The addition of a BBQ grill on a pool deck is regulated under NAC 444.280, 288, 536 (spas) as areas specifically approved for food on pool decks.

NAC 444.280, paragraph 5, states that “…Except as otherwise provided in NAC 444.288, eating, drinking and smoking within the pool enclosure are prohibited.” Paragraph 6 states “… Bringing or throwing into the water or onto walkways any objects that may in any way carry contamination, endanger safety of bathers or produce unsightliness must be prohibited.” (bold italics added).

NAC 444.288 states that “…Food or drinks are not permitted in a public bathing or swimming facility, except in the visitor area or in areas which have been approved by the health authority for food or drinks.”

NAC 444.536 states that “…Spaces used by visitors and spectators must be separated from spaces used by bathers…Food or drink must not be permitted in the immediate area of the spa or on the deck which surrounds it.”

NAC 444.416 defines the “Wet deck area” as the “…4-foot-wide unobstructed area outside a spa’s or pool’s water perimeter, curb, diving boards, diving towers or pool sides.”

NAC 444.134 states that “… A deck may be obstructed for a distance equal to not more than 10 percent of the perimeter of the pool if:

1. The design of the obstruction does not endanger the health or safety of persons using the pool;
2. An unobstructed area of deck not less than 4 feet wide is provided around or through the obstruction not more than 15 feet (4.55 meters) from the edge of the pool; and
3. Written approval for the obstruction is obtained from the health authority before construction or installation of the obstruction.

2. The paved area of the deck must extend not less than 4 feet (1.2 meters) from both sides and rear of any diving board or its appurtenances.

Based on the language used, it is clear that the intent of the regulation is to create a separate and distinct area that would separate the “bather” area from the “spectator”, “visitor” or “food” area.

1. The “BBQ” area must never intrude into the 4’ wet deck area. This includes any standing or sitting area around the BBQ intended for persons attending the BBQ.
2. The “BBQ” area cannot constitute a deck obstruction as provided for in NAC 444.134.
3. If a “food area” (BBQ) is placed within the pool barrier, a sign with the following suggested language is required: “Glass Containers are prohibited within the Pool & Spa Areas. No Eating or Drinking within 4 feet of the Pool or Spa.”
4. Ideally, the “BBQ” area should be placed as far from the wet deck as possible, and should ideally be in some way isolated from the main pool deck. This can be accomplished using a decorative barrier, raised deck area, deck coloring, fixed deck furniture, or some other means to create a separation between the food area and the deck area as envisioned in NAC 444.536. This should be applied to all new construction.
5. For existing construction, follow items 1 & 2. BBQ must be for customer use only. Operator use refer to Food PR.

NAC 444.134 Decks. (NRS 439.200, 444.070)

1. Except as otherwise provided in this subsection and in NAC 444.196 and 444.1995, a clear, unobstructed deck must be provided around the entire perimeter of a pool. In no case may the width of the deck be less than 4 feet (1.2 meters). A deck may be obstructed for a distance equal to not more than 10 percent of the perimeter of the pool if:
   1. The design of the obstruction does not endanger the health or safety of persons using the pool;
   2. An unobstructed area of deck not less than 4 feet wide is provided around or through the obstruction not more than 15 feet (4.55 meters) from the edge of the pool; and
   3. Written approval for the obstruction is obtained from the health authority before construction or installation of the obstruction.
2. The paved area of the deck must extend not less than 4 feet (1.2 meters) from both sides and rear of any diving board or its appurtenances.

NAC 444.1974 Water slides: Posting notice of prohibited conduct. (NRS 439.200, 444.070) The operator of a water slide shall post one or more warning signs at the entrance to the facility. Each sign must state that the following types of conduct are prohibited within the facility:

1. Running, standing, kneeling, rotating, tumbling or stopping in any flume or tunnel.
2. Horseplay.
3. Diving or flipping while exiting from a flume.
4. Use of the slide while under the influence of alcohol or drugs.
5. Use of a flume by more than one person at a time.
6. Failure to obey the instructions of the top pool supervisor or the lifeguard.
7. Failure to keep hands inside the flume while using the slide.
8. Failure to leave the landing pool promptly after exiting from the slide.
9. The possession of any glass, bottle or food in or near any pool.
10. Entry into an area of grass or other vegetation.
11. The possession of any toy or can.
12. The use of any clothing on the slide other than the usual swimwear.
13. Wearing any comb, bracelet, watch or other jewelry.
14. Failure to shower before using the slide. (Added to NAC by Bd. of Health, eff. 11-1-88)

NAC 444.280 Bathers: Requirements; prohibitions. (NRS 439.200, 444.070)

1. All bathers at a public bathing or swimming facility shall take a cleansing shower using warm water and soap and shall thoroughly rinse off all soap suds before entering or reentering the pool enclosure.
2. Persons not dressed for bathing must not be allowed in the pool.
3. Persons suffering from colds, fever, coughs, sore or inflamed eyes, any skin disease or any communicable disease or open sores or bandages must be excluded from the facility.
4. Spitting, soiling, or in any way contaminating the water, walkways, or dressing room floors in the facility must be prohibited.
5. Except as otherwise provided in NAC 444.288, eating, drinking and smoking within the pool enclosure are prohibited.
6. Bringing or throwing into the water or onto walkways any objects that may in any way carry contamination, endanger safety of bathers or produce unsightliness must be prohibited.
7. No boisterous or rough play may be permitted in the water, on the walkways, diving boards, floors or platforms, or in the dressing rooms or showers.
8. Persons under the influence of liquor must not be permitted in or about the facility.
9. Public bathing or swimming facilities are for use of people only; animals must be excluded from the pool and enclosure.

[Bd. of Health, Public Bathing Places Reg. Art. 39 §§ 39.1-39.6, 39.8 & 39.9, eff. 5-21-74]—(NAC A 11-1-88)

NAC 444.288 Food and drinks. (NRS 439.200, 444.070) Food or drinks are not permitted in a public bathing or swimming facility, except in the visitor area or in areas which have been approved by the health authority for food or drinks.

[Bd. of Health, Public Bathing Places Reg. Art. 40, eff. 5-21-74]—(NAC A 9-17-82; 11-1-88)

NAC 444.416 “Wet deck area” defined. (NRS 439.200, 444.070) “Wet deck area” means the 4-foot-wide unobstructed area outside a spa’s or pool’s water perimeter, curb, diving boards, diving towers or pool sides.

NAC 444.536 Visitor and spectator areas; food and drink. (NRS 439.200,
444.070)

1. Spaces used by visitors and spectators must be separated from spaces used by bathers.
2. Food or drink must not be permitted in the immediate area of the spa or on the deck which surrounds it.

[Bd. of Health, Public Spa Reg. Art. 16, eff. 11-27-79]