CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
If your community has a pool and the pool is closed from dusk until dawn, does that include the pool deck as well?
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Pool and Pool Deck
Started by CatherineS4 • 20 replies • 318 views
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KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Call your county's pool inspector and they'll tell you.
In North Carolina, my HOA cannot separate the immediate pool deck from the pool itself when determining hours of operation.
In North Carolina, my HOA cannot separate the immediate pool deck from the pool itself when determining hours of operation.
CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
Thank you.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By CatherineS4 on 09/16/2022 3:43 PM
If your community has a pool and the pool is closed from dusk until dawn, does that include the pool deck as well?
If your community has a pool and the pool is closed from dusk until dawn, does that include the pool deck as well?
If the pool and the deck are behind an enclosed fence then my opinion is the deck is off limits. There would be no possible way to stop people from using the pool and you know they would. We had a fence and still had problems with people climbing over it and having a party in the middle of the night. We also had several incidents where they threw beer bottles and pool furniture into the pool.
DavidG45 (Delaware)
Posts: 994
Posts: 994
Posted:
Yes, one in the same.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Agree with others. But is there a reason you didn't try form an answer form you property manager or Board?
CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
I did ask the property manager and she stated that they were separate even though it is fenced and the pool deck is part of the pool area. I plan on checking with our county health department on Monday too. I found this information out late this afternoon,because they are having a poolside event after dusk and I asked how they would enforce people not to swim in the pool if the pool deck is open for this event.
CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
I did ask the property manager and she stated that they were separate even though it is fenced and the pool deck is part of the pool area. I plan on checking with our county health department on Monday too. I found this information out late this afternoon,because they are having a poolside event after dusk and I asked how they would enforce people not to swim in the pool if the pool deck is open for this event.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By CatherineS4 on 09/16/2022 4:33 PM
I did ask the property manager and she stated that they were separate even though it is fenced and the pool deck is part of the pool area. I plan on checking with our county health department on Monday too. I found this information out late this afternoon,because they are having a poolside event after dusk and I asked how they would enforce people not to swim in the pool if the pool deck is open for this event.
I did ask the property manager and she stated that they were separate even though it is fenced and the pool deck is part of the pool area. I plan on checking with our county health department on Monday too. I found this information out late this afternoon,because they are having a poolside event after dusk and I asked how they would enforce people not to swim in the pool if the pool deck is open for this event.
I for one don't understand why the county health department would get involved in this when the HOA rules forbid access.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Has nothing to do with the county, but with your Board's instructions to the PM. What does the written rule say about pool usage, by the way?
CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
KerryL1, I see your from California. I'm in Florida where the county DOH oversees any public pool for the health and safety of our residents. Not sure why you want to argue with me. Have a good day.
DavidG45 (Delaware)
Posts: 994
Posts: 994
Posted:
Quote:
Posted By CatherineS4 on 09/17/2022 8:08 AM
KerryL1, I see your from California. I'm in Florida where the county DOH oversees any public pool for the health and safety of our residents. Not sure why you want to argue with me. Have a good day.
KerryL1, I see your from California. I'm in Florida where the county DOH oversees any public pool for the health and safety of our residents. Not sure why you want to argue with me. Have a good day.
Our HOA pools are considered private, not public. I agree with others that it really comes down to your published rules.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Our pool is open dawn to dusk and while our clubhouse is open from 5am to 11pm, the pool deck is not open when the pool is closed. How would you stop someone from swimming after dark if the pool deck is open but the pool is closed? Also, noise might be an issue.
Also, Catherine was right. In Florida, the HOA pool is private but has to be inspected by the state DOH. You can even find the reports online at their site. It makes no sense but that's the way it is.
Also, Catherine was right. In Florida, the HOA pool is private but has to be inspected by the state DOH. You can even find the reports online at their site. It makes no sense but that's the way it is.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
But I was only wondering if the DOH can specify hours that pools can be open?
Our local DOH has certain authority over our pool too, e.g., if one after dark there must be light on inside the pool & lots more. e.g., required signage.
Our local DOH has certain authority over our pool too, e.g., if one after dark there must be light on inside the pool & lots more. e.g., required signage.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Quote:
Posted By KerryL1 on 09/17/2022 10:21 AM
But I was only wondering if the DOH can specify hours that pools can be open?
Our local DOH has certain authority over our pool too, e.g., if one after dark there must be light on inside the pool & lots more. e.g., required signage.
But I was only wondering if the DOH can specify hours that pools can be open?
Our local DOH has certain authority over our pool too, e.g., if one after dark there must be light on inside the pool & lots more. e.g., required signage.
Yes, the HOA can dictate operations hours
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Well, our HOA dictates pool hours, Kelly. But my curiosity is whether the DOH can? And whether the DOH can say that the pool deck must be closed if the pool is. Or? these don' seem to be health issues.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Quote:
Posted By KerryL1 on 09/17/2022 5:39 PM
Well, our HOA dictates pool hours, Kelly. But my curiosity is whether the DOH can? And whether the DOH can say that the pool deck must be closed if the pool is. Or? these don' seem to be health issues.
Well, our HOA dictates pool hours, Kelly. But my curiosity is whether the DOH can? And whether the DOH can say that the pool deck must be closed if the pool is. Or? these don' seem to be health issues.
Call your county inspector and inquire about your local rules.
CatherineS4 (Florida)
Posts: 6
Posts: 6
Posted:
Thank you all, but I know for a fact that the DOH regulates any public pool (community pools are considered public)in Florida.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By CatherineS4 on 09/19/2022 5:27 AM
Thank you all, but I know for a fact that the DOH regulates any public pool (community pools are considered public)in Florida.
Thank you all, but I know for a fact that the DOH regulates any public pool (community pools are considered public)in Florida.
https://www.floridahealth.gov/environmental-health/swimming-pools/index.html#:~:text=There%20are%20no%20required%20hours,professional%20conducts%20a%20field%20test.
What determines when public swimming pools can remain open?
Pool owners choose when their pools can be used. There are no required hours that a public swimming pool must be open. However, it cannot be open at night unless the pool and pool deck have proper lighting for the safety of patrons. The lighting above and below water must be approved by the local building department after a professional conducts a field test. Then, "night swimming approved" will be noted on the pool permit. State code defines night swimming as 30 minutes before sunset to 30 minutes after sunrise.
Pool hours must be posted on the rules sign.
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
I think the question is this.... "Can an HOA close its pool but keep the immediate pool deck surrounding it open for usage?"
I know we couldn't split pool operations like that here in my state. It's either we operate the pool with full chemical checks year-round or close it (because 12 month pool deck usage would be nice).
I know we couldn't split pool operations like that here in my state. It's either we operate the pool with full chemical checks year-round or close it (because 12 month pool deck usage would be nice).
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By KellyM3 on 09/19/2022 3:19 PM
I think the question is this.... "Can an HOA close its pool but keep the immediate pool deck surrounding it open for usage?"
I know we couldn't split pool operations like that here in my state. It's either we operate the pool with full chemical checks year-round or close it (because 12 month pool deck usage would be nice).
I think the question is this.... "Can an HOA close its pool but keep the immediate pool deck surrounding it open for usage?"
I know we couldn't split pool operations like that here in my state. It's either we operate the pool with full chemical checks year-round or close it (because 12 month pool deck usage would be nice).
The OP said the deck and the pool are behind a fence. They are simply closing it from dusk to dawn and based on the previous link that I provided my take is they have every right to do this since it says there are no required hours. In addition, if they don't have the lighting above and below the water they can't keep it open anyway.
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