Kentucky lawmakers have initiated legislation that will specify the number of lifeguards needed at public pools.

Kentucky House Bill 109 would require 1 lifeguard per 100 bathers if any public pool facility meets at least one of the following criteria: 1. Allows persons seventeen (17) years of age or younger to enter the pool facility enclosure without a responsible adult eighteen (18) years or older; 2. Contains features such as induced waves or slides that are available for use; or 3. Contains an entry into the pool from a height above the deck from a diving board, platform, climbing wall or other similar feature that is available for use.

This regulation would apply to public pools within health clubs, country clubs, or residential communities, or those that are 2,000 square feet or greater.

For pools that are not within health clubs, country clubs, or residential communities but are 2,000 square feet or greater, operators must provide 1 lifeguard for every 2,000 square feet of water surface area or 1 lifeguard for every 100 swimmers.

For pools used for aquatic events, swimming practice, or swimming competition, the swimming coach or instructor that provides the instruction during the program may count as a lifeguard. The bill comes in reaction to Kentucky’s 2023 regulation change concerning lifeguards, which stipulated that there must be 1 lifeguard per 2,000 square feet of water, regardless of the venue, age of the swimmers, or number of people in the pool.

As a result of that regulation, health club swimming pool operators were struggling to keep costs down because they were forced to employ multiple lifeguards even if only one person was bathing.

Meanwhile, senior aerobic swimmers were unable to participate in their activities without the requisite number of lifeguards and practicing swim teams could also not practice without those lifeguards despite the fact that their coaches and many swimmers are lifeguard certified.

Unable to afford the expense of so many lifeguards, many health club pools cut their hours, and activities were canceled. This new bill attempts to rectify that issue.

Bryanna Carroll with Kentucky League of Cities said several municipal pools had to close multiple days last summer because of the lifeguard regulation.

“We recognize the concerns of the Cabinet but want to make sure with this bill that we still ensure safety while addressing the obvious employment challenges,” Carroll said. “And I think this bill addresses those too.”

In addition to the new lifeguard requirements, the bill has another safety provision: All public pools will be required to have an emergency shut-off switch to disconnect power to pool recirculation, chemical feed, and electrical devices engaged with the water circulation system, which is located at a place quickly accessible to lifeguards and other pool staff but secure from the public.

The legislation contains an emergency clause, so if the bill is passed, it could go into effect at the start of the swimming season.