LEXINGTON, Ky. — The fate of five pools in Lexington is uncertain because of new state regulations regarding the number of lifeguards needed at a pool.
The Lexington Athletic Club now says it will keep its pool open at least until next year after a new state regulation requires pools to have lifeguards they did not need before. Earlier this year, changes were made to pool regulations in the state that require a pool to have one lifeguard for every 2,000 square-feet of water, regardless if it’s a water park, kids’ pool or lap pool.
On Monday afternoons, Ryan Wall says the pool he operates at The Signature Club in Lexington isn’t usually busy.
“In the mornings, kind of slow but at night we really things ramped up, people get off work and out of school,” Wall said.
But because of Kentucky’s updated regulations on swimming pools, even on a slow August afternoon, Wall is required to have three lifeguards on duty from open to close.
“Whether we have one person in the pool or 50 people in the pool, we have to have three here at all times,” Wall said.
Wall said the Signature Club of Landsdowne always had at least one lifeguard on duty and would schedule more based on pool activity. Now, regardless of pool layout, for every 2,000 square-feet a pool must have one lifeguard.
“A guard is able to get anywhere around this pool within 20 seconds from wherever they’re standing on the water’s edge. I think a broad stroke of the brush for these regulations has kind of put facilities in a bind,” Wall said.
Wall said he did not find out about the new regulations until March when he was alerted by a Lexington-Fayette Health Department inspector. He said the state never notified him of the change.
While The Signature Club pool is now in compliance, five other pools in Lexington-Fayette County are left in uncertainty. Another change to the regulations is pools that don’t allow guests 16 or under to swim without an adult present still need a lifeguard on duty if they’re over the 2,000 square-feet mark.
According to the Lexington-Fayette County Health Department, Lexington Athletic Center, Lancaster Aquatic Center, Racquet Club Apartments, Merrick Place Condominiums and The Pinnacle were all granted a 30-day grace period to comply or face closure.
In a post Monday, the Lexington Athletic Club posted they were granted an extension until Jan. 1, 2024. That same announcement estimates for two lifeguards and a supervisor working 107 hours a week with benefits will cost them $200,000 a year.
Wall believes having no distinction in the law based on pool type only hurts fellow operators.
“Implementing further costs and further regulations that don’t necessarily need to be there, it’s just going to catalyze things. It’s going to put them further back out of business,” Wall said.
Originally, Wall said his pool needed five lifeguards but was able to get a variance from the Kentucky Recereation and Parks Society. Variances are approved to certain applicants as long as the variance does not seriously affect safety at the facility.
The health department declined to be interviewed but issued a statement that reads: “We continue to work with the facility’s management to ensure they are up to compliance with a state regulation regarding lifeguards.”