50-53-107. Pool operation to be sanitary, healthful, and safe — when lifeguard not required. (1) Public swimming pools and public bathing places, including pool structures, methods of operation, source of water supply, methods of water purification, lifesaving apparatus, safety measures for bathers, and personal cleanliness measures for bathers, must be sanitary, healthful, and safe.

Terms Used In Montana Code 50-53-107

  • Public swimming pool: means an artificial pool and related appurtenances for swimming, bathing, wading, or other aquatic therapy or recreation, including but not limited to natural hot water pools, spas, splash decks, water slides, lazy rivers, and wave pools. See Montana Code 50-53-102
  • Spa: means an artificial pool that is designed for recreational bathing or therapeutic use and that is not drained, cleaned, or refilled for individual use. See Montana Code 50-53-102

(2)A lifeguard is not required for a privately owned public swimming pool if:

(a)a sign is prominently displayed on the swimming pool premises with the words “No lifeguard is on duty” or words of substantially the same meaning; and

(b)one individual per shift is on the premises, accessible to the pool, and currently certified as competent in cardiopulmonary resuscitation by either the American red cross or the American heart association.

(3)Tourist homes providing spa facilities to their guests shall prominently display a sign on the spa premises with the words “No lifeguard is on duty” or words of substantially the same meaning. Tourist homes providing spa facilities to their guests are exempt from the requirements of subsection (2)(b).