Republic of the Philippines

City of Iloilo

OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE !Orn REGULAR SESSION OF THE 33RD
SANGGUNIANG PANLUNGSOD OF THE CITY OF ILOILO, PHILIPPINES, HELD AT
THE SESSION HALL, NEW CITY HALL BUILDING, PLAZA LIBERTAD, ILOILO CITY,
ON WEDNESDAY, MARCH 13, 2013.
PRESENT:
HON. JOSE S. ESPINOSA III
Vice Mayor and Presiding Officer
HON. JOSHUA C. ALIM, Floor Leader
HON. LYNDON V. ACAP
HON.RODELF.AGADO
HON. ELY A. ESTANTE, JR.
HON. JEFFREY P. GANZON
HON. R LEONE N. GEROCHI
HON. JASON R. GONZALES
HON. CARLOS P. GUARIN, LigangmgaBrgy. Pres.
HON. DAVID RAYMUND C. JAMORA
HON. SHEEN MARIES. MABILOG, SK FederationPres.,
HON. PLARIDEL C. NAVA II
HON. NIELEXC. TUPAS
HON. EDWARD C. YEE
HON. PERLAS. ZULUETA

Member
Member
Member
Member
Member
Member
Member
Ex Officio Member
Member
Ex Officio Member
Member
Member
Member
Member

ABSENT:
None.

REGULATION ORDINANCE NO. 2013-133

AN ORDINANCE REQUIRING OWNERS AND OPERATORS OF
PUBLIC POOLS INCLUDING SUBDIVISION POOLS, LAKESIDE
RESORTS, WATER PARKS AND OTHER SIMILAR STRUCTURES AND
ACCOMMODATIONS WITH BATHING AND/OR RECREATIONAL
FACILITIES TO PROVIDE DULY CERTIFIED LIFEGUARDS AND
LIFEGUARDING TOOLS AND EQUIPMENT NECESSARY FOR THE
PURPOSE AND PROVIDING PENAL TIES FOR VIOLATION THEREOF
Sponsored by Councilor Ely A. Estante, Jr., co-sponsored by
Councilors Jason R. Gonzales, Rodel F. Agado, Joshua C. Alim,
Plaridel C. Nava II, Lyndon V. Acap and Nielex C. Tupas, duly
seconded by Councilor Carlos P. Guarin

Reg. Ord. No. 2013-133, Mar. 13, 2013

Pagel

WHEREAS, according to the study of the United Nations International Children's

Emergency Fund (UNICEF), drowning is the 4th leading cause of death for Filipino children
aged 14 years old and below;
WHEREAS, drowning accidents in children usually occur when there is not trained
lifeguard who is capable and ready to perform emergency rescue or adult companion with
background in cardio-pulmonary resuscitation (CPR);
WHEREAS, drowning in adults happen when there is ignorance, disregard or
misjudgment of danger around the local conditions, no information or restriction of access to
danger zones, lack of supervision or surveillance around the bathing area, and the inability of the
swimmer or bather to cope with the strong surf;
WHEREAS, a lifeguard's most vital and effective skills prevent swimming accidents
including drowning; provide maintenance and safety in the swimming area and absent such
maintenance, provide timely and effective resolution of emergencies;
WHEREAS, Iloilo City has subdivisions with all year-long public swimming pools, long
stretch of coastline with beaches and resorts frequented by local residents and visitors.
NOW, THEREFORE, be it ordained as it is hereby ordained, by the Sangguniang
Panlungsod oflloilo that:
ARTICLE 1. Title. This Ordinance shall be known as "An Ordinance Requiring
Owners and Operators and Public Tools Including Subdivision Pools, Lakeside Resorts, Water
Parks and Other Similar Structures and Accommodations with Bathing anti/or Recreational.
Facilities to Provide Duly Certified Lifeguards and Lifeguarding Tools and Equipment
Necessary for the Purpose and Providing Penalties for Violation Thereof"
ARTICLE 2. Definition of Terms:
Lifeguard/Certified Lifeguard - is an experienced swimmer who is trained in water safety
rescue and life-saving techniques duly trained by the Philippine Red Cross (PRC) or accredited
training courses from the Water Life Saving Association of the Philippines and/or such other
body or institution of the same nature and duly certificated by the Philippine Coast Guard. A
lifeguard "guards" the swimming area to ensure that people are following safety rules and are not
doing things that put themselves and other swimmers in danger.
Pool or Swimming Pool - means any structure, basin, chamber, tank or other receptacle
capable of containing an artificial body of water for the purpose of swimming, diving or
recreational bathing and having a depth at any point of more than 18 inches, whether located at
ground level, about ground, below ground, or indoor. Such terms shall include but not limited to
a permanent swimming pool, a permanent wading or reflection pool or a permanent hot tub or
spa.
Public Pool - any swimming pool, plunge pool, spa pool, tank or similar structure with
frrimary purpose of holding a person or persons and includes school pool, Council pools,

Reg. Ord. No. 2013-133, Mar. 13, 2013

Page 3

subdivision club house pools and commercially operated pools including but not limited to
hotels, motels, and other places of accommodation, fitness centers, gymnasiums, and whether or
not the primary purpose of the premises is the operation of a public pool but does not include
pools in conjunction with private residential accommodation.
Spa - means a pool designed for recreational or therapeutic use or physiological or
relaxation that is not drained, cleaned and refilled for each user. Such pool includes but is not
limited to hydrojet circulation, hot water or cold water mineral baths, air induction bubbles, or
any combination thereof Common terminology for spa includes therapeutic pool, hydrotherapy
pool, whirlpool, hot spa and hot tub.
Private Residential Swimming Pool - means any indoor or outdoor structure, chamber or
tank containing a body of water for swimming, diving, or bathing located at a dwelling house
and used exclusively by the residents and their non-paying guests.
Wading Pool - any special purpose pool or receptacle set aside primarily for use by
children.
Water Park - an amusement park featuring swimming pools, waterslides, wave pools,
fountains or other attractions involving water.
Liability Insurance - any type of insurance policy that protects the lifeguard or business
from the risk of being sued and held legally liable for malpractice, injury or negligence. Liability
insurance policies cover both legal costs and indemnity to the victim and/or his/her family.
Designated Area - primarily it means the distance fronting the area of the resort with
adequate number of buoys which designated for swimming purposes only. It may also mean the
portion of the beach front to be used exclusively for loading and unloading of resort guests.

ARTICLE 3. Scope of Application. This ordinance shall become enforceable within

the confines of the jurisdiction of the City oflloilo, and shall be applicable among the following:
1. Owners and operators of public swimming pools including subdivision pools,
lakeside resorts, water parks, spas, wading pools, and all other similar structures and
accommodations providing bathing and recreational facilities other than private
residential swimming pools;
Business entities not engaged in providing bathing facilities but caters solely to
rentals of watercrafts such as motor boats, bancas, jet skis, rafts, and their equivalent
operating within the inland waters oflloilo City such as its rivers, swamps, and lakes.

ARTICLE 4. Designated Area. The distance fronting the area of the resort with
adequate number of buoys shall be designated as he area for swimming and no boat, banca or
other crafts shall be allowed to enter the areas so designated. The resort owner or his duly
authorized representative shall be empowered to enforce the same and shall likewise designate a

Reg. Ord. No. 2013-133, Mar. 13, 2013

Page4

portion of the beachfront to be used exclusively for loading and unloading resort guests, unless
otherwise designated elsewhere by rules and regulations specific to the area.
ARTICLE 5. Requirements. Owners and operators mentioned in the preceding article
are hereby required to provide the following:

1. At least one (1) lifeguard clothed in a manner that is readily identifiable whose sole
and exclusive responsibility is to watch over his/her area of responsibility.
2. Equipments for rescue situations such as rescue craft, paddle, skis, pole, lifebuoy,
spinal boards, etc.
3. Equipment for first aid situations such as saline solution, bandages, antiseptics,
antihistamines, oxygen kits, splints, rescue blankets and first aid kits.
4. Sufficient and visible signs posted in strategic locations to warn guests/customers of
the presence of critical or natural hazards, danger areas or threat occurrences.
5. Adequate number of buoys, in the case of beach and lakeside resorts, to be spread
along the designated area to signify the distance fronting the area of the resort as
swimming area.
6. Other tools and implements for catching attention such as portable chair or watch
tower, flags and whistles.
ARTICLE 6. Exemption. Wading or Kiddie Pools with an area of not more than 4m x
4m and not more than 3 feet in depth are hereby exempted from the foregoing requirements,
provided that:

They have liability insurance to take full responsibility in case of any untoward
event;
b. There shall be written an emergency and operational procedures and instructions
posted at the pool/bathing area to be implemented in the event of an emergency,
accident or injury.
c. There shall be a sufficient number of employees adequately trained to administer
first-aid treatment as certified by the Philippine National Red Cross, PLS, or any
other organization accredited by the Philippine Coast Guard, in case of emergency,
accident or injury.
a.

ARTICLE 7.
punishable:

Punishable Acts.

Violation of any of the following ts considered

1) At no time shall any pool, lakeside resort, water park, spa, or wading pool be made
open without a certified lifeguard on deck and medic or paramedic duly trained in
Cardio-Pulmonary Resuscitation (CPR).
2) Hotel, motels and spas with bathing facilities shall not allow preschool youths or
challenged persons without adult companion/s or supervising staff
3) Night swimming s l not be allowed beyond 10:00 p.m. and only if there are
adequate lifeguards
duty and pool premises are sufficiently lighted.

Page 5

Reg. Ord. No. 2013-133, Mar. 13, 2013

ARTICLE 8. Penalties. The foregoing punishable acts or non-compliance to the

requirements set forth in Articles 5 and 6 shall be penalized, after conviction, with the
following:
Offense
2nd Offense
1st

3n1 Offense

-3 - 5 days imprisonment and/or a fine of Php2,000.00

-5 - 10 days imprisonment and/or a fine ofPhp3,500.00 and suspension of
business permit for 1 week
-10- 15 days imprisonment and/or a fine of Php5,000.00 and revocation
of business permit.

a) Where the offender is a single proprietor, the owner shall bear the penalty.
b) When the offender is a corporation, the president or chairman of the board shall suffer
the prescribed penalty.
c) In the case of a partnership, it shall be the managing partner who shall suffer the
penalty.

ARTICLE 9. Repealing Clause. All ordinances and resolutions inconsistent herewith

are hereby repealed or modified accordingly.
ARTICLE 10. Separability Clause. In the event that any of the provisions of this
ordinance is declared illegal, the validity of the other provisions shall not be affected by such
declaration.
ARTICKE 11. Effectivity. This ordinance shall take effect thirty (30) days after its
approval and publication in the newspaper of local circulation.
ENACTED, March 13, 2013.
I hereby certify to the correctness of the above quoted ordinance.

Seer tary to the Sanggunian

ATTESTED AND CERTIFIE

APPROVED:

/nats

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