AN ORDINANCE REQUIRING AND REGULATING THE EMPLOYMENT OF LIFEGUARDS

IN ALL RESORTS AND AQUATIC FACILITIERS INCLUDING PUBLIC AND OPEN

WATERS BEING UTILIZED FOR SWIMMING AND RECREATIONAL PURPOSES IN THE
MUNICIPALITY OF PANTUKAN, CREATING THE PANTUKAN MUNICIPAL COUNCIL ON
PUBLIC SAFETY FOR THE PURPOSE, AND IMPOSING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES

Be it ordained by the Sangguniang Bayan of Pantukan, that:

SECTION 1. Short Title. This Ordinance shall be known as the “PANTUKAN

LIFEGUARDS REGULATION ORDINANCE.”

SECTION 2. Declaration of Policy. Famous for its recreational facilities and resorts with
exciting beach and swimming pools, the Municipal Government of Pantukan declares it as a policy to
pursue tourism development and economic growth through these aquatic businesses in a manner that
promotes public health and safety and protects tourists and resort patrons.

SECTION 3. Registration and Ownership. (a) Commercial resorts and aquatic facilities within
the territorial jurisdiction of the Municipality of Pantukan, which maintains at least one swimming pool or
has converted bodies of water as an aquatic and swimming facilities shall have a lifeguard, whom resort
and facility owners must register with the Municipality of Pantukan Council on Public Safety (MPCOPS)
created under this Ordinance.

(b) Each resort or facility shall have at least one duly registered lifeguard for every swimming
pool it operates who shall be on duty during the resort’s operating hours. To conscientiously ensure that
the lifeguard can guard and keep the safety of the people, the number of lifeguards to be deployed
depends on the size of the pool/facility as provided for in Table A below:

Table A. Lifeguard number per square meter of pool

Approximate pool size Area (square meters) Minimum number of Minimum number of
(in meters) lifeguards (normal) lifeguards (peak)

20.0 x 8.5 170 1 2

25.0 x 8.5 212 1 2
25.0 x 10 250 1 2
25.0 x 12.5 312 2 2
33.3 x 12.5 416 2 3
50.0 x 20.0 1000 4 6

Notes:

*Peak – March to June every year; Normal – the rest of the year; and when there is an order from the
LCE declaring a certain date a peak season such as “after Christmas celebration” and “after New Year
celebration”

a. Where only one lifeguard is on duty, there should be adequate means of summoning assistance
rapidly.

b. The “area” column can be used as a guide for irregular-shaped pools.

c. Every lifeguard applicant must be physically fit, have good vision and hearing, be mentally alert
and self-disciplined; a strong, able and confident swimmer; and trained and have successfully
completed a course on lifeguard training. He must produce, as a condition for hiring, proof of

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 completion of relevant training in the form of a competency certificate which is a prerequisite to
enable resort or facility owners or operators to secure a lifeguard’s registration certificate from
MPCOPS.

d. Such registration certificate must, in turn be a pre-requisite for the issuance of a business permit.
The “no lifeguard, no license to operate” policy shall be strictly observed.

e. A Php300.00 fee shall be collected from resort owners/ operators for every lifeguard registration
certificate issued which should be displayed at the resort or facility premises and must be
prominent visible to everyone entering them. The lifeguard’s photo should be attached in the
license issued.

f. It shall be unlawful for any resort owner/operator to keep or employ an unregistered lifeguard
within a resort or aquatic facility. All lifeguards shall be registered with the MPCOPS. Lifeguard
registration is mandatory before a lifeguard begins his employment.

g. Resort owners/operators who shall fail to register his lifeguard/s within the period prescribed
under this section shall be penalized by a Php1,000.00 (one thousand pesos) fine payable within
five (5) calendar days from notice; failure to comply with this requirement shall result in the
suspension of the resort owner’s/operator’s license to operate in accordance with the pertinent
section of this Ordinance. Upon proof of compliance, the suspension shall be lifted.

SECTION 4. Requisite Training Certificate – To become a certified lifeguard, one must complete
the mandatory training modules and other requirements at the Technical Education and Skills
Development Authority (TESDA) and must pass the necessary examinations to obtain a competency
certificate. Other trainings institutes may likewise provide lifeguard trainings and issue the corresponding
competency certificates in accordance with law.

SECTION 5. Lifeguard’s Duties and Responsibilities – a. Lifeguards shall be employed/hired and

maintained within the resort or facility premises. In addition, such owners/operators shall signify the
present of a lifeguard through visible printed words, prominently displayed within such premises.

b. All certified lifeguards must undergo continuing lifeguards’ training seminar as may be required by
MPCOPS, TESDA, or other lifeguard training institutes. Otherwise, resort owners/operators shall be
fully responsible to provide them with such continuing relevant trainings and seminars on public
safety.

c. Resort owners/operators who fail to provide such relevant trainings to lifeguards under their employ
may be suspended form operating, and/or their business permits revoked or otherwise withheld until
they actually comply with this requirement.

d. The lifeguard shall have the following duties and responsibilities: (1) Conduct safety briefings to
guests; (2) must ensure and look after the safety of all guests within the resort/facility vicinity or his
area of responsibility; (3) Ensure the safety of all the water facilities; (4) In case of emergency, the
lifeguard must perform the basic life support and provide first aid necessary for the existing
accident/incident, and (5) Must ensure the maintenance, monitoring and upgrading of the lifesaving
tools and equipment such as but not limited to: rescue, raft, buoys, floating devices, communication
and radio equipment, smoke signal light, etc., ropes, life jackets and first aid kits.

e. A lifeguard who fails to perform his duties shall be dealt with in an appropriation manner by the
resort/facility owner/operator in addition to any legal action that the injured party may raise.

SECTION 6. Employment and Discharge of Lifeguards. Lifeguards working inside the resort or
aquatic facility are presumed to be properly trained. Any owner or operator who fails to show proof of the

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employed lifeguard’s required registration certificate when demanded shall be assessed Php500.00 (five
hundred pesos) fee per unregistered lifeguard. Since unregistered lifeguards are deemed unlawful, the
MPCOPS or any of its deputized agency/unit or by the concerned LGU may prevent any unregistered
lifeguard from working any further when found within the premises of any resort or aquatic facility.

SECTION 7. Open Public Waters operated by Barangay Local Government Unit (BLGU)
Being Utilized For Swimming and Recreational Purposes. BLGUs that have open waters such as
rivers, creeks and dams that are being utilized for swimming and recreational purposes are in charge of
these facilities and shall employ the necessary safety measures to protect users or patrons of these open
waters.

a. The concerned BLGU shall have duly certified lifeguards in these open waters facilities.

b. The BLGU may charge entrance fees for the maintenance and upkeep of these facilities and for
the lifeguards’ salaries.

c. The BLGU must secure these areas and they must put visible signs in these facilities stating
proper warnings and precautions. BLGU officials have the prerogative to deny entry to persons
into these facilities should they have reason to believe that it endangers public safety.

d. Each LGU must appoint a lifeguard supervisor who shall supervise lifeguards in these open
waters and who shall coordinate with MPCOPS for updates, reports, trainings, and other matters
relating to the implementation of these safety measures.

SECTION 8. Municipality of Pantukan Council on Public Safety. The Municipality of Pantukan

hereby creates the MPCOPS, which shall be primarily responsible for the supervision of lifeguards in all
resorts and aquatic facilities in the Municipality.

a. The maintenance and operations of the MPCOPS shall be taken from the 60% share on all fees
and fines collected for the registration of lifeguards and to any other available fund that the
Municipality may provide subject to the usual rules of both the Department of Budget and
Management and Commission on Audit rules.

b. Violations of any provision of this Ordinance shall be reported to the MPCOPS in writing which
shall thereafter promptly investigate the matters stated in the complaint before making a ruling.

c. A municipal lifeguard supervisor shall be designated who may be an employee of the

Municipality, whose role focuses more on education the public on proper safety care and
proposing appropriate remedial measures to address dangerous or hazardous situations in resort
establishments. Such lifeguard supervisor shall also be charge with the responsibility to calls for
service ranging from site inspection to actual investigation of a complaint. The MPCOPS,
through the municipal lifeguard supervisor, shall closely coordinate with the BLGU, in
investigating possible incidents of drowning in any resort or aquatic facility.

d. The MPCOPS shall be the implementing arm of this Ordinance and, except for those coming
from the private sectors, shall be composed of the following officials in their ex-officio
capacities:

Chairperson : Municipal Mayor

Vice Chair : Department Head- MDRRMO

Members :
SB Chairperson – Committee of Safety/Peace and Order
SB Chairperson – Committee on Tourism

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 Municipal Tourism Officer
CTEC
Pantukan Police Station Commander
BFP Pantukan
Representative from Pantukan Association of resorts owner
Representative from Pantukan Chamber of Commerce
Lifeguard Supervisor to be designated by the Municipal Mayor

The Municipalty of Pantukan is enjoined to provide assistance and utilize all its available
resources as are necessary and enforce this Ordinace.

SECTION 9. Liabilities. a. Resort owners/operators shall be civilly liable for any injury or
damage that the lifeguard’s act, fault of negligence may cause to another person, after having been
employed within their premises.

b. If the resorts or aquatic facilities are found to have violated this ordinance, the MPCOPS
shall request the concerned resort/facility owners/operators in writing to take appropriate
remedial measures to prevent any harm or injury to any person or property or in the
alternative, to comply with the Ordinance within ten (10) calendar days from receipt of
such notice. Should they fail to comply with the request. They shall be ordered to
immediately stop their operation, exclusive of the maximum imposable fine in
accordance with Section 6 of this Ordinance.

c. The resort/facility owner/operator shall be responsible for the employment and

maintenance of lifeguard/s prescribed here. Failure of the owner/ operator to comply shall
constitute a violation of Section 6 of this Ordinance.

d. The Municipal designate lifeguard supervisor, who fails, refuses or neglects to inspect a
resort/facility subject of a complaint or who allows a resort/facility to operate without a
lifeguard shall be administratively, civilly or criminally liable.

SECTION 10. Penalties. Any person or entity found guilty of violating any of the provision of
this Ordinance shall be penalized with:

a. Fine of not less than P2,000.00 but not more than P3,000.00 on first offense;
b. Fine of not less than P3,000.00 but not more than P4,000.00 or imprisonment of one day to
six months, or both on second offense;
c. Fine of not less than P4,000.00 but not more than P5,000.00 or imprisonment of six months
to ten months, or both on third offense;

SECTION 11. Implementing Guidelines. The MPCOPS, in consultation with the proper sector
shall be tasked to provide, within 60 days upon approval, the proper guidelines needed to implement the
Ordinance.

SECTION 12. Miscellaneous Provisions. Should any provision of this Ordinance be declared
unconstitutional or invalid, the other unaffected provisions shall remain fully effective. Ordinance,
resolutions and other issuances inconsistent with this Ordinance are hereby modified or repealed
accordingly. This ordinance shall take effect immediately upon approval.

UNANIMOUSLY APPROVED