Tyrone Borough Council has been working on the issue of whether or not to keep a diving board at the main pool at Reservoir Park.
They had reserved a decision on the issue while waiting for more details on possible liability issues. They got their answer last night when Borough Manager Sharon Dannaway told council of two pieces of information she had obtained.
In April, council received information from its consulting engineer regarding the diving board. Essentially, the recommendation was against retaining it. Council was also told Dannaway and Finance Director Phyllis Garhart had met with a representative from the borough’s insurance company and they had been told a letter of recommendation on the issue would be forthcoming. Council was also informed that DEP had told the Water Superintendent Gary Barr they were not in favor of retaining the board.
Council was informed that a loss control engineer for Optimus Risk Services visited the borough and recommended the borough remove the diving board due to increased exposure of risk based on the configuration of the pool area. She also recommended the borough remove the diving board from the pool due to a lack of appropriate clearance based on the design of the pool.
The key to the diving board safety issue revolves around the gondola shape of the bottom of the pool. The pool bottom design was believed to be “grandfathered” regarding certain safety issues. However, Dannaway explained that changed when the borough decided to make the major renovations that are now being completed at the pool. She explained when the borough decided to make the major renovations the “grandfathering” went by the wayside. She noted the borough could have done something about the design of the bottom of the pool. She estimated the cost of the renovation to the design of the pool bottom was about $500,000. The current project is costing the borough about $475,000.
Dannaway told The Daily Herald that the pool bottom is only 10 feet and it should be 12 feet and the slopes would have to be pushed back to allow the diving board to be retained.
Council also received a letter from the borough’s insurance broker, Whren Associates. The borough was advised it could be considered negligent in not removing the diving board since the borough had been told by its engineering firm that the board should be removed since it does not meet safety codes.
The letter went as far as to say that the borough could be intentionally creating a dangerous situation by not removing the diving board. It was also noted that an intentional act would not be covered by an insurance policy.
The letter pointed out the borough had received notice of the dangerous condition and had time to correct it since the pool does not start operations for the season until Memorial Day weekend.
The insurance broker’s opinion was that if an accident occurred involving the diving board the borough would be found negligent. The recommendation was to remove the diving board or keep the pool closed until it was removed.
Council members were also informed if they went ahead and approved the retaining of the diving board and the borough were sued they could be held liable individually.
Council voted to have the diving board removed. The work will be done by borough employees and is not expected to impact on the cost of the current project. Mayor Jim Kilmartin said the borough is still looking at some alternatives to the diving board in light of the decision to remove it.
