Q I am the president in our condo community, which has a swimming pool. The question has come up as to whether or not a lifeguard is required by law. One of the other board members is insisting that because we are a private community, we do not require a lifeguard. Please advise.

—Sink or Swim?

A “The answer to your question, whether the state of Rhode Island requires a condominium association that maintains and operates a pool is required to have a lifeguard on duty, does not rest on whether the association is a ‘private community.’ Rhode Island General Laws Title 23, Chapter 23-22 deals specifically with the issue of whether or not a lifeguard is required,” explains Pamela Jonah, junior partner at the Providence-based firm of Goodman, Shapiro & Lombardi, LLC. “The chapter is entitled, ‘Licensing of Swimming Pools’ and governs any ‘person,’ which is defined to include associations that maintain a swimming pool. If the association consists of 45 or fewer units, then the answer is simple. The law specifically states in part, ‘condominium projects with forty-five (45) units or less are not required to have a lifeguard on duty at any swimming pool located on the premises. Provided, that where there is no lifeguard required to be on the premises, no minor shall be permitted access to any swimming pool on the premises unless accompanied by a parent or other responsible adult.’ Accordingly, in associations consisting of 45 or fewer units, if the association elects not to hire and maintain a lifeguard during pool hours, then the association should enact a rule consistent with this section, prohibiting access to the pool by minors unless accompanied by an adult (a person over the age of 18). The association may want to consider hiring someone for the sole purpose of monitoring the pool during hours of operation to enforce this rule and ensure compliance. Further, although not specifically required under this section of the general law, we would recommend posting a sign stating, ‘No lifeguard on duty; swim at your own risk’ and a sign stating, ‘No one under 18 permitted unless accompanied by an adult.’

“If the association consists of more than 45 units, then R.I.G.L. c. 23-22 § 23-22-6 would apply, which states in pertinent part, ‘No lifeguard shall be required for any pool…provided, a lifeguard shall be on duty if the pool is used by a swim club or a group of unsupervised children who may have access to the pool.’ Again, it appears that as long as the association ensures, through rule enactment and enforcement that no swim club or group of unsupervised children will have access to the pool, then the association may elect not to have a lifeguard on duty. However, under this section there is a list of additional requirements that the association must comply with when no lifeguard is on duty. The include: (1) Require an attendant and/or mechanical system to limit access to guests and members only; (2) Require a person trained in first aid to be physically located in close proximity to the pool in question; (This requirement raises the question of whether it would make more sense at this point for an association to simply have a certified lifeguard on duty during pool hours of operation). The section goes on to require eight signs to be posted in a conspicuous place. The list is too extensive to reproduce here, but since the signs are required under the R.I.G.L. Title 23 c. 23-22, §23-22-6, boards of associations with over 45 units should educate themselves about the required signs.

Finally, as with any general liability issue, boards of associations with pools should always check with their insurance advisors concerning coverage issues and be advised that the hiring of a lifeguard raises other issues to consider, such as certification requirements, payment of employment taxes and possibly workers compensation coverage. All of these are issues that should be raised with the association’s insurance adviser.”