For the purposes of this chapter, the term:

(1) "Bather" means any person using a swimming pool or spa pool and adjoining deck area for the purpose of water sports, recreation therapy, or related activities.

(2) "Class C, semi-public swimming pool" or "swimming pool" means any swimming pool operated solely for and in conjunction with lodgings such as hotels, motels, cooperatives, apartments, and condominiums.

(3) "Diving board" means a recreational mechanism for entering a swimming pool, consisting of a semi-rigid board that derives its elasticity through the use of a fulcrum mounted below the board.

(4) "Lifeguard" means a person responsible for the safety of the users of a swimming pool or spa pool who possesses a current:

(A) American Red Cross, Young Men's Christian Association, or other lifeguard certification;

(B) First aid certificate; and

(C) Cardiopulmonary resuscitation certificate, issued by a nationally recognized aquatic training organizations, such as the International Lifeguard Training Program, that is adopted and recognized by the Department of Health.

(5) "Sauna" means an aquatic feature including the application of water vapor from hot water facilities such as Jacuzzis, hot tubs, and steam baths.

(6) "Spa pool" means a structure intended for either warm or cold water where prolonged exposure is not intended. Spa structures are intended to be used for bathing or other recreational uses and are not usually drained and refilled after each use and may include hydrotherapy, air induction bubbles, and recirculation.

(July 17, 2018, D.C. Law 22-147, § 2, 65 DCR 5988.)

For temporary (90 days) creation of this section, see § 2 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374).

For temporary (225 days) creation of this section, see § 2 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771).