City of Ontario Aquatics Center Building Inspection Report
Municipal Swimming Pool Safety Checklist Information
1. Name of Municipality/Pool: Ontario Aquatics Center
2. Pool Location: 790 SW 3rd Avenue, Ontario, OR 97914
3. Size: 25 meters long, 45 ft. Wide, deep end 6ft. Shallow end 3.5 feet
4. Is pool enclosed by: fence hedge Other Swimming Pool is indoor enclosed by building
5. Is depth conspicuously marked on sides of pool? Depth painted on Pool edge deck and along east wall
6. . Is there a diving board? No
a. Height of Board(s): N/A
b. Depth of water in diving area(s): No diving board-deep end 6 feet
7. What are the normal hours of operation? Mon-Thurs- open 5:30 am -9:00 pm, Friday open
5:30 am - 6:oo pm, Saturday open 7:00 am - 9:00 am, re-open 2:00 - 8:oo pm, closed Sunday
8. Is pool area adequately lighted? Yes on pool area
a. Underwater lighting adequate No, underwater lighting is not functioning
9. How frequently is water tested for quality? Water tested every 2 hours.
a. How are water quality tests recorded? Test recorded manually on State Health Recording record Sheets
1 0 . Is water continuously circulated, filtered and treated? Yes
11. Are life rings, shepherd's crook conveniently provided? Yes as are rescue tubes
12. Is trained lifeguard always on duty when pool is open? Yes, certified and trained Lifeguard always on duty when pool open.
a. What is the ratio of lifeguards per average attendance at pool? Minimal ratio 1/25
b. Is lifeguard station at poolside? Yes, multiple stations poolside
13. Is attendant always on duty when pool is open? Yes
14 . Are unattended children allowed use of pool? Children under 6 years of age must be accompanied by someone 14 or older that stays by their side.
a. At what age are unattended children allowed to use the pool? Age 6 may visit pool unattended
15. Are adequate rules clearly posted? General rules are posted on east wall
16. Describe surfaces adjacent to pool (concrete, tile, wood, etc.) Concrete
a. Is non-slip material provided? No non-slip materials
17. Is food or beverages allowed inside pool area? No food or beverage except bottled (no glass) water
Is area clean and free from trash, litter, bottles, cans, etc. Yes
18. What other recreational devices are at the pool? None
40. Rotating shaft on pump in control room needs guard .
39. As typical with aquatics centers, there was standing water on the floor in the locker rooms. There are slip resistant mats on parts of the floor in front of the benches and lockers, but not in the walkways into the locker room or in showers. Consider long term changing all of walking surface to slip resistant tiles designed for swimming pools and/or purchasing rubber matting for entire area. There are signs on the walls of the locker rooms stating "slippery when wet" to warn patrons of the water on the floor and the potential slipping hazard.
protection information at http://www.orosha.org/subjects/respiratory protect io n.html and confined space n at htt p://www.orosha.org/subjects/con fined spaces.ht ml.
37. General cleanliness in the locker rooms/bathrooms needs to be addressed .
38. Ceiling drywall is deteriorating from the moisture in the building. Consider a ventilation system in the locker rooms and swimming pool area to reduce moisture and condensation, which is deteriorating the ceiling and corroding the metal.
35. Pool testing reagents are being stored in the same fridge as food. A separate refrigerator should be used for testing samples or anything that might have contaminants or chemicals.
36. There is an SCBA located in the chlorine mixing room which is not being used, maintained or inspected. An SCBA is not required to be used with sodium hypochlorite but may be needed for rescue for the permit required confined space. Rescuers need to be trained on confined space rescue and practice the rescues regularly. Ensure that if the SCBA is used for this purpose, that it is inspected and maintained as required. See respiratory
c. Rough edges were exposed because of broken protective housing on the elliptical machine and others. This could create laceration exposure for those using the machine who hit their foot/leg against the rough edge . Replace or take out of service .
b. Some cushions were coming off. Replace.
33. Microwave in the staff room had things piled up and around it. Nothing should be stored on or around the microwave as this could create a potential fire hazard.
34. Gym/ workout facility- entrance allowed into this area with the facility use fee. Equipment needs to be cleaned on a regular basis, as well as inspected and maintained regularly. Currently no preventative maintenance is being done. No waivers are signed prior to patrons using the weight/ workout area. Consider having a waiver developed stating patrons use the equipment/area at their own risk and that they need to be aware of their own physical limitations and medical conditions. Have your city attorney assist with developing this waiver. While it does not completely protect the city, it will assist in limiting some liability.
a. Some of the protective covering on the cables for the pulleys on the exercise machines/weights were fraying. Ensure cables are inspected and replaced when damaged to prevent potential failure of the pulley system/ injury to the individual working out.
30. Install guarding on the back half of the item shown in the photo below on the left and close cover on electrical junction box shown below.
31. Secondary bottles (i.e. chemicals that are moved from their primary container to another container, such as items mixed in a spray bottle or that are bought in bulk in large quantities and poured into another container for use) need to be appropriately labeled with the name of the chemical, the hazards associated with those chemicals and first aid treatments (per OR-OSHA regulations). See hazard communications regulations at
32 . Staff room/ office - there was a fire extinguisher laying on the counter rather than mounted on the wall as it needs to be. See OR-OSHA fact sheet on fire extinguishers at htt p://www.orosha.o rg/pdf/pubs/ fact sheets/fso7 .pdf.
checking to see if this tank is covered under our boiler and machinery coverage, and if this tank has been inspected by the state inspector or our boiler/machinery company.
28. Typically areas that have a chlorine exposure (or sodium hypochlorite) require a fire suppression system and a ventilation system. Neither of these are present in the chlorine mixing room.
29. The City contracts out mechanical/electrical services at the aquatics center. Let Yorick know that any contractors doing work on city property or buildings need to be made aware of any hazards they might be exposed to during that work (per OR-OSHA regulations).
26. Neither the hoist or harness used for retrieval (see above) or the hoist to lift and lower handicapped individuals into the pool are inspected or maintained on a regular basis (which they should be).
27. The main pool water filter tank (which is pressurized) is rusted on the side and is actually deteriorating . This needs to be inspected and probably replaced as the tank could explode under pressure if the tank structural integrity is compromised by the deterioration. I am such should be treated appropriately. The pit should be gas tested for oxygen and other gas levels before entering the pit. Two people should be present when entrance is made. The access point to the pit is narrow and difficult to get to, causing potential for someone to lose their balance or slip. Reevaluate the setup of the sodium hypochlorite tanks and entrance point. See OR-OSHA confined space requirements at
22. Emergency showers are also required where employees might come in contact with chemicals (such as sodium hypochlorite). The emergency shower and eye wash need to be within a short distance from where the mixing or chemical exposure is. See OR-OSHA fact sheet on emergency showers at
23. The MSDS binder has not been inventoried and updated in quite some time . Make sure that chemicals are inventoried at least every year and MSDS sheets are kept current. Any MSDS sheets for chemicals that are no longer used need to be retained for 30 years per OR-OSHA requirements for occupational illnesses. Create a table of contents and ordering system for the MSDS sheets so that in case of emergency, the one the employee needs is easy to locate. Keep the MSDS sheets in a location readily accessible by staff and ensure that employees who are using these chemicals are trained on the hazards associated with them, the PPE needed when using the chemicals, and the first aid if exposure occurs. See OR-OSHA hazard communication requirements at
24. Lights in the storage room should have protective covers or sleeves to prevent breakage when items are being moved around in the storage room. Install sleeves or covers over the lights.
25. Pit in chlorine mixin g room - there are employees that are required to go into the pit, which is approximately 8 feet deep. Access is off the area of the sodium hypochlorite tanks and is difficult to get to . The sodium hypochlorite tanks area situated adjacent to and above the tank. This would be considered a permit required confined space and as
2 0 . Tile is missing on the drainage area shown below, causing a potential area for someone's finger or foot to become entrapped in the gap. Also, even with though staff try to keep the edges filed down, they can be sharp and cause a laceration on to someone body. Reinstall tile over the concrete edging to eliminate the hazard.
21. There is no working eyewash in the aquatics center. One needs to be installed in areas where chlorine tablets are being used and any location where employees might come in contact with chemicals (i.e. chlorine mixing room). In buildings where there is available plumbing, the eye wash is required to be pl umbed . There was a portable eye wash in the storage room which was dirty and not in us e. Recommend removing t his . See eyewash fact sheet htt p://www.o ros ha. org/pdf/pubs /fact sheets /fso2.pdf.
16. Ensure that appropriate foot protection is worn when staff enter control room and chlorine mixing room (i.e. not flip flo ps).
17. . Goggles and filtering face mask were dirty . Keep goggles cleaned regularly and change out face shield /goggles/other PPE regularly (face mask more than one time per month, which is the current procedure).
18 . The re are no signs around the pool decking or on the walls that says "Please walk - decking is slippery when wet". Strongly recommend painting this on the decking and/or installing signs on the walls around the pool.
19. Repaint the lap li nes on the bottom of the pool to allow individuals sw imm ing some directional orientation as to where they are in the pool.
14. The side door was propped open during the day to allow staff to enter the building. This also allows access by uninvited or unwanted individuals. Also staff may not easily see individuals entering this door (as opposed to people entering from the front door). I would recommend securing this door from the exterior of the building to eliminate people from coming in this door. This will redirect the public through the front doors. If entrance through this door is needed by staff, install a lock on the exterior of the door and provide a key to staff (or put a keypad entry). This door will need to have a panic bar that will allow exit from the interior of the building (or a door knob that unlocks when turned).
15. Noise seemed to be an issue in the control room and chlorine mixing room. Conduct noise testing in this area to determine if this falls below the 85 decibels over an 8 hour TWA. Recommend hearing protection in this area when pumps are running either way.
10. Emergency lights on the walls are not functioning. The aquatics center is open during hours of darkness, so emergency lights need to be repaired or replaced since there is no generator for power backup. Also, exits signs need to be lit to show the route out of the building in case of an emergency.
1 1 . There were holes in the concrete decking around the pool for poles. Find something that will adequately plug the holes when the poles are not in place
1 2 . Apparently the roofing on the aquatics center was not ins ta lle d properly over the years and is sagging. Have it assessed to determine if it is structurally sound and if the roofing needs to be stripped down and redone correctly to eliminate any potential water damage to the building.
13. The changing table for handicapped individuals does not have the load rating on it (i.e. how much weight it and the mechanisms securing it to the wall will hold). Ensure this amount is determine based on the in format io n provided from the manufacturer with the ta ble during the time of purchase (since the brackets used came with the table) and post it above the table to ensure that amount is not exceeded.
8. Some sort of substance is running down the wall and piping systems, and should be cleaned up
9. Lifeguard stands are old and rusty. Legs stick out at bottom and staff has put plastic cones over them to keep people from tripping over them. Consider purchasing new ones that are sturdy plastic/resin and that bolt down to the decking (to prevent potential tipping over when the lifeguards climb up and down the stand).
5. Cracks around the base of the walls in the swimming pool area . Ensure the structural integrity of the wall is not compromised.
6. Urinal in the men's locker room was broken and covered with black plastic. Repair so that it is operational.
7. Spectator bleachers are dirty and needing to be cleaned on a regular basis.
do a fund raising activity for the pool (which could include donations by the public or local businesses of paint, benches, etc.). Check with the State of Oregon Parks Department for possible grants. CIS Risk Management Incentive funds that will be implemented in July 2013 could be utilized for safety related items/improvements.
3. There is no ventilation system inside the building to reduce the moisture. As a result, there is discoloration on the beams in the ceiling, drywall is peeling (and at some points falling into the pool), and metal is corroding. Consider the installation of an appropriate ventilation system in the building.
4. Overall building condition and cleanliness - general condition of the building appears that there is a lack of general maintenance/ cleaning.
a. Would recommend some aesthetic improvements such as patching holes in drywall, cleaning, possibly replacing benches in locker rooms with plastic benches that are easier to disinfect and last longer, replacing old iron hooks for swimming suits (located by the hot tub) with something newer and noncorrosive, repainting interior of building.
b. The general appearance of facility could be improved relatively easy and somewhat inexpensively, especially if you solicit volunteers from the community or 1. Entrance to Building- shoe cleaning brush poses potential tripping hazard and cut hazard. Consider removing.
2 . Ceiling inside entrance to building - electrical wiring conduit is pulling away from the ceiling. Re-secure.
POOL PROGRAM INSPECTION REPORT
Malheur County EnvironmentaJ Health 251 B St West, Box 9 Vale, OR 97918
(541) 473-5186
Owner Name:
CITY OF ONTARIO
ONTARIO AQUATIC CENTER POOL 790 SW 3RD AVENUE
ONTARIO, OR 97914
Inspection Type: SEMI Inspection Result: COMPLD
Establishment #: 2340010 Units:
County: 23
Area: 60
ONTARIO AQUATIC CENTER POOL 444 SW 4THAVENUE
ONTARIO, OR 97914
Phone: (541) 889-7946
Inspector: Eric Evans
StartDateffime: 7/26/2013 at 11:31:33 AM
NOTICE OF INSPECTION: AN INSPECTION OF THE ABOVE-NAMED FACILITY WAS CONDUCTED ON THIS DATE TO ASCERTAIN COMPLIANCE WITH OR 448.005- 448.090 AND RULES OF THE OREGON HEALTH AUTHORITY PERTAINING TO PUBLIC SWIMMING POOLS AND PUBLIC SPA POOLS. FAILURE TO CORRECT ITEMS LISTED BELOW MAY RESULT IN SUSPENSION, REVOCATION OR DENIAL OF THE PERMIT OR LICENSE ISSUED UNDER ORS 448.030 or448.035.
Free Chlorine (0.8-5.0 ppm): 2.
Bromine (3.0-8.0 ppm):
Combined Chlorine (0-.5 ppm): 0.8
Cyanuric Acid (0-150 ppm):
Total Alkalinity (80-200 ppm): 60
Hardness (175-400 ppm):
Inlet Pressure: 53 Outlet Pressure:
ORP mVolts (750 mVolts for Cl- and 700 mVolts for Br-
Temperature(F): 85
Clarity (Y/N): Y
250 pH (7.2-7.6): 7.3
21 Flow Rate: 0
VIOLATION OF OAR 333-060-0155 (1) The flow meter ls absent, not Installed properly or inoperable.
Flow meter not working properly.
Install and maintain a flow meter in the re circulation piping, measuring flow in gallons per minute. Mount the flow meter per manufacturer's recommendation in a location where it can be easily read, and on a length of straight pipe.
Please fix/repair flow meter.
-The American's with Disabilities Act requires ALL pools to have a lift. Make sure all pools have a lift.
-Make sure that all lifeguards are certified. -Make sure that you have a CPO on staff
Site Report Generated: 7/26/2013 12:03:02 PM
NOTICE ON THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT. This Federal law applies to ALL public pools. The compliance date was December 19, 2008. After this date, any public pool open for operation must comply with the Act or risk Federal enforcement action. Please go to http://cpsc.gov/businfo/vgb/poolspa.aspx to find the most current information. Because this is a Federal law, local agencies cannot verify equipment, installation nor enforce compliance at this lime. Pursue compliance with reputable
Person In Charge Inspection By: Eric Evans
.,
POOL PROGRAM INSPECTION REPORT
Malheur County Environmental Health 251 B St West, Box 9 Vale, OR 97918
(541) 473-5186
Owner Name:
CITY OF ONTARIO
ONTARIO AQUATIC CENTER TRAINING POOL 790 SW 3RD AVENUE
ONTARIO, OR 97914
ONTARIO AQUATIC CENTER TRAINING POOL
444 SW 4TH AVENUE
ONTARIO, OR 97914
Inspection Type: SEMI Inspection Result: COMPLD
Establishment#: 2340011 Area: 60
Units: l
County: 23
Phone: (541) 889-7946
Inspector: Eric Evans
Start Date/Time: 7/26/2013 at 12:03:13 PM
NOTICE OF INSPECTION: AN INSPECTION OF THE ABOVE-NAMED FACILITY WAS CONDUCTED ON THIS DATE TO ASCERTAIN COMPLIANCE WITH OR 448.005- 448.090 AND RULES OF THE OREGON HEALTH AUTHORITY PERTAINING TO PUBLIC SWIMMING POOLS AND PUBLIC SPA POOLS. FAILURE TO CORRECT ITEMS LISTED BELOW MAY RESULT IN SUSPENSION, REVOCATION OR DENIAL OF THE PERMIT OR LICENSE ISSUED UNDER ORS 448.030 or448.035.
Free Chlorine (0.8-5.0 ppm): 3.
Bromine (3.0-8.0 ppm):
Combined Chlorine (0-.5 ppm): 1.0
Cyanuric Acid (0-150 ppm):
Total Alkalinity (80-200 ppm): 90
Hardness (175-400 ppm):
Inlet Pressure: 10 Outlet Pressure:
ORP mVolts (750 mVotts for Ct- and 700 mVolts for Br-
Temperature(F): 89
Clarity (Y/N): Y
200 pH (7.2-7.6): 7.0
3 Flow Rate: 0
VIOLATION OF OAR 333-060-0115 All Public Pools must be operated with a continuous overflow to skim the dirt and debris off the surface of the pool.
The skimmers are not currently working.
Provide continuous overflow through the skimmers or over the gutter.
Please fix this ASAP!
VIOLATION OF OAR 333-060-0115 (2) The skimmer weir is missing.
Weirs are missing or are broken.
Replace the missing or damaged skimmer weir. To properly skim the surface of the pool, the skimmer must have the skimmer weir installed and have a skimmer basket. The flow through the skimmer must be sufficient to suction the dirt out of the skimmer to the filter, this requires at least 30 gpm per skimmer.
Please fix replace weir.
VIOLATION OF OAR 333-060-0115 (2) The skimmer basket ls missing.
No skimmer basket.
Install the skimmer basket. The skimmer basket is important to catch the big chunks of debris before the water returns to the pump. These chunks can block the suction line, plug the strainer, and damage the pump or strainer basket system.
Replace.
Establishment: 2340011 Inspection Type: SEMI
Page 2 of 2 StartDate/Time: 7/26/2013 at 12:03:13
Site Report Generated: 7/26/2013 12:12:19 PM
NOTICE ON THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT. This Federal law applies to ALL public pools. The compliance date was December 19, 2008. After this date, any public pool open for operation must comply with the Act or risk Federal enforcement action. Please go to http://cpsc.gov/businfo/vgb/poolspa.aspx to find the most current information. Because this is a Federal law, local agencies cannot verify equipment, installation nor enforce compliance at this time. Pursue compliance with reputable
Person In Charge Inspection By: Eric Evans
SPA INSPECTION REPORT
Malheur County Environmental Health 251 B St West, Box 9 Vale, OR 97918
(541) 473-5186
Owner Name:
CITY OF ONTARIO
ONTARIO AQUATIC CENTER SPA 790 SW 3RD AVENUE
ONTARIO, OR 97914
Inspection Type: SEMI Inspection Result: CONTIN
Establishment#: 2350012 Units: I
County: 23
Area: 62
ONTARIO AQUATIC CENTER SPA
444 SW 4TH AVENUE
ONTARIO, OR 97914
Phone: (541) 889-7946 x
Inspector: Eric Evans
Start Date/Time: 7/26/2013 at 12:12:35 PM
NOTICE OF INSPECTION:
AN INSPECTION OF THE ABOVE-NAMED FACILITY WAS CONDUCTED ON THIS DATE TO ASCERTAIN COMPLIANCE WITH OR 448.005- 448.090 AND RULES OF THE OREGON HEALTH AUTHORITY PERTAINING TO PUBLIC SWIMMING POOLS AND PUBLIC SPA POOLS. FAILURE TO CORRECT ITEMS LISTED BELOW MAY RESULT IN SUSPENSION, REVOCATION OR DENIAL OF THE PERMIT OR LICENSE ISSUED UNDER ORS 448.030 or 448.035.
-Free chlorine is greater than l0ppm. Close the pool until free chlorine is less than l0ppm.
Free Chlorine (1.5-5.0 ppm):
Bromine (3.0-8.0 ppm):
Temperature(Max
Combined Chlorine (0-.5 ppm):
Cyanuric Acid (30-150 ppm):
Clarity (Y/N):
Total Alkalinity (80-200 ppm):
Hardness (175-400 ppm):pH (7.2-7.6):
Inlet Pressure:
Outlet Pressure:
Flow Rate:
ORP mVolts (750 mVolts for Cl- and 700 mVolts for Br-
Site Report Generated: 7/26/2013 12:13:58 PM
NOTICE ON THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT. This Federal law applies to ALL public pools. The compliance dale was December 19, 2008. After this date, any public pool open for operation must comply with the Act or risk Federal enforcement action. Please go to http://cpsc.gov/businfo/vgb/poolspa.aspxto find the most current information . Because this is a Federal law, local agencies cannot verify equipment, installation not enforce compliance at this time. Pursue compliance with reputable
service companies if necessary. Maintain documentation of compliance onsite and available
Person In Charge Inspection By: Eric Evans
Aquatics Center Preliminary Summary Report
8/13/2013
Brad Howlett FMP,cPo,AFo
PURPOSE:
1. identify compliance issues in the Aquatics Center
2. Identify potential liability issues to the City of Ontario stemming from the Aquatics Center
ASSUMPTIONS:
• The pool was built in compliance with all applicable building codes at the time of construction.
BACKGROUND:
The Ontario Aquatics Center is a municipal facility intended to provide local adults and youth a place to swim, exercise, and play. Historically it has been subsidized by the general fund and operated under the guidance of the Parks and Cemeteries Manager. Recently it has been identified to have some operational hurdles that need to be remedied in order to continue to operate.
SUMMARY:
Many safety issues are apparent during a cursory inspection. Two reports have been submitted and identify safety and code non-compliance issues, one report was created by Lisa Jacobson with ARM (a risk management consultant), the other report was created by Eric Evans with the Malheur County Environmental Health Department. Both reports cite code violations and safety issues and come from third parties, and were created independent from the other. Both authors deal exclusively in risk management and compliance, and can be considered industry experts. However, the Aquatics Center is still open to the public and has not changed its basis of operations.
The City of Ontario recently hired a Facilities Manager with extensive background in managing pools and health club operations, and is a Certified Pool Operator and certified Aquatics Facility Operator. He has prepared this report to put on record the current state of operations at the Aquatic Center. In its current state, the facility is unsafe for employees, public, and contractors. Overall, the building and systems appear to have been neglected for several years. After interviewing the staff over the course of two weeks it was determined that the staff does not have the proper training to handle the daily functions of a pool or spa. Upon initial inspection (08/01/2013) several code issues and safety issues were observed.
The breaches of Federal and State codes were:
• Spa main drains were not visible from the deck due to foam on water surface
• Spa had zero chlorine residual yet was open
• Air in the natatorium was not being exchanged
• Humidity in the natatorium exceeded legal parameters
• Exit doors were not secure from the outside
• Two gates were not secured which allowed direct access to pool room
• No ADA entry/egress lift
• Showers not ADA compliant
• Flow meters non-functional
• PSI gauge on suction side of pump
• Chemicals intermingled with other chemicals
• Chlorilmines above legal limits
• Cyanuric acid present in water samples
• Chemical test kit unable to test the legal minimum set of parameters
• Leaking sand filter, structurally compromised
• Chemical test records indicate that chlorine and Ph is being tested too frequently*
• Alkalinity and calcium hardness were not being monitored weekly*
• Mechanical room door was propped open due to lack of air flow*
• Loose handrail at spa stairs*
• Minimum filtration requirements not being met, as evidenced by sand in the training pool
*Indicates breach of Oregon State pools and lodging code
Correcting these issues under the current staffing model is likely not feasible. The facility lacks a dedicated employee who is knowledgeable in aquatics center operations and standards, who is capable of taking preventative and corrective action as the systems, environment, and customer volume change. Currently lifeguards hired through a temp agency and two City employees who supervise lifeguards perform the maintenance to the systems, test and balance the water, handle hazardous material, and have no past training on water quality, sanitation, or indoor pool environments. When they need help with mechanical issues they call on the City of Ontario cemetery sexton.
It is standard in the Aquatics industry to h;:we a minimum of one employee per facility whose primary responsibility is the care and upkeep of the pools, their systems, and the aquatics facility. At this point in time there is no such person employed by the City of Ontario to handle such matters to the extent that code requirements are met and safety issues are addressed expeditiously . To satisfy legal and safety issues, a person must be hired to perform these specific functions or a licensed pool and spa service company must be contracted to perform these responsibilities on a daily basis.
The City Staff has been informed by a risk management expert that the facility is unsafe, with specific instructions on what needs to be done. Since the City has not exercised due diligence in regards to public and employee safety at the facility, it could be considered "gross negligence". If the city is operating under gross negligence, the insurance carrier can drop the policy and coverage of any incidents stemming from the conditions found to be caused by negligence. This puts the liability of operating an aquatics facility solely on the City of Ontario and defeats the mechanism used to shift responsibility of risk.
OSHA has a tour scheduled for the 21st of August, 2013. While this tour is intended to not result in citations or closures, the risk of OSHA identifying safety issues in the Aquatics Center is likely. The spirit of the tour, and the purpose of the tour is to aid in the correction of safety and compliance issues. That
does not restrict OSHA from exercising its responsibility to take immediate action on unsafe conditions using the methods and mechanisms prescribed by federal law. Wit_h the code violations being as apparent as they are, retaliatory action must be considered.
CONCLUSION:
With the conditions repeatedly being made known to the City of Ontario from internal and external sources over the course of time, immediate action is required. The City has made improvements in overall operations at the Aquatics Center over the course of this season, but has not yet been able to secure the organizational commitment of resources to fully rectify the conditions found to be unsafe and non-compliant with national and state code. It is the recommendation of the Facilities Manager to close the facility immediately for the purpose of further studying the financial feasibility and demands of operating the City of Ontario Aquatics Facility.
Brad Howlett - Re: The report I mentioned
From: To: Date: Subject: CC:
Bob Walker Brad Howlett
8/19/2013 1:04 PM
Re: The report I mentioned Jay Henry
Brad,
We will not close the pool until Sept. 7, 2013. Any consequences as related to compliance/health issues at the Aquatic Center will be on me as I have instructed you that the pool will not be closed. We will shut down the training pool however.
If you have any questions, please let me know.
Bob
<Bo6 Wa{k§r
444 SW 4th Street Ontario, OR 97914
541-881-3231
cell 208-880-1345
>>> Brad Howlett 8/15/2013 10:12 AM >>>
Here is the report from the risk management expert I referenced in my prior email about the Aquatics Center. I'm not sure if you had seen this or not so I needed to pass this on. I will scan the report from the health inspector and get it to you before the end of the day for your review.
Any guidance you can give me on the aquatics center compliance/health issueswould be appreciated. Oregon State law makes me responsible for closing the pools when code isn't met, so I'm in a tight spot between being new at the job and wanted badly to be a good employee, and being a good steward to public safety and obeying the law. I know it's a hot political topic, but public safety and health is at risk. I really need some help in navigating the political waters to find a solution.
Any attention you can give this matter will be greatly appreciated. Thanks again,
Brad Howlett Facilities Manager City of Ontario
541-889-4814office
