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New lifeguard rules could force up to 5 pools in Lexington to close

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LEXINGTON, Ky. (LEX 18) — A number of pools in Lexington may soon need to close if they can’t meet new state regulations.

The regulations require lifeguards to be posted at larger pools, even if children don’t enter the water.

The Lexington Athletic Club posted a notice that their pool may need to shut down on August 10 due to the measure. They would have had to close earlier had it not been for an extension the Lexington Health Department granted.

A health department spokesperson said pools at four other Lexington facilities are facing the same issue. The department granted them all extensions.

In a statement posted to its website, the athletic club said the cost of lifeguards would approach $200,000, which is more than they can afford.

Under the old rules, lifeguards were only needed if a pool allowed people 16 years of age and under to enter the facility without an adult with them.

Under the new rules, lifeguards are required at any facility with a pool surface area that’s greater than 2,000 square feet. There are also rules requiring lifeguards at smaller pools if they meet certain criteria.

Judy Niblett, 73, said elderly men and women like herself are frequent users of the Lexington Athletic Club pool, which is 4 feet at its deepest.

“The one thing I can do at my age is swim,” she said. She said she couldn't believe the rule when she first read it.

“You’ve got to be kidding me; that’s not rational,” she said.

The new rules unfairly lump pools like the one at the club as pools with diving boards, deep ends, and other hazards, the club’s statement said.

For Niblett, and her friend Sam Livingston, the pool is far more than a place to exercise, it’s home, they said.

“I live alone, so it's so important for me to be amongst other people, men and women, people I can say hi to, listen to music, and work out,” Livingston said.

The athletic club is receiving legal help, and a lobbyist is working toward a solution, but they say their prospects don’t look good.

“Please understand that we were completely blindsided by the change to the regulation, and we had no idea this was even being considered,” the statement read.

They have faced no incidents in their 26 years, they said. 

“The new regulation in LAC’s case is truly trying to solve a problem that doesn’t exist, and the economic burden imposed with it unfortunately results in the permanent closure of for-profit lap swimming pools like ours across Kentucky,” the statement concludes.

A health department spokesperson says they will continue to work with the club to ensure they meet state regulations.