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Republic of the Philippines

HOUSE OF REPRESENTATIV! oar 29
Quezon City, Metro Manila TIME: Fy
9, BY: #
SIXTEENTH CONGRESS |,

Second Regular Session

House Bill No. 53:'79,

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

Aquatic activities, although certainly enjoyable, pose a serious threat to life and limb
when the proper safety protocols are not established and observed, The safety risks of aquatic
activities are even larger for children, In fact, a 2009 report identified drowning as the second-
leading cause of death among Filipino children’. According to the same article, drowning rates
among children have remained at the same level for decades, indicating that it is an issue that
has been inadequately addressed by public policy.

One area in which public policy can address this issue is the regulation of public
swimming pools and bathing areas. Currently, some regulations do exist, but they are often not
followed. One essential requirement ~ the presence of a lifeguard at all times ~ is often forgotten
or disregarded by the operators of these public water areas. This legislation seeks to address
these concerns by accomplishing the following:

(1) Establishing a formula, based on World Health Organization standards, for the number
of lifeguards required to be on-duty at all times at public swimming pools;

(2) Mandating strict enforcement of the lifeguard requirement by the Department of He
and,

(3) Increasing the criminai liabilities for pool operators ‘who fail to comply with the
requirement, and penalizing negligent lifeguards whose actions, or lack thereof, result
in the death or serious injury of persons.

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‘Support for the passage and approval of this legisla}

dpresentative
frict, Valenzuela City

yan, D. (2009, December 18). Drowning 2nd top cause of kids deaths. Philippine Daily Inquirer. Retrieved
January 20, 2015, from http: ;newsinfo.inquirer net /topstories topstcries/view/20091215-242104 / Drowning-2nd-
top-cause-of kid-deaths



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5378

Introduced by Honorable Sherwin T. Gatchalian

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

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

SECTION 1. Short Title. - This Act shall be known as the “Lifeguard
Law of 2015”.

SEC. 2. Definition of Terms. - The following terms, for the purposes of
this Act, shall be defined as follows:

(a) Public swimming pool refers to any swimming pool or bathing facility
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.

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

(c) Operator refers to the owner, manager, administrator, or actual holder
of sanitary permit of the facility.


SEC. 3. Lifeguard Requirement, — Each public swimming pool shall
employ at least one (1) certified lifeguard for every two-hundred-and-fifty (250)
square meters of pool during all hours of operation. Said lifeguard shall be duly
certified as such by any nationally-recognized organization accredited by the
Department of Health.

The pool operator shall provide the appropriate local government unit
with a certification and supporting documents proving that he or she has hired
and is currently employing the required amount of certified lifeguards at the
pool based on the formula given in the preceding paragraph.

SEC. 4. Role of the Local Government Unit. - Pursuant to the
provision of the Local Government Code, 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 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 a fine of twenty
thousands pesos (P20,000) and the operating permit of the facility
suspended for a period not exceeding sixty (60) days. Upon the second
violation of this Act, the operator shall pay a fine of fifty thousand
pesos (P50,000) and the operating permit of the facility shall be
suspended for a period not exceeding one-hundred-and-twenty (120)
days. Upon the third violation of this Act, the operator shall pay a fine
of one hundred thousand pesos (P100,000) and the operating permit
of the facility shall be revoked

(b) In the event of serious injury or death of any person as a result of the
use of the pooi facilities, a pool operator who fails to employ the
required number of lifeguards under Sec. 3 of this Act shall pay a fine
of two hundred thousand pesos (P200,000) and shall be sentenced to
not more than six (6) months of imprisonment.

(c) In the case mentioned in the preceding paragraph of this Section, the
LGU official responsible for the inspection of the shall be held


administratively liable if the pool facility was able to ‘continue its
operations due to refusal, omission, or neglect to fulfil his or her duty.

(d) In the event of serious injury or death of any person as a result of the
use of the pool facilities, any on-duty lifeguard who through gross
negligence or imprudence fails to protect said person from injury or
death shall pay a fine of two hundred thousand pesos (P200,000) and
shall be sentenced to not more than one (1) year of imprisonment. The
pool operator and the lifeguard shall be held jointly and solidarily
liable for any civil liabilities imposed as a result of the negligent or
imprudent act.

SEC, 6. Separability Clause. - Should any part of this Act be déclared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting,

SEC, 7. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with 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 and/or in at least two (2) national
newspapers in general circulation.