AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CONCERNING THE PROVISION OF LIFEGUARDS AT CERTAIN POOLS.

This Act removes the requirement for a lifeguard at a pool exclusively serving a residential or apartment community not accessible to the general public. Under existing law, a lifeguard is not required at a hotel, motel, or campground. A lifeguard is not required in a family community when the pool is or will ultimately be owned by residents. Requiring a lifeguard at a pool that is not accessible to the public increases the cost for private communities which must be passed on to tenants in the form of higher rent. This legislation aligns the statutory and regulatory requirements so that the lifeguard requirement in a rental community is the same as for a single family residential community, hotel, motel, and campground.