It has officially been summer for over a month now and people are grabbing their swimming gear and heading out to the various public pools located within the state.
But, you may be unaware of an important Administrative Rule of Montana (ARM) which states that non-swimmers and children under the age of 14 shall not use the pool without a responsible adult in attendance. A responsible adult in Montana is considered to be 18 years old and up.
This ARM is required to be posted at all public pool across the state of Montana. This applies to all under the age of 14 whether they are swimming in the pool or just hanging outside the pool. Once an ARM is adopted by the state of administrative rule, it will then become a law.
Even though all public pools are staffed with lifeguards, head guards, and managers, there still needs to be a responsible adult with them in case of emergency.
Steve Herrig, who is the Director of Park & Recreation in Great Falls, says they are working with aquatic staff around the state to try and get some of the wording changed of the ARM, where it possibly says responsible person, instead of responsible adult. If this change were to be made, the responsible person would still need to be at least 16 years old.
Steve said they are looking at all options, “There’s a possibility that we can use our managers and head guards that are over 18, that we could possibility use those as that responsible adult, but then we are getting into a babysitting service.”
Brittanie O’Connell, who is the manager at Electric City Water Park, says if they do make this change, it will put the lifeguards in a situation because 16 years old can’t sign off for anyone. She said, “If you have young kids at the pool and they get hurt, there’s someone there to take responsibility if they need to go get checked. For obvious reasons, we can’t give them a ride anywhere.”
Steve wants to be very cautious with this, if they were to try and change the ARM. He says they are hoping to get it worked out by the end of this summer season.
Here is the full text of the rule:
37.115.1402 GENERAL POOL SIGN REQUIREMENT
(1) All pools, spas, and other water features that are not required to provide lifeguards under these rules and which do not provide lifeguards shall post a sign that states "NO LIFEGUARD ON DUTY" in clearly legible letters at least four inches high. No other wording may be on this sign.
(2) All pools, spas, and other water features shall post the following sign in letters at least two inches high: "THE MAIN DRAINS MUST BE CLEARLY VISIBLE AND SHARPLY DEFINED FROM ANY POINT ON THE SIDE OF THE POOL. ANYTHING ELSE REQUIRES THE MANAGEMENT TO CLOSE THE POOL".
(3) Pools and other water features must post signs with the following wording or substantially similar wording:
(a) "Take a cleansing shower before using the pool";
(b) " Please do not use the pool if you have diarrhea or any other disease transmittable by water";
(c) "Do not bring food, drink, gum, or tobacco into the pool";
(d) "Nonswimmers and children under age 14 shall not use the pool without a responsible adult in attendance";
(e) "Swimmers who are not toilet trained must wear a swim diaper with waterproof pants with elastic opening for legs and waist";
(f) "Do not change diapers near the pool, or on the deck";
(g) "No running or rough play";
(h) "No glass or other breakable material allowed in the pool or deck area";
(i) "No animals in the pool or deck area except as required under the Americans With Disabilities Act";
(j) "Offensive or unsanitary behavior is prohibited"; and
(k) "Capacity of the pool is ________".
(4) Pools shall post a "NO DIVING" sign in any area where diving is prohibited.
(5) The facility shall fill in the capacity of the pool as approved in its license in the sign posted under (3)(k).
(6) The department may, as a licensing requirement, require additional notices to be posted if necessary to protect public health or safety based upon the layout of the particular facility.
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