Lifeguards Requirement

Is there a VA State law that requires Lifeguards must be present when childern are using the pool? If so please point me in the right direction.

Background information: My HOA decided to not use lifeguards in our outdoor pool. We are a 55+ Active Adult Community. However we do allow children in the pool i.e. under the age of 18 on specific days and on specific hours. One of the residents stated that lifeguards are required if and when childer use the pool. I'm trying to get an answer or at least some background information.

Shelia,

Pool requirements are based on county.

Private (HOA) pools are different then public pools and a bit different then a simple residential pool.

Here is a link to a discussion on pools in Loudoun County

I would suggest contacting the county zoning office or health dept.
The questions would be:

Is a lifeguard required at an HOA owned/operated community pool not open to the public?
What regulations or County Codes affect HOA owned/operated community pools?

As Tim stated you need to check with your local government entity. Also, ask them about Fair Housing Act (FHA) with regards to the pool. This website has some information regarding FHA pool regulations and states:

"On top of that there are exemptions that could apply, such as for a senior-living community where rules regarding children may not violate FHA. Associations should have their policies relating to children reviewed starting with pool rules.”

The "may not" with regards to violate leaves questions. My late grandmother's HOA was a 55+ and what they did was require the owner to accompany any family or visitors when using the pool. This insured that an adult was present in a round about way because all owners were 55+.

In CA, we may NOT limit pool hours to certain age groups. so you'd better check on that too. It's very possible that no limits may be passed on WHO use the pool.

It is a county issue. They are the ones also responsible for conducting pool inspections. I would ask them what the rules/regulations are with pools. Some require fencing, locks, or other safety features. Best to ask the county inspection department.

Of course not ... as many of us already stated it will depend on Local Government ordinances and we do not know OP's local area. If is for example Virginia Beach, VA regulations are: Section 34--70 ... https://www.municode.com/library/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH34SWPO_ARTIIIOP_S34-70LI . OP needs to check with local ordinances to answer that question.

When I lived in Virginia I was on the Board of a 55 & over community. Although the county did not require us to have lifeguards, our insurance provider did. Be sure to check with your insurance company before going without lifeguards.