New law leaves some local swimming pools drained

A federal law passed in 2007 has some local public swimming pool operators up in arms, while others have been forced to delay the opening of their pools to make, sometimes costly, upgrades in order to meet new standards.

Paul Lawson, a Health Environmentalist with the Whitley County Health Department, said most public pools have been able to pass new standards imposed by the Virginia Graeme Baker Act, signed by President George W. Bush in 2007. The law requires all public swimming pools to have "anti-entrapment" drains or devices to help prevent injuries or death that can be caused by pool drains. The law is named after the granddaughter of former Secretary of State James Baker who was killed in 2002 when she was sucked underwater by a hot tub drain and could not be saved.

Lawson inspects all public pools to make sure they are in compliance with all federal and state regulations.

"It didn’t affect outdoor pools until this year," he said. "There’s been a few that have had some trouble meeting the requirements … Some of the older pools had problems kind of existing anyway. This really forced their hand to meet the requirements. It’s made them do more remodeling than a lot of them want to."

Lawson said the county’s three indoor public pools – located at the Cumberland Inn, University of the Cumberlands and Mountain View Lodge – were required to meet the new regulations by then end of 2008. All did.
But this summer, several pools have been adversely affected by the law.

None more so than perhaps the pool at Sweet Hollow Country Club in southern Laurel County near Corbin. According to co-owner Reneé Finley Tankersley, the pool there is closed for the summer as she works with engineers to see if there is a "reasonable and cost efficient" way to bring the pool up to current standards.

"There is just no possible way we can do this and get open this summer," she said. "What the state wants us to do is astronomical in cost. They want us to tear up all of our concrete. It’s nuts."

Tankersley said state inspectors are requiring that the pool’s plumbing be replaced, but will not allow her to do so with a method of drilling that is less costly and less destructive than simply breaking up concrete around the pool, removing and replacing old pipes.

"They actually want us to rip everything up so they can physically see the pipes … where do you draw the line on reasonableness?" she said. "We are a single-proprietor business and it is not feasible to make money like this."

Sweet Hollow has a 100 X 50 foot pool, with an accompanying baby pool and water park. Tankersley said she is considering "going indoor" with the pool so she can operate it year round.

In Tattersall Trails Estates, a subdivision near Corbin, the issue of the neighborhood is not one a lot of people want to talk about publicly. A listing for Tattersall Homeowners Association President Charles Brewer has been disconnected. A resident of Tattersall, who wished to remain anonymous, said problems with the pool are twofold: the new regulations forcing costly renovations, but little money to do so on the part of the Association.

"They have about $5,000 right now to fix a $40,000 problem," the resident said. "What has happened over the years, since it is not mandatory for people to join, is that the pool is the only source of income."

Tattersall residents are not required to join the Homeowners group which charges $275 a year for access to the pool, basketball courts, tennis courts, a park and volleyball courts. Those that live outside the subdivision can also join, but the fee is higher.
The resident said there would likely be a meeting in the near future to address the issue.

The Williamsburg Country Club closed its pool after 2006 in advance of new regulations. Clara Sexton, who holds a lease on the facility, said state inspectors wanted her to make drastic changes to the 60-year-old pool in order for it to remain open to the public.

"It wasn’t feasible at all," she said. "It does need a lot of work on it if it were to get a lot of use … right now, it isn’t open to anybody but me. It is my personal pool. Only people that I invite can come here."

Lawson said the pool at the Landmark Inn in Corbin is also closed because of Virginia Graeme Baker compliance issues alongside other problems. The pool at the Super 8 Motel in Williamsburg is not open. The Days Inn pool in Corbin is not open either.

The Kentucky Splash Waterpark in Williamsburg opened a little later than normal. The Corbin City Pool opened one day later than normal while drain covers were fitted to the kiddie pool area.

"I know it’s been a problem for a lot of people. A couple of the lifeguards that were working at Tattersall are working here now," said Corbin Recreation Department Director Marlon Sams. He oversees operation of the Corbin City Pool.

"I guess we are lucky that we are a city pool and that ours were revamped about 10 years ago. We have the ability to make these changes. Some of the older pools have struggled."