Category Archives: Pool And Spa

by | March 13, 2012 · 9:18 am

Hospitality Industry Legal Risks: Hotel Management Must Comply With Americans With Disabilities Act (ADA) Revisions Concerning Recreational Areas; Exercise Rooms, Saunas And Benches Are Areas Of Concern

New revisions to the Americans with Disabilities Act are bringing hotel recreational areas under the watchful eye of the U.S. Department of Justice for the first time. And unlike other guidelines covered by the 1991 ADA Standards for Accessible Design, recreation areas do not qualify for safe harbor.

Exercise rooms:

  •  The key issue in exercise rooms is clearance space, the moderators said.
  • “At least one of each type of equipment is required to be on an accessible route and have clear floor space adjacent to the equipment so that somebody is able to park their mobility device there and then get out of that device and transfer or may be able to walk and get on to this piece of equipment,” Salmen said.
  • More than one piece of equipment can share the same clear floor space, he said.
  • “This is going to have implications on how your fitness rooms are laid out, and (in) a lot of small fitness rooms you will have to do rearranging or potentially may even have to lose a piece of equipment in order to try to provide these clear floor areas,” Anderson added.

Saunas and steam rooms:

  •  Hotels must have accessible routes into saunas and steam rooms. Further, they must have enough space within the rooms so guests with disabilities can turn around and get out, Salmen said.
  • “So doors have to be compliant as per the door criteria with 32 inches of minimum clear opening width. The pressure on that door can’t be more than five pounds. The thresholds for those doors have to be compliant,” he said.

Benches:

  •  Benches in hotel locker rooms and steam rooms can be as little as 42 inches with a depth of 20 inches to 24 inches, Salmen said.
  • “But in these new rules we are now required to have a maneuvering space in front of the bench and at one end of the bench so that it is (easier to slide over) from the wheelchair seat onto the seat of the bench,” he said.
  • Benches must be attached to a wall or provide a back rest so users will have something to lean against, Salmen added.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7732/ADA-standards-call-recreation-areas-into-focus

Comments Off on Hospitality Industry Legal Risks: Hotel Management Must Comply With Americans With Disabilities Act (ADA) Revisions Concerning Recreational Areas; Exercise Rooms, Saunas And Benches Are Areas Of Concern

Filed under Guest Issues, Insurance, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | February 9, 2012 · 1:57 am

Hospitality Industry Compliance Risks: Hotels Must Equip Pools And Spas With "Pool Lifts" To Comply With 2010 ADA Standards

The 2010 ADA Standards for pool access have significantly changed the requirements for municipal and private pools by requiring, for the first time, that they be equipped with independently useable pool lifts during all operating hours.

Since the DOJ announced its intention to require lifts in nearly all pools, the hotel industry and others have opposed or sought clarification of this provision.

In October, 2010, the American Hotel & Lodging Association sought clarification of the pool lift requirements which become mandatory on March 15, 2012. The AH&LA noted that pool lifts, particularly fixed devices, are potentially dangerous to users and children playing around pools. Moreover, they can be quite costly to most pool operators. The industry’s concerns apparently fell on deaf ears as evidenced by the DOJ’s position issued this week.

The DOJ has officially confirmed that:

  • The mandatory date for installation of pool lifts is March 15, 2012.
  • Pool lifts need to be installed at each pool during all operating times and be independently operable by disabled persons.
  • Pool lifts must be “fixed” unless the operator can prove that doing so would not be “readily achievable” as defined in the ADA, in which event, a portable lift meeting all of the ADA Guidelines could be deployed.
  • Accessible lifts cannot be shared between a pool and a spa, each would seem to require a separate device.
  • Pool lifts must be properly maintained and in good repair, with any battery components charged for use.
  • Staff must be trained in the use and safety of pool lifts.

For more:  http://hotellaw.jmbm.com/2012/02/doj_flash_on_pool_lifts.html

Comments Off on Hospitality Industry Compliance Risks: Hotels Must Equip Pools And Spas With "Pool Lifts" To Comply With 2010 ADA Standards

Filed under Guest Issues, Labor Issues, Legislation, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Technology

Tagged as , , , , ,

by | February 6, 2012 · 8:23 am

Hospitality Industry Health Risks: South Carolina Hotel's Swimming Pool Heater May Have Been Leaking Carbon Monoxide For Weeks Prior To Guest's Death

Investigators say the hotel’s swimming pool heater leaked carbon monoxide sometime during the night, killing Moran and injuring at least 17 others. Carbon monoxide readings at the hotel reached 500 and 600 parts per million, South Charleston Fire Chief Greg Petry said. Authorities say any reading over 30 parts per million is cause for concern.

“…(a guest)… speculated that his death was caused by the swimming pool before investigators confirmed that carbon monoxide leaked from the pool’s heater…”

Staff members at the Holiday Inn Express in South Charleston were aware of a problem with their swimming pool 10 days before an apparent carbon monoxide leak from the pool’s heater killed one and injured several others Tuesday, two Randolph County women said this week.

Lori Burnside, 40, of Montrose, and Danielle Mallow, 38, of Elkins, stayed at the Corridor G hotel with their two daughters on Jan. 21, but said they did not get any sleep because the hotel’s fire alarms kept them awake during the night.

The alarms were blamed on a problem with the indoor swimming pool, they said, which had to be constantly ventilated by the hotel staff.

For more:  http://wvgazette.com/News/201202040030?page=2&build=cache

Comments Off on Hospitality Industry Health Risks: South Carolina Hotel's Swimming Pool Heater May Have Been Leaking Carbon Monoxide For Weeks Prior To Guest's Death

Filed under Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Maintenance, Management And Ownership, Pool And Spa, Training

Tagged as , , , , , ,

by | February 1, 2012 · 6:41 am

Hospitality Industry Health Risks: Death Of West Virginia Hotel Guest On Fifth Floor From "Carbon Monixide Poisoning" Stresses Need For Carbon Monoxide Detectors

“…Firefighters reported high levels of carbon monoxide in the building, and the remaining guests and employees were evacuated. The gas filtered up to the fifth floor from a pool heater on the ground floor…”

The death of one man and grave condition of another has South Charleston City Council members thinking of requiring hotels to install carbon monoxide detectors. Mayor Frank Mullens was still gathering information Tuesday evening from city fire and police officers at the Holiday Inn Express along Corridor G.

A construction worker was found dead in his hotel room Tuesday morning when other members of his crew went to wake him. The man’s roommate was unresponsive and was taken to Charleston Area Medical Center’s General Hospital, where he was in critical condition Tuesday evening.

Two others were taken from the hotel to St. Francis Hospital.

Mullens said he never had heard of anything like it.

“From what I gather right now, we’re looking at a tragic accident,” the mayor said. “I’m just speechless. I’ve never heard of anything like this happening before in my life.”

The hotel, which opened in July 1999, had no carbon monoxide detectors, according to South Charleston Fire Chief Greg Petry.

State law requires all homes with gas appliances built after 1998 to have carbon monoxide detectors, but there is no such requirement for hotels. Petry said he didn’t know of a single hotel in the area with such detectors.

Mullens said the city follows state building code but the one regarding carbon monoxide detectors only in homes didn’t make any sense.

For more:  http://www.dailymail.com/News/Kanawha/201201310236

Comments Off on Hospitality Industry Health Risks: Death Of West Virginia Hotel Guest On Fifth Floor From "Carbon Monixide Poisoning" Stresses Need For Carbon Monoxide Detectors

Filed under Claims, Guest Issues, Health, Injuries, Insurance, Management And Ownership, Pool And Spa, Risk Management

Tagged as , , , , ,

by | January 14, 2012 · 2:10 am

Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

“…The law requires drains to be fitted with larger covers and backup systems. It affects all public pools and spas, including those at apartment and condo complexes, hotels and health clubs…Since the law went into effect, the commission first removed the backup requirement, then reinstated it, bowing to pressure from the industry and then to safety advocates…”

Sunlight still bathes the mosaic tile, terra-cotta fountain and potted palms at the Hotel InterContinental’s iconic indoor pool. But no bathers ripple the water. Stuck in regulatory purgatory, the pool has been closed since October.

The junior Olympic-sized pool is one of the better-known in the city and once drew famous visitors like “Tarzan” star Johnny Weissmuller. Now, it’s among nearly 300 public pools across Illinois still listed as noncompliant with federal regulations designed to reduce the risk of swimmers being sucked into drains and drowning.

Hotel officials say their pool will reopen soon. And many of the other facilities are outdoors and would be closed in winter, anyway. But with so many affected sites, expensive fixes and delays in getting state approval, some pool operators wonder if they’ll be ready come spring.

For more: http://www.chicagotribune.com/news/local/ct-met-pool-drains-update-20120115,0,7498748.story

Comments Off on Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

Filed under Guest Issues, Health, Injuries, Insurance, Liability, Maintenance, Pool And Spa

Tagged as , , , ,

by | January 7, 2012 · 8:11 am

Hospitality Industry Legal Risks: Pennsylvania Hotel Owner Settles "Wrongful Death" Lawsuit For Over $250,000 Of Man Who Was Trapped By "Suction Of The Pool Drain"

“…Mr. Williams’ widow… sued the club and its owner, Daniel Griffin, along with Elmhurst Corp., the hotel owner, claiming her husband became trapped in the suction of the pool drain…”

The settlement is confidential and lawyers would not discuss it, although court filings indicate that Mr. Williams’ daughter in Buffalo, N.Y., received $264,000, which represents part of the settlement.

A wrongful death suit against a Downtown hotel and a defunct athletic club involving the drowning of a Penn Hills man in 2009 has been settled for an undisclosed amount. Lorenzo Williams, 38, drowned on April 11, 2009, in the pool at the former Downtown Athletic Club adjacent to the Doubletree City Center.

Ms. Williams said Mr. Griffin, who rented the space for the club from the hotel, was negligent in not making sure the pool was safe by installing a drain cover as required by federal law.

The club closed in May 2009 after its lease expired.

The crux of the case was the Virginia Graeme Baker Pool and Spa Safety Act, a federal law passed in 2007 requiring all pools and spas to have special drain covers to keep children from getting trapped.

The law was created after Virginia Baker, the 8-year-old granddaughter of former Secretary of State James Baker III, drowned in 2002 after being trapped by a hot tub drain.

Read more: http://www.post-gazette.com/pg/12007/1202018-53.stm#ixzz1imyIW57P

Comments Off on Hospitality Industry Legal Risks: Pennsylvania Hotel Owner Settles "Wrongful Death" Lawsuit For Over $250,000 Of Man Who Was Trapped By "Suction Of The Pool Drain"

Filed under Claims, Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa

Tagged as , , , ,

by | January 6, 2012 · 12:09 pm

Hospitality Industry Guest Safety Risks: Small Boy Drowns In A Michigan Hotel Hot Tub; Father Had Left Child In Care Of 14-Year Old

“… a 3-year-old boy, who was with his father and several other children in the pool and hot tub area,  drowned…he was sitting on the ledge of the hot tub, when the father went back up to the room to retrieve something…”

“… a 14-year-old friend of the family was put in charge of watching the children…”

Soon after the father went back to the room, the children decided to get into the pool and lost track of the 3-year-old, according to Southfield Police Lt. Nick Loussia.

“Nobody saw the 3-year-old fall in,” Loussia said. “When the father came back, he saw the kids in the pool, looked in the hot tub and saw the 3-year-old in the hot tub.”

The father pulled the boy out and began performing CPR while hotel staff called 911. Paramedics and police responded to the scene and transported the boy to Beaumont Hospital in Royal Oak, where he was pronounced dead.

For more:  http://www.theoaklandpress.com/articles/2012/01/05/news/local_news/doc4f05e52249ad0488717383.txt

Comments Off on Hospitality Industry Guest Safety Risks: Small Boy Drowns In A Michigan Hotel Hot Tub; Father Had Left Child In Care Of 14-Year Old

Filed under Guest Issues, Injuries, Insurance, Management And Ownership, Pool And Spa, Risk Management

Tagged as , , , ,

by | January 1, 2012 · 8:25 am

Hospitality Industry Property Risks: Wisconsin Hotel Guests Hospitalized From "Carbon Monoxide Leak" As Swimming Pool Heating System Malfunctions

“…carbon monoxide levels of 800 parts per million were detected in the swimming pool area and 957 parts per million in a mechanical room where a heating system apparently malfunctioned, causing the leak…”

“…Levels of 9 parts per million usually will prompt officials to evacuate a building…”

As many as 16 people at a hotel near Lambeau Field were hospitalized Friday night after becoming ill from an apparent carbon monoxide leak, officials said. Battalion Chief Ed Jarosz of the Green Bay Fire Department said at least two of the victims were children who became ill in the swimming pool area at the Hilton Garden Inn, 1015 Lombardi Ave.

Two children were transported by ambulance, and 14 others were taken to a hospital by private vehicles, Jarosz said.

Children had been playing in the swimming pool area about 45 minutes before they began feeling sick, he said.

For more:  http://www.greenbaypressgazette.com/article/20120101/GPG0101/201010565/Carbon-monoxide-leak-at-Hilton-Garden-Inn-in-Green-Bay-sends-16-to-hospital

Comments Off on Hospitality Industry Property Risks: Wisconsin Hotel Guests Hospitalized From "Carbon Monoxide Leak" As Swimming Pool Heating System Malfunctions

Filed under Guest Issues, Health, Injuries, Insurance, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | December 10, 2011 · 8:18 am

Hospitality Industry Pool Risks: Hotel Pools And Spas Are Not Considered Safe If "Drain Covers Are Broken, Missing Or Cracked" (Video)

[youtube=http://www.youtube.com/watch?v=oRLG0iICT4w]

 

Comments Off on Hospitality Industry Pool Risks: Hotel Pools And Spas Are Not Considered Safe If "Drain Covers Are Broken, Missing Or Cracked" (Video)

Filed under Guest Issues, Health, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa, Training

Tagged as , , , , , , ,

by | December 8, 2011 · 6:54 am

Hospitality Industry Swimming Pool Risks: Hawaii Hotel Owner Must Face Trial Over "Near Drowning And Incapacitation" Of Woman

“Under Hawai’i law, a landowner has a duty to use reasonable care for the safety of all persons reasonably anticipated to be on the premises….Further, Hawai’i courts recognize that a hotel has a ‘special relationship’ with its guests […] to protect the latter against unreasonable risk of physical harm.”

     “…Court precedent found in 2010 with Robbins v. Marriott Hotel Services establishes that hotels may have to take extra steps to warn guests about “an open and obvious danger.”

 Royal Lahaina did not have an on-duty lifeguard, only a sign that said, “Warning: No Lifeguard on Duty,” according to the complaint.

A California travel agency must face a trial to determine whether it is liable for the near drowning of a woman who used a hotel pool despite a sign that alerted guests there was no lifeguard on duty, a federal judge ruled.

Song Meyong Hee is now “incapacitated” and “a vegetable,” after sinking in a Royal Lahaina Resort swimming pool and suffering severe hypoxia, according to the complaint filed by Song’s husband and children.

For more:  http://www.courthousenews.com/2011/12/06/42001.htm

2 Comments

Filed under Injuries, Insurance, Liability, Management And Ownership, Pool And Spa, Risk Management

Tagged as , , , , ,