
pH a minimum of 7.2 and a maximum of 7.8;
Free chlorine a minimum of 4.0 ppm and a
Total bromine a minimum of 4.0 ppm and a
American Legal Publishing Corp.
2
&
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Maryland Hotel Lodging Association
20
Ridgely Ave., Ste
309,
Annapolis, MD
21401
Phone:
410-974-4472
Email: mhla@MDLodging.org
Web: www.MDLodging.org
TO: Amanda Mihill and Members of the HHS Committee
FROM: Amy Rohrer, Maryland Hotel Lodging Association
RE: Response to questions asked by HHS Committee on Expedited Bill
16-17:
Swimming Pools-
Lifeguards - Amendments
1. Will hotels maintain lifeguards even when they are not required to? Is there any
data to support this in other jurisdictions?
Hotel operators staff lifeguards when it is believed to have a positive impact on guest safety or other
needs related to the pool.
Generally speaking, the norm in our industry is for guests to swim at their
own risk unless a pool has a waterslide, lazy river, etc. There are other circumstances that may lead to a
decision to staff a lifeguard at all times or for select days/times. (i.e. location of the pool within a hotel,
groups of children/youth using the pool, crowd control, etc.)
As an example, the Maryland hotels listed below continue to staff lifeguards, even though regulations
do not require it.
Holiday Inn Express Baltimore at the Stadiums - lifeguard staffed due to proximity to
casino/ high volume of guests
Days Inn Inner Harbor - primary reason for a lifeguard is keeping out unregistered, local
guests invited by registered hotel guests (crowd control)
Holiday Inn Greenbelt - a lifeguard is in place since the only place where you can
see the pool is from the "Leased Out Restaurant" and the hotel does not have a
direct site to the pool
2. How do insurance requirements change (or do they change) if there are lifeguards
present or absent?
Hotel insurance requirements are not impacted based on the presence of a lifeguard.
Hotels are
required to have general liability insurance that covers property and bodily injury in the pool area. Pool
companies typically carry a policy that covers negligence by their agents or employees. (See attached
pool company contract further stipulating this arrangement.)
MHLA
Page
11@
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3. Information on characteristics of lifeguards. Are lifeguards typically County
residents? Foreign nationals?
We do not have access to the data needed to answer this question factually since pool companies hire
lifeguards and we contract with the pool companies. The opinion among our industry is that the
majority of lifeguards working at hotel pools are not county residents.
4.
Cost of lifeguards in relation to the overall cost to operate a hotel pool.
The average cost of lifeguards in relation to overall pool operating costs is
88%.
5. Statistics from pool operators regarding hotel pool incidents.
While this question has been directed to pool companies, we would like to note that hotels require
incident reports to be filled out for ALL issues requiring first aide (minor and major) to a guest. See the
attached contract between a hotel and Sunset Pools, which stipulates the pool company will "fill out
necessary incident and accidents reports, and provide copies to (the hotel)."
We respectfully request the opportunity to verify all reports of life-saving incidents provided by pool
companies against our own records.
We conducted a case study of hotels owned and/or operated by Baywood Hotels, who operates 64
hotels with pools in
11
states, including
3
in Montgomery County and a total of
14
in Maryland.
FOR ALL HOTELS WITH POOLS, BOTH WITH AND WITHOUT A LIFEGUARD, THERE ARE ZERO (0)
DOCUMENTED REPORTS OF DROWNINGS OR LIFE-SAVING EVENTS REQUIRING A CALL TO 911.
Summary:
o
4 HOTELS REQUIRING A LIFEGUARD,
located in the following counties:
MARYLAND: Montgomery and Baltimore
o
60 HOTELS NOT REQUIRING A LIFEGUARD,
located in the following states/counties:
MARYLAND: Anne Arundel, Baltimore City, Charles, Howard, Prince George's, St .
Mary's
DISTRICT OF COLUMBIA
VIRGINIA: Alexandria City, Fairfax, Loudon, Prince William
FLORIDA: Duval, Miami-Dade, Polk
LOUISIANA: Calcasieu Parish, East Baton Rouge Parish, Jefferson Parish
GEORGIA: Fulton
MHLA
Page
12@
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MASSACHUSETTS: Essex
NEW YORK: Erie, Monroe, Onondaga, Seneca
PENNSYLVANIA: Blair, Franklin
TEXAS: Antonio, Bexar, Gray, Matagorda, Maverick, Uvalde
KANSAS: Wyandotte
Thank you for the opportunity to respond to the questions and concerns raised by the HHS
Committee on this issue.
For further information, contact:
Amy Rohrer
President
&
CEO
Maryland Hotel Lodging Association
MHLA
Page
13@
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AMENDMENT
To Bill 16-17
PURPOSE:
To require lifeguards at hostel pools during certain hours.
Beginning on page 3, lines 31-33, change paragraph (d) to read:
1
2
*
*
*
@
Hostels.
[[earagraph]] Except for on Saturday and Sunday between 11 :00
a.m. and 7 :00 p.m., paragraph
.{hl
does not@Ply to f! pool that has f! water
surface area less than 2,500 square feet located on the grounds off! hostel
for the exclusive use of its registered guests if:
*
*
*
3
4
5
6
f:\law\bills\1716 swimming pools\hours amendment.docx
@
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AMENDMENT
To Bill 16-17
PURPOSE:
To require hostels to have someone on the premises certified in CPR during non-
lifeguarded hours.
Beginning on page 4, after line 64, add paragraph (4) to read:
1
2
3
*
*
*
ill
the hostel has an employee with
£
valid infant/child/adult
cardiopulmonary resuscitation (CPR) certificate
from
the
American Red Cross, the American Heart Association, the
National Safety Council, or
£
comparable program approved by
the state Department of Health and Mental Hygiene, on the
premises of the hostel when the pool is open for use and no
lifeguard is on duty.
4
5
6
7
8
f:\law\bills\1716 swimming pools\cpr amendment.docx
@
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AGENDA ITEM 5A
October 31, 2017
Action
MEMORAND UM
October 27, 2017
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
~i;J
Action:
Expedited Bill 16-17, Swimming Pools - Lifeguards - Amendments
Health and Human Senrices Committee recommendation (3-0):
enact Bill 16-17 (but see
amendments on page 4).
Expedited Bill 16-17, Swimming Pools - Lifeguards -Amendments, sponsored by Lead Sponsor
Councilmember Katz and Co-Sponsors Councilmembers Floreen and Elrich and Council President
Berliner, was introduced on May 16, 2017. A public hearing was held on June 20 and Health and
Human Services Committee worksessions were held on July 10 and October 2.
Expedited Bill 16-17 would exempt certain public pools at certain facilities from the requirement
to have a lifeguard on duty present when the pool is open for use; require exempted public pools
to meet certain criteria, including posting certain warning signs; and require exempted pools to
have an emergency alert system. A memorandum from the lead sponsor is attached on ©6. The
Fiscal Impact/Economic Impact statements are on ©7-11.
Public Hearing Testimony
At the June 20 public hearing, the Council heard from individuals and companies both supporting
and opposing Bill 16-17. Generally speaking, those representing the hotel industry supported the
bill while those representing the pool management companies and lifeguard opposed the bill. A
representative of the County Executive gave testimony supporting the bill (©12). The Council
received written correspondence from several lifeguards opposing the bill. The Council also
received written correspondence from several individuals, though Council staff is unsure if those
unsigned letters are from residents, visitors, or lifeguards. See select testimony and correspondence
on ©13-50.
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Background
State law.
State rules for swimming pools are found in state regulations. Under state regt!.lations,
a hoteVmotel pool is considered a "semipublic pool". COMAR 10.17.0l.40D(6) requires a
semipublic pool that has a water surface area greater than 2,500 square feet to have a lifeguard on
duty. Therefore, under state law, a semipublic pool with a lesser water surface is not required to
have a lifeguard.
County law.
County Code §51-IO(b) requires all public pools to have a lifeguard, regardless of
pool size. County regulations specify other requirements, including construction standards and
water quality standards. Bill 16-17 would not alter the requirements for water quality standards,
which are detailed on ©51-52.
Other jurisdictions.
Most other Maryland jurisdictions do not require lifeguards for hotel pools
under 2,500 square feet of surface area. As of the writing of this packet, only 2 Maryland
· jurisdictions - Baltimore County and Montgomery County- require lifeguards in hotel pools. Two
other jurisdictions - Anne Arundel County and Prince George's County - enacted legislation in
2016 to repeal the requirement for lifeguards in hotel pools.
Committee Discussion
There are no legal issues regarding Bill 16-17. The primary question Committee members
discussed concerned the policy question of whether to require hotels/motels to employ lifeguards
for their pools. To assist in that discussion, the Committee requested, and reviewed the following
information:
Comparison of local laws on this topic.
Additional statistics of pool incidents in Montgomery County and surrounding
jurisdictions. These statistics should include a comparison of pools with and without
lifeguards.
Information relevant to the question about whether drownings are more likely to happen in
pools with or without a lifeguard.
Will hotels maintain lifeguards even when they are not required to?
How do insurance requirements change (or do they change) if there are lifeguards present
or absent?
Information on residency of lifeguards.
In
response to the Committee's request for information, Council staff reached out to
representatives from both the hotel industry and the pool operator/lifeguard industry as well as
performing independent research.
Comparison of local laws.
As noted above, most other Maryland jurisdictions do not require
lifeguards for hotel pools under 2,500 square feet of surface area (State law requires a semi-public
pool that has a water surface area greater than 2,500 square feet to have a lifeguard on duty during
peak seasonal use for outdoor pools and year round for indoor, heated pools.). As of the date of
2
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this packet, only Baltimore County and Montgomery County require lifeguards for hotel pools.
Ocean City, Maryland follows the state law (the City does not have a town ordinance on this
subject and neither does Worcester County). Similarly, Howard County does not have a local law
on this topic and therefore follows the state law. Laws in Prince George's County and Anne
Arundel County specifically exclude hotel and motel pools from having a lifeguard requirement if
the water surface area is less than 2,500 square feet. Laws in the District of Columbia do not require
a lifeguard for pools open only for people "lodging for a fee at the facility" except in certain
circumstances (including if the pool has a diving board, is 5 feet or deeper, or has an expected
bather population of 50% or more children under 15 years old).
Statistics of pool incidents in Montgomery County and surrounding jurisdictions.
Pool
companies provided statistics on the incidents that lifeguards they employ respond to (©32 and
Sunset Pools, Inc. indicated that for 2016, they recorded 73 "distress/active
43).
drowning/rescues" incidents, 45 of which occurred at hotel pools, and 246 "vomit/fecal" incidents,
152 of which occurred at hotel pools. For 2017, at that time, they had recorded 29 "distress/active
drowning/rescues" incidents, of which 16 were at hotel pools and 127 "vomit/fecal" incidents, of
which 72 were at hotel pools. In response to Council staff questions, the Maryland Hotel Lodging
Association (MHLA) noted that hotels require incident reports to be filled out for all issues
requiring first aid to a guest. MHLA conducted a study of hotels owned/operated by Baywood
hotels who operates 64 hotels with pools in 11 states, including 14 in Maryland (3 in Montgomery
County). The case study revealed that for all hotels with pools (with and without a lifeguard), there
were no calls documenting reports of drownings or life-saving events requiring a 911 call.
Council staff surveyed certain surrounding jurisdictions about emergency calls for drownings or
near-drownings at hotel pools for approximately the past 12 years. From 2005 to present, the
County Fire and Rescue Service (MCFRS) was dispatched for reported drownings at hotels/motels
twice; however in only 1 of those incidents was a patient transported to a hospital (the patient had
a non-life threatening condition). From 2003 to present, the Anne Arundel County Fire and Rescue
Service was dispatched to a hotel or motel pool twice. For Ocean City, Maryland, there were 13
EMS dispatches for drownings/near drownings at hotel/motel pools from 2012 to present. The
information gleaned from these jurisdictions does not include whether the EMS calls originated
from hotels with or without pool lifeguards.
Lifeguard effectiveness.
Committee members requested information about whether drownings are
more likely to happen in pools with or without a lifeguard. Council staff did a significant amount
of research attempting to provide relevant information to the Committee on this topic. However,
Council staff could not find a significant amount of research on this question. A 2001 report of a
Centers for Disease Control Working Group and the National Center for Injury Prevention and
Control entitled "Lifeguard Effectiveness: A Report of the Working Group", concluded that
"trained, professional lifeguards have had a positive effect on drowning prevention in the United
States". This report provided several examples of reduced incidents after lifeguards were
employed. However, this report focused only on lifeguards at beaches, not at pools. There are
many risks associated with beaches, including surf, drop offs, and under currents, that are not
present at swimming pools. A 2010 article entitled "Lifeguards: A Forgotten Aspect of Drowning
Prevention" cites an "industry" document for the conclusion that approximately a third of
drowning deaths in the U.S. happen at lifeguarded pools. However, Council staff was unable to
3
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find the "industry" document referenced in the article.
Other requested information.
In
response to other Committee requests for information, Council
staff learned that:
Hotels, even when not required by law, staff lifeguards "when it is believed to have a
positive impact on guest safety or other needs related to the pool". Generally speaking,
the norm is to "swim at your own risk" unless a pool has a waterslide, lazy river, etc.
Other circumstances may lead a hotel to staff a lifeguard at all times or for select days
and time, including the location of the pool, crowd control, groups of children/youth
using the pool.
Hotel insurance requirements are not impacted based on the presence of a lifeguard.
While MHLA stated that the industry opinion is that the majority oflifeguards working
at hotel pools are not County residents, according to Sunset Pools, about 90% of the
lifeguards employed in hotel pools (seasonal and year round) are County residents. The
remaining 10% are J1 visa holders that work only during the summer in outdoor pools.
Committee recommendation
At its October 2 worksession, the Committee unanimously recommended enactment of Expedited
Bill 16-1 7, but requested Council staff to draft 2 amendments to be presented at this Council
session. First, Councilmember Rice requested an amendment to require a lifeguard be on duty at a
hotel pool during specific hours. At the worksession, Councilmember Rice did not propose specific
hours, but after the session requested the amendment to require lifeguards be on duty at hotel pools
from 11 a.m. to 7 p.m. on Saturday and Sunday. A hotel pool can be open at any other time without
a lifeguard. (See ©56) Second, Committee Chair Leventhal requested an amendment be drafted to
require a person certified in CPR to be on a hostel's premises anytime that a pool is open without
a lifeguard. All members of the Health and Human Services Committee and the Bill's lead sponsor
concur with the amendments as drafted.
This packet contains:
Expedited Bill 16-1 7
Legislative Request Report
Sponsor memorandum
Fiscal and Economic Impact Statements
Testimony/Correspondence
County Executive
Support for Bill 16-17
Opposition to Bill 16-1 7
COMCOR 51.00.02.03
Follow up information from hotel industry
Hours amendment
CPR staffing amendment
F
:\LA
W\BILLS\1 716 Swimming Pools\Action Memo.Docx
Circle#
1
5
6
7
12
13
24
51
53
56
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Expedited
Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards -Amendments
Revised:
5/4//2017
Draft No.
_i_
Introduced:
May
16, 2017
Expires:
November
16, 2018
Enacted: __,__ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'N=o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead
Sponsor: Councilmember Katz
Co-Sponsors: Councilmembers Floreen and Elrich and Council President Berliner
AN EXPEDITED ACT
to:
(1)
exempt certain public pools at certain facilities from the requirement to have a
lifeguard on duty present when the pool is open for
use;
(2)
require exempted public pools to meet certain criteria, including posting certain
warning
signs;
(3)
require exempted pools to have an emergency alert system; and
(4)
generally amend County law relating to swimming pools.
By amending
Montgomery County Code
Chapter 51, Swimming Pools
Sections 51-1 and 51-10
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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ExPEDITED BILL
No.
16-17
1
2
Sec.
I.
Sections 51-1 and 51-10 are amended as follows:
51-1. Definitions.
3
4
In this Chapter, the following words have the following meanings:
*
*
*
5
Hostel
has the same meaning as in Code §54-1.
*
6
7
*
*
51-10. Safety standards; lifeguards and spa guards.
*
*
*
8
9
(b)
Lifeguards.
(1)
Except for public spas and as provided in paragraph
@,
every
public swimming pool must have at least one lifeguard with a valid
infant/child/adult cardiopulmonary resuscitation (CPR) certificate
from the American Red Cross, the American Heart Association,
the National Safety Council, or a comparable program approved
by the state Department of Health and Mental Hygiene, present
when the pool is open for use.
(2)
Whenever any person is in the water, a lifeguard must:
(A)
(B)
be on the deck and observing the pool; and
not leave the deck for any reason unless all persons are out
of the water.
(3)
The approving authority may require additional lifeguards to be on
the deck at any public swimming pool
if
the approving authority
finds that the pool is inadequately guarded because of the:
(A)
(B)
(C)
(D)
number of persons using the pool;
shape, dimensions, or layout of the pool;
existence of obstructions to vision; or
capabilities of the persons using the pool.
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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ExPEDITED BILL NO. 16-17
28
29
30
31
32
33
(c)
Public spas.
A public spa must have at least one spa guard present when
the spa is open for use. The spa guard must be available immediately to
help in an emergency.
@
Hostels.
Paragraph
(hl
does not
film!y
to
~
pool that has g water surface
area less than 2,500 square feet located on the grounds of g hostel for the
exclusive use of its registered guests if:
34
ill
the hostel is properly licensed under Chapter 54;
the hostel posts warning
filW
that meet the following:
(A)
the size, color, design, application, symbol, and visual
layout of~ safety
ggn
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;
.Qll
~
safety
35
36
37
ru
38
39
40
41
42
film
is posted
in
~
permanent location adjacent to
~
hostel in compliance with the American National Standard
for Public Spas;
Ck}
43
44
the safety sign includes the user load of the pool;
~
ill)
chemical warning
ggn
is posted at the entrance door to
~
45
46
chemical storage area and includes the text "Caution!
Chemical Storage Area";
~
47
48
49
(ID
chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
.{E)
~
chlorine gas warning
mgn
reading "Danger-Ch lorine
50
51
Gas" is posted at the entrance to
~
chlorine gas feed room
and storage area;
52
53
54
fill
other warning, health advisory, and safety
~
are posted,
as required
.QY
Executive Regulation, if necessary to protect
the public health and safety: and
{j)
f:llaw\bills\1716
swimming