304 ADDITIONAL LIFEGUARD REQUIREMENTS — BATHER LOAD, POOL SIZE, VISUAL OBSTRUCTIONS, AND DIMENSIONS

304.1 Except as specified in Section 303, there shall be a minimum of one (1) lifeguard on duty capable of observing the swimming pool for every fifty (50) bathers permitted in the water as specified in Table 403.1 of the 2012 International Swimming Pool and Spa Code (ISPSC).

TABLE 403.1

MAXIMUM BATHER LOAD

POOL / DECK AREA	SHALLOW INSTRUCTIONAL OR WADING AREAS	DEEP AREA (NOT INCLUDING THE DIVING AREA)	DIVING AREA (PER EACH DIVING BOARD)
Pools with minimum deck area	15 sq. ft. per user	20 sq. ft. per user	300 sq. ft.
Pools with deck area at least equal to water surface area	12 sq. ft. per user	15 sq. ft. per user	300 sq. ft.
Pools with deck area at least twice the water surface area	8 sq. ft. per user	10 sq. ft. per user	300 sq. ft.

304.2 In addition to Subsection 304.1, when lifeguards are used, the aquatic facility's staffing plans shall include diagrammed zones of patron surveillance that:

(a) Ensures qualified lifeguards are capable of viewing the entire area of the assigned zone of patron surveillance;

(b) Ensures qualified lifeguards are able to reach the furthest extent of the assigned zone of patron surveillance within twenty (20) seconds;

(c) Identifies whether qualified lifeguards are in an elevated stand, walking, in-water, and/or other approved position;

(d) Identifies any additional responsibilities for each zone;

(e) All areas of an aquatic facility are assigned a zone of patron surveillance; and

(f) Lifeguard zones of patron surveillance are required in aquatic facility plans submitted for review.

Aquatic Facilities Regulations:

Swimming Pools, Spa Pools, And Saunas

304.3 Pool management shall increase the number of lifeguards based on the number of bathers in the swimming pool.

304.4 The Department of Health may require a lifeguard to be on duty if none exists, or require additional lifeguards to be on the deck, or restrict swimming to one (1) portion of any swimming pool because of the following:

(a) The number of lifeguards is inadequate to safely guard the swimming pool due to the number of bathers using the swimming pool;

(b) The shape, dimension, and layout of the swimming pool and filter room locations;

(c) The existence of an obstruction to vision; or

(d) The capability of the bathers using the swimming pool.

304.5 Swimming pools over eighteen hundred square feet (1800 sq. ft.) of water surface area shall have at least one (1) elevated lifeguard chair for each three thousand square feet (3000 sq. ft.) of swimming pool surface or fraction thereof. A deck-level lifeguard may be used in a designated area on the deck adjacent to shallow water instead of an elevated lifeguard chair.

304.6 Swimming pools with a width of forty-five feet (45 ft.) or more shall have more than one (1) lifeguard chair located on each side of the swimming pool.

304.7 The Department shall accept dimensional standards for competition type pools as published by the National Collegiate Athletic Association (NCAA), 2012 - 2013 or most recent addition; Fédération Internationale De Natation Amateur (FINA), 2015-2017 Handbook or most recent addition; 2015 - 2017 Official Technical Rules of United States Diving Inc. or most recent addition; 2015 United States Swimming Rules and Regulations or most recent addition, and National Federation of State High School Associations, 2015 - 2016 or most recent addition.

SOURCE: Final Rulemaking published at 64 DCR 5359 (June 9, 2017).