Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 320 - Public Bathing Place Operations › Subchapter 3 - Operational Provisions › Section 310:320-3-2 - Personnel

Current through Vol. 41, No. 20, July 1, 2024
(a)
Transfer of ownership.
Each
				license holder of a public bathing facility shall notify the Department upon
				sale, lease, or other transfer of responsibility for the premises and shall
				supply the Department with the name and address of the new operator and/or
				owner.
(b)
Operation and
				management.
The bathing place shall be maintained under the supervision
				and direction of a properly trained operator with duties and responsibilities
				outlined in (d) below. Proper training can be obtained through attendance at
				short courses for swimming pool operators sponsored by the state, county, and
				municipal health departments; state colleges and universities, and
				organizations such as the YMCA, YWCA, and Red Cross.
(c)
Lifeguard.
(1) One (1) or more lifeguards shall be on
				duty at the pool side of all bathing places open to the general public, and all
				pools with diving boards or platforms higher than one (1) meter at all times
				when the pool is open and in use. These individuals have authority to enforce
				all rules and regulations pertaining to sanitation and safety.
(2) Lifeguards of public bathing places in
				Oklahoma shall have satisfactorily completed an advanced course of instruction
				in life saving and water safety equivalent to that offered by the American Red
				Cross or YMCA. Except for situations that satisfy (6) of this subsection,
				lifeguards shall be not less than sixteen (16) years of age. Lifeguards shall
				have a current life saving certificate, be capable swimmers, shall be competent
				in life saving methods, and be able to perform artificial respiration, and
				shall be in good physical condition. At least one (1) lifeguard holding a
				current certificate in cardiopulmonary resuscitation (CPR) and trained in
				multi-media or equivalent first aid shall be on duty at all times the pool is
				in use. The CPR and current advanced life saving certificate for each lifeguard
				employed shall be prominently displayed or posted at the checking stand or
				other convenient point so as to be easily read by the patrons. Bathing places
				open to the general public with water depths of four (4) feet or less may
				substitute persons passing an American Red Cross Basic Water Safety Course or
				its equivalent, rather than the Advanced Life Saving Course.
(3) Lifeguards assigned to the pool side
				shall not be subject to duties that would distract their attention from proper
				observation and supervision of persons in the pool area, or that would prevent
				immediate assistance for persons in distress in the water.
(4) The number of lifeguards on duty shall be
				such as to provide reasonable general supervision of the activities of all
				persons in the pool area, with detailed supervision and close observation of
				those persons in the pool water. The number shall also be sufficient to enable
				periodic relief or rest periods so that they will be alert while on duty. As a
				general approximation, it is recommended that the pool management provide at
				least one (1) lifeguard at the pool side for each seventy-five (75) persons in
				the swimming pool, with the determining factors being the type of pool, size of
				pool, ratio of surface area of deep water to the area of pool, temperature of
				the water, and quality of the water. Lifeguards shall wear distinguishing suits
				or emblems so that they may be easily identified by persons using the swimming
				facilities.
(5) In the case of
				pools not open to the general public, that limit the use of the pool to their
				tenants or guests, it is recommended that a lifeguard or attendant who is
				responsible to pool management be in attendance when the bathing place is in
				use. Pools not open to the general public which do not have lifeguards or
				attendants present during all hours of operation must post a sign at the
				entrance to the pool area stating "NO LIFEGUARD OR ATTENDANT ON DUTY."
(6) If there is a shortage of
				certified lifeguards (age 16 or older) due to an uncontrollable event,
				including but not limited to a public health emergency, war, severe acts of
				nature, or a labor shortage, adversely impacting a licensed public bathing
				place (establishment), the Department may approve an establishment's request to
				lower the age restriction stated in (2) of this subsection to individuals who
				have reached the age of 15. Each exemption is limited to the establishment
				making the request and to only one physical location operated by the
				establishment. An approved exemption is valid for one year from the date of
				approval and may be rescinded by the Commissioner of Health at any time. A
				letter submitted to the Department and requesting this exemption, must be
				signed by an individual with authority to bind the establishment, notarized,
				and include the following statements:
(A) the
				establishment states the nature of the uncontrollable event prompting the
				request;
(B) the establishment
				states how the uncontrollable event adversely impact ability to hire certified
				lifeguards;
(C) the establishment
				attests that the 15-year-old is in compliance with all other lifeguard
				regulations;
(D) the establishment
				attests that the responsibilities for 15-year-old lifeguards will be in
				compliance with
				29
				CFR 570.34(l); and
(E) an estimate of the percentage of
				15-year-old lifeguard staff.