SPN FEB 2010 COMPLETE EDITION:SPN 2010 21/01/2010 06:34 Page 95
CALIFORNIA FACES UP
TO A ‘YEAR OF CRISIS’
RECORD 8 MILLION
IN BRIEF
This may be a year of crisis – or
that’s the way the Californian
specialist trade is looking at things.
DOLLAR AWARD FOR
Possible expansion of the state FIBREGLASS MARKET
sales tax to services, additional
POOL DIVING INJURY
HITS THE WALL IN THE US
entrapment issues with the Pool & A record number of fibreglass
Spa Safety Act changes to drain A lawsuit has resulted in an where you have … what we pool manufactures and
requirements, and water US$8.1m judgment, an amount considered to be an almost distributors have gone to the
conservation legislation are all that’s been called one of the deceptive type of pool, there wall in the United States. The
threats to the trade in the highest awards for a pool- should have been something losses in the market in the
‘sunshine state’. related case in the United that alerted the individual … second half of 2009 have been
SPEC (California’s Spa and Pool States. that it’s not the typical shallow seen as an obvious problem in
Industry Education Council) has In July 2001, Don Duffy went end and deep end,” he the US pool market place which
been stressing the issues in a bid to a friend’s house in Chicago in continued. has had a dramatic slow down
to remind members of the the early hours. The then-22- The defendants argued that on new pool construction.
problems ahead in 2010. year-old Irish immigrant dived play pools and sports pools are While some larger fibreglass-
A new study predicts California into what he thought was the fairly common. pool players have gone into
will have another $21bn budget deep end of his friend’s pool. “The primary argument was Chapter 11 bankruptcy in the
deficit in 2010 and $83bn in However, the vessel was that the plaintiff admittedly did United States, smaller
budget deficits over the next four shallow at both ends and deep not know the depth of the water manufacturers have been
years. The pool industry therefore in the middle. Duffy hit his into which he was diving. Many closing their doors.
expects taxes to be raised head, leaving him critically cases have been ruled upon by The closure of Ocean Reef
significantly and the impact on injured with only some use of the appellate court in which has left some to speculate
small and medium businesses is his arms. they held that the danger of about the health of a sector
thought to be a serious threat. Duffy sued the homeowner, diving into water of unknown almost entirely dependent on
The pool industry is also along with pool builders Black depth is an open and obvious new construction.
vulnerable to water problems. Oak Pool & Supply and the vinyl- danger of which there is no duty “If you had 13
Every city and county in liner manufacturer, Latham to warn.” manufacturers sharing in
California, defines pools and spas Plastics. He was seeking $31m to Black Oak Pool & Supply had 15,000 pools in 2006, then
as water features. An example of $45m. A settlement was made provided the owners of the there’s just not enough food
how critical this issue is: San out of court. relatively new pool with signage on the table in 2009 at 5,000
Diego County has a drought plan Duffy said he had reason to and discussed the importance of pools for 13 manufacturers to
in place that requires water believe the water was deep. diving safety, but the share,” said Ashley Gill, Chief
features to be shut down in a Before diving, he had spent time homeowners did not post the Executive of Leisure Pools USA.
drought alert. This now includes in the other end of the pool and signs. It was inevitable that some
pools and spas. felt the floor slope downward. In But Duffy’s attorneys argued a manufacturers would close and
SPEC is considering legislation addition, he noticed that one straight product liability case, the trend is understandable
to remove pools and spas from side had stairs and railings, classifying Black Oak as a considering the historic
the definition of “water feature” while the other had a ladder manufacturer such as Latham. It downturn the industry has
under the state’s mandatory normally associated with a was the builder’s job to post the undergone in the past 12
water conservation. pool’s deep end. signs, Latham should have months.
The Virginia Graeme Baker Pool “The reasonable conclusion printed warnings on the liner,
and Spa Safety Act on entrapment would be that the other [end] rather than providing stickers
is also a thorn for the industry. A was deep,” explained the and literature. AND FIBREGLASS ‘GIANT’
new amendment to the bill will plaintiff’s attorney Martin In the end, Duffy and Black FILES FOR BANKRUPTCY
propose legislation in California Healy. Oak were each found to be 50% The largest fibreglass pool
in 2010 to install vacuum “Under NSPI, there is no at fault, and Latham was found manufacturer in the United
breaking devices on new pools. requirement for signage, but fault-free. States has filed for bankruptcy.
American Environmental
Container, a Florida based
company that sells products
CANADIAN CITY BUILDS ITS
near the existing Lawson under the San Juan Pools trade
Aquatic Centre, which will be name, submitted the filing in
LEISURE FUTURE ON SWIMMING
replaced following 2020; the US Bankruptcy Court in
• Maintenance and improvements Tampa. The implications of the
Regina the capital of people of Regina by offering to swimming facilities and action will be felt in Europe as
Saskatchewan in Canada has been them a long term plan which is access in all leisure and local well as the United States as the
recognised as being one of the built on making the use of authority pools company supplies dealers and
first cities in the world to develop existing facilities and seeing • Replacement of an outdoor sub contractors in the UK and
a recreational plan totally water and its use in leisure city-wide aquatic park, throughout Europe.
devoted to swimming facilities. activities as fundamental to the complete with a spray pad and With a network of some 500
The city has released a leisure its future. accessible playground. dealers across all 50 states, as
facility plan offering The plan, which spans from 2010 well as Canada and Europe, the
recommendations on upgrades, to 2020, was developed through firm has approximately 20- to
additions and maintenance for research, analysis and consultation 25% of the US market for
aquatic and other recreational with internal and external partners fibreglass pools, according to
facilities. All its focus is on making and the general public. court documents.
swimming and the use of water Among the aquatic facility AECC, which has three
therapies for the benefit of recommendations: manufacturing plants in Florida,
residents. • Establishment of a new city- Arizona and Indiana, is owned
It has been acknowledged as a wide indoor leisure and by Kirk and Todd Sullivan.
‘unique plan’ to cater for the competitive aquatic centre
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