According to the regulation, a lifeguard does not need to hold any professional lifeguard certificate but must be capable of diving into the deepest part of the pool and bringing anyone in need of help out of the water.

Assessing lifeguarding capabilities and organizing the necessary training will be up to each service provider, depending on the specific features of the pool. In deeper pools, this may also require additional equipment and specialized training.

"For example, the pools at Kalev Spa in Tallinn are significantly deeper than those at the Raba pool in Pärnu, which means that lifeguarding capabilities must also differ at those pools," Ministry of Social Affairs adviser Ramon Nahkur said, referring to the draft regulation's explanatory memorandum.

The ministry says ensuring lifeguarding capability in all swimming pools and water parks boosts visitor safety and enables swift assistance when needed.

According to the Health Board, in 2018 only 21.5 percent of the pools examined provided a certified lifeguard. In 2023, a total of 84 water-related accidents were registered in the various aquatic facilities in Estonia.

"While accidents cannot be entirely avoided and everyone's own responsible behavior is important, an on-site lifeguard can significantly reduce the risk of tragic incidents through quick action," Nahkur added.

Veikko Luhalaid, executive director of the association of Estonian cities and municipalities, said while he backs the lifeguard requirement, the responsibilities of a lifeguard should be defined more clearly.

"The A performing lifeguard duties will carry one of the highest levels of responsibility among sports complex employees, which requires a very precise understanding of duties and accountability," Luhalaid said.

Luhalaid said he also believes that the explanatory memorandum to the regulation should state more clearly how the new requirements will affect local governments, since they also extend to school and kindergarten pools, and so may incur additional costs.

The Health Board reports that there are 205 institutions and companies in Estonia that operate swimming facilities, making up a total of 232 swimming pool complexes and 489 pools.

In January, the Pärnu County Court acquitted the Tervise Paradiis and its employee Gert Kuusik over a 2023 drowning case. The court concluded that the employee training and internal procedures of the company met the requirements as they currently stand, though the case is being appealed at the second-tier Tallinn Circuit Court.

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