Las Vegas Athletic Club asks judge for clarification on lifeguard requirements

The Las Vegas Athletic Club is asking a judge for clarification surrounding lifeguard requirements at their locations across the valley.

Last month, the LVAC sued the Southern Nevada Health District after the district revoked a waiver that allowed LVAC to operate pools without an in-person lifeguard. Instead, gym staff were allowed to use video cameras to monitor pools.

WATCH: Some gym pools could be at risk of closing if they don't follow SNHD regulations

The lifeguard waiver was originally granted to LVAC in 2020 and other gyms in the valley were granted similar exceptions. However, after four years of inspections, the health district says it determined those "waivers were not adequate to ensure the facilities were protecting the public."

One important factor in that decision was the death of a customer at an LVAC pool near Decatur and the 215 on Feb. 4. Video reviewed by the district showed the person was "in distress for approximately 20 minutes, without a response from the LVAC."

In a new court filing this week, LVAC lawyers argue "LVAC's operations do not fall within the rubric of 'public' swimming pools and it would cost an additional $4 million per year in labor to staff lifeguards at its facilities.

New documents filed by the LVAC on Monday also state that LVAC is a private club and, in 46 years of operations in Nevada, was never required to have a lifeguard for any of its facilities.

"LVAC's operations do not fall within the rubric of 'public' swimming pools," LVAC lawyers stated.

Nevada law defines a public swimming pool as "any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use," according to the filing.

LVAC has proposed two separate plans that would include "remedial measures to ensure properly trained lifeguards with time to devote to the pool surveillance are overseeing the pools."

Channel 13 reached out to SNHD about the lawsuit. We were told the district does not comment on pending litigation.

As for the new lifeguard requirements, they are scheduled to take effect on Aug. 12.