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Sept. 16, 2020
 
 
 
 
PHTA's website will be unavailable beginning Wednesday, September 16 until the end of the day on Thursday, September 17. We apologize for any inconvenience. If you need immediate assistance, please contact memberservices@phta.org.
 
 
 
 
EDUCATION
 
 
2018 International Swimming Pool & Spa Code Online Training
States and jurisdictions across the country have adopted the 2018 International Swimming Pool & Spa Code (ISPSC), with more jurisdictions currently in the process of adopting the code.

The ISPSC is a comprehensive pool and spa code concentrating on all aspects of pool and spa design and construction. To ensure industry professionals and inspectors have a clear understanding of what the ISPSC requires, PHTA is offering two virtual classes that provide you key information on code definitions, ICC/APSP/ANSI standards, and issues such as entrapment, TDH, sanitation, disposal, and storage.

September 21 and 23
Held each evening from 6:00 p.m. - 9:00 p.m. CT | REGISTER TODAY (Registration closes on September 17)

November 17 and 19
Held each evening from 6:00 p.m. - 9:00 p.m. CT each day | REGISTER TODAY

Each two-day class is $299 and includes the ISPSC 2018 Code and Commentary Book.
 
 
SPONSORED CONTENT
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• Swimming PoolTV Episode 1: Why Chris Owens is doubling down on the FiberGlass Pools Market
 
 
GENESIS Training Coming to a Screen Near You
This November, GENESIS is hosting several virtual trainings to help you get a head start before the season begins next year. This week we are highlighting the following programs:

D280: History of Pools and Water Features
October 20, 22, 26, 28 (6:00 – 10:00 p.m. CT nightly) Taught by Kate Wiseman, MLA, this course will guide you through the world's most renowned swimming pools and water features from ancient (the world's first known swimming pool), historical (Versailles), to today's contemporary installations (Marina Bay Sands; Amangiri Resort, Utah). We'll identify the who's who of today's most influential water feature designers and why this knowledge is necessary to relate to your clientele. REGISTER TODAY

C201: GENESIS Construction School: Concrete Pools
November 9-12 (6:00 – 10:00 p.m. CT nightly) Taught by Greg Andrews Terry Brannon, P.E., and Randy Dukes, this 4-day, 16-hour virtual school encompasses all of the necessary disciplines for building a structurally sound water vessel. Topics covered within the school include site analysis, introductory fluid engineering, geotechnical and structural engineering that includes a review of difficult sites, shotcrete, waterproofing, tile, interior finishes, coping, and concrete decking. The course concludes with an interactive walkthrough of a complex project from start to finish. This program is designed to move each student through all phases of concrete pool construction in great detail, unlike anything else offered in the industry. This course fulfills a requirement to become a GENESIS® Associate member. REGISTER TODAY
 
 
Call for Webinar Presenters
Our educational program is growing to include a robust schedule of webinars. As we look to expand the range and breadth of programming, who better to learn from than our members?

Whatever your line of business, you have a lot of expertise to share that will help your industry colleagues do their work better, smarter, faster.

We invite you to join us in our commitment to deliver timely, relevant and engaging information to the PHTA membership. If you would like to be considered as a webinar speaker, please complete the submission form by October 12. If you have any questions about this form or webinars, please contact the Education department.
 
 
PRODUCT SHOWCASE
Umbrellas Made for the Pool

Fiberlite Umbrellas provide stress-free shade. These customizable umbrellas will never warp, rot or rust – even directly in the pool – thanks to a patented, all-fiberglass frame design, solid ribs, marine-grade fabric and an industry-best, five-year warranty. Cabanas, pavilions and pool accessories also available. 100% Made in the USA.
LEARN MORE
 
 
STANDARDS
 
 
PHTA Seeks User-Consumer Participants for Standards Consensus Committee
PHTA has expanded its interest categories and is currently seeking User-Consumer interest category participants to serve on the Standards Consensus Committee (SCC) official consensus voting body. The SCC is responsible for reviewing and voting on all pool and hot tub performance standards to be approved by the American National Standards Institute (ANSI).

The User-Consumer interest category is defined as "any individual/entity that uses swimming pools, spas, swim spas, and hot tubs or components. This includes but is not limited to homeowners, owners or operators of, or service professionals engaged with, swimming pools, spas, swim spas, or hot tubs, or members of consumer and public safety advocate organizations."

"There are approximately 10.4 million residential pools in the United States and the expansion of our interest categories demonstrates the industry's commitment to providing an avenue for consumers to provide input on our consensus standards," said PHTA Director of Standards Susan J. Hilaski. "User-Consumer participation is vital to the success of our standards development process."

To be considered for a User-Consumer position on the SCC, applicants must complete the SCC Application Form by September 25, 2020 and adhere to PHTA's Procedures for American National Standards, Antitrust Policy, and Volunteer Code of Conduct. For more information about the ANSI standards development process or SCC, please contact standards@phta.org or visit the PHTA Participate in Standards webpage.
 
 
 
 
ADVOCACY
 
 
COVID-19 Orders & Measures
Michigan: This order mandates that all businesses requiring employees to leave their homes for work must at a minimum: (a) Develop a COVID-19 preparedness and response plan consistent with recommendations in OSHA's Guidance on Preparing Workplaces for COVID-19 (available here). Within two weeks of resuming in-person activities, the business must make their plan readily available to employees, labor unions and customers via website, internal network or hard copy. (b) Designate one or more worksite supervisors to implement, monitor and report on the COVID-19 control strategies. The supervisor must remain on-site at all times when employees are present. An on-site employee may be designated to perform the supervisory role. There are additional requirements outlined within the measure. If you are based in Michigan and requiring employees to work on-site, you should carefully review this measure.

Virginia: This order continues the suspension of state code provisions to allow individuals to wear a medical mask, respirator or any other protective face during the COVID-19 public health emergency. Effective September 10, this order will remain in force until amended or rescinded by further executive order. Additionally, all public and private in-person gatherings of more than 250 individuals are prohibited. A "gathering" includes indoor or outdoor parties, celebrations and other social events. However, 250+ individuals performing employment functions is not considered a "gathering." Individuals may attend religious services if social distancing guidelines are observed.

New York: This proposed legislation would designate residential construction, not in excess of three stories, as an essential business during the COVID-19 state disaster emergency. The measure was introduced in the Assembly on 8/18 and amended on 9/9.

New York
: This order permits indoor gatherings of 50 or fewer people as long as they do not exceed 50% of the facility’s maximum occupancy. The gatherings also must take place in a region cleared for phase 4 of reopening. This measure has been extended again until October 11.

South Dakota: The Interim Joint Agriculture and Natural Resources Committee met on September 14, 2020 to hear public testimony on COVID-19’s impact on South Dakota individuals, businesses and organizations, including suggestions about the use of federal COVID-19 funds.

Visit PHTA's website for ongoing COVID-19 updates, reopening resources and guidance.
 
 
 
 
Update on COVID-19 Liability Bills
Michigan: This measure shields an employer from liability if an employee catches COVID-19 under certain specific conditions. Employers are not liable for an employee's contraction of the disease if all the following conditions are met: (a) The employee was exposed to the virus during the COVID-19 emergency. (b) The employer was operating in substantial compliance or in a way that was reasonably consistent with relevant federal or state statute or regulation, executive order or public health guidance at the time of the exposure. "Public health guidance" refers to written COVID-19 guidance issued by the CDC, OSHA or the department of health and human services or another agency of this state. Status: Scheduled for a hearing in the Senate.

California: This measure amends Section 3212.86 of the Labor Code to mandate workers' compensation coverage for critical workers exposed to COVID-19. This measure applies to employers that provide workers' compensation to employees. In the measure, "injury" of a critical worker is defined as illness or death that results from exposure to COVID-19 until January 1, 2023. This measure allows for the presumption of injury from the workplace if fellow employees test positive for COVID-19. It would require an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or a leave of absence. Under this measure, "critical worker” means a public sector or private sector employee who is employed to combat the spread of COVID-19. If enacted, this measure will take immediate, emergency effect. Status: Sent to Governor Newsom for signature.

Please visit the PHTA State and Local Government Info page for updates on liability bills.
 
 
PRODUCT SHOWCASES
 
 
Waterco's 1st Stage Centrifugal Filtration
Waterco’s award winning MultiCyclone is a brilliant revolutionary filtration device that works on the basis of centrifugal water filtration. It captures 80% of the dirt load before it ever reaches the media filter and is designed with no moving parts and no filter media to clean or replace.
LEARN MORE
Advocate for the customer!
Protector for the vendor in the pool and hot-tub industry! RBS Planet, Inc. will market your products and product lines through our established network. We would welcome the opportunity to show you how RBS Planet, Inc. can benefit your company by becoming part of your sales force.
LEARN MORE
 
 
Federal Update
After a busy and tense week of political updates leading up to the September 30 funding deadline, we have ended up where we started: There is no end in sight to the stalemate between Democrats and Republicans over COVID-19 relief. This impasse, combined with an ever-changing political environment, has captured Washington's attention. With less than ten legislative days remaining in September, time is of the essence.

Here's what you may have missed this week:

Senate Republicans Garner 52 Votes for COVID-19 Relief, But Democrats Block the Measure
On Thursday, September 10, Senate Republican leaders failed to get the 60 votes required for the "skinny" COVID-19 measure to advance. Despite this setback, the vote is considered a win for Senate Majority Leader Mitch McConnell. This episode marks yet another setback in the relief debate. Senate Republicans, the White House and House Democrats remain far apart on the funding level, support for state and local governments, and increased funding for unemployment insurance.

Government Funding: Continuing Resolution Expected
The end of the fiscal year is quickly approaching. Without action by Congress, funding will expire at midnight on September 30, and the government would begin to shut down. However, the White House is seeking a stopgap funding plan, also known as "continuing resolution."

While there had been some rumblings that COVID-19 relief measures could be wrapped into the funding bill, that ship has sailed. Now Senate Appropriations Chairman Richard Shelby (R-AL) and House Speaker Nancy Pelosi (D-CA) are advocating for a "clean" continuing resolution free of extraneous measures, but there is continued debate over how long the continuing resolution will run. In the meantime, the White House is requesting that "health care extenders" that expire November 30th are included in the continuing resolution.

The Presidential Race Heats Up

President Trump and Democratic nominee Vice President Joe Biden are now neck-and-neck in many key swing states, including Florida, Pennsylvania, Minnesota, Wisconsin and Ohio. While Biden currently sits atop a high single-digit lead in nationwide polling, observers agree that the race is tightening. Some speculate that the Electoral College could end in a tie, throwing the race to the House of Representatives.

We are seeing a trend continuing from the 2018 elections: Democrats are showing strength in the suburban and exurban districts while Republicans are consolidating their hold on seats in rural communities. The result of the 2020 elections will hinge upon whether suburban swing voters are impacted by the urban social unrest seen in the last several months. Additionally, the economic fallout and lingering uncertainty of the pandemic will play a role in who shows up to vote and why.

These candidates are the first to navigate a modern election amid a global pandemic. Large public gatherings or even intimate meet and greets are impossible. Social media messaging will drive turnout and perceptions as never before. Many voters will be encouraged (or discouraged) from using vote-by-mail options. A major unknown is how elderly voters will react to the need for social distancing and the lingering fear of contagion.

Additionally, there is a large number of open seats in the U.S. House this cycle. Many members have lost their primary, are running for other offices, or are simply retiring, including extremely senior members of both parties. PHTA will continue to keep you up-to-date in the 53 days before Election Day.

Please contact Grason Wiggins at grason.wiggins@phta.org with any questions.
 
 
PRODUCT SHOWCASES
 
 
The Clear Solution for Swimming Pools
The proven alternative filter media — over 20 years of success with tens of thousands of installations throughout the world.

See What Others Say.
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Designed by Builders for Builders
Spa Electrics are the leading manufacturer of premium underwater LED lights. Introducing our award winning Atom Series, available for concrete, fiberglass and vinyl pools.The Atom features innovative solutions for installation and servicing. Powerful in performance, the ATOM Series can be used to illuminate even the largest pools with ease.
LEARN MORE
 
 
Other Issues Impacting the Industry
Hot Tub Measures:
Pennsylvania: This measure is related to Legionnaires' disease. It requires owners of covered buildings to implement a water management program to minimize the growth and transmission of Legionella bacteria in the water system of the building, consistent with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 188-2018. A "covered building" is defined as a building that meets any of the following criteria: (1) A health care facility where patient stays exceed 24 hours. (2) A building that contains one or more areas for the purpose of housing or treating occupants receiving treatment for burns, chemotherapy, solid organ transplantation or bone marrow transplantation. (3) A building that contains one or more areas for the purpose of housing or treating occupants that are immunocompromised or at-risk, on medications that weaken the immune system or have renal disease, diabetes or chronic lung disease. (4) A building that contains a whirlpool or spa either in the building or on the site. (5) A building more than 10 stories high, including any level that is below grade. (6) A building that includes multiple housing units with one or more centralized potable water-heater systems. (7) A building identified for the purpose of housing occupants over 65 years of age. (8) A building containing open-circuit and closed-circuit cooling towers or evaporative condensers that provide cooling, refrigeration or both for the heating, venting, air-conditioning, refrigeration system or other systems in the building. (9) A building that contains ornamental fountains, misters, atomizers, air washes, humidifiers or other non-potable water systems that release water aerosols on the site. Status: Introduced in the Senate on 9/8/20.
 
 
Legislative Updates
Michigan: This measure would require learn-to-swim facilities to follow provisions currently provided for the oversight of public swimming pools by the Department of Environment, Great Lakes, and Energy. Status: Introduced in the House on 9/9/20.

California: This measure would establish standards for a wave basin—defined as an artificially constructed body of water within a containment structure that incorporates the use of a mechanical device for generating waves with suitable characteristics for surfing. The bill would require a wave basin to be under the supervision of a wave basin operator (with specified responsibilities) and subject to inspection by the enforcing agent. The bill would establish standards for the construction, use, operation and maintenance of wave basins, including standards for recordkeeping; water treatment, clarity and characteristics; lifeguard service, first aid and safety; and employee and wave basin user health. The measure would require a wave basin to be operated in accordance with a water safety program that includes specialized water safety personnel, training, procedures and equipment. All components of the water safety program must be in compliance with the most current life safety guidelines appropriate for surfing-related activities from the American Red Cross or other applicable certifying entity. Anyone proposing to construct, renovate or alter a wave basin is required to file a copy of the plans with the local health officer within the jurisdiction for approved permitting before construction. A person operating or maintaining a wave basin must do so in a sanitary, healthful and safe manner. This measure would require a wave basin to be under the supervision of a wave basin operator, who must maintain written operating procedures at the wave basin site for inspection by the enforcing agent. The wave basin operator must also maintain manufacturers’ instructions for the operation and maintenance for all mechanical and electrical equipment and water treatment systems at the wave basin site. Status: Sent to Governor Newsom for signature.
 
 
Regulatory Updates
California: The California Public Utilities Commission has opened a proceeding addressing building decarbonization—part of the state’s effort to reduce greenhouse gas (GHG) emissions associated with energy use in buildings. The Commission will coordinate with the California Energy Commission to implement and design building codes (Title 24) and appliance standards (Title 20) to support decarbonization potential. The proceeding is in response to SB 1477 (2018), which requires the Commission to develop two programs to test specific programmatic approaches to building decarbonization.

Kentucky: The Department adopted amendments to a rule regulating plumbing fixture and appliances, house sewers and private water supplies in Kentucky buildings. The amendments revise many provisions, including requirements for some swimming pool bathhouses.

Virginia: The Virginia Department of Health is discussing amendments to regulations for tourist establishment swimming pools and other public pools. The purpose of the proposed action is to update the chapter with modern standards for health and safety at water recreation facilities, including standards for water quality, facility maintenance and operation, safety equipment and water re-circulation systems. Comments are due 9/30/2020. PHTA staff will be discussing the amendments with our Virginia chapters. We encourage members who work Virginia to provide us with your input.

New Hampshire: The Department proposed amendments to implement legislation concerning public bathing places enacted in the 2019 legislative session. Specifically, the rule implements new provisions in (a) RSA 485-A:26, II(b) relating to registration of PBF establishment, (b) RSA 485-A:26-a relating to PBF compliance self-certification, (c) RSA 485-A:27, II relating to emergency closures, (d) RSA 485-A:27-a relating to certified pool operators, and (e) RSA 485-A:26, IV relating to equivalent municipal programs. Among other changes, the amendments require a pre-2014 pool that is substantially modified to have a minimum circulation flow rate of one pool water turnover every 6 hours if it cannot consistently meet water quality standards; require air handling systems for indoor PBFs; and require underwater shelves (including swim-outs, sun shelves, Baja shelves, tanning ledges and shelves) to meet specific design standards.

For updates on all legislative and regulatory issues that could impact your business, visit our Government Relations Update page.
 
 
Local Updates
Los Angeles, CA: 9/15/20: The Board of Supervisors directed staff to provide a report on the County's Energy Resiliency Program and its impact on disadvantaged communities.

Elk Grove, CA: 9/9/20: The City Council held a public hearing to consider the introduction of an ordinance repealing Chapter 16.36 of the Elk Grove Municipal Code relating to swimming pools.

Spring Hill, TN: 9/8/20: The Council held the final reading of the ordinance amending portions of the Building Code concerning swimming pool regulations and voted to adopt the ordinance.

Alhambra, CA: 8/24/20: The City Council considered an ordinance adding Chapter 6.40 to the Alhambra Municipal Code pertaining to pool maintenance regulations. The City Council considered the second reading of the ordinance on 9/14.

Mono, CA: 9/15/20: The Board of Supervisors discussed a resolution to approve adjustment to spa pool permit fees.

Redwood City, CA: 9/14/20: The City Council heard the introduction of an ordinance adding a new Chapter 9 of Article XIV of the Municipal Code. This new chapter would adopt local amendments to the 2019 edition of the California Energy and Green Building Codes to alter the All-Electric Reach Codes and reduce greenhouse gas emissions through requirements for newly constructed buildings.

Cape Coral, FL: 9/14/20: The City Council discussed an ordinance repealing and replacing Article 5, Development Standards, Chapter 2, Accessory Structures, Section 5.2.15, Swimming Pools, Spas, and Hot Tubs, of the City of Cape Coral Land Development Code; providing regulations for swimming pools, spas and hot tubs, including locations, screening, handrails and grabrails.

Franklin Park, IL: 8/5/20: The Zoning Board of Appeals will consider ZBA 20-08: Text Amendment to Section 9-2-4(d)(2) regarding swimming pool latch heights. On 9/8, the Board of Trustees considered and approved the ordinance.

Ham Lake, MN: 9/8/20: The City Council considered adopting an ordinance amending articles in the Municipal Code regarding "Inground Swimming Pools."

South San Francisco, CA: 9/9/20: The City Council heard a presentation from representatives of Peninsula Clean Energy on Building Reach Codes.

If you have any questions or input on legislative, regulatory or local matters, please email PHTA Senior Manager of Government Relations, Grason Wiggins at gwiggins@phta.org
 
 
PHTA UPCOMING EVENTS
 
 
OCT. 15-16
Virtual World Aquatic Health Conference
MORE INFO
NOV. 11-13
2020 International Pool | Spa | Patio Expo
MORE INFO
 
 
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