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.