(1) The following safety provisions are required:

(a) Signs, buoys or other markers must be placed to mark the depth of water over 3 feet deep and to mark the exterior limits of the designated swimming area; the markers must be located not more than 100 feet apart and be visible to a person of ordinary visual acuity at a distance of not less than 100 feet.

(b) Signs or buoys indicating the existence of a dropoff must be installed on the shoreline at the site closest to the dropoff.

(c) Each public bathing place must be equipped with lifesaving equipment that consists of not less than either a rescue tube or, in the alternative, one lifesaving ring 15 inches in diameter attached to at least 75 feet of 1/4 inch manila-line, which must be hung in a conspicuous place on the beach and be kept readily available for use.

(d) The swimming area must be protected from all motorized or wind propelled water craft and their towed devices.

(e) In addition to the requirements of ARM 37.111.1022, a designated swimming area that has a diving board and diving area must meet the following lifeguard requirements:

(i) Each such area must have at least one lifeguard regardless of its size, and for those with over 2,000 square feet of swimming area, at least one lifeguard per 2,000 square feet of swimming area or fraction thereof;

(ii) Each lifeguard must be assigned the responsibility and authority for enforcing all safety rules in the swimming area;

(iii) Each lifeguard must be currently certified:

(A) by either the American red cross or the American heart association in methods of cardiopulmonary resuscitation (CPR) , first aid, and water safety or its equivalent; and

(B) as having completed lifeguard training by either the American red cross, the young men's christian association, the boy scouts, or ellis and associates, inc. of Kingwood, Texas.

(iv) A copy of each lifeguard's required certifications must be kept on the premises of the swimming area and be available for review and verification during inspections;

(v) Each lifeguard must be at least 15 years of age;

(vi) The required number of lifeguards must be on duty at all times when the swimming area is open during its posted hours of operation; and

(vii) A lifeguard station consisting of an elevated chair with an unobstructed clear view of the swimming area must be provided for each 2,000 square feet or fraction thereof of the swimming area.

(f) A public bathing place without a diving board and diving area need not provide lifeguards if it conspicuously posts at the entrance of the designated swimming area and near the water of the swimming area warning signs that state "NO LIFEGUARD ON DUTY" and "SWIM AT YOUR OWN RISK", or words of equivalent meaning, with clearly legible letters at least 4 inches high. If a lifeguard is provided, the requirements of (1) (e) above must be met.

(g) A sign indicating the area designated for swimming must be posted on the shore adjacent to the designated swimming area and at the entrance to the swimming area.