Aquatic Safety Assessment &...

Aquatic Safety Assessment & Recommendations

Brevard County, Florida

Primary Author

Joe McManus, President United States Lifesaving Association Southeast Region

Co-Authors Jerry Storrs

B. Chris Brewster

Issued: March 4, 2008

TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................ 3 INTRODUCTION .............................................................................................................. 4

Report Authors................................................................................................................ 6 A BRIEF HISTORY OF LIFESAVING IN BREVARD COUNTY ................................. 8 BEST PRACTICES COMPARED TO EXISTING SERVICES ..................................... 10

Public Education ........................................................................................................... 10 Learn-to-Swim Programs.......................................................................................... 10 Junior Lifeguard Programs ....................................................................................... 11 Off-Site Public Education ......................................................................................... 11 On-Site Passive Public Education............................................................................. 12 On-Site Active Public Education .............................................................................. 14

Separating Incompatible Activities............................................................................... 14 Lifeguard Services ........................................................................................................ 15

Periods of Operation ................................................................................................. 17 Area of Responsibility .............................................................................................. 18 Staffing Levels .......................................................................................................... 20 Staffing Locations..................................................................................................... 20 Observation Points .................................................................................................... 22 Backup ...................................................................................................................... 22 Breaks ....................................................................................................................... 22 Equipment ................................................................................................................. 23 Responsibility and Management............................................................................... 24 Recruiting and Retention of Lifeguards.................................................................... 24

Oversight Options ......................................................................................................... 25 Research........................................................................................................................ 26 Jurisdictional Issues ...................................................................................................... 27 Statutory Considerations............................................................................................... 28

THE IMPORTANCE OF PROTECTING A TOURIST ECONOMY............................. 31 FUNDING OF AQUATIC SAFETY IN BREVARD COUNTY .................................... 32

Current Departmental Funding ..................................................................................... 32 Future Funding Options ................................................................................................ 32

RECOMMENDATIONS.................................................................................................. 34 Prevention Through Public Education .......................................................................... 34 Prevention Through Emergency Services Management and Supervision.................... 35

Planning and Management........................................................................................ 35 Lifeguard Staffing..................................................................................................... 36

Funding ......................................................................................................................... 38 RECOMMENDED REFERENCES ................................................................................. 39 APPENDIX . 40 Et Seq.

Aquatic Safety Recommendations Page 2 of 40 Brevard County, Florida

EXECUTIVE SUMMARY

In 2007, there were ten ocean drowning deaths in Brevard County. This was unprecedented and drew heavy public attention. Nine of these tragic events happened either in areas where there were no lifeguards stationed or at periods of time when there were no lifeguards on duty. Most victims were tourists visiting Brevard from out of state. Any untimely death is a tragedy. However, these cases are particularly tragic in that they occurred in a community where coastal recreation is the focal point of life and a basis of the income derived by the community from tourism. The trust of these visitors that they would be reasonably protected was violated. In addition to the pain suffered by the families of lost loved ones, these tragic events can result in economic consequences to families, the health system, and the tourism economy. There are a wide variety of methods that can be employed by Brevard County to reverse what appears to be a recent surge in drowning deaths there. The issue must be addressed comprehensively, and should include efforts to improve public education, since many people are unaware of the dangers of the ocean environment. A proven way to prevent drowning is through the placement of professional lifeguard services in areas where and at times when people choose to swim. In Brevard County, this would include areas near hotels, condominiums, and restaurants. This would also include extending the period of lifeguard operation to year-round coverage as well as enhancing the existing seasonal coverage. This strategy was not only widely supported by various participants in meetings recently held in the area, but it was previously proposed in two separate studies conducted by Brevard County officials. While the cost of providing services has been raised as a concern, this is a challenge that must be met just as the cost of providing other public safety services has been addressed, since public safety is the most fundamental expectation of citizens from their local government. Officials from Brevard County and the beach area municipalities that contract for lifeguard services should work together in addressing this issue. Leadership within the various groups needs to emerge and demonstrate the political will to push through measures that will ameliorate an ongoing problem. By implementing the specific recommendations found at the end of this report, Brevard County and other local governments can significantly reduce the incidence of drowning death and injury, while enhancing the quality of life for residents and protecting the vibrant tourist industry.


INTRODUCTION

Brevard County is located in central Florida and has over 50 miles of accessible public beachfront facing the Atlantic Ocean. Along the coast, there are approximately 150 maintained public beach access points that attract recreational users. There are 21 oceanfront parks and more than 45 private beach entries at hotels, resorts and condominiums. Development is concentrated in the 23-mile stretch between the City of Cape Canaveral and the Town of Melbourne Beach. The largest city on the barrier island, the City of Cocoa Beach, is an established and well-known tourist destination. For purposes of this report Brevard County will be the term used to define the entire oceanfront area, inclusive of various towns and municipalities. Brevard County offers an extraordinary year-round resource for aquatic recreation, for local residents and tourists alike. As the local tourism board puts it, the endless beaches are tempting year round with warm Southern waters and an average daytime temperature of 73.1 Tourism is a major source of income to the local economy and area beaches are widely promoted by local tourism organizations. In 2007, Brevard County experienced an appalling number of drowning deaths. (See attached map: Ten drownings this year) The ten ocean drowning deaths drew widespread print and TV media coverage. In addition to the concern felt for the personal tragedy suffered by the families of the deceased, there is ongoing concern both for the safety of residents and future visitors, as well as the impact this issue may have on the tourism industry. With another year of similar weather and the same level of lifeguard protection, there could easily be an even larger new victim group as well as a negative impact on Brevards beach tourism. It is more difficult to recover from a bad reputation than to maintain a good one. So it is with tourism. As the area develops and maintains a reputation for unsafe beaches, it will take increasingly profound efforts to recover. At the request of private citizens, United States Lifesaving Association Southeast Region (USLA SER) members conducted an aquatic safety assessment spearheaded by regional President Joe McManus and assisted by G.S. Storrs, Cocoa Beach resident. All time, materials, and other expenses were covered either by the USLA Southeast Region or by individuals involved. The Rosen Group and the Cocoa Beach Holiday Inn Resort donated meeting rooms. Their interest and generosity is admirable and greatly appreciated. The primary goal of this report is to assess the state of ocean safety in Brevard County and to recommend ways of reducing the incidence of drowning. We believe that any responsible community that promotes its beaches for tourism has an obligation to ensure a reasonable degree of public safety on those beaches. In that regard, we agree with the Centers for Disease Control and Prevention, which has stated, if a community develops water recreational facilities to attract patrons who spend money in the local area, then it can be argued that the community has an obligation to protect these patrons. When weighing the costs and legal implications of interventions to prevent drowning, 1 http://www.space-coast.com/ThingsToDo/Attractions/Beaches/


http://www.space-coast.com/ThingsToDo/Attractions/Beaches/

decision makers should never lose sight of the enormous importance of protecting people from harm and preventing tragedy at beaches and pools, places where people go for pleasure, for health, and for solace. 2 While USLA SER tends to focus on the human tragedy of drowning, the authors are cognizant of the fact that improvements in beach safety will have very positive effects on tourism. During our on-site visits, meetings, and interviews, many participants expressed the desire to see meaningful change in the level of public safety offered at county beaches for both reasons.3 For reference, a partial list of those whom participated in two forums held on December 3rd, 2007 and January 18th, 2008 follows: Harris Rosen, The Rosen Group Skip Williams, Cocoa Beach Commissioner Kalina Person, Space Coast Office of Tourism Tony Sasso, former Cocoa Beach Commissioner Charles Billias, Cocoa Beach City Manager Bonnie King, Space Coast Office of Tourism Jamie Hermes, Cocoa Beach Holiday Inn Resort Jim Bursick, Manager of the Town of Melbourne Beach Chris Chinault, Manager of the Town of Indialantic David Spain, Comfort Inn of Cocoa Beach Rob Varley, Executive Director Brevard County TDC Matthew McRae, Ron Jon Surf Shop Wyatt Werneth, Chief Lifeguard, Brevard County Fire Rescue Department Brad Hall, Chief of Operations, BCFRD Brian Simmons, Captain, Melbourne Beach Fire Department Jeff Scabarozi, Brevard County Ocean Rescue Christy Galzerano, Doubletree Hotel Tom Williamson, Courtyard and Hampton Inn Ruby Daniel, Wakulla Suites Launa Young, Ron Jon Cape Caribe Resort Randy Lascody, National Weather Service/NOAA Alan Campion, former Chief Lifeguard, Brevard County Ocean Rescue Kevin Sweat, Director of Beach Safety, Volusia County, USLA Vice-president Bob Woyshner, Ocean Lifeguard, USLA member Gary Kitchens, SCCA John Vasbinder, Central Florida YMCA Dan Woodard, Emergency physician Randy Smith, citizen

2 Branche CM, Stewart S. (Editors). Lifeguard Effectiveness: A Report of the Working Group. Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2001. 3 Persons interviewed, as well as those who attended our forums, expressed near unanimity that the "problem to be addressed was how to pay for more lifeguards on a year-round basis.


Monika Aranha, citizen, good Samaritan rescuer Jorge Dias Garcia, citizen, good Samaritan rescuer Brian Bobb, citizen, good Samaritan rescuer Jerry Storrs, citizen, good Samaritan rescuer, USLA member Richard Cohen, citizen Robert Knapp, citizen, former Chief Lifeguard, Jones Beach, New York Rick Clayton, citizen, former ocean lifeguard, Volusia County John Ulbinsky, citizen In addition, a list of persons interviewed follows: Adrianne Dillon, former Cocoa Beach Commissioner Dave Bartman, Former Chief Lifeguard, City of Cocoa Beach Robert Tedder, citizen, good Samaritan rescuer, surf products contractor Mr. & Mrs. Robert McGrath, Ottawa, Canada, Winter residents Val Crider, Cocoa Beach condominium manager Dr. Richard Ropeleski, Montreal, Canada, rescued tourist Lance Armstrong, citizen, candidate for State House of Representatives This is not an official report of the United States Lifesaving Association (USLA). It is an effort by the authors to provide those concerned about beach safety in Brevard County with the best available information and advice to achieve the goals of promoting public safety and limiting liability exposure at aquatic areas in and adjacent to its property. It is based, in part, on prior reports issued to other communities in the United States by colleagues addressing similar issues. Past reports of this nature have resulted in very positive changes in beach safety services in several communities. No advice or action can ensure 100% safety or protection from liability, but prudent steps can greatly heighten the level of safety and also lessen liability exposure. Thus, this report is not a warranty, but rather advice of professionals with a proven record in this discipline. While this report contains both site-specific assessments and recommendations regarding safety on Brevard County beaches, much of this report is intended to raise the general readers understanding of all aspects of a comprehensive drowning prevention strategy.

Report Authors

The primary author of this report, Joe McManus, is the former Lifeguard Chief of Gateway National Recreation Area in New York City and volunteers for the United States Lifesaving Association in several capacities, including Regional President and Regional Certification Officer. He is a member of the USLA National Executive Committee and sits on other working committees including Public Education and Junior Lifeguards. He is a Florida State certified EMT and has been a lifeguard and lifeguard supervisor since 1974. He can be reached by phone at 772-240-0310 or by email at [email protected].


mailto:[email protected]

One of two co-authors of this report is Jerry Storrs, who is a retired engineering manager for GTE and a former Los Angeles County lifeguard. He resides in Cocoa Beach and is a member of USLA. An active surfer, he has made numerous unassisted rescues over the past decade in Cocoa Beach. The second co-author of this report B. Chris Brewster ([email protected]), serves as President of the United States Lifesaving Association (www.usla.org), Lifesaving Commissioner of the International Life Saving Federation (www.ilsf.org), President of the Americas Region of the ILS, and Vice-President of the ILS. He is the former Lifeguard Chief and Harbormaster of the City of San Diego, with 22 years of service as a professional ocean lifeguard. He is a Knight in the Order of Lifesaving of the International Life Saving Federation, a Life Member of the United States Lifesaving Association, and a Life Member of the California Surf Lifesaving Association. Brewster is editor of Open Water Lifesaving, The United States Lifesaving Association Manual (2003), The United States Lifesaving Association Manual of Open Water Lifesaving (1995), Guidelines for Open Water Lifeguard Training and Standards (1993), and Guidelines for Training and Standards of Aquatic Rescue Response Teams (1996). He is a contributor to Lifeguard Effectiveness A Report of a Working Group, issued by the Centers for Disease Control and Prevention (2001), the Handbook on Drowning (2006), and Guidelines for Safe Recreational Water Environments, issued by the World Health Organization (2005 and 2006). This report has been excerpted in part and adapted from the Aquatic Safety Assessment & Recommendations Santa Rosa Island report, published by colleagues faced with similar issues in November 2002.


mailto:[email protected]://www.usla.org/http://www.ilsf.org/

A BRIEF HISTORY OF LIFESAVING IN BREVARD COUNTY

Cocoa Beach businessman John J. Allison, who served as a volunteer lifeguard, provided the first lifeguard service in Brevard County. By late 1959, the city of Cocoa Beach had started funding a municipal lifeguard service after the county had budgeted $18,000 for lifeguards (and beach policing) north of Cocoa Beach city limits. The city commission cited a policy of cooperation with the county, most likely related to the annexation of county land by the city around that time.4 The city record shows a capital outlay from the general fund for a master lifeguard tower in 1959. Throughout the nineteen-sixties and seventies, while the Cocoa Beach lifeguard service grew under the auspices of the city police department, the county was simultaneously providing lifeguard service to various oceanfront parks located throughout the county.5 By the mid-seventies, the city of Cocoa Beach staffed its operation with fifty-two lifeguards, and they provided service from the week preceding Easter to the week following Labor Day, in what can be described as a successful seasonal operation.6 City lifeguards were posted seven days a week during this time frame, and coverage was extensive - with lifeguard stands placed at each public access from 16th Street north to the city limits, a distance of about six miles. By the mid nineteen-eighties, the Cocoa Beach lifeguard service was greatly diminished, reportedly due to a change in city demographics that led to an emphasis on promoting Cocoa Beach as a retirement community over its promotion as a tourist destination. By 1988, the county had assumed administrative responsibility for all lifeguard services provided in the county and placed the service under Brevard County Recreation and Parks Division management. Also in 1988, the county convened a Lifeguard Task Force to examine the costs associated with a proposed year-round program7 The task force report identified thirteen locations throughout the county, and proposed placing nineteen year-round lifeguard stands in these locations in order to address concerns regarding year-round usage [that] has and will continue to increase. The report recommended staffing the locations with a total of forty-seven lifeguards, and in addition to having rescue equipment at each stand, the report identified the need for funding four 4x4 trucks and three rescue boats to be used in the operation. Additionally, the report identified four funding sources to implement the year-round lifeguard program. They were: private donations or contracts, municipal funds, County ad valorem funds, and Tourist Development Commission funds. The total cost of the countywide program was tallied at $1.36 million, which included money for additional seasonal lifeguards. We were unable to ascertain what became of the task force proposal beyond a notation, dated 4 http://www.ci.cocoa-beach.fl.us/citylife/city_history1920-1980.htm5 We were unable to ascertain whether the other municipalities provided their own lifeguard service, as did Cocoa Beach, or whether the county supplied the service to city locales during this period. 6 Cocoa Beach reportedly had zero drowning deaths during the seventies while lifeguards were deployed for the season; this was reported by Dave Bartman, retired Cocoa Beach Lifeguard Chief. 7 Report and Interoffice Memorandum dated March 16, 1988 and February 19, 1988, respectively.


http://www.ci.cocoa-beach.fl.us/citylife/city_history1920-1980.htm

March 16, 1988, that it was to be discussed at the next meeting which will be scheduled at a later date. It seems likely that had this plan been enacted, scores of deaths that have subsequently occurred would have been avoided. In 1995, tourism rebounded and the county lifeguard operation was removed from recreation and placed under the management of the Community Safety Services Division of the Public Safety Department. Other divisions within the department included: FIRE/EMS Division, Animal Control Division, Criminal Justice Division, and the Medical Examiners office. In 2001, the Community Safety Services Division once again visited the idea of establishing year-round lifeguard protection in Brevard County. In an Inter-office Memorandum dated July 11, 2001, the Public Safety Department Director was informed of the benefits of adding two year-round lifeguard towers to the seasonal operation. The department also conducted a Best Practices study entitled Expand Year Round Ocean Lifeguard Services. The study targeted service outcomes that would have provided year-round lifeguard coverage in three locations by fiscal year 2001-02 and again in two additional locations by fiscal year 2004-05. We could not ascertain what became of this study beyond the fact that there is no year-round lifeguard service in Brevard County today. In 2004, the Public Safety Department was dissolved, and the ocean lifeguard operation was placed under the management of the newly formed Fire Rescue Department in 2005. Again, it seems likely that had some of these changes been enacted, loss of life would have been significantly mitigated. They were apparently not however, enacted. Ocean Rescue Lifeguard Services are currently organized under the Brevard County Fire Rescue Operations Program. Fire Rescue had not undertaken any official study regarding the efficacy of the service, even after nine drowning deaths were reported in its first two years of management. The department is reportedly conducting such a study in the aftermath of the 2007 debacle. There are two year-round lifeguard positions within the department, but it is unclear what the job titles for these positions are. The county Human Resources Department classifies the year-round lifeguard positions as management specialists, with the job titles of Chief Ocean Lifeguard and Assistant Chief Ocean Lifeguard. The Fire Rescue Department apparently disapproves of these titles, preferring to use the title of Lifeguard Program Coordinators instead. While this may appear to be a minor issue, it may, in fact, indicate unwillingness on the part of Fire Department leadership to recognize a level of management expertise and chain of command authority commensurate with that of other department chiefs. In any event, the level of support Fire Rescue Department leaders are willing to give to its newest service is indicated both in the lifeguard services place in the department organizational flow chart and in the relative level of funding it receives.8

8 See Fire Rescue budget: http://www.brevardcounty.us/budgetoffice/budget/archives/2007_2008/pdf/Fire.pdf


http://www.brevardcounty.us/budgetoffice/budget/archives/2007_2008/pdf/Fire.pdf

BEST PRACTICES COMPARED TO EXISTING SERVICES

To achieve the greatest possible degree of success, particularly in the relatively uncontrolled natural environment of beaches, the promotion of aquatic safety should be approached in the broadest possible manner. This includes taking steps to educate people prior to visiting a beach area about potential hazards and methods to mitigate them; taking steps on-site to provide similar information; taking reasonable steps to promote safe behavior at the location; maintaining a system to recognize and respond effectively to emergencies in a timely manner; and preparing to treat and evacuate injured people professionally and expeditiously. Such steps are ideally taken as a collaborative effort with all concerned individuals and organizations likely to offer meaningful support.

Public Education

One of the most cost-efficient ways of promoting aquatic safety is through public education before the visitor even sets foot on the beach. Once the visitor arrives at the beach, additional public education efforts can further enhance public safety. A variety of strategies can be employed. In addition to the direct benefit of enhancing public safety, these strategies can produce excellent public relations benefits for the community.

Learn-to-Swim Programs

The International Life Saving Federation has found that learn-to-swim programs meaningfully improve the safety of a population.9 Locally, the promotion of learn-to-swim programs for youth and adults will result in a higher number of people in the community with swimming skills. If the curriculum is appropriately tailored, such training will include steps students can take to avoid injury from aquatic hazards to themselves and others. Thus, this training can address not only swimming ability, but an awareness of hazards and how to avoid them. In a community with an oceanfront, learn-to-swim programs should include basic information about rip currents, which have been demonstrated by USLA to be the cause of over 80% of rescues from drowning by lifeguards at surf beaches. Even accomplished swimmers can be overpowered by rip currents, so merely teaching people to swim is often an inadequate approach. They must also be instructed about activities and circumstances that can threaten their safety and how to avoid them (or extricate themselves from them). The learn-to-swim approach not only helps to improve the aggregate swimming ability of the local populace, but it also increases the number of local people knowledgeable about water safety. Those same individuals, be they police officers, desk clerks, or cab drivers, can then help educate visitors about safe practices in and around local waters. An excellent example of a successful community-wide learn-to-swim initiative is Swim

9 Position Statement: Swimming and Water Safety Education; International Life Saving Federation; 2007


Central in Broward County, Florida, administrated by Kim Burgess. (See: A Lesson in Cooperation in the Appendix)

Junior Lifeguard Programs

Many lifeguard agencies throughout the United States sponsor junior lifeguard programs. These programs are typically well received in the local community, exposing youth to water safety information and a taste of what it is like to be a lifeguard. Junior lifeguards provide an excellent potential resource for future employed lifeguards, and thus the programs can be considered, in part, a recruiting tool. Brevard Ocean Rescue has a working outline for a Junior Lifeguard program, but appears to lack necessary staff and resources to implement it. This could be rectified, at little or no cost. Most junior lifeguard programs with which we are familiar are self-funded, through tuition. Some help raise revenue for the sponsoring organization. Some junior lifeguard programs in the US have in excess of 1,000 participants each year and have been successfully providing services to their communities for decades. Tuition can be charged to those able to pay and scholarships can be offered to those unable to pay. This can greatly broaden youth aquatic safety in a community.

Off-Site Public Education

A variety of strategies can be employed to educate both local residents and visitors regarding aquatic safety. Of the ten drowning deaths in Brevard County in 2007, eight of the victims were tourists, so targeting this group would be of particular value. Public service advertising can be utilized. Radio, television, billboard, newspaper, and phone book advertising are some examples.10 The local broadcast media in central Florida continue to do excellent work advising viewers of rip current conditions along the coast, but these advisories are typically broadcast in the evening for a very limited duration of time. A simple example of the type of information that could be provided is the location and hours of beaches with lifeguard protection and encouragement to swim in lifeguard protected areas. For tourists, brochures placed in hotel rooms and welcome videos can be effective approaches to education. The advisory materials supplied to beach area hotels by Brevard County Fire/Ocean Rescue are USLA/NOAA rip current educational pamphlets and other safety pamphlets.11 These materials, however, are general in nature, lacking information on the dates and times lifeguards are on duty. Also, it is unclear whether all beachfront hotels have been consistently providing this information to guests. Some years ago, the Brevard County Public Safety Department produced a beach safety public service video that has been aired periodically on government closed circuit 10 Cocoa Beach businessman Gary Kitchens who publishes the Beach Val-U Directory has generously offered to place local ocean safety information in future editions. It seems likely that other civic minded publishers might be willing to do the same. 11 Both USLA/NOAA Break the Grip of the Rip pamphlets and a beach safety pamphlet sponsored by Ocean Potion have been distributed by BCOR.


http://www.usla.org/ripcurrents/signsbrochures.asp

television. It is unknown how often it is run or if the target audience includes tourists. We found that, at times, the Brevard County government website provides information about lifeguard tower locations and dates lifeguards were on duty.12 This site includes water safety tips, but the safety tips page is not easily found. Tourism websites can reach visitors pre-arrival and act as a reference for tourist industry employees. We found misleading messages on two government websites related to beach safety.13 Providing local government and business employees who are likely to come in contact with tourists with basic aquatic safety information is also of great value. These personnel, though rarely experts in aquatic safety, may often be asked for water safety information, such as, Wheres the safest place to swim? They need to be prepared to provide good advice or refer inquiries to more authoritative sources of information. Front desk personnel at hotels are a good example, but so are police, cab drivers, and bellhops. Recorded beach safety telephone information lines are another way to disseminate information. If updated at least daily, preferably in early morning, as well as according to condition changes, such lines can provide valuable safety information, basic weather, tides, and referrals. Telephone information lines can be a useful reference for tourism industry employees, as well as all beach users. Services of this nature can be very popular in a community and provide an opportunity to weave safety advice into the daily updates. Examples can be heard at 619-221-8824 and at 954-828-4597. Fire/Ocean Rescue staff has been engaged in various beach safety projects throughout the county for a number of years. These projects include regular visits to Brevard County schools, instructing a Safe Surfer program, meeting with area hoteliers to help them better inform their guests about beach safety, and conducting a beach safety program at Patrick Air Force base to orient newly arrived servicemen and their families to the dangers of the ocean. These efforts have undoubtedly helped educate countless numbers of residents and visitors over the years. However, it appears that a single employee, simultaneously responsible for countywide beach safety protection, has shouldered these efforts. One person cannot adequately address all the needs for public safety education in the county and, simultaneously, ensure protection of beach visitors.

On-Site Passive Public Education

On-site, passive public education includes flags, signs, and similar approaches intended to inform the visitor. While these measures may appease liability exposure concerns, their effectiveness at preventing injury and death is unproven. Some prudent people undoubtedly observe them and adhere to the admonitions, thus lessening the likelihood of encountering problems. Others may not see them at all. Some may observe them, but ignore the message. Still others may observe them, but fail to understand them, or simply

12 http://www.usla.org/ripcurrents/signsbrochures.asp13 The Space Coast Office of Tourism website encourages tourists to the visit the beaches year-round with the promise of warm southern waters, but fails to mention the dangers of swimming without lifeguard protection. The City of Cocoa Beach website states that when no lifeguards are present the ocean can still be enjoyed because if you need helpusually someone is nearby with a surfboard.


http://www.usla.org/ripcurrents/signsbrochures.asp

forget the message. Nevertheless, providing useful and understandable information undoubtedly has safety and liability protection benefits.

Flags

Brevard County has employed a flag system in an effort to advise the public of the relative danger of ocean conditions. These flags provide general information on ocean conditions at the time they are flown. In Brevard, flags are flown only when the seasonal lifeguard workforce is on active duty in the lifeguard stands, which is consistent with recommendations of the United States Lifesaving Association and the International Life Saving Federation. Flags alone are of limited value, as has been demonstrated by drowning deaths and near deaths that have occurred despite their presence. While flags can help notify beach users of general conditions, they do not identify specific problems in specific areas. To be fully effective, the placement of warning flags and all public service announcements should be based on some measurable criteria that can be logged, tracked, and changed with the conditions. Lifeguard presence is needed to accomplish this on-site education strategy. The United States Lifesaving Association recognizes the position statement on use of warning flags, which is published by the International Life Saving Federation and thus applicable worldwide.14 According to its Standard Operating Procedure Manual, it is evident that Brevard County Fire/Ocean Rescue adheres to a slight variation on this policy, which has been promoted by the State of Florida.

Signs

Beach signs typically explain beach and water ordinances. They can also be used to explain known hazards and to recommend safe behavior. As an example, since a common hazard at all ocean beaches is the presence of rip currents, placing a sign that explains this hazard and how to extricate oneself in the absence of a lifeguard may save lives. The United States Lifesaving Association and the National Oceanic and Atmospheric Administration have jointly developed signs for placement at ocean beaches that are used throughout Florida. Like flags, however, signs alone are of limited value. In Brevard County, the Futch-McGriff sign project has had the positive impact of placing beach safety signs at most public access in the county. These signs have been consistently maintained throughout the years by ocean rescue staff and are undoubtedly observed by many beach-goers. The Futch-McGriff signs are somewhat outdated, however, in that they warn of the possibility of rip currents on one side of the sign, but offer characteristics of a rip current, and some safety language, on the other side of the sign. These signs have been supplemented at most beach access points with the aforementioned USLA/NOAA signs, which provides graphics and beach safety tips 14 See International Life Saving Federation: International Standards for Beach Safety and Information Flags. 2004. www.ilsf.org


http://www.ilsf.org/content/international-standards-beach-safety-and-information-flagshttp://www.ilsf.org/content/international-standards-beach-safety-and-information-flagshttp://www.ilsf.org/

together on one side of the sign most likely to be seen by those entering the beach access. The USLA/NOAA signs were created and vetted by ocean rescue experts, in conjunction with coastal scientists and educators. They are used nationwide.

On-Site Active Public Education

The concept of on-site active public education refers to on-site staff who inform visitors about rules and safe practices. They can also intervene when behavior threatens public safety. In the beach environment, lifeguards would generally be most effective. This is because the lifeguard can, in addition to other services, provide aquatic rescue services to prevent drowning. With respect to drowning prevention, the United States Lifesaving Association estimates the typical lifeguard effects at least 100 preventive actions for every effected rescue. A typical preventive action involves warning swimmers to move away from an area where a rip current is forming. Preventive actions may also be beach oriented, such as moving people throwing a ball away from crowded areas where they may run into others. This critical role of lifeguards enhances the experience of beachgoers, while reducing the number of injuries, deaths, and rescues that must be performed.

Separating Incompatible Activities

There are a wide variety of activities practiced at aquatic areas. These activities are sometimes incompatible. Conflicts can arise and these may escalate into disputes that can threaten public safety. An effective practice in promoting beach and water safety is taking steps to separate incompatible activities. An obvious example of incompatible activities is surfing and swimming. A swimmer can easily be injured or even killed by a surfboard, so it is important to separate these activities to the greatest extent possible. Other potentially incompatible activities include fishing and swimming. On the beach, it is desirable to keep ball games away from sunbathers. Lifeguards are usually in a position to evaluate these issues and manage activities both in the water and on the beach. This can reduce the potential for injury and liability. This management can also greatly enhance the enjoyment of visitors. A review of both Brevard County and Cocoa Beach ordinances related to beach and marine activities shows that city legislators have addressed incompatible beach activity issues, but county legislators have not. County ordinances do not address or define the rule enforcement authority of lifeguards, nor do they address activities such as surfing, ball playing, scuba diving, etc.15 There are trends and developments in the recreational use of the beach and ocean environment that may warrant further beach safety legislative action. Examples of this might include ordinances to regulate kite surfing and skim boarding activities. The intent is not to restrict enjoyment of the coastline, but to ensure that activities practiced by one person do not unduly endanger others and that prudent safety practices are in place.

15 See http://www.municode.com/resources/gateway.asp?pid=10473&sid=9


http://www.municode.com/resources/gateway.asp?pid=10473&sid=9

Lifeguard Services

Public education and separating incompatible activities can be expected to reduce the incidence of injury and death, perhaps markedly. They certainly demonstrate a sincere community effort to protect residents and tourists alike. These actions alone however, will not prevent drowning. In this regard, they can be compared to public education regarding safe driving practices or fire prevention. No matter how much funding is devoted to these efforts, traffic and fire deaths still occur daily in the U.S. In fact, drowning deaths are more prevalent than fire deaths.16 Hence, in addition to public education, communities provide police, firefighters, and emergency medical services. Despite best efforts, some will not be exposed to aquatic safety related public education. Others will ignore it. Still others, despite being knowledgeable, will overestimate their capabilities or simply be overwhelmed by unexpected water conditions. They may fall into the water or be aboard a vessel that sinks. Medical problems, like heart attacks and seizures, can strike swimmers unexpectedly and cause immediate, life threatening problems, regardless of water conditions. Children are particularly susceptible. Drowning is the second leading cause of injury-related death for children in the U.S. (aged 1 through 14 years), accounting for 746 deaths in 2005.17 Moreover, many people who die from drowning are would-be rescuers who felt compelled to assist others in the absence of the availability of professional rescuers. In 2006, 17 ocean lifeguard agencies in Florida reported to USLA that they had performed over 3,400 rescues from drowning.18 By and large, these rescues take place in municipalities with strong public education programs and waterfront management systems in place. Absent the availability of lifeguards, many of these incidents of distress in the water would have unquestionably resulted in death. As well, these same agencies reported that they had performed over 20,000 medical aids, over 500 of which required medical assistance beyond first aid (i.e. typically ambulance transport and hospital treatment).19 Without lifeguards on duty, many of those injured would have suffered needlessly and some would certainly have died. Moreover, the presence of on-site lifeguards undoubtedly reduced the number of ambulance emergency runs in response to minor, non-life-threatening beach related incidents, thus preserving the immediate availability of this critical resource for other emergencies in the community. Statistics compiled by the United States Lifesaving Association demonstrate that the chance of drowning death in an area under the protection of lifeguards affiliated with USLA is 1 in 18 million. Clearly, lifeguards can significantly enhance public safety. Even in areas with very high, year-round beach attendance, like Hollywood or Daytona Beach, when lifeguards trained to USLA standards are on duty, drowning deaths are rare. 16 Nationally, in 2005, there were approximately 900 more drowning deaths than fire related deaths of people between the ages of 1 and 65. (See http://www.cdc.gov.ncipc/wisqars/) 17 http://www.cdc.gov.ncipc/wisqars/ 18 See United States Lifesaving Association 2006 Lifesaving Statistics. http://www.usla.org/Statistics/public.asp (accessed February 23, 2008) 19 See United States Lifesaving Association 2006 Lifesaving Statistics. http://www.usla.org/Statistics/public.asp (accessed February 23, 2008)


http://www.cdc.gov.ncipc/wisqars/http://www.usla.org/Statistics/public.asphttp://www.usla.org/Statistics/public.asp

The Centers for Disease Control and Preventions Lifeguard Effectiveness report states, Most drownings are preventable through a variety of strategies, one of which is to provide lifeguards in public areas where people are known to swim and to encourage people to swim in those protected areas. 20 This position has been strongly supported by recent Florida case law in Breaux vs. City of Miami Beach.21 When beaches are staffed with lifeguards, a number of considerations are important. The lifeguards must be qualified, trained, equipped, and staffed to a level that is adequate to ensure a suitable level of safety, both for the general public and for the lifeguards themselves. A clear chain of command for responses to aquatic emergencies must be in place. This establishes who is in charge at emergency scenes, what backup resources are available, and the roles of all parties involved. USLA has developed a comprehensive program that addresses minimum recommended qualifications, training, and equipment for beach lifeguard agencies. The program is outlined in the publication, Guidelines for Open Water Lifeguard Agency Certification, which is available at no cost from the Certification section of the USLA website www.usla.org.22 USLA promulgates the only national certification program for ocean lifeguard services in the United States. Brevard County Fire/Ocean Rescue currently holds an advanced certification in this program, which suggests that if adequate lifeguard resources are provided within Brevard County, they will be effectively utilized. USLA also promulgates a companion national certification program for non-lifeguard responders to ocean rescues, which is designed for firefighters, sheriff deputies, and others who respond to these incidents. This program is outlined in the publication, Training & Standards of Aquatic Rescue Response Teams, which is also available at no cost from the Certification section of the USLA website. Neither the Brevard County Fire Rescue Department, nor any other in the county, is certified to the standards contained within this program. There have been concerns raised, in light of the recent drowning death numbers, about the efficacy of the Brevard County Fire/Ocean Rescue operation relative to its status as a USLA certified agency. The author of this report conducted an on-site review23 of the Brevard County Fire/Ocean Rescue operation and found the operation to be in compliance with the standards of the USLA program. It should be noted, however, that the USLA agency certification program does not address periods of operation, hours of coverage, or minimum staffing levels for an agency. These are left to be determined on a local level according to a wide variety of factors and they are, indeed, critical to the

20 Branche CM, Stewart S. (Editors). Lifeguard Effectiveness: A Report of the Working Group. Atlanta: Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2001. (See appendix) 21 http://usla.org/PublicInfo/lfg_library.asp 22 http://usla.org/Train+Cert/agenciescert.asp 23 Review conducted on April 18, 2007.


http://www.usla.org/http://www.cdc.gov/ncipc/lifeguard/lifeguard.htmhttp://usla.org/PublicInfo/lfg_library.asphttp://usla.org/Train+Cert/agenciescert.asp

effectiveness of the agency. The record in Brevard County suggests chronic understaffing at key periods of time has led to repeated tragedies.

Periods of Operation

Perhaps the best first step in providing adequate lifeguard coverage is to determine the dates of operation and the hours that the beach will be actively guarded. Most ocean lifeguard agencies in Florida operate 365 days a year, for at least eight hours per day.24 Some agencies in Florida and other parts of the US utilize staggered shifts and 10-hour shifts to ensure that lifeguards are on duty during the hours that people are present on the beach. Brevard County offers seasonal lifeguard coverage to its residents and tourists. It is not clear what yardstick the county uses to measure its beach season. There appears to be a correlation to the Brevard school year, but there are no objective data (local ordinance or departmental policy statements) to support this. In Brevard County, it also appears that the tradition of limiting lifeguard protection to a limited season has been adhered to despite the fact that other central Florida lifeguard agencies have deemed year-round service essential. Departmental records of Volusia and Indian River Counties show that lifeguards have performed both rescues and preventive actions throughout the winter months when Brevard County lifeguards are not employed. This is likely due to the fact that the formation of rip currents is a conditions-driven danger that is wholly unaffected by the number of people on the beach. When weather systems, some hundreds of miles from shore, lead to groundswell development or when local storms produce currents and bottom movement occurs, swimmers and even waders are vulnerable. Often swimmers get into trouble just a few feet from the shore where conditions may appear to be safe. This illusion may tempt good Samaritan rescuers to act, which multiplies the number of persons at risk. 25 Many overestimate their abilities. In Brevard County, as in other areas of central Florida, these factors, coupled with mild climate and warm water temperature, make the ocean both an appealing and dangerous place all year long. The length of season for Brevard County lifeguard protection fluctuates from year to year.26 In 2007, county lifeguard service commenced on the weekend of March 24th to coincide with Spring Break. The seasonal schedule provided for lifeguard coverage on weekends only through May 23rd, at which time coverage was extended to seven days per

24 There are thirty-seven agencies that provide year-round lifeguard protection around the state; there are seven that provide seasonal coverage. (Source: Florida Beach Patrol Chiefs Association) 25 There is much anecdotal evidence of rescues performed in Brevard County by surfers and other good Samaritans during the periods that county lifeguard service is not provided. 26 As of February 23, 2008, the posting on the county government website for the 2008 lifeguard season notes TBD.


week through August 8th. The lifeguard season ended with some areas providing weekend coverage through the last weekend in October.27 During the four day period between March 27th and 30th, four seasonally employed lifeguards were called up to staff Shepard Park when it became apparent that crowds and rough water conditions warranted a modified protection plan. This emergency action plan was apparently not effective enough to prevent a drowning death, which occurred on March 27th, just south of Lori Wilson Park where there was no lifeguard posted. Brevard County beaches are guarded from 9:00 am to 5:00 pm during season.28 The hours of coverage are modified periodically during special events. Hours of lifeguard coverage are not posted on-site. Although some lifeguard agencies in Florida do follow similar hours, beachgoers do not magically leave the beach at 5:00 p.m. This is the reason that staggered or extended shifts are effectively employed by some agencies. As noted elsewhere in this report, to be effective, lifeguards must be posted in the places and at the times that people typically use the coastal environment for recreation.

Area of Responsibility

The next step in providing adequate lifeguard coverage is to determine the area for which lifeguards should be responsible. It would be unreasonably expensive for Brevard County, or any other lifeguard agency, to provide lifeguard protection at every access to the beach. By evaluating existing areas regularly for changes in usage or development of high hazard, by providing protection where it is needed, and by encouraging swimmers to swim in protected areas, lifeguard agencies mark progress toward providing reasonable levels of aquatic safety. The protected areas should be in areas people are most likely to swim, where infrastructure and attractions exist that makes it convenient to swim, where unusual hazards exist, and where historical incidents demonstrate a need. Existence of these protected areas should be made clear. Encouraging people to swim near a lifeguard29 is an excellent approach, but people are not likely to travel far to find lifeguard protection. If the goal is drowning prevention, lifeguard services must be placed conveniently, where people are known to swim and likely to swim. Brevard County has chosen to provide lifeguard protection at locations that generally fall within the boundaries of a county or city park, with some notable exceptions. Oceanfront parks are an obvious and essential place to provide lifeguard protection. Again, if the Countys goal is to prevent drowning, it should target areas where people congregate to swim, regardless of jurisdictional issues.

27 Since Brevard County provides its lifeguard service to four municipalities and a private business through contract, the contractees can and do set different periods of operation. This may confuse some who are seeking lifeguard protected beaches. 28 Brevard lifeguards report for duty at 9:00 a.m. and perform in-service training for the first hour of each day. 29 USLA slogan.


For the 2007 season, Brevard County funded a total of 13 lifeguard stands.30 Since Brevard County Fire/Ocean Rescue provides emergency response to each area, and since the areas are geographically separated, the agency divides them into four zones for management purposes. The four zones, as outlined in the table below, cover an approximate 23-mile stretch from Cape Canaveral to Melbourne Beach.

2007 Brevard County Lifeguard Stand Locations31

[Number of Stands in Brackets]

Zone 1 Zone 2 Zone 3 Zone 4 Canaveral-Cocoa

Beach City of Cocoa

Beach Indialantic Melbourne Beach

Cherie Down Park [1](County)

Shepard Park [2] (City)

Futch Park [1](County)

Ocean Avenue [1] (City)

Tyler Avenue [1] (City of CC)

Fischer Park [1] (City)

Nance Park [1] (City)

Spessard Holland Park North [1] (County)

Cocoa Beach Pier [1] (City of CB)

Lori Wilson Park [1](County)

Boardwalk [1] (City)

Spessard Holland Park South [1](County)

Spacing of lifeguard stands is a factor in providing for overlapping surveillance and emergency backup. This spacing is often determined by the response time that it takes to perform a successful intervention. Brevard County provides only single stand coverage in each protected area, with the exception of Shepard Park, which has two stands. In Zones 1 and 2, the average distance between lifeguard stands is one mile. In Zones 3 and 4 the distance between Futch Park and the two city stands is three miles, while the distance between Ocean Avenue and the Spessard Park stands is also about three miles. The Nance Park and Boardwalk areas in Zone 3 have one stand each, but they are within 150 yards of each other. The distance between lifeguard stands under the current coverage funded by Brevard County effectively precludes overlapping surveillance and hinders emergency backup in each area. It is important to note that Zones 1 and 2 (Cape Canaveral-Cocoa Beach) have abundant public attractions, hotels, restaurants, and numerous public beach access points. Large crowds flock to the beach throughout the area. As a result of the spacing of lifeguards in widely separated areas of responsibility, much of this eight-mile stretch of beach is virtually unprotected. The predominant reason we heard during our meetings for the sparse coverage was the cost of providing more lifeguards. 30 Twelve of the thirteen stands are movable open-air lifeguard chairs, as opposed to fixed, enclosed lifeguard towers. 31 [] Denotes number of lifeguard stands; () denotes area of jurisdiction.


Staffing Levels

During seasonal staffing periods, Brevard County Fire/Ocean Rescue adheres to a standard operating procedure that has two lifeguards assigned to each stand. Additionally, there is one supervisor assigned to each of the four zones of coverage. Staffing decisions should be based upon the fundamental principles that follow. Staffing levels should be appropriate to attendance and conditions while providing for public safety in a manner consistent with user demand. Such responsibility should not be left with a single lifeguard. Lifeguards work more effectively in teams, both for economy of effort and personal safety. This is especially important in areas where great distances separate lifeguard stations, as is the case in Brevard County. These teams and/or sites should be managed through a central administration capable of providing necessary relief, backup, and resources. The number of lifeguards employed by an agency should be adequate to prevent drowning death and to effectively handle other emergencies, regardless of fluctuations in attendance and conditions. The agency must therefore fund an operation that is flexible enough to vary staffing according to anticipated fluctuations, in each factor, regardless of the time of year. The effectiveness of this strategy rests upon the presumption that the agency will implement sound policy regarding periods of operation and area of responsibility. A review of each drowning death in 2007 has shown that nine of the events happened either in areas where there were no lifeguards stationed or at periods of time when there were no lifeguards on duty. While operating budget decisions may have impacted existing coverage strategies, choices have also been limited by the availability of seasonal lifeguard staff. In Brevard, most lifeguards brought on as seasonal workers are not available to work the standard forty-hour week during spring, fall, winter, and even parts of summer. Many are high school or college students with limited time for lifeguard duty. The attrition of workers in this demographic is relatively high as well. It can be exceedingly difficult to reach high standards of professionalism under these circumstances. A committed, experienced workforce is highly desirable for a public safety operation, not least because it provides the manager with the operational stability to meet contingencies, but also because the public expects it. This is the norm elsewhere in Florida, even in areas that augment year-round staffing with seasonal and part time personnel.

Staffing Locations

Even a casual observer will note that beach users tend to congregate in certain areas. Wherever there is beach parking, for example, a higher level of beach attendance will be noted nearby. Most people tend not to walk far from where they have parked. The proximity of restaurants and restrooms are also factors that contribute to the choices people make in this regard. People will seek beach access near these attractions for convenience sake.


Seven of the ten Brevard County drowning deaths in 2007 occurred near a hotel, condominium, or restaurant. Most people staying at a beachside hotel will use the water directly in front of these hotels, rather than walk or drive any significant distance to find lifeguard protection. Amenities provided by a hotel, such as lounge chairs, enhance visitor comfort and this may discourage movement to lifeguard protected areas. While it is not known whether the drowning victims were patrons of these establishments, it is clear that at the time of their deaths lifeguards were not in a position to save them. It has been reported that nine of the ten victims were not residents of the Brevard County. Seven were visiting Brevard from out of state.32 As previously noted, the flexibility provided by adequate staffing levels is an essential component of successful management of a public safety agency. The fact that tourists are staying in area hotels and are eating in area restaurants should come as no surprise to beach safety officials. The fact that these same people will access and utilize the beach closest to these attractions, quite often with tragic results, should prompt officials to evaluate these areas as potential staffing locations. Through public information campaigns, people can and should be encouraged to swim only where lifeguards are on duty. The effort to protect people will only be fully successful, however, when lifeguards are placed at convenient spots where people are likely to gather. This might be in front of a hotel in Cocoa Beach or Indialantic, for instance. Concerns about property ownership, liability, and indemnification related to lifeguard stand locations have apparently been addressed by the contractual relationships already existing between the county, the municipalities and, in one case, a private business.33 In any event, it is not unusual to find publicly funded lifeguard stands in front of hotels, condominiums, or restaurants throughout Florida and elsewhere in the country. Just as firefighters and police respond on a constant basis to incidents on private property, in an effort to protect life and property, lifeguards should be staffed where needed to protect public safety. History can also provide a guide to the location of lifeguards. Records of past drowning deaths and near deaths can help pinpoint areas where future problems may develop. Complete reliance on such figures is to be discouraged. Among other things, it is a reactive, rather than proactive approach to drowning prevention. However, ignoring history is foolish. Brevard County Fire/Ocean Rescue has reported nineteen drowning deaths over the past three years.34 As a majority of these incidents have taken place outside of guarded areas, or during times when lifeguards have not been assigned, it would appear that county officials are facing a long-term problem that suggests the need for a change in each of the fundamental elements mentioned thus far.

32 This was reported by local media and by Fire/Ocean Rescue officials during the Brevard forum on January 18, 2008. 33 The county, the city, and the pier owner jointly fund the lifeguard stand at the Cocoa Beach Pier. (See City of Cocoa Beach Commission meeting minutes December 15, 2005) 34 See USLA 2007 Lifesaving Statistics: http://www.usla.org/Statistics/public.asp


http://www.usla.org/Statistics/public.asp

Observation Points

As noted above, the primary tool lifeguards use to maintain water safety is observation. Lifeguard observation points must have a clear and unobstructed view of the area of supervision. Lifeguard observation towers are ideally elevated (the higher the better within reason) and provide the lifeguard with protection from the elements. They should include adequate space to allow the lifeguard to stand and move while observing the water, and a place for necessary rescue and first aid equipment. The design of a lifeguard tower should include a way to respond on foot to a rescue without breaking observation of the swimmer in distress. Only one of the thirteen lifeguard stands that Brevard County Fire/Ocean Rescue utilizes as water observation towers fits the above criteria. The enclosed lifeguard tower at Lori Wilson Park provides lifeguards with an effective and safe observation point, while it demonstrates to the public that the area is, indeed, guarded. The enclosed tower model provides a focal point that stands out on a crowded beach and projects an image of security to the beach patron. Brevard County has not invested in this type of observation tower elsewhere, although it is commonly utilized throughout Florida.

Backup

Like police officers and firefighters, lifeguards often need backup. Sometimes, multiple victims are swept offshore in a rip current all at once. Major medical cases in the vicinity may require several lifeguards to effectively handle the incident. While these incidents are being attended to, the goal is to maintain water observation and to provide emergency response to others in need. Backup lifeguards should be available to assume water observation when the lifeguard assigned thereto is otherwise engaged. Backup staffing levels should be adequate to address problems that can reasonably be expected to arise. Brevard County, in assigning one supervisor daily to each zone of operation, provides for limited backup. With great distances between lifeguard stands, there is the likelihood that a supervisor may not be in a location where immediate backup is needed. Brevard Ocean Rescue zone supervisors travel between guarded locations via all terrain vehicles. These vehicles are equipped with basic life support medical aid equipment, but lack emergency lights or sirens. Response time for backup is affected by variable conditions including: the position of the supervisor at the time of the call, the size of the crowd, the presence of natural and manmade obstructions, and the speed of the vehicle. In Zone 3, for example, the supervisor in an emergency might be expected to respond as far as three miles on an ATV without lights and siren. The fastest response, in this case, might be too long to provide meaningful backup. Slow response time is associated with most drowning deaths.

Breaks

Observation of a swimming area requires constant vigilance. Much has been written about the tremendous challenge presented by attempting to maintain concentration in the face of the monotony of watching swimmers for extended periods of time. Training may


help, but it does not eliminate normal human reactions to stress or fatigue. If lifeguard concentration lapses, even momentarily, it can have lethal consequences for those under the protection of the lifeguard. For this reason alone, regular breaks are critical. Breaks are also needed due to the environment in which lifeguards work. Often it is hot and windy, and lifeguards are exposed to the elements. And breaks are required for simple human needs, like eating, using restrooms, and stretching legs. In general, lifeguards should be assigned to water observation for no more than an hour at a time before being given a break of at least hour. A lunch and/or workout break should also be scheduled daily. USLA certification requires that lifeguards be provided an opportunity to exercise each day during their regular shift. This helps keep lifeguards alert and helps encourage them to maintain the high levels of fitness needed for the job. Brevard County lifeguards perform their workouts between 9am and 10am daily, and throughout the day as conditions permit. Breaks are facilitated between team members, with the lifeguard on break remaining in the area. It is questionable whether Brevard adheres to the USLA recommended breaks in order to maintain attentive vigilance. Throughout the day, while one of two lifeguards watches the water from the stand, the other is required to be on patrol at waters edge.

Equipment

Lifeguards need a variety of rescue and medical equipment to effectively carry out their jobs. The most basic is the rescue floatation device and swim fins. Additional equipment, such as rescue boards, first aid kits, binoculars, vehicles, and boats can be helpful as well. In some cases, the provision of motive equipment can help limit the need for personnel, particularly backup personnel. Further information on lifeguard rescue equipment options is available in Open Water Lifesaving The United States Lifesaving Association Manual, (second edition).35 In an area such as Brevard County, with vast expanses of open beach, emergency response vehicles, boats, and personal watercraft are essential. They allow rapid backup to remote locations, conveyance of lifeguard equipment and personnel where needed, improved supervision, effective patrol, and a high level presence. Rescue boats can provide essential services to rapidly rescue multiple victims in high surf or rip current conditions. The availability of such tools can maximize the effectiveness of lifeguards and may help limit needs for personnel. Brevard County Fire/Ocean Rescue has two personal watercraft for use in its four zones of operation. Only one is equipped with a rescue sled. The agency has six all terrain vehicles, with capabilities and limitations noted above. These ATVs are painted the same olive green as those of beach clean-up personnel. The agency also has three four wheel drive vehicles equipped with lights, siren, and public address system. Backboards and oxygen are not immediately available at lifeguard stands. They must be transported 35 Brewster, B. Chris (Editor). Open Water Lifesaving: The United States Lifesaving Association Manual; Prentice Hall 2003 ISBN 0-536-73735-5 (Chapters 13 and 14)


http://www.usla.org/Train+Cert/text.asp

to the scene by the zone supervisor. Each stand has a basic first aid kit and one hand-held 800-megahertz radio.

Responsibility and Management

Lifeguard agencies are providers of emergency services and are thus a link in the chain of public safety service systems. Lifeguards who serve marine environments are in fact hired to assume responsibility for the protection and rescue of people from a hazardous environment. They should be well trained, have high skill levels, be willing to accept a significant amount of responsibility and, at times, risk their lives. Employers or employees cannot take this duty lightly. Due to the seasonal nature of the lifeguard services provided by Brevard County, local firefighters and police are called upon to respond to aquatic emergencies at times. There are two Marine Rescue units under local fire department command within Brevard County, one being in Melbourne Beach and the other in Cocoa Beach.36 More often than not, as a consequence of the time delay between dispatched calls versus on-site response, these types of marine rescue units will be concerned with search and rescue operations as opposed to rescue operations. At times when lifeguards are on duty, a clear chain of command should be prearranged to avoid any confusion at emergency scenes. In Brevard County, it appears that there exists such a chain of command between lifeguard personnel and other emergency services workers. If firefighters, police, park rangers, or EMS workers are to be expected to participate in in-water rescue, they should first be fully trained to recognized national standards. This helps ensure adequate victim care and personal safety protection for the employees so assigned. Although standards of care owed to individuals vary, any determination of negligence or civil liability is based on standards for performance of the professional lifeguard. Ignorance of such professional obligations is no excuse for failing to meet them. Therefore, those with the administrative and functional expertise to administer a comprehensive public safety quality assurance program should conduct management and supervision of beach safety personnel.

Recruiting and Retention of Lifeguards

Brevard County Fire/Ocean Rescue conducts an annual recruiting and pre-employment training process to find the numbers of able recruits needed to staff its beaches. We have heard reports of ongoing problems with utilization of employees attending schools, due to unavailability. This problem is highlighted by the fact that Brevard County Fire/Ocean Rescue has employment lines for 100 unclassified seasonal lifeguard positions while it staffs only 30 positions daily.

36 During the weekdays of March 26-30, 2007, in the absence of on-site lifeguard protection, the City of Cocoa Beach Fire Department assigned firefighter personnel to respond to aquatic emergencies.


The Florida Beach Patrol Chiefs Association has conducted Florida lifeguard pay surveys, which may be of value in evaluating appropriate pay levels. However, typical supply and demand forces impact the local labor market. If existing pay and benefits are inadequate to attract adequate numbers of employees who can be relied upon to be available for work when needed, then they needed to be adjusted accordingly. It is also possible to improve recruitment and retention by improving working conditions in areas important to prospective and existing employees. Properly equipped and sanitary lifeguard facilities are one aspect of working conditions that can help with recruitment and retention efforts. We found the Brevard County lifeguard facilities to be substandard, inadequate, or nonexistent. This signals a low level of respect for the employees and for the service they provide. County lifeguard equipment is improperly stored for lack of adequate space. County lifeguards have no lockers, showers, or other amenities at the worksites. Lifeguard facilities should be of high quality and provide amenities one might expect at a fire or police station. This is especially true considering that lifeguards will welcome and medically treat the public at such facilities. The public will, of course, expect sanitary conditions while a wound or other injury is being treated.

Oversight Options

In the United States, lifeguard protection is most commonly provided by the entity that owns the adjacent beach. This is true even though the owner of the beach is not always the owner of the water. In effect, the owner of the beach provides lifeguards to protect users of its beach who venture into adjacent waters, regardless of who owns these waters. In Brevard, there are no hotels, condominiums, or private residences enforcing rights to adjacent beaches. The general public is thus free to use those beaches. Therefore, under the legal doctrine of Laches, that property becomes, in effect, public, and safety becomes a public responsibility. The idea of establishing a so-called adopt a lifeguard program has surfaced recently in Brevard County, mostly by concerned citizens who want to see some ameliorative action taken as a remedy to the perceived inability of government to address aquatic safety concerns. It has been repeatedly suggested that this program is a possible way for private entities to fund private lifeguard services. This idea is suggested with the best of intentions from concerned citizens who have risked their own lives to save others.37 It will not, in our view, provide an adequate solution to the problem. Donations and contributions are a useful source of income for capital improvements, such as purchasing land or equipment, but ongoing funding of government services cannot effectively rely upon the uncertain levels of interest in funding donations. Thus, while it may be useful to engage potential contributors to provide enhancements to lifeguard facilities and equipment, we do not recommend relying upon this model for funding of lifeguard services in general.

37 Brian Bobb and Monika Aranha are at least two of many citizens who have made Good Samaritan rescues in Cocoa Beach. Mr. Bobb suffered debilitating injuries as a result of his actions; Ms. Aranha nearly drowned.


The vast majority of surf lifeguard programs in the U.S. are run by governments (federal, state, and local), with the lifeguards employed by those governments. This is obviously the case in Brevard County as well. The fact that the Brevard County lifeguard service is under public control assures direct accountability to both county officials and citizens. It is important to note that both Brevard County and the City of Cocoa Beach decided to facilitate lifeguard protection at the Cocoa Beach Pier in 2006 with county employees, even though partial funding comes through the Cocoa Beach Pier, a privately owned company. If expectations are not met, the county has the authority to take immediate steps to correct any deficiencies. This is of particular import with respect to a public safety provider. Another option, when lifeguards are public employees, is conference of enforcement powers. A variety of approaches in this regard are utilized in the United States, from arming lifeguards and providing them full police powers (ex: Volusia County, Florida and California State Parks), to providing limited arrest and citation powers, to conferring only the right to issue legally enforceable verbal warnings. When properly utilized, this option reduces reliance on police, engenders greater respect for and compliance with lifeguard directions, helps keep beaches clean and orderly, and enhances beach safety. Obviously, it requires training appropriate to the level of enforcement power conferred.

Research

In Brevard County, the Fire Rescue Department presumably files reports on drowning deaths. Logging and reviewing incident reports provides data that may indicate new areas of responsibility, periods of operation, and levels of staffing. Additionally, there are 9-1-1 dispatch logs and department run reports that can be evaluated. There appears to be little evidence to show any documented communications or memoranda between Fire Rescue Operations and its Ocean Rescue Lifeguard Service regarding the nineteen drowning deaths reported since 2005. We requested copies of drowning incident reports and were informed that the Fire Chief meets with staff and conducts a review of each call after the incident. We were provided with no specific evidence of such reviews, the quality thereof, or any written outcomes intended to reduce the likelihood of recurrence. Apparently, there are no written records of these meetings. We were told that specific patient care reports were protected by HIPPA laws and could not be released. We were further informed that there was no departmental policy regarding debriefing sessions. The general concept of quality improvement in public safety requires that critical incidents be evaluated for areas where adjustments could be expected to reduce the likelihood of recurrence and that appropriate actions are implemented for this purpose. Our review of the county medical examiners records for the period between 2001 and 2007 revealed that drowning deaths occurred widely throughout the countys oceanfront, and the numbers have been increasing, with a marked increase in 2007. Most appear to have occurred at a place or time when lifeguards were not deployed. This would indicate that the lifeguards are effective in the areas, and at the times, they are deployed.


Records of beach attendance, rescues, medical assistance, drowning death and near death are essential to guide lifeguard staffing, location, and manpower/budget allocation. Further research is needed to help identify locations and times where drowning death and near death has taken place over the past five years. This should not be the sole determinant for placement of lifeguards, but should be taken into account. Brevard County Fire/Ocean Rescue has consistently reported to USLA its annual statistical record of contacts, medical treatments, rescues, visitation, and drowning deaths since first becoming a USLA certified agency. By recording data in this manner and conducting a comparison study, the agency should be able to evaluate effectiveness and determine new areas of need.

Jurisdictional Issues

Brevard County has quite complex jurisdictional issues that could complicate organization, administration, and the level of service provided. These issues are currently handled via contractual agreement between the county, who provides lifeguard service, and the municipalities, along with one private interest, who request lifeguard service. The period of operation for lifeguard coverage is determined by the individual city; the county does not mandate it. Again, it is unclear what yardstick these municipalities use to measure the length of season that lifeguard protection is needed. Brevard County has Mutual Assistance Agreements in place, coordinating county and city medical and operational protocols under the direction of the county Medical Directors office. This office, imbedded in the Fire Rescue Department, has published separate protocols for ocean rescue. In 2007, all thirteen lifeguard stands, representing city and county services, opened for the season on the same day (March 24th), and provided weekends only service until schools let out for summer break.38 After Labor Day, the cities of Cape Canaveral, Cocoa Beach, and Indialantic terminated their contracts and supplied no lifeguard service, while the county and the City of Melbourne Beach continued to supply lifeguards on weekends through October. We find this patch quilt style of lifeguard service confusing and dangerous. It is unclear who negotiated these contracts on behalf of the respective parties. Lifeguards are not provided in front of any hotel in Brevard County, and we did not observe signs so stating. Regardless of the presence or absence of signs, we observed, in front of several establishments, amenities such as chairs and umbrellas that would obviously attract users. It appears that these amenities are provided by private concessions, but it is unclear what business relationship these concessions have with either the city or the county. Clearly, people staying at a hotel would most like to swim in front of the hotel, rather than driving or walking some distance to lifeguards who may or

38 The one exception was the Town of Indialantic, which had contracted to supply lifeguard service for the full seven days of spring break and reverted back to weekend service after March 30.


may not be on duty. The availability of amenities, such as chairs, as well as convenience, would encourage this. Records and reports indicate that most Brevard County drowning deaths have occurred outside areas of lifeguard protection, some in front of hotels. The lack of conveniently situated lifeguard protection, whether in front of hotels or other establishments where people tend to swim has undoubtedly contributed to these tragic outcomes. Brevard County Fire Rescue has informed us that no specific written operating policy exists for lifeguard responses to people in imminent danger of drowning outside the areas of lifeguard protection, either during times when lifeguards are on duty or during off-season periods. It is clear that such responses would be the responsibility of the fire department in the absence of lifeguard protection. To our knowledge, firefighters who are now permitted to participate in water rescue, and who may in some cases be primary responders thereto, are not trained or qualified to national standards promulgated by the United States Lifesaving Association. The very nature of emergency services of all types is that they are sometimes stressed beyond immediate capabilities by incidents of major proportions. This stress applies to lifeguard protection, just as it does to police and fire protection. As previously noted, an example of this was seen in Brevard County during spring break week 2007, when large crowds faced dangerous water conditions and limited lifeguard protection. If the goal of the Brevard County Fire/Ocean Rescue leadership is drowning prevention, regardless of where this may take place, then a comprehensive plan that can bridge the countys jurisdictions is needed. The nearest lifeguard to a reported incident should be dispatched, regardless of that lifeguards regular area of responsibility. There must be a method for that lifeguard to expeditiously respond without compromising existing areas of responsibility. Historically throughout the United States, a number of drowning deaths have occurred during periods of high surf, often associated with offshore storms. High surf attracts many people to the water. It causes strong rip currents and can overwhelm even experienced swimmers. Many storms and related drowning deaths have occurred during periods of low lifeguard staff levels, and many more drowning deaths in Brevard would have occurred were it not for the surfing community. If drowning prevention efforts are to achieve a measure of success during these events, a comprehensive action plan and proper staffing will be needed.

Statutory Considerations

Chapter 125 of the 2007 Florida Statutes defines tourist as a person who participates in trade or recreation activities outside the county of his or her permanent residence or who rents or leases transient accommodations39 In order to promote tourism in the state, the Florida legislature established a Tourist Development Tax which allows

39 See Title XI County Organization and Intergovernmental Relations http://www.leg.state.fl.us/statutes/index.cfm


http://www.leg.state.fl.us/statutes/index.cfm

counties to levy up to a 6% tax on the exercise of the privilege of visitors who rent or lease transient accommodations for six months or less.40 Since 1986, Brevard County legislators have enacted a 5% tourist development tax through ordinance. Under the Budget Plan for these taxes, (county code section 102-119) the county has not exercised an option to add an additional 1% as a high impact tourist county. We were informed that Brevard County does not meet the statutory requirement for such a designation.41 In light of the numbers provided to us by the Space Coast Office of Tourism, we find this questionable and worthy of further investigation by county officials. At any rate, some county officials have voiced concerns regarding the legitimacy of applying any tourist development tax revenue to providing lifeguard services.42 Under the aforementioned statute it appears that tourist development tax revenues are currently being used by Brevard County in the provision of services that facilitate the development and promotion of tourism. The expenditure of these revenues includes substantial amounts to finance beach improvement, maintenance, renourishment and erosion control, as well as to finance service that shall have as one of its main purposes the attraction of tourists 43 While we are unaware of any specific service that is currently funded under this provision, we submit that this service might include the protective service offered to tourists v

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