N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 6-1.23

Current through Register Vol. 46, No. 50, December 11, 2024

Section 6-1.23 - Supervision

(a) Personnel. The requirements of this subdivision do not apply to pools described in section 6-1.2(o) of this Subpart.

(1)

(i) When a swimming pool, spa pool, or wading pool is part of a temporary residence or a campground, as defined in Part 7 of this Title, the operator must provide either Supervision Level IIa, IIb, III, or IV aquatic supervision. When Supervision Level III or IV is selected, on-premise CPR certified staff is not required. The temporary residence or campground operator must notify the permit-issuing official in writing of the supervision level selected and at least 15 days before making any subsequent changes to the supervision level selected for each swimming pool.

(ii) The operator of a temporary residence or campground bathing facility described in subdivision (i) of this paragraph shall not allow the use of the temporary residence or campground bathing facility by persons other than registered overnight patrons of the temporary residence or campground and their guests when Supervision Level III or IV is selected.

(2) The supervision level required at each swimming pool, other than those described in paragraph (1) of this subdivision, will be determined based on the following:

(i) Supervision Level IIa or IIb is required for all white water slides, wave pools or aquatic amusements and when any of the following are present: water depth is five feet or greater; diving boards; flotation devices (other than those bearing a U.S. Coast Guard Type I-III label); pool deck slides; surface area of the pool exceeds 2,000 square feet.

(ii) Supervision Level III is required at spa and wading pools.

(iii) Supervision Level IV is required when the water depth is less than five feet and the surface area of the pool is less than or equal to 2,000 square feet.

(3) Aquatic supervisory staff must meet the requirements of section 6-1.31 of this Subpart or section 6-2.20(a) of this Part. When a facility voluntarily provides aquatic supervisory staff or a supervision level exceeding those required by this section, all the requirements of this Subpart relative to supervision are applicable.

(4)

(i) At least one aquatic supervisory staff of at least the required supervision level shall be provided for each 3,400 square feet of pool surface area or fraction thereof at pools required to use Supervision Levels II-III personnel. When pools exceed 3,400 square feet of pool surface area at least one additional aquatic supervisory staff shall be provided 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. Pool operators may limit the portions of the pool open to bathers and provide the required aquatic supervisory staff consistent with the pool area open.

(ii) Adequate aquatic staff (Level II-III) must be provided for visual surveillance of the entire pool area(s) that are open to bathing.

(5) Additional aquatic supervisory staff may be required by the permit-issuing official whenever it is necessary for the protection of the pool patrons (bathers). Factors, including but not limited to, pool shape, diving board use, patron decorum, patron alcohol consumption; and, bathing facilities used primarily for the developmentally disabled may be the basis for increased coverage.

(6) The aquatic supervisory staff shall be at pool side, providing direct supervision of the pool patrons, except at pools requiring Supervision Level IV and spa pool facilities. At spa pools the Supervision Level III aquatic staff shall be on premises and shall provide periodic supervision as specified in the safety plan. Aquatic supervisory staff on duty shall be engaged only in activities that involve the direct supervision of bathers. When instructional activities occur, including but not limited to learn to swim programs, physical education classes and swim team activities, and the supervisory staff required by paragraphs (4) and (5) of this subdivision 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 III staff is utilized to assist a Supervision Level II staff with direct supervision of bathers during instruction, the Supervision Level III staff must possess certification in aquatic injury prevention and emergency response as specified in section 6-1.31(c)(2) of this Subpart. The written safety plan must describe the duties, positioning at pool side and interaction between the Supervision Level II and III staff which ensures adequate bather supervision and emergency response.

(7) At wave pool facilities, a minimum of three aquatic staff of Supervision Level II, two of whom are in lifeguard chairs equipped with equipment that will immediately stop the wave-making machine, shall be present whenever the wave- making machine is in operation.

(8) Swimming pools required to have Supervision Level II aquatic staff shall provide a supervising lifeguard when the facility is required to provide three or more aquatic staff.

(9) The facility operator shall be responsible for verification of aquatic supervisory staff qualifications. Copies of the certificates or other documents showing possession of such qualifications shall be kept on file at the site and made available to the permit-issuing official upon request.

(10) A swimming pool permitted to use Supervision Level IV, shall comply with the following pool use rules:

(i) Two or more adults, 18 years of age or older, must be present at the pool when the bathing facility is in use, with at least one adult on the pool deck.

(ii) Supervision Level IV facility personnel shall be on premises at all times the pool is in use and will conduct at least one visual check daily, prior to operation/use. The visual check shall confirm the pool is in compliance with the requirements of this Subpart, including safety equipment and water quality. Upon completion of these inspections, the personnel signs the log, and records the time of inspection and number of persons using the pool. A log is to be provided and maintained by the facility operator to record time of the periodic inspection(s) and other required information.

(iii) Children less than 16 years of age must at all times be accompanied by a parent or guardian or similar adult responsible for their safety and behavior while at the bathing facility.

(iv) A free telephone conveniently located must be provided at the facility with posted numbers for the nearest emergency service (police, fire department, ambulance, hospital).

(v) Required safety equipment must be provided at poolside unless otherwise specified in the safety plan.

(vi) Warning signs of a minimum 36" x 24" size with safety conditions and methods for summoning CPR certified individual, when CPR trained staff is required, must be posted. The warning sign must state:

Two or more adults, 18 years of age or older, must be present at the pool when the bathing facility is in use, with at least one adult on the pool deck.

Children less than 16 years of age must at all times be accompanied by an adult responsible for their safety and behavior while at the bathing facility.

Shallow Water - No Diving (for pools with water depths less than eight feet).

Method of summoning on-premise CPR staff (only where CPR trained staff is required).

Location of free telephone and numbers to contact.

(vii) The bathing facility operator shall provide to all patrons a written statement or brochure. Only patrons who have received this statement may use the bathing facility. The brochure or statement must state at least the following:

NEVER SWIM ALONE. A minimum of two adults, 18 years of age or older, must be present whenever this swimming facility is in use, with at least one adult remaining on the pool deck.

THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION. Children under 16 years of age must be accompanied to the bathing facility by a parent or guardian, (an adult who is responsible for the children and their behavior.)

IN AN EMERGENCY, NOTIFY THE FACILITY OPERATOR AND CONTACT HELP AS SOON AS POSSIBLE. A free telephone is provided at this facility (describe location). Telephone numbers for the nearest emergency medical service are posted.

Only use this facility during posted hours of operation.

Don't drink alcohol and swim.

(b) Lifesaving equipment.

(1) Required lifesaving equipment shall be readily accessible near the swimming pool deck at all swimming pools, and kept in good repair. Minimum equipment shall include:

(i) a first aid kit, which may be any commercially prepared 24-unit kit or a supply of bandaids, bandage compresses and self-adhering gauze bandages; and a pocket face mask or face shield with a one way valve to assist with CPR;

(ii) at Supervision Level IIa or IIb swimming pools: one rescue tube with an attached line for each lifeguard required by this section; one reaching pole at least 15 feet long; and a full-size commercially available spine board or a spine board six feet long and a minimum 16 inches wide provided with straps to aid in immobilization of a victim and hand holds; and

(iii) at Supervision Level IV swimming pools, temporary residence swimming pools using Supervision Level III in accordance with subparagraph (a)(1)(ii) of this section, or homeowner swimming pools as defined in section 6-1.2(o) of this Subpart: two U.S. Coast Guard approved ring buoys at least 18 inches in diameter fitted with a quarter-inch diameter line a length of 1.5 times the maximum width of the pool or 50 feet whichever is less, and a reaching pole at least 15 feet long.

(2) Elevated lifeguard chairs shall be provided at all pools greater than 2,000 square feet that utilize Supervision Level IIa or IIb aquatic supervisory staff. One elevated lifeguard chair is required for each 3,400 square feet of pool surface area or fraction thereof. The chairs shall be located so as to provide a clear, unobstructed view of the pool bottom in the pool area under surveillance and be in compliance with section 6-1.29, item 6.2, of this Subpart.

(c) Safety plan. Operators of swimming pools must develop, update and implement a written pool safety plan, consisting of procedures for daily bather supervision, injury prevention; reacting to emergencies, injuries, and other incidents, providing first aid and summoning help. The safety plan shall be approved by the permit-issuing official and kept on file at the pool. Approval will be granted when all the components of this section are addressed so as to protect the health and safety of the bathers, and the plan sets forth procedures to insure compliance with this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 6-1.23