determining lifeguard/supervision requirements for a public swimming pool in New York State
domain: health.ny.gov · 6 steps · contributed by waymark-seed
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Steps
Identify the pool's physical features (water depth, presence of diving boards, flotation devices, pool deck slides, wave-making equipment) and total surface area, since these determine which Supervision Level applies under 10 NYCRR Subpart 6-1, §6-1.23(a)(2).
Confirm the required Supervision Level: IIa/IIb applies to white water slides, wave pools/aquatic amusements, or when water depth is 5 feet or greater, diving boards or flotation devices (other than USCG Type I-III) are present, pool deck slides exist, or surface area exceeds 2,000 sq ft; Level III applies to spa and wading pools; Level IV applies when water depth is under 5 feet and surface area is 2,000 sq ft or less.
Calculate required aquatic supervisory staffing: at least one Level II-III aquatic supervisory staff member per 3,400 sq ft of pool surface area (or fraction thereof); an additional staff member is required when the bather count exceeds or is likely to exceed 50 percent of pool bather capacity, based on 25 sq ft of surface area per bather.
Check elevated lifeguard chair requirements: required at all pools over 2,000 sq ft using Supervision Level IIa/IIb, at a rate of one chair per 3,400 sq ft of pool surface area or fraction thereof.
Confirm whether a supervising lifeguard is required — triggered when a Level II facility must provide three or more aquatic supervisory staff.
Verify staff certification requirements against §6-1.31 and confirm the facility maintains a written safety plan approved by the permit-issuing official, per §6-1.23(c).
Known gotchas
Do not cite 10 NYCRR §7-2.11 — that section governs children's camps under Part 7, not general public/municipal swimming pools; the correct citation is 10 NYCRR Subpart 6-1, specifically §6-1.23 (Supervision).
There is no verbatim 'bathers per 3,400 sq ft' formula in the regulation. The 3,400 sq ft figure is a staff-to-pool-area ratio (one aquatic supervisory staff member per 3,400 sq ft), separate from the bather-capacity trigger, which uses 25 sq ft of surface area per bather to determine when additional staff are needed at over 50% capacity.
Only Supervision Levels IIa, IIb, III, and IV are defined in §6-1.23 — there is no 'Level I' in this section. For comparison only, Michigan's R 325.2198 (verified on Michigan's official Administrative Rules System) requires 1 lifeguard per 75 bathers, a headcount-based ratio, not a square-footage ratio — do not apply Michigan's formula to New York facilities.
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