(1) Except as provided in ARM 37.115.1601, privately owned public pools, spas, and other water features, are not required to have a lifeguard on duty if:

(a) a sign is prominently displayed adjacent to the swimming pool, spa, or other water feature, in letters at least four inches high that states: "NO LIFEGUARD ON DUTY"; and

(b) one individual per shift is on the premises and has ready access to the pool and is currently certified as competent in cardiopulmonary resuscitation (CPR) by either the American Red Cross or the American Heart Association.