(a) Safety equipment. All private and public swimming pools must be equipped with:
(1) life-saving and emergency equipment to pull a person from the pool without entering the water; and
(2) a working telephone.
(b) Lifeguards.
(1) Except for public spas, health clubs, and hotels, as provided in paragraph (c), (d), and (e), 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 when the pool is open for use.
(2) Whenever any person is in the water, a lifeguard must:
(A) be on the deck and observing the pool; and
(B) 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) number of persons using the pool;
(B) shape, dimensions, or layout of the pool;
(C) existence of obstructions to vision; or
(D) capabilities of the persons using the pool.
(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.
(d) Health club. A swimming pool located on the grounds of a health club is not subject to paragraph (b) of this section, if it:
(1) has a water surface area less than or equal to 2,500 square feet 32 maximum depth of five feet;
(2) is used only for members or guests who are at least 16 years of age;
(3) includes posted safety, health, and warning signs, as required under subsection (f), translated in Spanish, French, Chinese, Korean, and other languages, as determined necessary by the Approving authority; and
(4) the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas.
(e) Health club contracts – Disclosure Statement Required.
(1) A health club not subject to paragraph (b) of this section, must provide:
(A) a contract for health club services, at the initial point of sale, that includes a disclosure statement, signed and dated by the member, that indicates the facility will not have a lifeguard on duty while the swimming pool is in use.
(f) Hotels. Except for on Saturday and Sunday between 11:00 a.m. and 7:00 p.m., paragraph (b) does not apply to a pool that has a water surface area less than 2,500 square feet located on the grounds of a hotel for the exclusive use of its registered guests if:
(1) the hotel is properly licensed under Chapter 54; and
(2) the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas.
(g) Safety Signs Required; Emergency Alert System.
(1) An owner of a public spa, health club, or hotel must post warning signs that meet the following:
(A) the size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas;
(B) a safety sign is posted in a permanent location adjacent to a health club or hotel in compliance with the American National Standard for Public Spas;
(C) the safety sign includes the user load of the pool;
(D) a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”;
(E) a chemical vat, feeder, pump, and line is labeled to identify the chemical in use;
(F) a chlorine gas warning sign reading “Danger—Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area;
(G) other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and
(H) a pool that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool reading “Warning: No lifeguard on duty. SWIM AT YOUR OWN RISK. Children under the age of 16 are not permitted to use the pool without adult supervision”; and
(2) the pool area has a 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
(B) notifies an employee of the health club or hotel when activated; and
(3) the health club or hotel 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 health club or hotel when the pool is open for use and no lifeguard is on duty; and
(4) the owner of the health club must have an employee who regularly inspects the swimming pool area to ensure the well-being and safety of its members and guests. (1971 L.M.C., ch. 45, § 1; 1986 L.M.C., ch. 33, § 1; 1990 L.M.C., ch. 27, § 1; 2000 L.M.C., ch. 12, § 1; 2017 L.M.C., ch. 30, § 1; 2018 L.M.C., ch. 14, §1; 2021 L.M.C., ch. 24, § 1.)
Editor’s note—2021 L.M.C., ch. 24, §2, states: Sec. 2. Transition. Following the effective date of this Act, the Department of Health and Human Services, is allotted up to 120 days, to prepare and plan an educational training program that provides an overview of COMCOR 51.00.02, Manual on Public Swimming Pool Operation, other related materials, and technical assistance for applicable health clubs exempt from the lifeguard requirement under Section 51-10(d), as amended.