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LetA (Nevada)
Posts: 2,679
Posted:
As if the Sterling Davis ruling hasn't complicated things, the Southern Nevada Health District is about to outpace the 2015 legislature that taxed us into oblivion.

Do any of you other members face such harsh pool and spa regulations? How do you handle it? here are two separate articles addressing the new regulations
the bottom link is from Today's paper.

https://www.reviewjournal.com/homes/resale-news/more-on-proposed-pool-rules/

https://www.reviewjournal.com/homes/resale-news/more-on-proposed-pool-regulations/
GenoS (Florida)
Posts: 4,276
Posted:
Interesting. What's behind the need for stricter regulations? Have there been a rash of health problems at association pools? Or are the new rules geared towards casino hotels and associations are getting caught up in the push for automated maintenance systems?
SheliaH (Indiana)
Posts: 6,964
Posted:
What Geno said. I'd also follow the money - if everyone has to have an automatic chemical feeder, that'll mean a lot of business for someone.

If you don't like the proposed regs, your board might want to attend the next hearing and express your concern - if it's money, you may want to note how much more this will cost your homeowners.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
The real name of the legislation is Davis-Stirling. It ONLY applies to CA. I'm baffled why you keep referring to it as if it applies to NV and maybe other states. Not true.
KerryL1 (California)
Posts: 14,550
Posted:
The real name of the legislation is Davis-Stirling. It ONLY applies to CA. I'm baffled why you keep referring to it as if it applies to NV and maybe other states. Not true.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I am with Geno ... are the HOA's getting caught up in Casino Pool regulations??? It appears that potentially all HOA's need to be sure to attend these meetings and participate in the discussions.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Problem is, what is not provided is the actual proposal.

Per the current regulations, it appears that a COA/HOA pool is not considered public (NRS 444.065).

However, per Feb 23, 2017 attachment to Board meeting minutes, it appears that this stuff will only apply to "RESORT ASSOCIATIONS".

I take that to mean hotels that also have time shares within their hotel. Hence, it's a public pool.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 06/18/2017 11:33 PM
Problem is, what is not provided is the actual proposal.

Per the current regulations, it appears that a COA/HOA pool is not considered public (NRS 444.065).

However, per Feb 23, 2017 attachment to Board meeting minutes, it appears that this stuff will only apply to "RESORT ASSOCIATIONS".

I take that to mean hotels that also have time shares within their hotel. Hence, it's a public pool.

I'm not sure Tim:

Per the draft: https://www.southernnevadahealthdistrict.org/download/ahp-regs-final-draft.pdf

“AQUATIC FACILITY” means a physical place that contains one or more AQUATIC VENUES and support infrastructure.

“AQUATIC VENUE” means an artificially constructed structure or modified natural structure where the general public is exposed to water intended for recreational or therapeutic purpose. Such structures do not necessarily contain standing water, so water exposure may occur via contact, ingestion, or aerosolization. Examples include swimming POOLS, WAVE POOLS, LAZY RIVERS, SURF POOLS, SPAS (including SPA POOLS and hot tubs), THERAPY POOLS, WATERSLIDE LANDING POOLS, spray pads, and other interactive water venues.

“OWNER” means any person, individual, partnership, corporation, company, association or like entity who owns, leases, or proposes to own or lease an AQUATIC VENUE or AQUATIC FACILITY.

“PATRON” means a BATHER or other person or occupant at an AQUATIC FACILITY who may or may not have contact with AQUATIC VENUE water either through partial or total immersion. PATRONS may not have contact with AQUATIC VENUE water, but could still be exposed to potential contamination from the AQUATIC FACILITY air, surfaces, or aerosols.

“QUALIFIED OPERATOR” means an individual, with an active HEALTH AUTHORITY registration, responsible for the operation and maintenance of the water systems and the associated infrastructure of the AQUATIC FACILITY.

“RESPONSIBLE PERSON” means an individual on-site that is responsible for the proper function of water treatment operations when a QUALIFIED OPERATOR is not on-site at an AQUATIC FACILITY.

The document itself is 110 pages long so have not read it all; however, the definitions I have read with some above potentially open a huge can of worms for HOA's. My mom bought a "vacation home" for the family in Vegas, so this could be an issue for our HOA there.

JanetB2 (Colorado)
Posts: 4,219
Posted:
LetA ... Does NV have a state website with a list of HOA's and email contact info for them? I know CO does, but not sure about NV.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Also ... Did you just happen upon this info OR was your HOA informed because you have a pool?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Janet,

You were able to locate and provide a draft of the regulations.
Thank you. As I stated, the draft was not provided when I made my posting.

Fortunately, as the article stated, changes to the proposal has already occurred and will likely to continue.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Note the regulation says places that are available to the General Public. It may not apply to HOA's as they are not available to the General Public. Same as making the pool handicap accessible. Not necessary for a private pool.
KerryL1 (California)
Posts: 14,550
Posted:
I read this as JohnC does. It refers to venues, " where the general public is exposed to water intended for recreational or therapeutic purpose."

HOA pools are private.
PitA
Posts: 1,416
Posted:
The new proposed requirements are thought to be necessary because many/some pools are NOT being properly maintained because of the typical 3 day per week service schedules.

1. We were successful in that the new regulations will not be requiring the automatic feeders for the pH and chlorine chemicals for existing pools and spas.

2. At this time, I am not sure whether these automatic feeders will be required for new construction. I am concerned that once the automatic feeders start being installed in new construction that in the future we may see the Health District attempt, once again, to require these feeders in existing pools and spas.

3. Here is the catch 22 on these automatic feeders. Associations could be required to install them if the Health District determines that an association is not properly maintaining the pH balance.

4. For associations that have only three days a week service, you will need to seriously look at extending the three-day service to seven days as the increase in the cost of the service will be substantially less than converting to the automatic feeders, which would require major construction changes, such as an additional building that is ventilated and has corrosive proof sprinkler system, barriers from the existing pool pump area, the cost of the feeders, themselves, the increased insurance cost as a result of the storage of these chemicals at the community, and a written emergency plan if the chemicals leak into the atmosphere or on an individual, just to name a few of the requirements.


3. and 4. are the crux of the matter

EITHER:

properly maintain manually

or

properly maintain automatically

CHOICE:

ongoing labor cost

or

equipment cost

POOLS ARE EXPENSIVE ~ GET OVER IT
DouglasM6 (Arizona)
Posts: 724
Posted:
We have an automatic feeder on our pool for the chlorine. It's simple and works great. It's an erosion feeder. I believe it holds 24 tablets, but not sure.

Point is, don't fear change. Don't fear technological advances.
MichaelB44 (California)
Posts: 33
Posted:
In California, HOA pools are *public* so double check your state's laws before concluding this legislation changes your pool's status.

We already have to maintain automated systems and they can be as simple as a pentair 320 trichlor chamber. It's basically a chamber that you fill with 3" tabs and they drip feed chlorine into the pool. Some pools supplement with a SWG (salt water generator), but I can't get clarification from the health department why I'd still have to maintain the automatic feeder if we installed an SWG. You may already have an automatic system but not realize it. The only other way you'd be chlorinating your pool would be floating skimmers or leaving tabs in the pump basket--both being unreliable and would be a lot more maintenance.

Here in California, we only have to test three times if we have 25+ units. Since the HOA I'm in only has 21 we test twice weekly.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks for the reminder & correction re: CA & "public" pools, Michael44.

It's important to keep different states' laws distinct from one another.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 06/18/2017 9:38 PM
The real name of the legislation is Davis-Stirling. It ONLY applies to CA. I'm baffled why you keep referring to it as if it applies to NV and maybe other states. Not true.

Because everything the DPRC does Nevada has to do, and besides, our CM has quoted from that and the Plaza Mobile Estates regarding our community regs.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 06/19/2017 8:06 AM
I read this as JohnC does. It refers to venues, " where the general public is exposed to water intended for recreational or therapeutic purpose."

HOA pools are private.

Venue is broadly defined in the NRS just like the city of Independence Ohio charges a 4% entertainment tax on bowling. The Legislature may need to step in a fix something.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By JanetB2 on 06/19/2017 12:32 AM
Also ... Did you just happen upon this info OR was your HOA informed because you have a pool?

The SNHD tried to hurry the passage up last year, but someone in attendance took a stand, most likely from the resort industry.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MichaelB44 on 06/19/2017 10:32 AM
In California, HOA pools are *public* so double check your state's laws before concluding this legislation changes your pool's status.

We already have to maintain automated systems and they can be as simple as a pentair 320 trichlor chamber. It's basically a chamber that you fill with 3" tabs and they drip feed chlorine into the pool. Some pools supplement with a SWG (salt water generator), but I can't get clarification from the health department why I'd still have to maintain the automatic feeder if we installed an SWG. You may already have an automatic system but not realize it. The only other way you'd be chlorinating your pool would be floating skimmers or leaving tabs in the pump basket--both being unreliable and would be a lot more maintenance.

Here in California, we only have to test three times if we have 25+ units. Since the HOA I'm in only has 21 we test twice weekly.

I frequent the pool area and I can tell you there are no automatic feeders, everything is done manually. Our BOD changed pool services last year and I have never seen them use chlorine only soda ash aka baking soda. We have had people put bubble bath soap and laundry detergent in the hot tub and I don't think that the water gets changed after. I have complained to the SNHD and I have even taken my own water samples to Leslie's Pool store. I have found high Ph, high prosperous and no chlorine but still nobody cares and this goes on.
KerryL1 (California)
Posts: 14,550
Posted:
LetA, you wrote in reference to CA's Davis-Stirling legislation that, "Because everything the DPRC does Nevada has to do, and besides, our CM has quoted from that and the Plaza Mobile Estates regarding our community regs."

What is DPRC???
MichaelB44 (California)
Posts: 33
Posted:
It's a slang term for California to make our state's name sound like a "communist" (they mean totalitarian) regime.

In any case, if your pool is having all those issues then the first thing you need to do is find out if it's private or public. If it's public, file a complaint with the health department.

Regardless, if these kinds of things are occurring in your Association then I think you should either run for a Board position, volunteer for a pool monitoring position, and/or support someone else who is willing and able to do so.
RichardP13 (California)
Posts: 3,868
Posted:
Disability Programs and Resource Center (DPRC)
MichaelB44 (California)
Posts: 33
Posted:
In the context of those posts, I thought it stood for "Democratic People's Republic of California" (or Kalifornia, as some use it like North Korea's DRPK).
KerryL1 (California)
Posts: 14,550
Posted:

Thanks, Richard for your: "Disability Programs and Resource Center (DPRC)." So does it apply to CA and how does it affect swimming pools?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our pools here are monitored by the county. They control ALL the pools in the county. Which means they are extremely short handed. They basically go by reports or spot inspections. Many pools don't get inspected for years. Think ours got inspected only because someone reported getting an eye infection when wearing their contacts in the pool. (They forgot to take them out). My neighbor next door got inspected because it was green and attracting mosquitos.

With that said, we still had a pool person who kept up with the rules/regulations. Any changes would be addressed when necessary and voted on. If you want to have a pool, it's just another one of those expenses you incur when owning a pool. No one likes it.

Former HOA President
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By KerryL1 on 06/19/2017 8:06 AM
"

HOA pools are private.

HOA pools are semi-public, not private. At least that's how they are defined here in Az.
GenoS (Florida)
Posts: 4,276
Posted:
In Florida, association pools fall under the regs for "public pools" even though they're not open to the public. There are some exceptions but only in specific circumstances.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In SC a pool in an association is considered private thus not under regulations such as a pool open to the public is. Now I do assume the Board of Health could close it down but otherwise it is up to the association to maintain it. Having lived in several associations in 4 states, one reason I chose my present association is we have no amenities such as pool. tennis. etc. Amenities are always the biggest money drain and the main reason for dissension, especially pools.
KerryL1 (California)
Posts: 14,550
Posted:
Thank you, Douglas. Michael44 corrected me above
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 06/19/2017 3:18 PM

Thanks, Richard for your: "Disability Programs and Resource Center (DPRC)." So does it apply to CA and how does it affect swimming pools?

No
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By KerryL1 on 06/19/2017 2:00 PM
LetA, you wrote in reference to CA's Davis-Stirling legislation that, "Because everything the DPRC does Nevada has to do, and besides, our CM has quoted from that and the Plaza Mobile Estates regarding our community regs."

What is DPRC???

DPRC Democratic Peoples Republic of California
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MichaelB44 on 06/19/2017 2:08 PM
It's a slang term for California to make our state's name sound like a "communist" (they mean totalitarian) regime.

In any case, if your pool is having all those issues then the first thing you need to do is find out if it's private or public. If it's public, file a complaint with the health department.

Regardless, if these kinds of things are occurring in your Association then I think you should either run for a Board position, volunteer for a pool monitoring position, and/or support someone else who is willing and able to do so.

I have thought about running for a BOD spot and our HOA does not have any committees at all. One reoccurring problem we are having is the pool servicing company keeps over filling the hot tub. A.) The water line is half as thick as the concrete slab around the hot tub and B.) that water is going to go under the slab and lift it. C.) when 3 people sit in the tub it overflows. This is like the 4th or 5th time this has happened and it takes 2 or 3 days to get fixed only for it to happen again and again, I am getting tired of reporting it.

It is like the pool servicing company is hiring some mouth breather that don't know jack. This is where I would support individual certification by the health district.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By LetA on 06/20/2017 8:09 AM
Posted By KerryL1 on 06/19/2017 2:00 PM
LetA, you wrote in reference to CA's Davis-Stirling legislation that, "Because everything the DPRC does Nevada has to do, and besides, our CM has quoted from that and the Plaza Mobile Estates regarding our community regs."

What is DPRC???


DPRC Democratic Peoples Republic of California

We even have our own anthem...https://www.youtube.com/watch?v=zRC3eKuTFkw
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By KerryL1 on 06/19/2017 4:40 PM
Thank you, Douglas. Michael44 corrected me above

I saw the correction, but my point is there are three types of pools. Everyone keeps mentioning public and private. The third is semi-public. I can't speak for the Democratic Peoples Republic of Communistic Totalitarian California, but in AZ, (the wild west) the rules are different for HOA pools as they are considered semi-public.

It's a pain in the ass, but after reading through the rules for public pools, I'm glad we are semi. Our pool is also on a county island.
KerryL1 (California)
Posts: 14,550
Posted:
It's been sooooo long since I'd heard DPRC that I'd completely forgotten about it. I remember it from long ago--1980s? Thought folks were over it....30 years later??!! Lived in San Cruz for many years, which, according to some is the pinko commie capital of the USA. But it seems to do OK for itself.

But, LetA, you're wrong that NV must adhere to CA HOA laws. Don't care what your CM says. You may very well have some legislation that's the same as CA, though.

As other have said, LetA, you must find likeminded Owners and turn your HOA around. Complaining to us about pools and tenants, etc. will not help you.

AZ also has a lot of legislation that's similar to CA but it's AZ materials, not CA materials.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By KerryL1 on 06/20/2017 11:25 AM

AZ also has a lot of legislation that's similar to CA but it's AZ materials, not CA materials.

Agree ... each State is different.
JanetB2 (Colorado)
Posts: 4,219
Posted:
This is why we like to know which state each OP is from. What is good in one state does not translate to another.
PitA
Posts: 1,416
Posted:
In South Carolina an association pool is classified Type 'B' Public.

The gist of the logic:

Members of the public who are NOT homeowners within the HOA may be invited as guests.

A private club with no guest users would be 'private pool'.

A single family residence with its own pool would be 'private pool'.

Actually quite simple and TYPICAL for most states (albeit with different nomenclature).
GenoS (Florida)
Posts: 4,276
Posted:
Also in Florida, condominiums and co-ops are exempt from the public swimming pool regulations. HOAs are not. Another example of how HOA and condo laws and regulations in Florida are very similar in many respects, but there are still significant differences between them.

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