by Sally Bouorm | April 1, 2012 9:49 am
By Connie Sue Centrella
The pool and spa industry is seeing change when it comes to regulations and public trust. National and regional associations, government entities and concerned pool/spa professionals are engaged in understanding, shaping and implementing new initiatives that are considered by many to be in the best interest of the public, and ultimately the future of the industry. This column offers a brief overview and update on the four trend-setting initiatives that have far reaching impact on every industry segment.
The Model Aquatic Health Code[2] (MAHC) is meant to serve as a model and guide for local and provincial/state agencies to update or implement a pool/spa code in their jurisdiction. There is currently no federal authority for disinfected recreational venues and there is no uniform standard related to the design, construction, maintenance and operation of aquatic facilities.
The responsibility of writing regulations rests in the hands of local and provincial/state officials. There is a broad spectrum of ideas on how to monitor and maintain the safety and health of bathers in public facilities, as the increase in recreational water illnesses, drowning and accidents in and around swimming pools and spas prompted industry leaders to seek a solution. The MAHC is a model. It is not a federal mandate, nor intended to be one.
The Centers for Disease Control (CDC) received an initial grant from the National Swimming Pool Foundation (NSPF) to develop the MAHC as a user-friendly and knowledge-based guidance document, based soundly on current science.
The first MAHC development workshop was held in Atlanta, Ga., in 2005, which brought together experts from various organizations and companies representing all segments of the pool and aquatic disciplines, with the mission to create a uniform model aquatic health code. To do so, technical committees were formed, with each committee appointing a chairperson and defining the scope of work for their section of the overall code.
The MAHC was developed via numerous meetings and countless man-hours. It comprises 12 modules, each in various stages of development by technical committees, including review, public comment and editing for uniformity by the steering committee.
Industry members are urged to be involved and submit comments during the comment periods. When each module is released, it is available for 60 days for public comment. Once all modules have been released, the whole module will again be posted for another round of public comment.
By creating and following a model code, the industry can better assure the bathing public will visit facilities that are maintained with the highest degree of safety and health.
“A national code would provide consistency and the ability to update when new science and technology comes out,” explains Tracynda Davis, MPH, NSPF’s director of environmental health programs. “Consistent standards help uniform data collection, which is necessary for illness and injury investigation and treatment. The MAHC uses evidence-based data to understand waterborne illness and appropriate treatment for prevention and remediation.”
The U.S. Department of Justice has broadened its reach to include swimming pools, wading pools and spas defined as a ‘place of public accommodation’ in the Americans with Disabilities Act[3] (ADA[4]). Signed into law on July 23, 2010, full compliance to the new regulations was required in March.
The ADA is a comprehensive civil rights law with specific accessibility guidelines for newly constructed and altered facilities south of the border. All pools and spas that serve the public must comply with the rulings or the facility will face censure and fines for not providing appropriate means of access.
While many larger aquatic institutions have previously modified pool and spa areas to accommodate people with disabilities, most of the smaller facilities, such as hotels and motels, refrained from spending the resources. Thus, people who need assistance entering and exiting pools and spas have been shut out. The new law assures all people, despite their disability, are able to enjoy all aquatic facilities.
The new guidelines base equipment requirements on the size of a pool/spa’s perimeter. For instance, one means of access—either a lift or sloped entry—is mandated for pools/spas with a perimeter less than 91.4 m (300 ft). Perimeters larger than 91.4 m (300 ft) require two means of access. Detailed information on compliance requirements can be found by visiting deck equipment and pool lift equipment websites.
U.S. pool professionals must be prepared to answer questions from public pool management as to what needs to be done to comply with the standards.
In August 2011, the Association of Pool & Spa Professionals (APSP) adopted a new energy standard for residential swimming pools, American National Standard for Residential Swimming Pool and Spa Energy Efficiency [6](American National Standards Institute [ANSI]/APSP/ International Code Council [ICC]-15 2011). The new standard is based on improving the energy efficiency of swimming pool pumps/motors as well as other aspects of hydraulics such as pipe sizing. Pool professionals should be up to speed on the standard in order to meet new residential construction and renovations requirements.
Numerous states have also incorporated new energy standards into their building codes. For instance, the California Energy Commission’s (CEC’s) Appliance Efficiency Regulations, (California Code of Regulations[8], Title 20, Sections 1601) attracted the attention of the pool/spa industry and equipment manufacturers, while the Florida Energy & Conservation Code[9] for residential pools requires all circulating pump motors larger than one horsepower be replaced with a two-speed or variable-speed pump. The standard includes sizing parameters and pipe diameter as related to flow rate as well as mandated all heat pumps to have a coefficient of performance (COP) of four or greater. Further, fossil fuel/gas heaters must have 78 per cent minimum fuel efficiency with no standing pilot lights, while all heaters must have an outside on/off switch. To reduce heat evaporation, there is also a clause requiring covers to be installed on inground spas and heated pools (liquid pool heat chemicals are included as acceptable method of heat retention). Pool/spa contractors had to comply with this new code in March.
In Canada, the Pool & Hot Tub Council of Canada (PHTCC) released its recommended guidelines for Energy Conservation Opportunities for Pools, Spas and Water Features [10](G-0310). These guidelines were released in 2010 and were drafted by the PHTCC’s Energy Conservation Committee to serve as reference documents for consumers and as guiding principles for pool/spa manufacturers, builders, contractors and regulatory authorities across the country.
Some will say the pool/spa industry is being over-regulated, while others embrace their role in helping owners reduce energy usage and expense. A number of provinces/states and local utilities are encouraging pool and spa owners to purchase newer, energy-efficient equipment and some are offering rebates.
Industry professionals should attend the numerous energy-efficiency seminars offered throughout the year to learn about the new energy smart pool/spa equipment that is available, as well as to discover the regional rebate programs available.
The first mandate from the U.S. government came in the form of the Virginia Graeme Baker Pool and Spa Safety Act[11] (VGBA), which was signed into law in 2007, with mandatory compliance by December 2008. Also referred to as the VGB or P&SS Act, the law was written to protect pool and spa bathers from the danger of entrapment.
Most agree the law’s intent is good; yet the implementation was flawed, and has unfortunately caused much confusion. The good news is, however, since the law was enacted, no entrapment fatalities or serious injuries have been reported in the U.S.
The pundits continue to debate the particulars of the law and seek to change its scope; however, it remains important for pool/spa professionals to keep up to date on any changes that may develop. Vigilance and attention is the industry’s best protection from any liability in the future. The current compliance requirements should continue to be followed, whereby pools/spas are retrofitted and installed with approved anti-entrapment main drains and other additional layers of protection.
In 2009, the PHTCC released its recommended guidelines for Suction Entrapment Avoidance Provisions [13](G-0109). These guidelines were provided as reference documents for use by pool and spa builders, contractors and local regulatory authorities across the country. According to the PHTCC, they are based on practical experiences in the field, fundamental research into cause and effect, and an extensive review of existing bylaws and legislation that specifically address this subject matter. Key elements of the recommended procedures were derived from the VGBA.
It is the industry’s responsibility to keep abreast of new and ongoing initiatives. The more knowledge industry professionals have, the more prepared they are to meet changes, enhance their credibility in the marketplace and avoid liability. Consumers look to pool/spa professionals as experts in the field. It is time to look to the future in order to build strong, safe and healthy aquatic environments.
Tell me what you think about the new initiatives; what you have done to improve your business by incorporating these new codes and mandates into your business strategies; and what should we do as an industry to raise the professionalism in the eyes of the consumer. Please send your comments to ccentrella@keiseruniversity.edu[14].
Connie Gibson Centrella, MBA, is professor and program director for the online Aquatic Engineering Degree Program at Keiser University eCampus, as well as director of education for Team Horner and a member of the National Swimming Pool Foundation (NSPF) Education Committee. She is also a sustainability officer, having been certified in the principles of green and sustainable business practices. Centrella, five-time recipient of the Evelyn C. Keiser Teaching Excellence Award, is celebrating more than 40 years in the pool and spa industry.
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