SECTION 265.170. Lifeguard Requirements

(a) Waterfront supervision. A waterfront manager or director who holds a current lifeguard certificate or its equivalent shall be required to manage and direct all water-related activities in the non-swimming and swimming areas.

(b) Lifeguards required. A lagoon shall provide lifeguards if:

(1) alcohol is sold, served, or allowed to be brought in;

(2) motorboats are used or allowed;

(3) the lagoon is open to the general public;

(4) the lagoon is used for the recreation of youth groups, including youth camps, childcare, or school groups;

(5) unsupervised children under the age of 14 years are allowed; or

(6) users enter the water from any height above the deck or wall, including from diving boards, drop slides, starting platforms, or climbing walls.

(c) Minimum number. A minimum of two lifeguards shall be provided for each swimming area. In the non-swimming area of the lagoon, the owner or operator shall have a lifeguard safety plan in place that defines the number of lifeguards for non-swimming areas when open.

(1) The number of lifeguards shall be sufficient to provide adequate supervision and close observation of all users at all times.

(2) The number of lifeguards shall be sufficient to allow for alternation of tasks such that no lifeguard conducts surveillance activities for more than 60 continuous minutes.

(d) Surveillance. Each lifeguard shall be given an assigned surveillance area commensurate with ability and training.

(e) Other assigned duties shall not distract. Lifeguards conducting surveillance of users shall not be assigned duties that would distract the lifeguard's attention from proper observation of the users, or that would prevent immediate assistance to persons in the water.

(f) In-service training. Lifeguards shall be provided with alertness and response drills and other training, including:

(1) a pre-season training program to refresh skills;

(2) review of the Centers for Disease Control and Prevention standards for responding to formed-stool contamination, diarrheal-stool contamination, vomit contamination and contamination involving blood;

(3) a continual "in-service" training program totaling a minimum 60 minutes each week for each lifeguard; and

(4) performance audits as recommended by the ARC, Young Men's Christian Association, or equivalent aquatic safety organization.

(g) Records kept on-site. Records of each lifeguard's certification, including expiration dates, and in-service training records, shall be kept on-site for at least three years.

(h) Emergency action plan. An Emergency Action Plan shall be developed for the lifeguards and shall contain at a minimum:

(1) a list of emergency telephone numbers;

(2) the location of the first-aid kit and other rescue equipment such as the AED, BVM, and the backboard;

(3) a response plan for inclement weather such as thunderstorms, lightning, or high winds, including evacuation areas; and

(4) a plan following Centers for Disease Control and Prevention standards for responding to formed-stool contamination, diarrheal-stool contamination, vomit contamination, and contamination involving blood.

(i) Safety equipment. Lifeguards shall have access to safety equipment, including:

(1) An Occupational Safety and Health Administration (OSHA)-compliant 24-unit first aid kit housed in a durable weather-resistant container and kept filled and ready for use. The kit shall include disease transmission barriers and cleaning kits meeting OSHA standards.

(2) A number of backboards equipped with a head immobilizer and sufficient straps to immobilize a person to the backboard, in locations sufficient to affect a two-minute response time to an incident.

(3) At least one portable AED and one BVM kept in a secure location that can be easily and quickly accessed by lifeguards or other trained personnel.

(4) Platforms or stands are required where water surface area is greater than 2,000 square feet or where the depth of the water is greater than 5 feet and shall include a protective umbrella or sunshade high enough to give lifeguards a complete and unobstructed view of the area of responsibility for the lifeguards.

(j) Personal equipment. Each lifeguard shall be provided:

(1) uniform attire that readily identifies the lifeguard as a staff member and a lifeguard;

(2) a rescue tube with a strap;

(3) personal protective devices, including a resuscitation mask with one-way valve and non-latex, non-powdered, one-use disposable gloves worn as a hip pack or attached to the rescue tube; and

(4) a whistle or other signaling device for communicating to users, other lifeguards, or staff.

(k) Equipment for lifeguards for surf lagoons. In addition to the requirements for lifeguards in this section, lifeguards for surf lagoons shall be provided with any equipment necessary to reach the deepest area of the surf lagoon during an emergency. The equipment shall be accessible to all lifeguards, clearly labeled as "For Lifeguard Use Only" and shall be available at all times the surf lagoon is open and used for surfing.

Source Note: The provisions of this §265.170 adopted to be effective March 1, 2020, 45 TexReg 1024