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Pool Access: Alterations and Repair To New Construction ... And Beyond
By John N. McGovern, President, Recreation Accessibility Consultants LLC
John McGovern has for decades worked to make certain that recreation environments and programs are accessible to and enjoyable by people with disabilities. He served on each of the US Access Board federal
advisory committees and has been a key figure in the development of inclusion processes and models. He has worked closely with the National Recreation and Parks Association to promote opportunities for access and inclusion training for members of NRPA. He is now the President of Recreation Accessibility Consultants LLC and advises parks and recreation agencies on compliance with the Americans with Disabilities Act.
Pools age...some more gracefully than others. As pools enter the second or third decade of use, some elements require more attention than others. This article addresses some of the difficult issues surrounding accessibility compliance for an existing pool, and will discuss factors applicable to both governmental pools and business and nonprofit owned pools.
For reference, this article refers to the Americans with Disabilities Act (ADA) title II regulation for local governments (see 28 CFR Part 35), the title III regulation for businesses and nonprofits (see 28 CFR Part 36). Local governments are also subject to the Architectural Barriers Act (ABA) if using federal funds for a project, such as LAWCON, FEMA, or CDBG. We also refer to the 2004 US Access Board ADA/ABA Guidelines, which incorporates final guidelines regarding many recreation environments (including pools), and the Americans with Disabilities Act Accessibility Guidelines (see Appendix A to 28 CFR Part 36).
When is a Pool Project a Pool Alteration?
This question has a practical answer. If a pool modification changes the way in which a pool is used, it is an alteration (35.150(d), 36.304). Examples here include, but are not limited to:
* A modification that adds lockers to an existing locker room, thereby increasing capacity, thereby changing use, is an alteration and triggers access requirements.
* The conversion of a dive tank to a slide plunge tank, and the addition of a water slide changes the use of that tank and is therefore an alteration. It triggers access requirements.
* The replacement or modification of a filtration system does not change the way in which the pool is used. As such, it is maintenance.
* The conversion of a wading pool to a sprayground changes the use of the old wading pool, and is now an alteration. That too triggers access requirements.
* The addition of a concession stand, where none existed before changes the use of a pool area and is therefore an alteration. That too triggers access requirements.
When is a Pool Project Just Simple Maintenance?
There are many examples of maintenance in ADAAG that do not rise to the level of an alteration. Examples here include, but are not limited to:
· Repainting a pool is maintenance. It does not change the way in which a pool is used.
· Replacing drains for VGB compliance does not change the way in which the pool is used, so it is maintenance and should not trigger accessibility modifications.
· Repairing crumbling or eroding concrete to eliminate leaking water is maintenance. It does not change the way in which a pool is used.
· Installing a pool liner is maintenance; it does not change the way the pool is used.
· Replacing a broken tread on a ladder out of a pool, with a new tread, is maintenance. It doesn't change the way in which the pool is used.
What are the Access Requirements if a Pool Project is an Alteration?
This is actually a pretty common-sense issue. First, the element being altered must comply with the accessibility guidelines. Second, a path of travel must connect this newly altered element to other accessible elements at the site. As an example, let's use the addition of 48 lockers to a locker room that already has 52 lockers.
First, the swimming pool technical requirements are found at Section 1009 of the ADA/ABA Guidelines. Second, locker room guidelines are found at sections 222 (scoping) and 803 (technical requirements). These sections may also refer to other sections.
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Getting to Know Our SAI Providers
In each issue, SAI will feature one of its providers. This month, we interviewed Bert Forde, President of Midwest Pool Management
Over 40 years ago, a small company in St. Louis, Missouri began providing pool management services to a handful of clients: small facilities located in condominium and apartment complexes and several subdivision pools.
Today, Midwest Pool Management trains almost 1300 lifeguards annually and manages almost 60 facilities in two major metropolitan areas.
"We now manage many complex facilities for municipalities," says Bert Forde, President of the company. "We are located in the Kansas City area as well as in St. Louis, and most of our growth has been in managing the larger operations."
 Bert, who started as a substitute lifeguard for Midwest Pool Management in 1971, worked her way up through the ranks to head the company. She is now an industry leader and is the recipient of the Missouri Park and Recreation Association Aquatic Section Distinguished Professional Award. A frequent speaker at state and national conferences, Bert also served as President of the National Pool Management Association.
"I always enjoyed lifeguarding in high school and college," she reminisces as she describes her love for aquatics. "It was a great summer job!"
After a brief post-college stint in the field of advertising, Bert returned to Midwest Pool Management where she assumed responsibility for the hiring and training of lifeguards. At the time, the company serviced about 20 small pools.
As industry awareness of the need for risk management increased, Midwest Pool Management knew that it wanted to be at the forefront of that movement. It wasn't until 2000, however, that the company found a training agency that combined innovative risk management consulting with excellent customer service.
"I met Jill White [the founder of SAI] at a conference, and we decided to switch to Starfish Aquatics in May," Bert explains. "It was very last minute, but she worked with us to cross over almost 800 guards before the pools opened that summer! I have to say that she was absolutely phenomenal!"
According to Bert, the customer service provided by SAI has been top-notch since the very beginning.
"I think customer service that works for the client should go hand in hand with a great training program," she says. "SAI is the only company we have found that gives us both."
Bert praises SAI's customer service as being flexible and customized to meet the needs of each client.
"We are a multi-operation, non-owner management entity, which makes us different than many of the SAI clients," she points out.
However, she is quick to add that while many of their issues are unique, they also face many of the same problems encountered by other SAI clients.
"We have attended SAI's Leadership Council in Charleston, South Carolina, the past two years," she notes. "It's so interesting to interact with all of the Starfish providers, and to listen to what they do and how they do it; what works for them and what doesn't. You always seem to pick up that special nugget of information that you can take home with you-even if they run a completely different kind of operation."
Bert also comments that having speakers from other industries address the conference attendees makes it very interesting and different from other conferences.
"This year's presentations were phenomenal," she raves. "We loved the outside speakers."
Midwest Pool Management is considered a wonderful place to work by its employees. In an industry plagued with high turnover, most of the lifeguards hired by the company have remain with the company three to four years, and they have a sizable list of guards who have been with them for five to seven years!
 "They really seem to like the training program a lot,' Bert says. "We always get great feedback from guards certified by other agencies. They love the experiential learning, and we have observed that they retain the knowledge for a much longer time than when they are simply watching demonstrations and videos. They think the deep water rescue technique is amazing, And we follow everything up with in-service training-it's a phenomenal program." ***
Midwest Pool Management also praises SAI's StarReview program, and spends a great deal of time educating clients about the need for independent audits. Most of their clients would not otherwise participate in the risk management consulting program, and the company's participation sets it apart from many other pool management companies in its market area. *** experiential learning in StarGuard
"Midwest Pool Management has been an important client and spokesperson for SAI as long as they have participated in our programs," states Jill White. "We are very proud to have them as members of the SAI family."
*Midwest Pool Management has opened 15 new municipal aquatic centers in the last 10 plus years. One year during a grand opening event a young child was injured. The lifeguards, not sure of the extent of injury, backboarded the child and stabilized him until EMS arrived. The staff, fresh out of training had the opportunity to show all what they learned. A senior member of the fire department had witnessed the rescue, and approached Bert after the fact, complimenting her staff on how they handled the situation. Bert credits the StarGuard training, and notes that they were especially thankful that the child was not seriously injured.
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SAI In The News
'Lifeguards are not baby-sitters'
Chicago Sun Times
June 4, 2009
Bill Cunniff
With the weather warming up and schools closing for the summer in upcoming weeks, kids will be heading to the Chicago area pools and beaches. So, it's a good time for a reminder about safety.
Drowning is a leading cause of death among young people, but most incidents can be prevented with proper communication and proper behavior among parents and children.
"Lifeguards are not baby-sitters," said Jill White, a safety advocate and author of StarGuard: Best Practices for Lifeguards (Human Kinetics). "Parents and guardians should not leave children unattended. Preschool children and nonswimmers should be directly supervised -- within touching distance -- by a responsible adult," she said.
White said the following behaviors most commonly contribute to drowning at pool facilities:
· · Lack of adult supervision for children.
· · Breath-holding contests.
· · Bobbing or wading into deeper water, then being unable to lift the mouth or nose out of the water or choking on water.
· · Being a nonswimmer in deep water without a life jacket.
· · Slipping off of a flotation device.
· · Not resting and becoming exhausted.
· · Being under the influence of alcohol or drugs.
White says parents need to take their kids' swimming participation seriously. She emphasized being aware of water safety practices, the buddy system and following the posted rules. White also warns about group outings, such as parties and day-camp trips to aquatic facilities, where parents assume their children are properly supervised.
"Often group leaders or party hosts inappropriately view the trip to the pool as a chance to relax and turn over responsibility to the lifeguards," she said. But the hosts also may be unaware of kids' swimming ability. The hosts may not understand the need to make sure nonswimmers wear life jackets.
"The energy level of the participants is often high, and peer pressure can encourage children to try activities that would not be allowed under parental supervision," White said. "The party hosts should understand that they are responsible for the direct supervision of the participants. They should be required to maintain a reasonable leader-to-participant ratio."
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NEWS & FEATURES
By Jennifer White, National Director, Starfish Swimming
Take a break from your busy summer schedule and check out a very cool video on YouTube at http://swimfoundation.org/Page.aspx?pid=340.
Make a Splash is a national water safety initiative focused on kids. Created by the USA Swimming Foundation, it aligns the nation's top learn-to-swim resources in an effort to save lives.
SAI partnered with the USA Swimming Foundation and the Atlanta Falcons in 2007 for the first Make a Splash project, involving the Boys & Girls Clubs of Metro Atlanta (BGCMA). BGCMA operates 30 clubs serving more than 17,000 young people. Four of the Boys & Girls Clubs have indoor swimming pools that were only being used for recreational swimming, without any type of aquatic programming or risk management.
The campaign, which educates parents through a national awareness campaign, saves lives by joining forces with grassroots learn-to-swim programs and reaches thousands of children through wide-reaching in-school materials.
When the project began in 2007, SAI Faculty certified the BGCMA staff as StarGuard Lifeguards and Starfish Swim Instructors. SAI faculty worked closely with BGCMA site managers to implement the Starfish Swimming program and adopt a pro-active risk management approach. In 2008, the BGCMA site managers became certified as both StarGuard Instructors and Starfish Swim Instructor Trainers and began to train their own staff. SAI Faculty continued to work closely with the site managers to monitor the operations and success of the Starfish Swimming and risk management programs. In 2009, the site managers attended the SAI Leadership Council and have since proven their commitment to operating successful aquatic facilities with less need for aculty oversight.
SAI is very proud of the accomplishments of BGCMA and look forward to another successful season!
 The Chatham County Aquatic Center (CCAC) in Savannah, GA hosted its second annual Make a Splash Water Safety Event on May 16, 2009. The CCAC partnered with their local Safe Kids Coalition, two of their local USA Swimming Clubs, the Danger Rangers, a local YMCA, and SAI to facilitate the event. Other local partners, including a bank, hospital, community college, kayaking business, health department, Army Corps of Engineers, and a University ROTC program participated in a parent water safety fair, provided volunteers, or provided items for distribution to the participants. The event reached a maximum number of 96 participants one week prior. SAI commends the CCAC on hosting an outstanding community water safety event! For more information on the water safety event, check out the media clip at http://www.wsav.com/sav/news/local/article/focus_on_water_safety_as_summer_approaches/12584/.
For more information on the Make A Splash initiative and how you can become a local partner, visit www.makeasplash.org.
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GETTING TO KNOW YOUR SAI STAFF
In each issue, SAI will feature a national staff member. This month, meet Jeanmarie Hagedorn, our Finance Director.
Meet Jeanmarie Hagedorn
As the Finance Director for Starfish Aquatics Institute, I get to speak with most of our clients about invoices, statements or payment information. Internally, I'm responsible for keeping the financial and customer records accurate on a timely basis. This includes accounts receivable, accounts payable, payroll, employee expense  accounts, banking, and month-end and year-end reports. I've enjoyed the opportunity to meet many of you the past several years at Leadership Council in beautiful Charleston, South Carolina.
I grew up south of Akron, Ohio, with a younger brother and sister, both of whom still live there.
I have a bachelor's degree from Baldwin-Wallace College, where I met my husband of 26 years, Jerry. I started my career in Cleveland with the public accounting firm of Ernst & Whinney as a staff auditor, and many years later Leslie recruited me to come to SAI from another client based here in Lincolnshire, IL.
My two children are both graduates of DePaul University. John is a chef, and, in a few months, Katie will be starting her career with Teach For America here in Chicago.
We have two cats that love Jerry and tolerate me. I enjoy reading, cooking, and traveling, whenever I get the chance.
We have lived in Cleveland, England, Chattanooga, and Chicago. If you were to watch our home movies, you would hear our kids' accents changing many times over the years!
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SAI Updates
Star and Swim Reviews: Are You Ready?
The Star/Swim Reviewers have been busily preparing for our 2009 season. Did you know that our National Review Staff goes through annual training just like your staff? It's true!
Each year the Reviewers attend a four-day training session where they review their own personal skills, update their knowledge of the year's methodologies, and review standards. Discussions are held related to previous years' experiences and goals established for the current season.
We have a very strong returning staff for 2009, and are welcoming three additions to our team. All National Staff members have extensive experience that is unmatched in the aquatic industry.
Remember that when they visit your facility, they are observing and skill checking lifeguards and instructors and evaluating management as they see things that particular day at that point in time. We welcome questions and value our debriefing time with you. While we appreciate that you are interested in 'the bottom line,' we are trying to be constructive in our comments and suggestions and ask that you, in turn, accept the evaluation as it is presented.
It is not necessary for your staff representative handling the Review to be present for the entire process. We appreciate help getting the lifeguards and instructors together for the skills checks, and we need someone from management to assist us with the Facility Evaluation. However, when our staff is transferring the video, your staff may resume its duties. When the DVD is ready for viewing, we'll ask to meet with management, but in the interim, we know you are busy and do not want to take up your time!
The 'paperwork' will be emailed immediately to the address you supplied on your Facility Registration which you submitted it to www.regonline.com/StarReviewFacility09.
If you have not yet submitted that form, please do so IMMEDIATELY, along with the Self-Evaluation form found at: www.regonline.com/StarReviewAssessment09.
A blank copy of the Star/Swim Review matrix (evaluation tool) is now on the SAI intranet site. It might be helpful to go over that form with your staff during an inservice so that everyone knows what we are looking for during an evaluation.
If you have any additional questions, please do not hesitate to email Carol Lee Fick at carolstarfish@hotmail.com. We look forward to visiting you soon, and have a safe summer!
StarReview facility registration:
www.regonline.com/StarReviewFacility09StarReview risk management self-assessment:
www.regonline.com/StarReviewAssessment09SwimReview facility registration:
www.regonline.com/SwimReviewFacility09
Swim Review risk management self-assessment:
News from Accounting
Please make sure you have the correct address for remittances so that your payments are not delayed in being credited to your account.
All checks should be mailed to:
SAI Finance Office
P.O. Box 525
Lincolnshire, IL 60069
Also, if you would rather pay by credit card, please call me at 847-607-0274.
It is not considered safe to email or fax your credit card information.
Jeanmarie Hagedorn,
SAI Finance Director
P. 847 607 0274
F. 847 607 0314
jmh904@comcast.net
Press Releases On The Intranet
Did you just join the SAI family? Was your facility awarded five stars for its recent StarReview or SwimReview? Let everybody know about it!
Press releases are available for your use on the intranet. They can be found under Documents/StarReview Forms and sent to your local media outlets. Forward any articles that are printed electronically and we'll feature them in a newsletter! If they appear in print, scan a copy and send to sarap@hkusa.com.
Here's a recent story that was printed about one of our newest clients, the Urbana Park District in Urbana, Illinois:
From Champaign Urbana News Gazette
May 17, 2009
"Business & Professional Briefs"
News from Starfish Swimming
All SSI's must possess their own copy of the NEW Starfish Swim Instructor Workbook, available for purchase through the SAI Headquarters Office for $7.00. The previous PDF file is no longer available and should not be used.
Please submit 2008 Starfish Swimming Surveys & 2009 Starfish Swimming Merchandise Purchase Agreements immediately to the SAI Headquarters Office.
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