Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools [12 VAC 5 ‑ 460]
Action Amend Regulations as a Result of Periodic Review
Comment Period Ended on 10/26/2022
Next Comment     Back to List of Comments
10/25/22  3:30 pm
Commenter: Justin Vermuth, American Resort Development Association

Comments on Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools

On behalf of the American Resort Development Association (ARDA) and the American Resort Development Association – Resort Owners Coalition (ARDA-ROC), I write to offer comments in relation to the Notice of Intended Regulatory Action (NOIRA) regarding Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools [12 VAC 5-460].


If the Department decides to proceed with rulemaking concerning tourist establishment swimming pools, the proposed regulations should not include a requirement that a lifeguard be present at such a facility. Moreover, any proposed regulations should not require significant retrofitting of existing facilities for any other changes the Department may contemplate, nor should it dramatically increase the cost of operating or developing a tourist establishment in the Commonwealth.


A timeshare resort is a unique form of tourist establishment. Timeshare resorts are managed by a resort association consisting of timeshare owners. Some associations self-manage, and others hire a management firm. Its owners bear the maintenance costs for maintaining the resort. Anything that increases the cost of operating and maintaining a timeshare resort increases the financial obligation of those timeshare owners.  


Some timeshare resorts rent vacant rooms to the public for short-term stays. Like a hotel, the rental of a room usually entitles the occupant use of the common facilities at the resort. Also, like a hotel, timeshare resorts most often do not offer a lifeguard at the resort’s swimming pool.


Any mandate requiring a lifeguard to be on duty during proscribed hours and/or not allowing the use of a pool without a lifeguard on duty will have a significant adverse effect on timeshare resorts, individual timeshare owners, and other tourist establishments. There is a nationwide shortage of lifeguards and other service industry workers. A personnel mandate is not merited and should not be included in any draft regulations the Department may develop.  


I appreciate your consideration of these comments on behalf of timeshare owners and developers in Virginia. 

CommentID: 196796