Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards – Amendments
Revised: 10/31//2017
Draft No. 3
Introduced:
May 16, 2017
Enacted:
October 31, 2017
Executive:
Effective:
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
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 during certain hours;
(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.
Deleted from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
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. 16-17
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Sec. 1. Sections 51-1 and 51-10 are amended as follows:
51-1. Definitions.
In this Chapter, the following words have the following meanings:
*
*
*
Hostel
has the same meaning as in Code §54-1.
*
*
*
51-10. Safety standards; lifeguards and spa guards.
*
*
*
(b)
Lifeguards.
(1)
Except for public spas and as provided in paragraph (d), 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.
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(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.
(d)
Hostels.
[[Paragraph]]
Except for on Saturday and Sunday between 11:00
a.m. and 7:00 p.m., paragraph (b) does not apply to a pool that has a water
surface area less than 2,500 square feet located on the grounds of a hostel
for the exclusive use of its registered guests if:
(1)
(2)
the hostel is properly licensed under Chapter 54;
the hostel posts warning signs that meet the following:
(A)
the size, color, design, application, symbol, and visual
layout of a safety sign is in compliance with the ANSI Z-535
series of standards for Safety Signs and Colors as referenced
in American National Standard for Public Spas;
(B)
a safety sign is posted in a permanent location adjacent to a
hostel in compliance with the American National Standard
for Public Spas;
(C)
(D)
the safety sign includes the user load of the pool;
a chemical warning sign is posted at the entrance door to a
chemical storage area and includes the text "Caution!
Chemical Storage Area";
(E)
a chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
(F)
a chlorine gas warning sign reading "Danger—Chlorine
Gas" is posted at the entrance to a chlorine gas feed room
and storage area;
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(G)
other warning, health advisory, and safety signs are posted,
as required by Executive Regulation, if necessary to protect
the public health and safety; and
(H)
a pool that does not have a lifeguard on duty has a
conspicuous sign posted adjacent to entrances to the pool
reading “Warning: No lifeguard on duty. SWIM AT YOUR
OWN RISK. Children under the age of 15 are not permitted
to use the pool without adult supervision”; and
(3)
the pool area has a functional and visible emergency alert system
approved by the Director of the Department of Health and Human
Services that:
(A)
(B)
connects directly to 9-1-1; and
notifies an employee of the hostel when activated; and
(4)
the hostel has an employee 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, on the
premises of the hostel when the pool is open for use and no
lifeguard is on duty.
Sec. 2. Expedited Effective Date.
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.
-4-
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ExPEDITED BILL
No. 16-17
Approved:
..
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda
M.
Lauer, Clerk ofthe Council
Date
-5­
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards – Amendments
Revised: 10/31//2017
Draft No. 3
Introduced:
May 16, 2017
Enacted:
October 31, 2017
Executive:
Effective:
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
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 during certain hours;
(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.
Deleted from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
O
. 16-17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Sec. 1. Sections 51-1 and 51-10 are amended as follows:
51-1. Definitions.
In this Chapter, the following words have the following meanings:
*
*
*
Hostel
has the same meaning as in Code §54-1.
*
*
*
51-10. Safety standards; lifeguards and spa guards.
*
*
*
(b)
Lifeguards.
(1)
Except for public spas and as provided in paragraph (d), 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.
-2-
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
O
. 16-17
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(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.
(d)
Hostels.
[[Paragraph]]
Except for on Saturday and Sunday between 11:00
a.m. and 7:00 p.m., paragraph (b) does not apply to a pool that has a water
surface area less than 2,500 square feet located on the grounds of a hostel
for the exclusive use of its registered guests if:
(1)
(2)
the hostel is properly licensed under Chapter 54;
the hostel posts warning signs that meet the following:
(A)
the size, color, design, application, symbol, and visual
layout of a safety sign is in compliance with the ANSI Z-535
series of standards for Safety Signs and Colors as referenced
in American National Standard for Public Spas;
(B)
a safety sign is posted in a permanent location adjacent to a
hostel in compliance with the American National Standard
for Public Spas;
(C)
(D)
the safety sign includes the user load of the pool;
a chemical warning sign is posted at the entrance door to a
chemical storage area and includes the text "Caution!
Chemical Storage Area";
(E)
a chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
(F)
a chlorine gas warning sign reading "Danger—Chlorine
Gas" is posted at the entrance to a chlorine gas feed room
and storage area;
-3-
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
O
. 16-17
53
54
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70
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72
73
74
75
(G)
other warning, health advisory, and safety signs are posted,
as required by Executive Regulation, if necessary to protect
the public health and safety; and
(H)
a pool that does not have a lifeguard on duty has a
conspicuous sign posted adjacent to entrances to the pool
reading “Warning: No lifeguard on duty. SWIM AT YOUR
OWN RISK. Children under the age of 15 are not permitted
to use the pool without adult supervision”; and
(3)
the pool area has a functional and visible emergency alert system
approved by the Director of the Department of Health and Human
Services that:
(A)
(B)
connects directly to 9-1-1; and
notifies an employee of the hostel when activated; and
(4)
the hostel has an employee 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, on the
premises of the hostel when the pool is open for use and no
lifeguard is on duty.
Sec. 2. Expedited Effective Date.
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.
-4-
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 16-17
Approved:
..
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda
M.
Lauer, Clerk ofthe Council
Date
-5­