AGENDA ITEM 4
June 20, 2017
Public Hearing
MEMORANDUM
June 16, 2017
TO:
FROM:
SUBJECT:
County Council
'
Amanda Mihill, Legislative Attomeyt~
Public Hearing:
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, was introduced on May 16, 2017. A Health and Human Services Committee worksession
is tentatively scheduled for June 26 at 9:30 a.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:\LA W\BILLS\1716 Swimming Pools\PH Memo.Docx
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5
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Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards -Amendments
Draft No.
_2_
Revised:
5/4//2017
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 Eirich and Council President Berliner
AN EXPEDITED ACT
to:
(1)
(2)
(3)
(4)
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;
require exempted pools to have an emergency alert system; and
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
undertining
[[Double boldface brackets]]
* * *
Heading or defined 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 1maffected 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
In
this Chapter, the following words have the following meanings:
*
*
*
5
Hostel
has the same meaning as in Code §54-1.
*
*
*
6
7
8
51-10. Safety standards; lifeguards and spa guards.
*
*
*
9
10
(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.
11
12
13
14
15
16
17
18
(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.
19
20
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
23
24
25
26
27
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swimming
pools\bill 2.docx
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ExPEDITED BILL
No. 16-17
28
(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.
29
30
31
32
33
34
@
Hostels.
Paragraph
(hl
does not
.rum1Y
to
~
pool that has
~
water surface
area less than 2,500 square feet located on the grounds of~ hostel for the
exclusive use of its registered guests if:
35
36
37
ill
ill
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~ safety~ 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;
38
39
40
41
42
ill}
~
safety
ggn
is posted in
~
permanent location adjacent to
~
hostel in compliance with the American National Standard
for Public Spas;
43
44
!Q
.(Q.)
the safety~ includes the user load of the pool;
~
chemical warning
fil&!!
is posted at the entrance door to
~
45
46
chemical storage area and includes the text "Caution!
Chemical Storage Area";
47
48
49
{ID
g_
chemical vat, feeder, pump, and line is labeled to identify
the chemical in use;
ID
~
chlorine gas warning
film!
reading "Danger-Chlorine
50
Gas" is posted at the entrance to
~
chlorine gas feed room
and storage area;
51
52
53
54
.(Q)
other warning, health advisory, and safety sjgm are posted,
as required
!2y
Executive Regulation,
if
necessary to protect
the public health and safety: and
{j)
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ExPEDITED BILL NO.
16-17
55
56
(ID
~
pool that does not have
~
lifeguard on duty has
~
conspicuous
.fil@
posted adjacent to entrances to the pool
reading "Warning: No lifeguard on duty. SWIM AT YOUR
OWN RJSK. Children under the~ of 15 are not permitted
to use the pool without adult supervision"; and
57
58
59
60
61
ill
the pool area has
~
functional and visible emergency alert system
approved
!2y
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
ill)
65
66
67
Sec. 2. Expedited Effective Date.
The Council declares that this legislation 1s 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
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LEGISLATIVE REQUEST REPORT
Expedited Bill 16-17
Swimming Pools
-
Lifeguards -Amendments
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:
GOALSAND
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:\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~
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 jeopar~izing the safety of our visitors. We hope you will
support this sensible measure.
other jurisdiction is Baltimore County where
Bill
22-17
(http://resources.baltlmorecountymd.gov/Documents/CountyCouncll/bllls%202017/b02217
.pdf) Is currently
pending to change this
rule. The District of Columbia also
allows
hotel
guests to swim at
their
own risk.
i
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
The
100
MARYLAND
AVENUE, 6TH FLOOR • ROCKVILLE,
MARYLAND
20B50
240-777-7906 •
TTY
240-777-7914 • FAX 240-777-7989 • COUNCILMEMBER.KATZ@MONTGOMERYCOUNTYMD.GOV
ifi,
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