KRS 211.203: Definitions of "Class A" and "Class B" -- Requirement of lifeguards at

Class A and Class B pools -- Alternative lifeguard staffing plans -- Exemptions

-- Administrative regulations.

(1) As used in this section:

(a) "Class A" means any pool or bat hing facility intended for or used by the

general public for recreational use; and

(b) "Class B" means any pool not open to the general public, but open to limited

groups and their invited guests, including but not limited to:

1. Health or athletic clubs;

2. Country clubs; or

3. Residential communities.

(2) (a) Lifeguards shall be required at all Class A and Class B pools if the pool

facility meets at least one (1) of the following criteria:

1. Allows persons seventeen (17) years of age or younger to enter the pool

facility enclosure without a responsible adult eighteen (18) years or

older;

2. Contains features such as induced waves or slides that are available for

use; or

3. Contains an entry into the pool f rom a height above the deck from a

diving board, platform, climbing wall or other similar feature, that is

available for use.

(b) If a Class A or Class B pool meets any of the criteria in paragraph (a) of this

subsection, it shall provide one (1) lifeguard for each one (1) to one hundred

(100) bathers.

(3) Lifeguards shall be required at all Class A pools that do not meet any of the criteria

in subsection (2)(a) of this section if the pool facility has:

(a) Two thousand (2,000) square feet or greater of wat er surface area, in which

case it shall provide one (1) lifeguard for each two thousand (2,000) square

feet or major fraction more than half thereof; or

(b) One hundred (100) or more bathers, in which case it shall provide one (1)

lifeguard for each one hundred (100) or more bathers.

(4) At a pool where the use is intended for aquatic events, swimming practice, or

swimming competition, the swimming coach or instructor that provides instruction

during the program may count as a lifeguard, provided the coach or instructor can

supervise the entire group.

(5) Notwithstanding subsections (2) and (3) of this section, the Cabinet for Health and

Family Services may allow Class A and Class B pools to submit an alternative

lifeguard staffing plan that has been certifi ed by a third -party compliance specialist

that is recognized by the Cabinet for Health and Family Services.

(6) All Class A and Class B pools shall be equipped with an emergency shut -off switch

to disconnect power to pool recirculation, chemical feed, and electrical devices

engaged with the water circulation system, which is located at a place quickly

accessible to lifeguards and other pool staff, but secure from the public.

(7) Any pool located on the same plat as a single -family residence and not used in

connection with a home occupation or business shall be exempted from the

provisions of this section.

(8) The Cabinet for Health and Family Services shall promulgate administrative

regulations in accordance with KRS Chapter 13A to implement this section.