(a) Except as provided in subsection (b) of this section, a lifeguard shall not be required for a Class C, semi-public swimming pool that is:
(1) Open for use only to persons who hold membership or other paid association in the facility where the swimming pool is located;
(2) Open for use only to persons who are permanent or temporary residents or guests of residents at the facility where the swimming pool is located;
(3) Open for use to persons who are lodging for a fee at the facility where the swimming pool is located; or
(4) A spa pool or sauna.
(b) A lifeguard shall be required for a Class C, semi-public swimming pool that has:
(1) A diving board;
(2) A depth greater than 5 feet; provided, that the swimming pool is constructed after June 30, 2018; or
(3) An expected bather population that is 50 % or more children under 15 years of age.
(July 17, 2018, D.C. Law 22-147, § 3, 65 DCR 5988.)
For temporary (90 days) creation of this section, see § 3 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 § 3 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771).
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