Section 0400-02-02-.26 - SWIMMING AND BATHING(1) Swimming and bathing are prohibited except in designated beach areas, waters and pools.(2) The Park Manager, with the approval of the Assistant Commissioner of Parks and Recreation, may post and enforce appropriate rules and regulations governing swimming areas. Violators of posted rules governing the use of pools and beaches will be subject to removal from the premises if the violation is flagrant or repeated or if in the judgment of the Park Manager the continued presence of the violator would create a hazardous condition in the area.(3) The Park Manager or his designated staff in a pool or beach area are charged with providing a safe condition in these areas and as such may, from time to time, regulate public use of these facilities for the protection of public health and safety. Nothing in these rules shall be construed as limiting the authority of a lifeguard or other personnel in regulating public behavior at beaches and other swimming areas, to only posted rules.(4) Scuba diving is prohibited within the limits of designated swimming, boat mooring, and boat docking areas.(5) Scuba diving will be permitted in those state park lakes which are within the borders of a park but only upon receiving a permit to do so from the Park Manager or his authorized representative. This permit will be granted upon demonstration by the applicant that he/she has received scuba certification which is granted to those successfully completing courses meeting the "Revised Instructional Standards: Minimum Course Content for Entry-Level Scuba Certification," January 16, 1986, including any subsequent revision to these standards. These standards are subscribed to by: National Association of Scuba Diving Schools, National Association of Underwriter Instructors, NAVI, PADI, Scuba Schools International and the YMCA. Provided, however, the Park Manager may refuse to grant a permit whenever in his judgment safety conditions or park operation concerns dictate.Tenn. Comp. R. & Regs. 0400-02-02-.26
Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.Authority: T.C.A. § 11-1-108.