§ 167.19 — Supervision and Certification

§ 167.19 Supervision and Certification.

(a) Supervision. Aquatic Supervisory Staff defined under 24 RCNY Health Code § 167.19(c) shall be on duty at the waterside at all times when a bathing beach is used by the bather(s) and shall provide continuous visual supervision and surveillance of the bathers in their assigned or designated area of coverage, without interference or interruption of his/her duties unless additional qualified staff is provided. The staff shall not be subject to duties that will divert their attention from the safety of the bather(s), or that will prevent immediate assistance to persons in distress in the water. (1) Minimum Supervision Requirement. At least one aquatic supervisory staff person having at least the required supervisory level required under 24 RCNY Health Code § 169.19(c) shall be provided at all times for continuous visual surveillance for each 50 yards of beachfront or fraction thereof. Sufficient aquatic supervisory staff must be provided for visual surveillance of the entire bathing area(s) open for swimming or bathing. (2) Additional Supervision. The Department may require additional aquatic supervisory staff whenever it is necessary for the protection of the bathers. Factors for additional aquatic supervision requirement may include, but are not limited to: bather loads, currents, tides, and any other conditions which may cause changes in water conditions; size and configuration of beach shape; diving board use; and other bather activities. (3) Area without Supervision. Legible signs stating "No Swimming or Bathing" must be posted at areas not permitted/approved for bathing on property adjoining the designated bathing area that is owned or under control of the permit holder. (4) Lifeguard Not on Duty. When no lifeguard is on duty at a beach, legible signs stating "No Lifeguard on Duty – Bathing and Swimming Prohibited", or language to that effect, shall be posted at every entrance to the bathing area. The sign must be at least 36" × 24" in size, with letters at least two inches high. (b) Operator. All bathing beach and beach facilities shall be maintained and supervised by a responsible person who, as the operator, shall maintain the beach in compliance with the provisions of this Article. The operator of the bathing facility shall be accountable for, but not be limited to, the following responsibilities: (1) Controlling decorum and activities at the bathing site; (2) Hiring and retaining adequate and qualified supervisory personnel; (3) Reporting injuries and deaths to the Department; (4) Public notification for potential contamination, confirmed contamination or public health hazards; (5) Monitoring weather, and other environmental conditions, that impact the beach; and (6) Maintaining the physical facilities as required by this Article. (c) Certifications. All bathing beaches shall be supervised by the required certified personnel. Copies of certificates or other documents showing possession of such qualifications shall be kept at the facility at all times and shall be presented for inspection by the Department upon request. (1) Lifeguards. Appropriately certified lifeguards shall be present whenever the beach is open. A minimum of one supervising lifeguard is required for bathing beaches that require three or more lifeguards. The lifeguard shall meet the following minimum requirements: (A) Ocean Surf Beach: Supervision Level I – Surf Lifeguards (i) Shall be at least 16 years old; and (ii) Shall possess a current American Red Cross Basic Life Support for the Professional Rescuer Cardiopulmonary Resuscitation ("CPR") certificate or American Heart Association Course "C" CPR certificate, or an equivalent certificate approved by the New York State Department of Health. Certification period must not exceed one year; and (iii) Must possess a current Municipal Lifeguard Certification, or accepted equivalent certificate having successfully completed a minimum 20-hour (24-hour if first aid skills are included) surf lifeguard training courses acceptable to The New York State Department of Health. All training and ocean testing must be satisfactorily completed prior to assignment at ocean front. The certification period must not exceed three years. (B) Non-Surf Beach: Supervision Level IIb – Beach Lifeguard (i) Shall be at least 16 years old (or 15 years old if supervisory lifeguard is present); and (ii) Shall possess a current American Red Cross Basic Life Support for the Professional Rescuer CPR certificate or American Heart Association Course "C" CPR certificate, or an equivalent certificate approved by the New York State Department of Health. Certification period must not exceed one year; and (iii) Shall successfully complete a minimum 20-hour (24-hour if first aid skills are included) lifeguard training course (including a beach module) acceptable to the New York State Department of Health and possess a current certificate thereof. Certification period must not exceed three years. (C) Supervision Level III (i) Shall be at least 18 years old (or 16 years old if certified as Level II Lifeguard); (ii) Shall possess a current American Red Cross Community – CPR certificate, or equivalent approved by the New York State Department of Health. Certification period shall not exceed one year; and (iii) Shall be competent to: (a) understand and apply the rules and regulations of this Article and implement the safety plan; (b) evaluate environmental hazards; (c) use lifesaving equipment; and (d) undertake bather/crowd control. (D) Supervising Lifeguard. Beaches that require Supervision Levels I and IIb aquatic supervisory staff shall provide a supervising lifeguard when the facility is required to provide three or more aquatic supervisory staff. (i) Shall have the lifeguard qualifications specified in 24 RCNY Health Code § 167.19(c)(1)(A) for Ocean Surf Beach or 24 RCNY Health Code § 167.19(c)(1)(B) for Non-Surf Beach, as appropriate for the beach; and (ii) Shall have at least two seasons of adequate lifeguard experience.