After hearing an appeal by Las Vegas Athletic Clubs (LVAC), the Southern Nevada Health District issued an order today upholding its decision to revoke a variance that allowed LVAC to monitor pool users via video camera in lieu of an in-person lifeguard. An important factor in the Health District’s decision was video showing an incident in February 2024 in which an LVAC customer died in one of its indoor pool facilities. The Health District order provides a timeline for the incident showing a person in distress for approximately twenty minutes, without a response from LVAC.

LVAC received a variance in 2020, and several other gyms subsequently applied for and received similar waivers that allowed pool user monitoring through a video feed instead of a pool-side lifeguard. In subsequent inspections over the next four years, the Health District determined these waivers were not adequate to ensure the facilities were protecting the public after two serious incidents occurred, including the death, and repeated failures by facilities to meet the requirements of the variance. Since the lifeguard exemption for gyms was granted in 2020, there have been 29 pool closures at 21 locations due to failures to comply with requirements. Specific safety plan requirements that were not met included failing to provide active remote monitoring of the pool area and documented walk-throughs of the pool area by facility staff.

The Health District’s Aquatic Facility Regulations were enacted by the Southern Nevada District Board of Health in 2018 after four years of extensive public workshops to solicit input from stakeholders and the public. Following approval of the regulations, Health District staff provided training during a one-year implementation period at industry outreach meetings and made the training available online.

The regulations are based on the Centers for Disease Control and Prevention’s Model Pool Code and Nevada Administrative Code. The Health District’s regulations are posted on its website at www.southernnevadahealthdistrict.org/permits-and-regulations/aquatic-health-program/regulations/, and the CDC Model Aquatic Health Code is available at www.cdc.gov/model-aquatic-health-code/php/about/index.html.

Following the Health District’s action, several gym pools affected by the revocation have resumed operations under a lifeguard plan approved by the Aquatic Health Program or have lifeguard plans under review, including the following locations:

EōS Fitness

3325 E. Russell Rd., Las Vegas, NV 89120

8125 W. Sahara Ave. Ste. 100, Las Vegas, NV 89117

4520 N. Scott Robinson Blvd., North Las Vegas, NV 89031

3511 St. Rose Pkwy., Henderson, NV 89052

UFC FIT (pending approval)

5651 Centennial Center Blvd, Las Vegas, NV 89149