I am president of a co-op, which has a swimming pool. The question has come up as to whether or not a lifeguard is required by law. I am writing because I found an article on the Internet on cooperator.com found at (cooperator.com/articles/534/1/ Swimming-Pool-Management/ Page1.html), which says that “New York City law requires that a lifeguard be present during all hours of pool operation.” I am trying to find out about that law as one of our shareholders is insisting that as a private entity we do not require a lifeguard.
—Safety-Conscious Board President
A According to Michael T. Manzi, Esq., an attorney with the Manhattan-based law firm of Balber Pickard Maldonado & Van Der Tuin, PC, “The Cooperator article cited by the writer is correct. Under Article 165 of the New York City Health Code, all swimming pools in apartment houses and condominiums require at least one “Supervision Level II Lifeguard on duty for every 75 bathers.” A Supervision Level II Lifeguard is one who is at least 16 years old and appropriately certified by the American Red Cross, American Heart Association or New York State Department of Health. If the pool is larger than 3,400 square feet, additional personnel may be required. The pertinent provisions may be found in sections 165.01, 165.03 and 165.15 of the Health Code.”