DHEC says our pool cannot be open past sunset

Cheryl,

Can you link to the portion of SCDHEC that says this?

I'm surprised the lighting rule was not grandfathered for pools built before it took place. Is there a way to add the required lighting? However, your question is, if the Board ignores a law and if someone get hurt because the Board choose to ignore the rule, can the board be held personally liable. The answer has to be yes. The board members did not make a mistake they made a willful decision to ignore the code. It is one thing to not know what the code requires quite another to not care what the code requires.

The Association can be held liable if someone is injured, regardless of the time of day/night.

If the Board knowingly violates statutes and doesn't have the proper safety gear, lighting or has the pool open longer then it should, it's likely that if someone is injured, the insurance company won't cover and the Association (i.e. the membership) will have to pony up for the legal defense and any judgements or settlement. Translation - special assessments, possible receivership, potential bankruptcy.

If this happens, a member or two might attempt to pierce the corporate shield and go after you individually.

If you want to minimize such actions, comply with statutes/regs/etc.

If you want a true legal opinion, pony up and ask an attorney what the risk would be.

Sure they can.

Look at safety features in cars, building codes, etc.

In this case, the State/County addressed it by requiring the facility to be closed at dusk vs. requiring everyone to get lighting.

Since most people here aren't attorneys, you're better off asking your association attorney or master insurance carrier. The answer could depend on how the person was injured (suppose it was someone who doesn't live in the community and broke a lock to get to the pool?)

As a practical matter, if the law states the pool must close at sunset, then close it. It's also highly inappropriate that any board member would suggest "ignoring" that law or any other statute. I hope someone called him or her out on that idiot way of thinking. That behavior is why a lot of HOA boards get into trouble.....

Regualtion 61-51. Section C. Item 31.
31. Electrical and Illumination Requirements. Artificial lighting must be provided at all public swimming pools which are to be used at night or which do not have adequate natural lighting so that all portions of the pool, including the bottom, may be readily seen without glare.
(a) Underwater Lighting. Where underwater lighting is used, not less than 0.5 watts of incandescent lighting or 8.35 lumens must be provided per square foot of pool area. An adequate number of lights must be used and properly positioned so that all portions of the pool are clearly visible to an observer on the pool deck. Fiberoptic lighting may only be installed as a supplement to the minimum lighting requirements outlined above. Colored lights that do not provide for an equivalent light output to the wattage or lumens noted above for clear lights cannot be used.
(b) Area Lighting. Where underwater lighting is used, uniform area lighting must be provided for the deck area and directed toward the deck area and away from the pool surface insofar as practical. Illumination of the pool deck surface must be at least ten (10) foot candles of intensity, or not less than 0.6 watts of incandescent light or 10 lumens per square foot. Where underwater lighting is not used and night swimming is permitted, uniform area lighting must be provided in an amount of not less than thirty-two (32) foot candles of intensity, or not less than two 2 watts of incandescent light or 33.5 lumens per square foot of pool area in addition to 0.6 watts of incandescent light or ten (10) foot candles of intensity per square foot of deck area. These lights must be placed around the pool area such that all sections and depths of the pool are clearly visible at all times. Light fixtures located within the pool area must be protected by a non-breakable lens.
(c) Overhead Conductors, Wiring and Lights.
(i) Overhead conductors and wiring not in conduit must not pass within an area extending a distance of twenty (20) feet horizontally away from the inside edge of the pool walls, diving structures, observation stands, towers, or platforms. No pool can be constructed under an existing utility owned supply conductor in accordance with the current edition of the National Electrical Safety Code.
(ii) There shall be no light fixtures or conductor splices directly above the water surface at any outdoor pool. Indoor pools must comply with the same restriction except that light fixtures protected by a non-breakable lens are allowed.
(d) Wiring and grounding for lights and all electrical power for swimming pool equipment must conform to the codes of the current edition of the National Fire Protection Association (NFPA) National Electric Code. All electrical circuits within the pool area including all accessory equipment, electric drinking water fountains, and bathhouse/minimum toilet facility receptacles are required to meet the current edition of the NFPA National Electric Code; provided, however, all such circuits shall have ground fault protection regardless of their proximity to the pool. Exceptions may be granted for lighting and fixtures that are twenty-five (25) feet or more above the pool deck and would not pose a risk of electrocution. Junction boxes must be above the pool water level and must not be a trip hazard.

If your facility would like to become permitted for night swimming the Department would require the submission of a change order request form (attached) and an area lighting plan showing the lights on site and the illumination provided by them so that we may review it for compliance with the above portion of the regulations. Once approved and the lights are installed the permit will be amended to show that night swimming is permitted and as long as the lights are on the pool may remain open at night. If you have any further questions or concerns please feel free to contact me by phone at 803-898-4255 or by email at [email protected].

I am looking at https://www.scdhec.gov/sites/default/files/media/document/R.61-51.pdf. It appears to reflect the status of the regs as of 2014. Regulation 61-51 Section C. 1. Applicability states:

"C. GENERAL CONSTRUCTION REQUIREMENTS FOR ALL PUBLIC SWIMMING POOLS
1. Applicability. Requirements of this section are applicable to all new construction and alterations of existing public swimming pools. All work must be performed in accordance with good engineering practice and recognized industry standards."

First, if one looks at the definition of "public swimming pools" in the document I linked above, it looks like his HOA/COA's pool falls under the definition of a "public swimming pool." Second, is this a new construction pool? It sounds like it is not. Have alterations been done? "Alteration" is also defined in the above document.

CherylH12, if you think the reg is not applicable to your HOA/COA's pool, call or email the division and ask, politely citing the "applicability" section.

I may have missed a response - does anyone know what DHEC rule says?

Everyone is commenting based on the initial post?

Yep, people like that need to be replaced.

Does the pool itself have lights underwater? Ask a DHEC to send an inspector for guidance. Our pool has underwater lights, three lights on the soffit of the building facing the pool and a light above each bathroom door.
I would ask your governing inspector for guidance.. If you have to install pole lighting around the deck, solar lights are relatively inexpensive and less invasive of digging and trenching electric wires.