AGENDA ITEM 3A
May 16, 2017
Introduction
MEMORANDUM
May 11, 2017
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorney(~
Introduction:
Expedited Bill 16-17, Swimming Pools - Lifeguards - Amendments
.
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, is scheduled to be introduced on May 16, 2017. A public hearing is tentatively scheduled
for June 20 at 1:30 p.m.
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.
This packet contains:
Expedited Bill 16-17
Legislative Request Report
Sponsor memorandum
F:\LAW\BILLS\1716 Swimming Pools\Intro Memo.Docx
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Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards - Amendments
Revised:
5/4//2017
Draft No.
_2_
Introduced:
May
16, 2017
Expires:
November
16. 2018
Enacted: - - - - - - - - - -
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: ---'-"N=on"'""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
warnmg
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 51-1and51-10
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or de.fined term.
Added to existing law by original bill.
Deleted.from 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
Sec. 1. Sections 51-1 and 51-10 are amended as follows:
51-1. Definitions.
2
3
4
5
6
7
In this Chapter, the following words have the following meanings:
*
*
*
*
*
*
Hostel
has the same meaning as in Code §54-1.
*
*
(b)
Lifeguards.
(
1)
51-10. Safety standards; lifeguards and spa guards.
8
9
*
1O
11
12
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.
13
14
15
16
17
18
19
20
(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.
21
(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.
22
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24
25
26
27
f:\law\bills\1716 swimming pools\bill 2.docx
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ExPEDITED BILL NO.
16-17
28
29
30
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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.
@
Hostels.
Paragraph
.{hl
does not
filmly
to
~
pool that has
~
water surface
for the
area less than 2,500 square feet located on the grounds
exclusive use of its registered guests if:
of~
hostel
33
34
35
36
37
ill
ill
the hostel is properly licensed under Chapter 54;
the hostel posts
warning~
that meet the following:
(A)
the size, color, design, application, symbol, and visual
layout
of~
safety
.filgn
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;
ill}
~
38
39
40
41
safety sign is posted
in~
permanent location adjacent to
~
hostel in compliance with the American National Standard
for Public Spas;
42
43
44
45
.(Q
(D)
the safety
.filgn
includes the user load of the pool;
~chemical
warning
filgg
is posted at the entrance door
to~
chemical storage area and includes the text "Caution!
Chemical Storage Area";
46
47
48
49
50
51
52
53
54
ill}
~
chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
.(E}
~
chlorine gas warning
.filgn
reading "Danger-Chlorine
to~
Gas" is posted at the entrance
and storage area;
chlorine gas feed room
.(ill
other warning, health advisory, and safety
~
are posted,
as required by Executive Regulation, if necessary to protect
the public health and safety; and
f:\law\bills\1716 swimming pools\bill 2.docx
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ExPEDITED BILL NO.
16-17
55
56
57
.{ID
~
pool that does not have
~
lifeguard on duty has
~
conspicuous
filgn
posted adjacent to entrances to the pool
reading "Warning: No lifeguard on duty. SWIM AT YOUR
OWN RISK. Children under the age of
li
are not permitted
to use the pool without adult supervision"; and
58
59
60
61
62
ill
the pool area has
~
functional and visible emergency alert system
approved by the Director of the Department of Health and Human
Services that:
(A)
(ill
63
64
connects directly to 9-1-1; and
notifies an employee of the hostel when activated.
65
Sec. 2. Expedited Effective Date.
66
67
68
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:
69
Roger Berliner, President, County Council
Date
70
Approved:
71
Isiah Leggett, County Executive
Date
72
This is a correct copy ofCouncil action.
73
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1716 swimming pools\bill 2.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 16-17
Swimming Pools
-
Lifegu,ards
-
Amendments
DESCRIPTION:
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.
During the 2017 legislative session, the General Assembly enacted,
and the Governor signed, House Bill 1234 which provides local
government authority to expand the military retiree tax credit to
include a retired member of the uniformed services, the military
reserves, or the national guard.
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:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
A violation of Chapter 54 is a Class A violation.
F:\LA W\BILLS\1713 Vet Property Tax Credit\LRR.Docx
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MONTGOMERY COUNTY COUNCIL
ROCKVILLE, MARYLAND
SIDNEY A. KATZ
COUNCILMEMBER - DISTRICT 3
MEMORANDUM
TO:
County Council
FROM: Councilmember Sidney Katz
DATE: May 9, 2017
RE:
r'~
~
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
15th,
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 Baltlmore County where Bill 22-17
(http://resources.baltimorecountymd.gov/Documents/CountyCouncll/bills%202017/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.
1
100 MARYLAND AVENUE, 6TH FLOOR •
240-777-7906 •
ROCKVILLE, MARYLAND 2.0850
TTY
240-777-7914 • FAX 240-777-7969 • COUNCILMEMBER.KATZ@MONTGOMERYCOUNTYMD.GOV
~
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