AN ACT to require certified lifeguards at day camps for school‑age children when providing aquatic activities.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 7 of Chapter 110 of the General Statutes is amended by adding a new section to read:

§ 110‑101.2.  Lifeguard requirements for day camps.

(a)        Definitions. – The following definitions apply in this section:

(1)        Aquatic activities. – Activities that take place in or around a body of water, such as swimming, swimming instruction, wading, or visits to water parks. The term does not include water play activities, such as water table play, slip and slide activities, or playing in sprinklers.

(2)        Day camp. – A recreation program that offers care to three or more school‑age children and operates for less than four consecutive months per year.

(3)        Public swimming pool. – As regulated under Part 10 of Article 8 of Chapter 130A of the General Statutes, any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas, spas operating for display at temporary events, and artificial swimming lagoons.

(4)        School‑age child. – Any child who is attending or who has attended a public or private grade school or kindergarten and meets age requirements as specified in G.S. 115C‑364. For purposes of this section, the term includes a child up to 18 years of age.

(b)        Scope. – This section shall govern the mandatory requirements for lifeguard supervision of school‑age children participating in aquatic activities at day camps.

(c)        Requirements. – A day camp offering aquatic activities shall provide an individual who has a current lifeguard training certificate issued by the Red Cross or other training determined by the Department to be equivalent to Red Cross training, appropriate for both the type of body of water and type of aquatic activity. A lifeguard supervising a child pursuant to this section shall continue any training required to maintain current lifeguard certification. In addition to any applicable rules adopted by the Commission regarding participation in aquatic activities, each of the following is required for children participating in aquatic activities at day camps:

(1)        A ratio of two lifeguards for the first 25 children and one additional lifeguard for every 15 children or portion thereof.

(2)        A lifeguard chair that positions the lifeguard at a height no less than 6 feet from the ground.

(3)        A mandatory swim test in a public swimming pool before aquatic activities begin. If a child is unable to swim across the public swimming pool, then a properly fitted, U.S. Coast Guard‑approved life jacket is required for that participant at all times while engaging in aquatic activities.

(4)        If a U.S. Coast Guard‑approved life jacket is required pursuant to subdivision (3) of this subsection, the life jacket shall meet the following requirements:

a.         Appropriately sized for the intended child.

b.         In good and serviceable condition.

c.         Properly stowed when not in use, but readily accessible.

(d)       Participation in the following types of aquatic activities is prohibited under this section:

(1)        Hot tubs.

(2)        Spas.

(3)        Saunas or steam rooms.

(4)        Portable wading pools.

(5)        Other unfiltered, nondisinfected containments of water.

SECTION 2.  The Department shall establish any policies necessary to implement Section 1 of this act similar to rules or policies implemented for licensed summer day camps, as may be applicable.

SECTION 3.  This act becomes effective June 1, 2026.