File #: 23-0266    Version: 1 Name: Swimming Pools Code Amendment
Type: Ordinance-Coded Status: Passed
File created: 8/31/2023 In control: City Council Legislative Session
On agenda: 9/13/2023 Final action: 9/13/2023
Title: Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 36, Swimming Pools, Article I, In General, Sec. 36-1 and Sec 36-10 to Waive the Requirement for Health Clubs to have Lifeguards on Duty Under Certain Circumstances.
Indexes: DO NOT USE - 21 - Routine Administrative
Attachments: 1. Redline
Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 36, Swimming Pools, Article I, In General, Sec. 36-1 and Sec 36-10 to Waive the Requirement for Health Clubs to have Lifeguards on Duty Under Certain Circumstances.


Purpose
PURPOSE/BACKGROUND:
It has come to staff's attention, that the City's Swimming Pools Ordinance, specifically the requirement for lifeguards, is out of line with the other localities in the region. No other locality in our region requires health clubs (also known as fitness clubs) to have a lifeguard on duty at all times for pools that are open to their membership and also meet the following limitations: less than 2,000 sq. ft. of water surface, a maximum depth of five feet, is only open to patrons 18 years of age or older, and has appropriate signage. The proposed ordinance would bring the City's ordinance in line with every other locality in our region. Dr. Dwamena and her staff at the Health Department are in agreement with this amendment.

Recommendation:
Rec
Approve the amendment.

Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section 36-1 and Section 36-10 of Article I, Chapter 36 of the City Code of the City of Hampton, Virginia be amended to read as follows:

Chapter 36 - SWIMMING POOLS
Article I - IN GENERAL

Sec. 36-1. - Definitions.

. . .

Health club. Any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices.

. . .

Sec. 36-10. - Lifeguards.

(a) The operator or manager of any public swimming pool two thousand (2,000) square feet or more in area shall have on duty and within the pool area at all times while the pool is in use, at least one (1) person who shall posses...

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