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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1023/96

Public Pools Regulations
under the
Public Health Act
(O.C. 96-572)

Amended by:

49/97

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1023/96

Public Pools Regulations
under the
Public Health Act
(O.C. 96-572)

Under the authority of section 11 of the Public Health Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Public Pools Regulations .

CNR1023/96 s1

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Definitions

        2. In these regulations

             (a)  "above ground pool" means a pool constructed in a manner that allows it to be removed and re-established at a different site;

             (b)  "Act" means the Public Health Act ;

             (c)  "apartment building" means a building intended for residential purposes in whole or in part that contains more than 4 residential units, and whether consisting in whole or in part of a condominium units or rental units;

             (d)  "assistant lifeguard" means a person designated by the owner or operator to assist a lifeguard to supervise bather safety;

             (e)  "bather" means a person who enters a public pool or its immediate area for the purpose of swimming, diving, bathing, sliding or otherwise using the pool water for recreation;

              (f)  "campground" means land or premises used as an overnight camping facility;

             (g)  "clean water" means water added to a public pool after treatment in a pool recirculation system that is operating to manufacturers minimum specifications;

             (h)  "club" means an organization that operates facilities for the use of its members and their guests;

              (i)  "day camp" means a camp or resort that admits persons for a continuous period not exceeding 24 hours;

              (j)  "deck" means the surface surrounding and immediately adjacent to the pool, on which bathers stand and walk as they make use of the pool;

             (k)  "fill-and-draw pool" means a pool in which the cleanliness of the water is maintained primarily by the removal and replacement of water at periodic intervals;

              (l)  "flume" means a watered chute down which bathers slide;

            (m)  "guest" means a person who contracts for sleeping accommodations in a hotel or motel and includes each person accompanying the contracting person;

             (n)  "hotel" means a hotel, motel, resort or other building or premise operated to provide sleeping accommodations for the public;

             (o)  "inspector" means an officer appointed or designated by the minister to enforce these regulations;

             (p)  "lifeguard" means a person appointed by the owner or operator to maintain surveillance over the bathers while they are on the deck or in the pool and to supervise bather safety;

             (q)  "make?up water" means water added to a public pool from an external source;

              (r)  "on duty" in reference to a lifeguard or an assistant lifeguard means on deck and in a position to observe and monitor all swimming and deck activities;

             (s)  "operator" means a person, firm or organization designated by the owner of a public pool as being responsible for the operation of the pool;

              (t)  "owner" means a person, firm or organization who is the owner of a public pool;

             (u)  "public pool or pool" means an artificially constructed body of water that is intended for swimming, bathing, diving, wading, sliding or similar use involving immersion of peoples' bodies or parts of them;

             (v)  "receiving pool" means a swimming pool located to receive sliders at the base of one or more slides in a waterfun park;

            (w)  "slider" means a bather who is using one or more slides or similar facilities at a waterfun park;

             (x)  "wading pool" means a structure, basin or tank containing an artificially created pool of water that is 75 centimetres or less in depth throughout and is used for swimming, bather, wading or other similar purposes;

             (y)  "waterfun park" means an aquatic recreation facility which has recreational water slide flumes and associated receiving pools; and

             (z)  "whirlpool" means a swimming pool designed primarily for therapeutic or recreational use that

                      (i)  is not drained, cleaned or refilled before use by each individual, and

                     (ii)  utilizes hydrojet circulation, air induction bubbles or hot water or any combination of them.

CNR1023/96 s2

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Exemption

        3. (1) The minister may permit a pool which operated under the Department of Health (Swimming Pools) Regulations, 1973 , during the year immediately preceding the coming into force of these regulations to be licensed under these regulations notwithstanding that it does not meet all requirements of these regulations and provided that

             (a)  he or she is of the opinion that the safety of that pool to users is not compromised; and

             (b)  those changes ordered by the minister or time limits within which these regulations must be complied with are carried out.

             (2)  These regulations do not apply to

             (a)  a pool of water used by an individual or family or their guests for private recreational use on private property; and

             (b)  natural bodies of water, contained, dammed or otherwise, which are used as swimming and bathing areas.

CNR1023/96 s3

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Classes of public pools

        4. (1) The following classes of public pools and other water areas are established:

             (a)  a Class A pool is

                      (i)  a pool, access to which the general public is entitled,

                     (ii)  a pool operated in conjunction with, or as a part of, a program of the YM-YWCA or similar institution or an educational, institutional, physical fitness or athletic institution supported in whole or in part by public funds or public subscription,

                    (iii)  a pool operated on the premises of an apartment building, a mobile home park or a student nurses, interns or apprentices residence, for the use of the occupants and their visitors,

                    (iv)  a pool operated on the premises of a hotel, for the use of its guests and their visitors,

                     (v)  a pool operated on the premises of a campground for the use of its tenants and their visitors,

                    (vi)  a pool operated in conjunction with

                            (A)  a club for the use of its members and their visitors, or

                            (B)  a condominium, cooperative or commune property for the use of the owners or members and their visitors, and

                   (vii)  a pool operated in conjunction with a day care centre, a day camp or an establishment or institution for the care and treatment of persons who are ill, aged or in custodial care, and their visitors;

             (b)  a Class B pool is

                      (i)  a pool of a portable type of construction that is erected above ground level which may also be called an above ground pool,

                     (ii)  a natural hot water pool, roman bath, hydro-swivel or hydro-therapy pool, whirlpool, hot tub or spa, and

                    (iii)  an artificial pool of water designed for non-swimming individuals intended for wading, having a depth of 75 centimetres or less; and

             (c)  a Class C waterfun park is an aquatic recreation facility consisting of recreational water slide flumes and associated receiving pools, otherwise known as water slides.

             (2)  A person shall not operate a fill and draw pool in the province.

CNR1023/96 s4

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Design

        5. All pools shall be designed by a professional engineer or registered architect in consultation with the minister's designated officials.

CNR1023/96 s5

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Registration certificate

        6. (1) A person shall not operate a public pool without a licence issued by the inspector that the minister may designate for the purpose.

             (2)  A license shall not be issued until a report has been made by an inspector stating that the facility complies with these regulations and the Act.

             (3)  An application for a licence shall be made to an inspector and shall include

             (a)  the date that the pool is intended to be opened for use;

             (b)  the class of pool intended to be operated; and

             (c)  the name, address and telephone number of the operator.

             (4)  An issued licence shall

             (a)  be displayed prominently by the person in whose name the licence is issued, in a conspicuous place within the immediate area surrounding the public pool in respect of which it is issued;

             (b)  be in a form and contain the information prescribed by the minister; and

             (c)  not be transferable.

             (5)  An inspector may enter into a building, structure or area designated as a public pool to examine the pool or records kept by an operator and to determine compliance with the Act and regulations.

             (6)  An inspector may

             (a)  close a pool;

             (b)  charge the owner or operator with a violation of these regulations; and

             (c)  issue an order, known as a violation order, directing the owner or operator of a pool found to be in violation of these regulations to take appropriate steps to correct those violations.

             (7)  A violation order made under subsection (6) shall indicate the time within which the violation is to be corrected and failure to correct a violation within that time is an offence and the inspector may close the pool for that failure.

CNR1023/96 s6; 49/97 s1

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Operation

        7. (1) A public pool shall be equipped, maintained, operated and used, in a manner that shall not become a source of danger to health or safety of the users or to public health.

             (2)  An owner or operator shall ensure that during periods when the pool is not intended to be open for use it is made inaccessible to persons who are not involved with its operation or maintenance.

CNR1023/96 s7

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Standards of Class A pools

        8. A Class A pool shall be constructed, equipped and operated in a manner that ensures that

             (a)  water, other than clean and unpolluted water, shall not be permitted to enter the pool;

             (b)  all floors, interior walls and surfaces are capable of thorough cleaning and floors have non-slip surfaces;

             (c)  the depths of the pool are clearly marked at the deepest point, and the shallowest point;

             (d)  the bottom of the pool slopes in compliance with industry standards;

             (e)  the pool is surrounded by a hard surface and impervious deck that is

                      (i)  sloped in a manner that drains water away from the pool, and

                     (ii)  capable of being efficiently washed and cleansed;

              (f)  surface water from adjacent areas does not drain onto the deck surrounding the pool;

             (g)  the outlet opening of all water pipelines serving the pool are covered with a satisfactory cover to prevent accidental entrapment of bathers;

             (h)  a water meter is provided;

              (i)  mechanical disinfection equipment is installed, and, where compressed chlorine or other gas is used, a separate storage room for the disinfecting equipment and gas cylinders are provided in accordance with section 12;

              (j)  a black disk 15 centimetres in diameter on a white background is provided at the deepest point in the pool or is available for use within the pool, to assess water clarity;

             (k)  the pool and deck surrounding the pool located in relation to the remainder of the pool in a manner that a person, other than bathers and other persons having right of access to the pool and deck, shall not have direct and uninterrupted access to the pool and deck;

              (l)  where there is a spectator gallery, it does not overhang any part of the pool, is provided with separate entrances and exits to those which service the pool, and contains a notice, the operator shall place, indicating that spectators are forbidden to enter the pool or deck surrounding the pool;

            (m)  the entrance and exit to the deck surrounding the pool shall be provided at that portion of the deck adjacent to the shallowest end of the pool;

             (n)  the depth of water in the pool immediately below the centre of the end of a diving board conforms with industry standards; and

             (o)  the maximum water depth of the pool does not exceed 4.5 metres.

CNR1023/96 s8; 49/97 s2

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Standards of Class B pools

        9. (1) Paragraphs 8(a), (b), (g), (h), (i), (l) and (m) shall apply to all Class B pools.

             (2)  Above ground pools shall be constructed, equipped and operated in a manner that ensures that

             (a)  the surface of an above ground pool platform is flush with the top of the pool tank;

             (b)  an above ground pool platform has a non-porous, impervious, non-slip surface, properly drained away from the pool;

             (c)  a barrier or guard rail is provided around the entire outer perimeter of an above ground pool platform, except at the entry and egress points;

             (d)  the area surrounding an above ground pool is sloped away from the pool and is adequately drained away from the pool;

             (e)  adequate water drainage is provided under an above ground pool platform; and

              (f)  stairs with hand rails are provided at entry and egress points of an above ground pool and that treads have a non-slip surface.

             (3)  Therapeutic pools or whirlpools shall be constructed and equipped in accordance with applicable CSA standards.

             (4)  A wading pool shall be made of durable material which is impervious to moisture and retains a texture which is non-slip and shall be constructed, equipped and operated in a manner that ensures that

             (a)  it is completely free of obstructions which may be hazardous to children;

             (b)  it has a floor with a maximum slope of 1:25 and a minimum slope of 1:50 ;

             (c)  it is entirely surrounded by a walkway which slopes away from the wading pool or basin edge at a uniform slope;

             (d)  it has a maximum depth of 75 centimetres; and

             (e)  the floor of a wading pool is finished in white or a light colour.

CNR1023/96 s9

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Standards, classic waterfun parks

     10. (1) Paragraphs 8(a), (h) and (i) of these regulations shall apply to all Class C waterfun park pools.

             (2)  Materials selected for components and accessories used in and around a water slide flume shall meet applicable CSA standards.

             (3)  A water slide flume and its receiving pool shall be watertight with smooth, inert, and nontoxic surfaces that are easy to clean.

             (4)  A water slide flume shall be designed to prevent a hazardous concentration of disinfectant fumes and enclosed sections shall be ventilated if necessary.

             (5)  A water slide flume shall be banked to keep a slider's body safely inside the flume or curve under all foreseeable circumstances.

             (6)  The construction, dimension and mechanical attachments of the components of a water slide flume shall ensure that the surface of the water slide flume is continuous and smooth throughout its length.

             (7)  A water slide receiving pool shall be of sufficient length, width and depth so as to prevent each person splashing down from a flume extension into the receiving pool from contacting the walls or bottom of the receiving pool, adjacent flume extensions or other persons exiting into the receiving pool.

             (8)  A water slide flume shall terminate either at a depth of not less than 15 centimetres below the receiving pool operating water surface level or not more than 7.5 centimetres above the water surface if the flume is level for a distance of at least 3 metres from the discharge end.

             (9)  A receiving pool shall have a deck area on not less than 3 sides.

           (10)  A deck along the egress side of a receiving pool shall have non-slip surfaces and be sloped away from the receiving pool to drainage or to deck drains and a deck at the entrance to the top of a water slide flume shall be non-slip and drained in a similar manner.

           (11)  A surge-free automatic water level control system shall be installed to ensure that the water in a receiving pool is maintained at the proper level.

CNR1023/96 s10; 49/97 s3

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Washroom facilities

     11. Washroom facilities shall be

             (a)  suitably located to be easily accessible from the pool area; and

             (b)  provided in compliance with the National Building Code.

CNR1023/96 s11

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Disinfection

     12. (1) Where disinfecting of water is provided by means of compressed gas, the gas storage room and equipment shall comply with these regulations.

             (2)  So far as practicable, the gas storage room shall be located wholly above ground level with an exit door leading directly to the open air, and the walls shall contain screened openings to the open air at floor and ceiling levels.

             (3)  The gas storage room shall be provided with emergency mechanical ventilation having sufficient capacity to produce 30 air changes per hour by means of suction at floor level and that ventilation system shall discharge directly to the open air.

             (4)  There shall be provided for use by a person operating the gas equipment a satisfactory self-contained or air supplied respiratory protective device located immediately outside the area of probable contamination and located within a dust tight cabinet to which access may be obtained without a key.

             (5)  Gas cylinders shall be anchored, and valve protection hoods shall be kept in place when the cylinder is not connected to the disinfecting equipment.

             (6)  All disinfecting equipment shall be installed and maintained in good condition and operated by or under the supervision of a responsible and experienced person trained in the operation of disinfection equipment.

49/97 s4

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Chemical and bacteriological quality

     13. The water in a pool shall be kept clean, continuously disinfected, of safe and satisfactory bacteriological and chemical quality, maintained free from visible pollution and in the case of a Class A pool be sufficiently clear to permit the black disk referred to in paragraph 8(j) to be clearly visible at the deepest point in the pool from a distance of 9 metres.

CNR1023/96 s13

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Owner responsibility

     14. (1) An owner and an operator of a Class A pool shall ensure that the total number of bathers permitted at a time on the deck and in the pool does not exceed the maximum bather load as determined by the following formula:

Maximum bather load = D/2.5 + S/1.4

Where D is the area in square metres of the part of the pool that is deeper than 1.35 metres; and

Where S is the area in square metres of the part of the pool that is 1.35 metres in depth or shallower.

             (2)  An owner and an operator of a Class B pool shall ensure that the total number of bathers permitted at a time on the deck and in the pool does not exceed the maximum bather load as determined by the following formula:

Maximum bather load = A/0.929

Where A is the number of square metres of area of the pool surface.

             (3)  For the purpose of these regulations, bathers or swimmers on the deck surrounding the pool shall be considered to be within the pool.

CNR1023/96 s14; 49/97 s5

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Recirculation and filtration

     15. (1) The recirculation, filtration and chemical treatment facilities of a Class A pool or a Class C pool shall be such that the volume of the entire pool contents are recirculated, replenished, filtered and treated in less than 6 hours, and the rate of water turn-over is at least 4 full changes per day.

             (2)  A Class B pool recirculation, filtration and chemical treatment system shall be such that, the volume of the entire pool contents are recirculated, replenished, filtered and treated

             (a)  in less than 6 hours and the rate of water turn-over shall be at least 4 full changes per day, for an above ground pool identified in subparagraph 4(b)(i);

             (b)  at least once in every 30 minutes, for a pool identified in subparagraph 4(b)(ii); and

             (c)  at least once in every 2 hours, for a wading pool identified in subparagraph 4(b)(iii).

             (3)  The recirculation of water flow within every Class A pool, Class B pool or Class C pool shall be measured by a suitably installed meter.

             (4)  A Class A pool, Class B pool or Class C pool shall be constructed to ensure that make-up water is capable of being added to the pool during each day in an amount not less than 14 litres per swimmer or bather, but cannot exceed 15% of the water quantity in the pool.

             (5)  An owner and an operator shall ensure that make-up water is free from contamination that may be injurious to the health of bathers.

             (6)  Adjustable clean water inlets shall be provided and located for Class A, Class B and Class C pools

             (a)  to provide uniform circulation of water;

             (b)  to prevent back-siphonage; and

             (c)  submerged beneath the water surface of the pool.

             (7)  Except for stoppage for necessary maintenance or repairs, when a Class A pool, Class B pool or Class C pool is in operation, all pumps, disinfecting equipment, filters and chemical feeders shall remain in continuous operation throughout the entire 24 hours of each day, notwithstanding that the pool may be closed to the public for part of each day.

             (8)  Water filters shall be protected by strainers capable of preventing hair, wool, lint or other fibrous matter from reaching or obstructing the filter.

CNR1023/96 s15

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Safety

     16. (1) An owner and an operator shall ensure that there are written emergency and operational procedures and instructions posted at the pool to be implemented in the event of an emergency, accident or injury in the pool.

             (2)  An owner and an operator of a pool referred to in subparagraphs 4(1)(a)(i) and (ii) shall ensure that lifeguards and assistant lifeguards as required by these regulations are on duty when a pool is operating and open for use by bathers.

             (3)  An owner and an operator shall ensure that where lifeguards and assistant lifeguards are on duty at a pool

             (a)  they are trained in emergency and operational procedures for the pool; and

             (b)  they are in accordance with the numbers and ratios indicated in the Schedule attached to these regulations.

             (4)  Where there is only one lifeguard on duty on the deck, an owner and an operator of a Class A pool shall ensure that there are, elsewhere on the premises and within call, one or more additional persons 17 years of age or more who are currently trained in Emergency First Aid and CPR and who are aware of the emergency and operational procedures for the pool.

             (5)  A lifeguard and an assistant lifeguard shall be clothed in a manner that is readily identifiable.

             (6)  A lifeguard and an assistant lifeguard shall be 17 years of age or older.

             (7)  A lifeguard shall hold a current lifeguard certificate and an assistant lifeguard shall hold a current assistant lifeguard certificate and when he or she is on duty those certificates shall be available at the pool for examination by the owner, operator or an inspector.

             (8)  For the purposes of this section a current lifeguard certificate means

             (a)  the National Lifeguard Services Lifeguard Certificate or the Royal Life Saving Society Bronze Cross, Award of Merit or Award of Distinction;

plus

             (b)  a Standard First Aid Certificate and a BCLS(CPR) Award; or

             (c)  another equivalent program approved by the minister.

             (9)  Those awards under paragraph 8(a) and for the Standard First Aid Certificate shall not be more than 2 years old on the date on which the lifeguard is on duty and for the BCLS(CPR) award not more than 18 months old on the date on which the lifeguard is on duty.

           (10)  For the purpose of this section a current assistant lifeguard certificate means

             (a)  the Royal Lifesaving Society Bronze Medallion, Bronze Cross, Award of Merit or award of distinction;

plus

             (b)  a Standard First Aid Certificate and BCLS(CPR) award; or

             (c)  another equivalent program approved by the minister.

           (11)  Those awards under paragraph 10(a) and for the Standard First Aid Certificate shall not be more than 2 years old on the date on which the assistant lifeguard is on duty and for the BCLS(CPR) award not more than 18 months old on the date on which the assistant lifeguard is on duty.

           (12)  For the purpose of this section a Standard First Aid Certificate means

             (a)  the Canadian Red Cross Society's Standard First Aid Certificate;

             (b)  the St. John Ambulance Standard First Aid Certificate;

             (c)  the Royal Life Saving Society's Aquatic Emergency Care Certificate; or

             (d)  another equivalent program approved by the minister.

           (13)  Where lifeguard services are not provided, the owner and operator shall inform users of the unavailability of life guarding services at the swimming pool and shall post in conspicuous locations and full view signs with letters not less than 15 centimetres high on at least 2 sides of the swimming pool stating the unavailability of life guarding services.

           (14)  An owner and an operator shall ensure that

             (a)  a person infected with a communicable disease or having open sores on his or her body does not enter the pool;

             (b)  a person does not bring a glass container onto the deck or into the pool;

             (c)  a person does not engage in boisterous play in or about the pool;

             (d)  the maximum number of bathers permitted on the deck and in the pool at any time conforms with the requirements of these regulations; and

             (e)  a telephone is conspicuously located, accessible and available for emergency use.

           (15)  An owner and an operator shall cause a sign to be prominently posted

             (a)  at the entrance to each shower area and at every entrance to the deck used by bathers, stating that each bather must take a shower before entering or re-entering the pool and pool deck area;

             (b)  identifying the telephone, referred to in subsection (14), as an emergency telephone and listing the names, telephone numbers and addresses of persons and organizations which provide resuscitation, medical aid, fire, ambulance, police and other emergency services; and

             (c)  bearing the words CAUTION - NO DIVING with the wording not less than 15 centimetres high, and in a conspicuous location and full view, where a pool has a maximum water depth of less than 250 centimetres.

           (16)  An owner and an operator shall not permit diving activity to take place in a supervised or life guarded pool where it is prohibited by these regulations.

           (17)  An owner and an operator shall ensure that there are provided, in places conveniently located for emergency use

             (a)  an electrically insulated or non-conducting reaching pole not less than 365 centimetres in length;

             (b)  2 reaching poles as described in paragraph (a) for pools larger than 500 square metres; and

             (c)  2 buoyant throwing aids, each of which has securely attached to it a.60 centimetres diameter rope of a length not less than 1/2 the width of the pool, plus 3 metres.

           (18)  An owner and an operator shall ensure that there is an identifiable room or area for the sole purpose of emergency care and this area shall contain

             (a)  a spine board with working straps or a device designed for securely transporting a person who has incurred a spinal injury; and

             (b)  a fully stocked first aid kit suitable for temporary treatment of all complaints and accidents which can reasonably be expected to occur within the pool and pool deck.

           (19)  A Class A pool, other than a pool installed at a recreational camp, shall be equipped with

             (a)  where the pool area is greater than 150 square metres, but not greater than 230 square metres, at least one control station that is restricted to the exclusive use of lifeguards and assistant lifeguards; and

             (b)  where the pool area is greater than 230 square metres, at least 2 control stations that are restricted to the exclusive use of lifeguards and assistant lifeguards.

CNR1023/96 s15; 49/97 s6

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Records

     17. An owner and an operator of a public pool shall keep and maintain water quality records in relation to that public pool that are required by an inspector or a medical health officer.

CNR1023/96 s17

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Prohibition

     18. An owner and an operator shall post signs in conspicuous view stating that no children under the age of 13 may swim without adult supervision at a pool where lifeguard service is not provided.

CNR1023/96 s18

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Repeal

      19. The Department of Health (Swimming Pools) Regulations, 1973, Newfoundland Regulations 407/78, 83/93 and 154/94 are repealed.

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Schedule

 

Column A

Column B

Column C

Number of Bathers at Pool (including bathers in the pool and on deck area)

Number of Lifeguards and Assistant Lifeguards that must be on duty in relation to the number of bathers indicated in Column A

Minimum number of lifeguards that must be on duty in the complement of lifeguards and assistant lifeguards indicated in Column B *

1 - 31 inclusive

1

1

31 ? 75 inclusive

2

1

76 - 150 inclusive

3

1

151 - 250 inclusive

4

2

251 or greater

4 + 1 additional lifeguard or assistant lifeguard for every number of hundreds or part number of hundred persons above 250

2

 

All other persons making up Column B numbers must be either lifeguards or assistant lifeguards

CNR1023/96 Sch

(Corrections of March 7, 1997 included.)