The Medical, Military, Public and Municipal Affairs Committee proposes the following Amendment No. 1 to H. 4739 (COUNCIL\NBD\12252AC12):

Reference is to Printer's Date 6/2/11-H.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION      1.      Chapter 1, Title 44 of the 1976 Code is amended by adding:

     "Section 44-1-157.      (A)      All Type A public swimming pools, as a condition of obtaining and maintaining an operating permit shall provide lifeguards, as defined in Regulation 61-51, in accordance with the following:
     (1)      A public swimming pool of three thousand square feet or fewer must have:
           (a)      one lifeguard for one to twenty five patrons;
           (b)      two lifeguards for twenty-six through fifty patrons;
           (c)      three lifeguards for fifty-one through one hundred fifty patrons;
           (d)      four lifeguards for one hundred fifty-one through two hundred fifty patrons;
           (e)      one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
     (2)      A public swimming pool of three thousand one square feet through six thousand square feet must have:
           (a)      two lifeguards for one to twenty five patrons;
           (b)      three lifeguards for twenty-six through fifty patrons;
           (c)      four lifeguards for fifty-one through one hundred fifty patrons;
           (d)      five lifeguards for one hundred fifty-one through two hundred fifty patrons;
           (e)      one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
     (3)       A public swimming pool of six thousand one square feet through nine thousand square feet must have:
           (a)      two lifeguards for one to twenty five patrons;
           (b)      three lifeguards for twenty-six through fifty patrons;
           (c)      five lifeguards for fifty-one through one hundred fifty patrons;
           (d)      six lifeguards for one hundred fifty-one through two hundred fifty patrons;
           (e)      one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
     (4)      A public swimming pool of greater than nine thousand square feet must have:
           (a)      three lifeguards for one to twenty five patrons;
           (b)      four lifeguards for twenty-six through fifty patrons;
           (c)      six lifeguards for fifty-one through one hundred fifty patrons;
           (d)      seven lifeguards for one hundred fifty-one through two hundred fifty patrons;
           (e)      one additional lifeguard for each one hundred patrons greater than two hundred fifty patrons.
     (B)      A public swimming pool required to have only one lifeguard shall, at all times, have at least one additional pool staff employee present and available to make an emergency call if necessary."
     (C)      All Type E public swimming pools, as defined in Regulation R.61-51, shall submit to the Department of Health and Environmental Control a lifeguard coverage plan. Upon approval by the Department of Health and Environmental Control, Type E public swimming pools must provide lifeguards in accordance with their approved plan."
     (D)      Any request for a variance from these provisions must be made in writing and must include a site-specific evaluation that demonstrates proof of equivalency with these provisions. The Department of Health and Environmental Control will consider the variance request and will provide written notice of its decision."

SECTION      2.      This act takes effect upon the approval by the Governor .            /

Renumber sections to conform.
Amend title to conform.