Republic of the Philippines

HOUSE OF REPRESENTATIVES % TIME: £:007
‘Quezon City +0,
BY:
EIGHTEENTH CONGRESS
Second Regular Session
House ei no. 7897 _

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

study the Philippine Statistics Office in 2013 showed that an average of 3726 cases od accidental
drowning and submersion occurs annually in the Philippines. 40% of this number are children
age 14 and below. Considering the alarming number of people dying due to drowning, it is the
State's responsibility to reduce the drowning mortality of the country by introducing and
enhancing interventions on drowning prevention especially in high risk groups.

In this regard, this proposed measure mandates establishments operating public swimming pools
to employ at least one (1) certified lifeguard during all hours of operation. This proposed measure
also enjoins local government units, through local health officers, to monitor the implementation
of this measure and to ensure that establishments duly comply with the requirements set by this
measure.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

RA S. ity
/ 2hd District, Parafiaque Cit

(3 RECEIVED “aN

22 BATE:.2C7 16 a



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7897

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
REQUIRING THE EMPLOYMENT OF QUALIFIED LIFEGUARDS IN ALL PUBLIC
SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the "Lifeguard Act of 2020".

Sec. 2. Definition of Terms. — For purposes of this Act, the following terms shall be defined as
follows:

a) Swimming Pool refers to a tank or large structure that is filled with water intended for
educational, training, recreational, or competitive swimming or diving and its adjunct
bathing facilities, if any.

Public swimming pool refers to any swimming pool operated for public or collective use,
either for commercial purposes or free-of-charge, including but not limited to pools
operated in hotels, inns, motels, condominium buildings and complexes, village
clubhouses, and any other public setting, or residential setting other than a single-family
home.

Lifeguard refers to an expert swimmer trained in lifesaving techniques who is employed
by the pool operator to protect bathers and swimmers, prevent drowning and related
water injuries, and ensure orderly and safe use of the swimming pool facilities.

d) Operator refers to the owner, manager, or administrator of the public swimming pool.

s

2

Sec. 3. Lifeguard Requirement. - Each public swimming pool shall employ at least one (1)
certified lifeguard during all hours of operation. In excess of every two hundred fifty (250) square
meters of swimming pool, an additional lifeguard shall be employed by the pool operator. Said
lifeguard must be duly certified by any nationally-recognized organization accredited by the
Department of Health (DOH), Philippine Coast Guard or Technical Education and Skills
Development Authority (TESDA).

The pool operator shall provide the appropriate local government unit (LGU) with a certification
and supporting documents proving that he or she has hired and is currently employing the


required number of certified lifeguards at his or her pool facilities based on the formula given in
the preceding paragraph.

Sec. 4, Role of the Local Government Unit. — The LGUs shall ensure the compliance of all
public swimming pools with this Act through periodic local inspections coordinated by the Local
Health Officers, or other personnel as it may see fit to assign. The respective LGUs shall not
approve or renew the operating permit of the pool operator unless it has verified the certification
and supporting documents mentioned in the preceding section of this Act.

Sec. 5. Penal Provisions. — The following penalties shall be imposed:

a) A pool operator who fails to employ the required number of lifeguards as specified under
Sec. 3 of this Act shall pay:

i. First Offense: A fine of Twenty Thousand Pesos (P20,000.00) and the suspension
of the facility's operating permit for a period not exceeding sixty ( 60) days;

li, Second Offense: A fine of Fifty Thousand Pesos (PS0,000.00) and the suspension
of the facility's operating permit for a period not exceeding one-hundred-and-
twenty (120) days; and

ili, Third Offense: A fine of One Hundred Thousand Pesos (PI00,000.00) and the
revocation of the facility's permit to operate.

b) In the event of serious injury or death in a public swimming pool, the pool operator who
fails to employ the required number of lifeguards under Sec. 3 of this Act shall be punished
by imprisonment for not more than six (6) months and shall pay a fine of Two Hundred
Thousand Pesos (P200,000.00).

©) In the case mentioned in the immediately preceding paragraph, the LGU official
responsible for the inspection of the public swimming pool shall be held administratively
liable if caused by his or her omission or neglect to fulfil his or her duty.
In the event of serious injury or death of any person in a swimming pool, the on-duty
lifeguard who, through gross negligence or imprudence, fails to protect said person from
injury or death shall be punished by imprisonment for not more than one (1) year and
shall pay a fine of Two Hundred Thousand Pesos (P200,000.00). The pool operator and
the lifeguard shall be held jointly and solidarity liable for any damages and civil liabilities
imposed as a result of the negligent or imprudent act.

d)

Sec. 6. Separability Clause. — If any provision of this Act is held invalid or unconstitutional,
the other provisions not affected thereby shall remain in full force and effect.

Sec. 7. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules and
regulations, and issuances or parts thereof which are inconsistent with the provisions of this Act,
are hereby repealed, amended or modified accordingly.

Sec. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation in the Philippines.

Approved,