Under the updated Safer at Home Order issued by the Colorado Department of Public Health and Environment (“CDPHE”), which became effective May 26, 2020 and expires June 1, 2020, pools should still remain closed with one exception: personal training. Here’s a quick look at the relevant language of the Order:
- Section III.A.3 of the Order still provides “all playgrounds, picnic areas, other similar areas conducive to public gathering, and attended areas shall be closed.” Pools are typically “areas conducive to public gathering”.
- Section I.H of the Order further provides: “…pools except for use for personal training, amusement parks and arcades remain closed. Personal training and classes in indoor settings are limited to all members of a single household or a mixed group of 4 or fewer individuals complying with Social Distancing Requirements;…”
- Section II.A of the Order requires any “Gym” (which is defined in Section III.F as including pools), except for the limited purpose authorized in Section I.H, to “remain closed to ingress, egress, use, and occupancy by members of the public.” However, this section only applies to Gyms that are “places of public accommodation,” such as in condo hotels or other associations that allow their amenities to be used by the general public.
Finally, while none of the above sections of the Order discusses HOA pools, the FAQs issued by the CDPHE expressly include HOA pools. Under the Local and Personal Recreation section of the FAQs, the 1st question is: “Are swimming pools allowed to be open (indoor or outdoor public pools, HOA-and apartment-pools, and gym pools)?” And, the answer remains: “No.”
What does all of the above mean? Don’t open your pools yet. The only exception is for personal training. If you choose to open for personal training and your pool is an indoor pool, limit the personal training to all members of a single household or a mixed group of 4 or fewer individuals complying with the Social Distancing Requirements, as defined in the Order. As far as opening the pool to the community as a whole, let’s wait and see what happens on June 1.
Last but not least, if and when you do open the pool in any capacity you must be capable of meeting the social distancing protocols and other conditions provided under the updated Order. If you don’t have the ability, don’t open the facility! So get your post-pandemic playbook on pools ready today!
If you have questions on the above, please contact any of the Altitude Community Lawyers at 303.432.9999.