Ready for the New Pool Codes?

Amenendments to the Illinois Swimming Pool and Bathing Beach Code are expected to take effect at the end of May, just before pools open at park districts across the state. The changes will have significant legal implications. Is your aquatics operation aware and ready to comply?

What follows is a brief history behind the "changing of the code" and a quick heads-up on the amendments that will affect your agency this summer and for years to come.

Why Change the Pool Code?

Aquatic facility design and operations have changed significantly over the past 15 years. Rectangular cement swimming pools have been replaced by family aquatic centers, which incorporate a multitude of play elements for all ages and ability levels. The entire family can now go to a waterpark where:

• Teens can experience the thrill of going down a water slide;

• Pre-schoolers can play under a waterfall or in a sand-play area;

• Young adults can play sand volleyball; and

• Parents can lounge on the turf grass area or play with a toddler in die zero-depth pool.

Along with these significant design changes, great improvements had also been made in water treatment technology, pool operation, life-guarding programs, and aquatic safety procedures.

Because of this revolution in aquatic facility design and operation, it became apparent that the existing Illinois Swimming Pool and Bathing Beach Code was difficult to administer and enforce. This placed a heavy burden and responsibility on the staff of the Department of Public Health and made the construction of new aquatic facilities and the operation of existing facilities difficult and costly.

So in January of 1994 a "Pool Code Task Force"— comprised of 16 leaders in aquatic management, risk management and aquatic facility design and construction—was formed to recommend changes to the Illinois Swimming and Bathing Beach Code. The task force recognized local park and recreation agencies collectively as one of the major owner/operators of public facilities in the state and they had a shared concern and responsibility with state government to protect, promote, and preserve the health, safety, and welfare of the public.

The purpose of revising the Code was not only to adapt to change and circumstances as they exist today, but also to encourage innovation and flexibility that would still provide the greatest protection for aquatic facility users in the future. Thus, it was the task force's purpose to assist the Department of Public Health in designing a Code that will lend itself to uniform and consistent interpretation and enforcement.

The New Code Takes Effect

A public comment period on the draft of the revised code concluded on March 15 of this year. It is anticipated that final Code amendments will be effective on May 20, 1999.

The late release date of the Pool Code just prior to

May/June 1999 /29

"Agencies building or renovating aquatic facilities can potentially realize a substantial savings with these Code changes, leaving more dollars available for public use amenities such as play features and other conveniences." - Doug Shorn, Williams and Associates

the opening of the aquatic season will present a challenge to aquatic facility operators. Provisions in the Pool Code allow for exemptions for design-related changes that must be addressed in new construction and renovations. However, operational changes will be enforced this aquatic season. The Catch-22 is that until the final Code amendments are distributed by the department in May, most pool managers cannot be fully certain which operational changes have been adopted until most pools are almost ready to open!

Given this dilemma, aquatic managers must closely review operational changes listed in the new Code immediately when received by mail (each state licensed aquatic facility receives one copy). Preparations should be made to change applicable facility procedures, signs, staffing, and employee manuals to reflect new operational amendments. Aquatic managers must also recognize and appreciate that noncompliance with the operational changes to the new Code may expose an agency to significant legal implications. Since the Pool Code is mandated by state law, losses that may be directly caused by noncompliance may expose their agency to liability.

Public aquatic professionals must also be particularly mindful of the recent amendment to the supervisory immunity of the Illinois Tort Immunity Act. Effective last December, public entities may be liable for willful and wanton conduct associated with pool supervision. Therefore, aquatic managers must review all proposed operational changes and be prepared to implement those measures necessary to ensure compliance.

Operational Amendments

Examples of important operational related Code amendments that must be addressed when opening aquatic facilities this year include:

• An updated listing of patron regulations must be posted when you open your facility.

• Only one rider will be allowed to enter a water slide flume unless the slide is designed for multiple riders. Should a water slide attendant knowingly disregard this rule and permit multiple riders to use the slide, an agency may be subject to liability exposure for any resulting injury.

• Lifeguards at water slide plunge areas will not be allowed to guard other portions of the swimming pool or beach. In addition, attendants on duty on the top of water slides cannot be assigned to monitor more than two water slides concurrently. A warning sign must also be posted at the slide entrance.

• A telephone will need to be installed within 300 feet of the swimming pool enclosure and emergency numbers must be posted. The prior Code requirement was 500 feet.

• Furniture, plants, hoses, baby strollers, or other objects cannot be placed within 4 feet of the pool.

New Swimming Pool Closing Procedures

• Specific sanitation procedures for situations when a patron defecates or vomits in the pool.

• Pool operators are required to remove patrons from the pool when lightning is present (including a minimum 15-minute period after the last lightning is observed). A lighting fatality arguably attributable to conscious noncompliance with this mandate will expose your agency to liability.

• The presence of any fecal coliform, E coli, Streptococcus and other listed water contaminants.

Operational Changes that Allow for More Flexibility in Aquatic Facility Management

• Allowing an adult patron to lap swim alone

• The recognition of the National Pool and Water Park Lifeguard Training Program

• A broader chlorine residual range between 1.0 and 4.0 PPM (parts per million)

• Patrons will be "encouraged" to take a nude and soapy shower before entering the pool area.

• "Clean footwear" can be worn on the pool deck and in bathhouse areas.

Design-related Amendments

In addition to the operational amendments, the second major change in the Pool Code affects the design and renovation of pools. While some design- related amendments must be incorporated this season (such as removing and relocating any starting platforms where the water depth is less than 3 1/2 feet or adding additional "No Diving" markers around the pool perimeter), most will only need to be incorporated in new construction or renovation.

Without question, the many new design-related Code changes will result in significant cost-savings and flexibility in the construction of new and renovated aquatic facilities.

According to Doug Strom, an architect with Williams Associates and a task force member:
"Agencies building or renovating aquatic facilities can potentially realize a substantial savings with these

30/ Illinois Parks and Recreation

Code changes, leaving more dollars available for public use amenities such as play features and other conveniences." Examples of new design-related changes include:

• The Department will be authorized to approve variance requests for new or innovative designs not currently addressed in the Pool Code.

• The requirement that the bathhouse dressing area be at least 5 percent of the water surface are has been removed. This requirement has in the past forced agencies to build very large and expensive bathhouses far beyond patron use levels.

• The requirement for separate wet and dry toilet facilities has been removed. This change will reduce the costs of construction when not required to run additional piping and related utilities throughout the bathhouse.

• The minimum outdoor deck width changes from 8 feet to 4 feet, reducing the cost of concrete work. However, this 4 foot minimum deck area must be clear of all objects, thus requiring some additional decking for chairs, equipment, and related items.

• Design criteria has been added for drop slides, lazy rivers, in-water pool seats, and drains to prevent bather entrapment.

Updating the Illinois Swimming Pool and Bathing Beach Code was an enormous undertaking. The many improvements that have been made to the code will benefit aquatic operators for many years to come.

The end result can be summed up by Clint Mudgett, Division Chief at the Illinois Department of Public Health: "I am very pleased that the new Swimming Pool Code will allow designers greater creativity and flexibility, while at the same rime strengthening the safeguards for protection of public health and safety."

So, prepare now if your agency would like to hit this pool season swimming by complying with the new Pool Code changes and minimize your agency's liability.

BETSY KUTSKA, ARM, CLP
is she Executive Director of the Park District Risk Management Agency co-chair of the Pool Code Task Force.

KEVIN HOFFMAN, ARM
is the loss Control Manager for the Park District Risk Management Agency and a member of the Pool Code Task Force.

May/June 1999 /31