(A) As a condition of obtaining and maintaining an operating permit, all Type "A" public swimming pools, as defined in Regulation 61-51, shall provide lifeguards, as defined in Regulation 61-51, in accordance with the following:

(1) A public swimming pool of three thousand square feet or fewer must have:

(a) one lifeguard for one through twenty-five patrons;

(b) two lifeguards for twenty-six through fifty patrons;

(c) three lifeguards for fifty-one through one hundred fifty patrons;

(d) four lifeguards for one hundred fifty-one through two hundred fifty patrons;

(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.

(2) A public swimming pool of three thousand one square feet through six thousand square feet must have:

(a) two lifeguards for one through twenty-five patrons;

(b) three lifeguards for twenty-six through fifty patrons;

(c) four lifeguards for fifty-one through one hundred fifty patrons;

(d) five lifeguards for one hundred fifty-one through two hundred fifty patrons;

(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.

(3) A public swimming pool of six thousand one square feet through nine thousand square feet must have:

(a) two lifeguards for one through twenty-five patrons;

(b) three lifeguards for twenty-six through fifty patrons;

(c) five lifeguards for fifty-one through one hundred fifty patrons;

(d) six lifeguards for one hundred fifty-one through two hundred fifty patrons;

(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.

(4) A public swimming pool of greater than nine thousand square feet must have:

(a) three lifeguards for one through twenty-five patrons;

(b) four lifeguards for twenty-six through fifty patrons;

(c) six lifeguards for fifty-one through one hundred fifty patrons;

(d) seven lifeguards for one hundred fifty-one through two hundred fifty patrons;

(e) one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.

(B) All Type "E" public swimming pools, as defined in Regulation 61-51, shall submit to the Department of Health and Environmental Control a lifeguard coverage plan. Upon approval by the department, Type "E" public swimming pools shall provide lifeguards in accordance with their approved plan.

(C) A public swimming pool, as defined in this chapter, required to have only one lifeguard shall, at all times, have at least one additional pool staff employee present and available to make an emergency call if necessary.

(D) Any request for a variance from these provisions must be made in writing and must include a site-specific evaluation that demonstrates proof of equivalency with these provisions. The Department of Health and Environmental Control will consider the variance request and will provide written notice of its decision.

HISTORY: 2012 Act No. 159, Section 1, eff May 14, 2012.