.15 Standards for Limited Public-Use Pools.

A. An owner of a limited public-use pool shall ensure that:

(1) The construction of the pool is in compliance with:

(a) The American National Standard for Residential Inground Swimming Pools, if the pool is constructed in the ground or as a permanent structure in a building; or

(b) The American National Standard for Aboveground/Onground Residential Swimming Pools, if the pool is removable and located above ground or on ground;

(2) The barrier around the pool is in compliance with:

(a) Appendix E of the American National Standard for Residential Inground Swimming Pools, if the pool is used by a family day care home; or

(b) Local building codes, if the pool is donated for use by an organized group, agency, or other person for swimming lessons or water safety training;

(3) The pool and the operation of the pool are in compliance with Regulations .01—.05, .09—.12, .15, .19—.20, .24, .25B(3), .28, .31, .34, .37—.41, and .43—.54 of this chapter;

(4) The circulation system includes a properly sized flow meter to indicate the rate of flow;

(5) The dimensions of a diving area are:

(a) In conformance with Regulation .27B of this chapter; or

(b) If the diving area does not conform to Regulation .27B, the diving equipment is restricted from use by temporary barriers or is removed;

(6) A suction outlet is in compliance with Regulation .28 of this chapter to prevent suction entrapment;

(7) The following safety equipment is immediately available:

(a) A first aid kit as recommended by the American Red Cross;

(b) A mouth piece for CPR;

(c) Disposable latex plastic gloves;

(d) A light, strong rescue pole with a rescue hook designed for lifesaving;

(e) A rescue tube for each lifeguard, if a lifeguard is on duty; and

(f) A telephone for reaching 911 emergency service and the telephone location posted with the:

(i) Name and phone number of the nearest available police, fire, and ambulance or rescue unit;

(ii) Name of the facility or the name of the owner of the property where the pool is located; and

(iii) Location of the pool;

(8) An individual certified in cardiopulmonary resuscitation (CPR) for the professional rescuer and certified in first aid is on duty while the pool is in use;

(9) Pool chemicals are used and stored in accordance with manufacturers' directions and the material safety data sheet for a particular chemical; and

(10) The pool has backflow protection:

(a) For a potable water supply, in conformance with COMAR 09.20.01; and

(b) For waste water, in conformance with COMAR 09.20.01.

B. An owner of a family day care home using a limited public-use pool shall ensure that water safety supervision is provided in compliance with COMAR 07.04.01.22.

C. An organized group, agency, or other person using a limited public-use pool for swimming lessons or water safety training shall ensure that water safety supervision is provided as follows:

(1) An individual certified as an American Red Cross Water Safety Instructor, or with an equivalent certification that has been approved by the Secretary, is on-site to conduct swimming lessons or water safety training; and

(2) Aquatic rescue staff are on-site as follows:

(a) An individual certified in American Red Cross Basic Water Rescue, or with equivalent certification as approved by the Secretary, for each ten bathers, or fraction of ten bathers, if the pool:

(i) Is no more than 3 1/2 feet in depth at the shallow end of the swimming area;

(ii) Is no more than 5 feet in depth at the deepest point;

(iii) Has a rescue pole that can be practically used to reach beyond the midpoint of the pool and can be used within the pool enclosure without an obstruction, such as a wall or tall fencing, that restricts the use of the pole; and

(iv) Has no diving board, sliding board, or recreational play equipment, or the equipment is blocked off to restrict use; or

(b) An individual certified in American Red Cross Lifeguarding, or with an equivalent certification as approved by the Secretary, for each 25 bathers, or fraction of 25 bathers, if the pool:

(i) Is more than 3 1/2 feet in depth at the shallow end of the swimming area;

(ii) Has an area more than 5 feet in depth at the deepest point;

(iii) Does not have a rescue pole that can be practically used to reach beyond the midpoint of the pool, or an obstruction, such as a wall or tall fencing, exists within the pool enclosure that restricts the use of the pole; or

(iv) Has a diving board, a sliding board, or recreational play equipment that is not blocked off to restrict use.

D. This regulation does not prohibit an organized group, agency, or other person using a limited public-use pool for swimming lessons or water safety training from providing the portable safety equipment, aquatic safety personnel, pool operator, test kits, or other materials required for a limited public-use pool, to meet the requirements of this chapter.