Every public swimming pool in Greenville County β including hotel, motel, apartment, condominium, fitness-club, campground, school, water-park, and municipal pools β is regulated under SC Code Title 44, Chapter 55, Article 23 and the SC Department of Health and Environmental Control (DHEC) Regulation 61-51, "Public Swimming Pools." SC Code Β§44-55-2390 mandates lifeguards at all Type "A" public pools as defined in R.61-51, with explicit patron-to-lifeguard ratios that scale with pool surface area (e.g., one lifeguard per 1β25 patrons in pools up to 3,000 sq ft; minimum two lifeguards in pools 3,001β9,000 sq ft; minimum three lifeguards in pools over 9,000 sq ft). Type "E" pools must file an approved lifeguard coverage plan with DHEC. Pools requiring only one lifeguard must also have a second pool-staff employee on site for emergency communication.
Public swimming pools and public spa pools in Greenville County are regulated by the State Recreational Waters Act (SC Code Β§44-55-2310 et seq.) and SC DHEC Regulation 61-51, "Public Swimming Pools." DHEC (effective July 2024 reorganized into the SC Department of Public Health, but its Environmental Affairs functions transferred to the SC Department of Environmental Services and SC DPH) issues construction permits and operating permits for, and inspects, every public pool in Greenville County. Public pool is defined broadly: any pool other than one serving a single private residence β i.e., apartment, condominium, hotel, motel, water park, RV park, school, club, gym, therapy, and municipal pools all fall under the rule. R.61-51 classifies pools into Types A through E based on use, with Type A being conventional public pools (municipal, water-park, club) and Type E covering specialized categories such as therapy or wave pools.
SC Code Β§44-55-2390 β codifying the lifeguard mandate β provides that "All Type 'A' public swimming pools, as defined in Regulation 61-51, shall provide lifeguards" in accordance with patron-to-lifeguard ratios based on pool surface area: (a) pools up to 3,000 sq ft: 1 lifeguard for 1β25 patrons, scaling up to additional guards per 100 patrons above 250; (b) pools 3,001β6,000 sq ft and 6,001β9,000 sq ft: a minimum of 2 lifeguards on duty for 1β25 patrons, increasing with patron count; (c) pools larger than 9,000 sq ft: a minimum of 3 lifeguards on duty for 1β25 patrons, increasing with patron count. Type "E" pools must submit a lifeguard coverage plan approved in writing by the Department. The same section requires that any pool needing only one lifeguard "must have at least one additional pool staff employee present" to assist with emergency communication and dispatch. A pool operator may apply for a variance by submitting a written request to DHEC demonstrating "proof of equivalency" β i.e., an alternative safety scheme that provides equivalent protection.
DHEC R.61-51 also requires functional anti-entrapment drain covers meeting the federal Virginia Graeme Baker Pool & Spa Safety Act and ANSI/APSP-16, dual main drains or a safety vacuum-release system, clearly visible depth markings on the pool deck and tile, "No Diving" markings where water is shallower than 5 feet, posted bather load and rules for bathers, posted emergency telephone with 911 instructions, a U.S. Coast Guardβapproved ring buoy with attached line, a rescue/shepherd's hook, a stocked first-aid kit, and β at pools where no lifeguard is on duty β a conspicuous "Swim at Your Own Risk / No Lifeguard on Duty" sign. Inspections are conducted at least annually and on complaint by SC DHEC / SC DPH; reports can be filed through DHEC's Environmental Affairs office for the Upstate region in Greenville.
Operating a public swimming pool without the lifeguard staffing required by SC Code Β§44-55-2390, or without a current DHEC operating permit, is grounds for immediate closure under Β§44-55-2410. The Department may issue a written closure order and impose civil monetary penalties. Under Β§44-55-2440, violations of the State Recreational Waters Act or DHEC R.61-51 are subject to civil penalties of up to $1,000 per violation per day, and continuing or willful violations may be prosecuted as misdemeanors. A pool that fails its inspection (loss of disinfectant residual, fecal contamination event, missing anti-entrapment cover, defective drain, missing depth markings, missing lifeguard staffing) can be closed on the spot. Owners can request a variance under Β§44-55-2390(C) by submitting written proof of equivalency to DHEC.
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