(a) All bathing establishments shall be maintained and operated in a safe, clean and sanitary condition at all times.
(b) Certifications. All bathing establishments shall be operated and supervised by the required certified personnel. The pool operator shall not hire or retain any person who does not have verifiable aquatic supervisory staff qualifications. Copies of the certificates or other documents showing possession of such qualifications shall be kept on file at the facility and shall be readily available for inspection by the Department.
(1) Pool operator. A pool operator shall be designated and shall be responsible for the operation of the bathing establishment in compliance with this Article. No person who is charged with the operation of a bathing establishment shall engage in or be employed in such capacity unless the person obtains a certificate indicating successful completion of an adequate course of instruction regarding the safe and effective operation and maintenance of pool treatment equipment. "Adequate" is defined in 24 RCNY Health Code § 165.03. An adequate course of instruction shall be determined by the Department. A refresher course may be required for a licensed pool operator whenever deemed necessary by the Department. The Department may require that a refresher course be taken when continuing violations of the Article are found, when a water borne disease outbreak implicates the pool and/or spray ground water or sanitary conditions at the pool and/or spray ground, or when the Department requires such a course to acquaint the operator with current developments in pool operation.
(2) Aquatic supervisory staff. Except in a physical-therapy pool, appropriately certified aquatic supervisory staff shall be present whenever the pool is open. A minimum of one supervising lifeguard is required for pools that require three or more aquatic supervisory staff. The aquatic supervisory staff shall meet the following minimum requirements:
(A) Supervision Level II – Pool Lifeguard.
(1) Shall be at least 16 years old (or 15 years old if a supervisory lifeguard is present), and
(2) Shall possess a current American Red Cross Basic Life Support for the Professional Rescuer Cardiopulmonary Resuscitation (CPR) certificate or equivalent American Heart Association certificate, or an equivalent certificate approved by the New York State Department of Health. Certification period shall not exceed one year, and
(3) Shall possess a current American Red Cross Lifeguard Training Certification, or an equivalent certificate approved by the New York State Department of Health.
(B) Supervision Level III and IIIA.
(1) Level III.
(i) Shall be at least 18 years old (or 16 years old if certified as Level II Lifeguard); and
(ii) Shall possess a current American Red Cross Community-Cardiopulmonary Resuscitation (CPR) certificate, or equivalent certificate approved by the New York State Department of Health. Certification period shall not exceed one year, except if assisting a lifeguard as specified in 24 RCNY Health Code § 165.15(b)(2)(B)(2) below; and
(iii) Shall be competent to understand and apply the provisions of this Article and the Safety Plan, evaluate environmental hazards, use lifesaving equipment, and control bathers and crowds.
(2) Level IIIA. A supervision Level IIIA staff assists a lifeguard with direct supervision of bathers as specified in 24 RCNY Health Code § 165.15(c)(1)(C)(6) below. No person shall be qualified under this paragraph unless such person possesses certification in Lifeguard Management issued by the American Red Cross or a certificate issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of training in aquatic injury prevention and emergency response. Certification shall be valid for the time period specified by the certifying agency but shall not exceed a consecutive three year period from course completion.
(C) Supervising Lifeguard.
(1) Supervising lifeguard shall have the qualifications for Supervision Level II.
(2) Supervising lifeguard shall have at least two years adequate life guarding experience.
(c) Supervision. For pools, aquatic supervisory staff shall be on the pool deck and shall provide continuous visual supervision and surveillance of the patrons in their assigned or designated area of coverage, without interference or interruption of his/her duties unless additional supervisory staff is provided. The staff shall not be subject to duties that would distract their attention from proper observation of patrons in the pool area, or that would prevent immediate assistance to persons in distress in water. The aquatic supervisory staff shall clear the water of bathers when the pool area is left without adequate supervision. The following is the minimum number of aquatic supervisory staff required for visual surveillance of the entire pool area(s) that are open to bathing. Additional aquatic supervisory staff may be required by the Department whenever it is necessary for the protection of the patrons. The Department may consider such factors as pool size and shape, diving board use, patron decorum and usage by developmentally disabled patrons.
(1) Swimming pools:
(A) Pools with less than 3,400 square feet of surface water area: at least one Supervision Level II Lifeguard on duty for every 75 bathers.
(B) Pools with 3,400 square feet or greater in surface water area:
(1) At least one Supervision Level II Lifeguard shall be provided for each 3,400 square feet of pool surface area or fraction thereof.
(2) When the number of bathers exceeds or is likely to exceed 50 percent of the pool bather capacity based on 25 square feet of pool surface area per bather, at least one additional Supervision Level II Lifeguard shall be provided.
(3) At pools required to provide three or more Aquatic Supervisory Staff, a Supervising lifeguard is required.
(4) When included in the department approved safety plan, the pool operator may limit the portions of the pool open to bathers and provide the required aquatic supervisory staff consistent with the pool area open.
(C) Use of pool for lap swimming or similar restricted usage: When included in the department approved safety plan, usage of the pool limited to lap swimming or an organized small group activity, may be supervised by fewer lifeguards than required based solely on surface water area.
(2) Wading pools: At least one Level III supervisor shall be on duty.
(3) Spa pools: Except for spa pools described in 24 RCNY Health Code § 165.01(b), at least one Level III supervisor shall be on duty and provide periodic supervision at least once every 15 minutes, or as specified in the pool safety plan approved by the department.
(4) Physical-therapy pools: Except for spa pools described in 24 RCNY Health Code § 165.01(b), supervision by licensed health care providers such as physicians or therapists, qualified as Level III supervisors is required. Such person shall be in the pool or on the pool deck whenever pool is in use.
(5) Wave pools: A minimum of three Supervision Level II lifeguards, two of whom are in lifeguard chairs outfitted with the emergency switch that will immediately stop the wave machine, shall be present whenever the wave machine is in operation.
(6) Pools in usage during instructional activities: When instructional activities occur, including but not limited to learn to swim programs, physical education classes and swim team activities, and the required Supervision Level II staff (lifeguards, as per 24 RCNY Health Code § 165.15(b)(2)) provide the instruction, at least one additional staff meeting at least Supervision Level III must be provided for each aquatic supervisory staff engaging in instructional activities. When a Supervision Level IIIA staff is utilized to assist a Supervision Level II (lifeguard) staff with direct supervision of bathers during instruction, the Supervision Level IIIA staff must possess certification in aquatic injury prevention and emergency response as specified in 24 RCNY Health Code § 165.15(b)(2)(B)(2) above. The written Safety Plan must describe the duties, positioning at pool side and interaction between the lifeguard and Level III staff which ensures adequate bather supervision and emergency response. Note: where instructors, in the water or on the deck, supplement the required on-deck lifeguard(s) who do not provide instruction, no extra Level III supervision is required.
(7) White-water slide: Supervision by Supervision Level II lifeguards shall be provided in a number determined by the Department depending on the design of the facility. A proposed supervision staff plan shall be submitted in writing to the department for review and approval.
(d) Surveillance requirements for sauna and steam rooms: If a one-hour timer is not provided, as provided for in 24 RCNY Health Code § 165.63, an attendant who meets the definition of responsible person, shall inspect the facility at a minimal interval of 15 minutes during all periods of operation of a sauna and steam room and shall maintain a daily log of inspections.
(e) Supervision requirements for spray grounds: At least one Supervisory Staff as defined in 24 RCNY Health Code § 165.03, shall provide periodic supervision of the spray ground.