Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards - Amendments
Revised:
10/31112017
Draft No. _3_
Introduced:
May 16, 2017
Enacted:
October 31, 2017
Executive:
November 10, 2017
Effective:
November 10, 2017
Sunset Date: ---!..!.No=n=e_ _ _ _ __
ChI
~,
Laws of Mont. Co.
2017
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)
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.
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:
 PDF to HTML - Convert PDF files to HTML files
I
,_
I
I
ExPEDITED BILL
No. 16-17
1
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:
2
3
4
5
*
*
*.
*
*
*
Hastelhas
the same meaning as in Code §54-1.
6
7
*
*
51-10. Safety standards; lifeguards and spa guards.
8
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
11
12
13
14
15
16
17
18
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)
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.
19
20
21
22
23
24
25
26
27
CD)
-2-
 PDF to HTML - Convert PDF files to HTML files
-
-I
,
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
35
36
37
38
39
40
41
42
43
44
@
Hostels.
[[paragraph]] Except for on Saturday and Sunday between 11 :00
a.m. and 7:00 p.m., paragraph{hl does notrum1Yto
~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:
ill
the hostel is properly licensed under Chapter 54;
the hostel posts warnillg
~
that meet the following:
(A)
the size, color, design, application, symbol, and visual
layoutofgsafety~is
ru
incompliance with the ANSI Z-535
series of standards for Safety Signs and Colors as referenced
in American National Standard for Public Spas;
®
~
safety
~
is posted in
~
permanent location
adj
acent to
~
hostel
in
compliance with the American National Standard
for Public Spas;
{Q
ill}
the safety
~
includes the user load of the pool;
~
45
46
chemical warning
~
is posted at the entrance door to
~
chemical storage area and includes the text "Caution!
Chemical Storage Area";
47
48
em
®
~
chemical vat, feeder, pump, and line is labeled to identify
49
50
the chemical
in
use;
~
chlorine gas warrling §ign reading "Danger-Chlorine
~
51
52
Gas" is posted at the entrance to
and storage area;
chlorine gas feed room
-3-
 PDF to HTML - Convert PDF files to HTML files
I
I:
~
~
i
ExPEDITED BILL
No.
16-17
53
54
55
56
(Q)
other warning, health advisory, and safety
~
are posted,
as required by Executive Regulation, if necessary to protect
the public health and safety; and
.em
§:
pool that does not have
§:
lifeguard on duty has a
57
conspicuous §igg posted adjacent to entrances to the pool
reading "Warning: No lifeguard on duty. SWIM AT YOUR
OWN RISK. Children under the
~
of
12
are not permitted
to use the pool without adult supervision"; and
58
59
60
61
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)
connects directly to 9-1-1; and
notifies an employee of the hostel when activated; and
62
63
64
65
66
67
68
69
70
71
72
@
ill
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.
73
74
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.
75
 PDF to HTML - Convert PDF files to HTML files
__________ i
ExPEDITED BILL
No. 16-17
Approved:
Date
Approved:
This is a correct copy ofCouncil action.
~7n
..
~
Linda M. Lauer, Clerk of the Council
jlf/I;
i;
..20/1
Date
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
16-17
Concerning: Swimming
Pools
Lifeguards - Amendments
Revised:
10/31112017
Draft No. _3_
Introduced:
May 16, 2017
Enacted:
October 31, 2017
Executive:
November 10, 2017
Effective:
November 10, 2017
Sunset Date: ---!..!.No=n=e_ _ _ _ __
ChI
~,
Laws of Mont. Co.
2017
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)
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.
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:
 PDF to HTML - Convert PDF files to HTML files
I
,_
I
I
ExPEDITED BILL
No. 16-17
1
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:
2
3
4
5
*
*
*.
*
*
*
Hastelhas
the same meaning as in Code §54-1.
6
7
*
*
51-10. Safety standards; lifeguards and spa guards.
8
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
11
12
13
14
15
16
17
18
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)
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.
19
20
21
22
23
24
25
26
27
CD)
-2-
 PDF to HTML - Convert PDF files to HTML files
-
-I
,
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
35
36
37
38
39
40
41
42
43
44
@
Hostels.
[[paragraph]] Except for on Saturday and Sunday between 11 :00
a.m. and 7:00 p.m., paragraph{hl does notrum1Yto
~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:
ill
the hostel is properly licensed under Chapter 54;
the hostel posts warnillg
~
that meet the following:
(A)
the size, color, design, application, symbol, and visual
layoutofgsafety~is
ru
incompliance with the ANSI Z-535
series of standards for Safety Signs and Colors as referenced
in American National Standard for Public Spas;
®
~
safety
~
is posted in
~
permanent location
adj
acent to
~
hostel
in
compliance with the American National Standard
for Public Spas;
{Q
ill}
the safety
~
includes the user load of the pool;
~
45
46
chemical warning
~
is posted at the entrance door to
~
chemical storage area and includes the text "Caution!
Chemical Storage Area";
47
48
em
®
~
chemical vat, feeder, pump, and line is labeled to identify
49
50
the chemical
in
use;
~
chlorine gas warrling §ign reading "Danger-Chlorine
~
51
52
Gas" is posted at the entrance to
and storage area;
chlorine gas feed room
-3-
 PDF to HTML - Convert PDF files to HTML files
I
I:
~
~
i
ExPEDITED BILL
No.
16-17
53
54
55
56
(Q)
other warning, health advisory, and safety
~
are posted,
as required by Executive Regulation, if necessary to protect
the public health and safety; and
.em
§:
pool that does not have
§:
lifeguard on duty has a
57
conspicuous §igg posted adjacent to entrances to the pool
reading "Warning: No lifeguard on duty. SWIM AT YOUR
OWN RISK. Children under the
~
of
12
are not permitted
to use the pool without adult supervision"; and
58
59
60
61
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)
connects directly to 9-1-1; and
notifies an employee of the hostel when activated; and
62
63
64
65
66
67
68
69
70
71
72
@
ill
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.
73
74
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.
75
 PDF to HTML - Convert PDF files to HTML files
__________ i
ExPEDITED BILL
No. 16-17
Approved:
Date
Approved:
This is a correct copy ofCouncil action.
~7n
..
~
Linda M. Lauer, Clerk of the Council
jlf/I;
i;
..20/1
Date