REPORT TO: SPECIAL
ENVIRONMENT AND COMMUNITY COMMITTEE
DATE: 4 DECEMBER 2007
AUTHORS: GRAHAM BRANCHETT (01279) 446200
LYNN SEWARD (01279) 446119
JOE MCGILL (01279)
446800
SUMMARY
1 This report sets out the findings and implications of the assessments into the condition of the swimming pool and what action would be required to keep the facility open pending the new leisure centre.
RECOMMENDED
that
A The swimming pool is permanently closed with immediate effect.
Subject to A
B That the swimming pool site is disposed of as soon as possible in accordance with the Gateway Scheme proposals.
BACKGROUND
2 As the Committee will be aware from its last meeting, the swimming pool was closed on 17 September 2007 following a surveyor’s report commissioned by the Council in June 2007. The report identified key health and safety concerns, which required further detailed examination, which has now been undertaken.
3 The survey was undertaken as part of the Council’s ongoing risk assessments, in light of the water ingress in June and July 2007 and to evaluate what action may be required to keep the pool open, pending the opening of the new Gateway Scheme leisure centre in September 2009.
4 Key health and safety concerns over the roof, electrical and water systems were identified which required the immediate closure of the pool.
5 The following table sets out the key areas of concern, which represent risk assessment ratings of high and above likelihood of failure or occurrence, and a critical or catastrophic impact should they occur, except for some of the Disability Discrimination Act and miscellaneous items which are considered in later paragraphs :-
KEY AREA OF CONCERN |
ACTION REQUIRED |
ESTIMATED COST (Including
contingency and fees but excluding VAT) |
Main Roof Significant risk of catastrophic failure of the roof lifting during strong winds |
Closure of the pool to insert new fixings to the structure and re-felting of the roof |
--------------- £305,000 |
Electrical Emergency lighting to be extended to comply with new regulations Plant room lighting does not meet current health and safety requirements Main low voltage distribution board is beyond economical repair Fire alarm system to be extended to comply with new regulations Miscellaneous e.g. circuit protection, distribution boards and earth bonding |
Overhaul of ageing equipment Upgrade of ageing equipment Replacement of ageing equipment Upgrading of ageing equipment Replacement of ageing equipment |
£9,375 £6,875 £9,375 £5,000 £7,500 --------------- £38,125 |
Water Systems Domestic hot water high risk of failure to deliver constant water temperature Chemical dosing equipment significant risk of failure |
Upgrading of ageing equipment Replacement of ageing equipment |
£68,750 £10,000 --------------- £78,750 |
Disability Discrimination Act Main stairs do not meet required standards Main stair lift does not meet required standards Public toilets do not meet required standards |
Upgrade of ageing equipment e.g. handrails, balustrading and nosings Replace to accommodate a wheel chair user Refurbishment to provide for both wheel chair and ambulant users |
£46,250 £62,500 £56,250 --------------- £165,000 |
Miscellaneous Some panes of glass do not meet required health and safety standards Changing rooms stairs and tiling do not meet required health and safety standards Stairs to plant room do not meet required health and safety standards Entrance steps do not meet required health and safety standards Spectators gallery does not meet required health and safety standards Air Conditioning beyond economical repair |
Apply safety film and barriers Refurbishment e.g. handrails, replace nosings and tiles Provide external access Upgrade of ageing equipment e.g. handrails and balustrading Refurbishment e.g. steps and handrails Replacement of ageing equipment |
£10,000 £18,750 £6,250 £8,750 £62,500 £35,000 --------------- £141,250 Grand Total = £728,125 |
6 The above table does not include other identified issues which have been assessed at lower ratings, but would have to be considered should the pool remain open e.g. upgrading public and office lighting areas, combined heat and power generators and the chimney flue.
7 The Council in accordance with its health and safety practices undertakes routine inspections. However, the above concerns for the main roof, electrical and water systems required specialist assessment to identify them.
8 The above Disability Discrimination Act (DDA) items and the miscellaneous concerns were previously identified but it was envisaged that the facility would have closed earlier. The above items have been included as part of the assessment of action required to keep the facility now open until September 2009. Failure to address the identified actions could place the Council at risk of discrimination claims. The miscellaneous items have now reached a condition, which unless remedial or preventative action was taken, represent an unacceptable high risk in terms of claims for personal injury.
9 It is estimated in the surveyor’s report that to implement the actions set out in the above table will take approximately 9 months. Therefore, the earliest re-opening date for the pool if the actions were undertaken would be September 2008. This would mean that the pool would then only continue to operate for a further year.
10 In conclusion, the identified risks that require remedial or preventative action compared to the likely benefits of a discretionary service, now represent a questionable level of Council expenditure required to keep the facility open.
ACTION TAKEN TO RELOCATE THE POOL
USERS
11 Since the pool closed all reasonable endeavours have been made and will continue to be made to relocate customers to other providers :-
a) The Active Retired Yoga and Pilates classes have been found alternative accommodation.
b) The aerobics class has been relocated to the Latton Bush Centre.
c) The Health and Beauty Clinic has been relocated to the Latton Bush Centre.
d) In partnership with the Harlow and District Sports Trust arrangements have been made for the users of the gym to be offered use of the Harlow Sports Centre gym at the same price.
e) Working with the Harlow Education Consortium and the Schools Sports Partnership potential alternative venues have been found for the primary schools that used the pool for their swimming lessons.
f) Some people who had swimming lessons booked at the pool have been referred to other providers e.g. FTA Dippers at Broadfields.
IMPLICATIONS
Social Inclusion
While the loss of swimming facilities at the pool is regrettable, all possible measures are being taken to ensure that school swimming lessons are able to continue at alternative venues, and that members of the public are provided with information about other venues that provide swimming activities. Author: Lynn Seward
Equal Opportunities
Council policies will ensure that fair and consistent action is taken when dealing with any staffing issues. Author: Jacqui Robins
Finance
There is insufficient provision in the Council’s revenue and capital resources to meet the estimated costs of the remedial or preventative action outlined in this report.
Should the pool remain closed for a further 9 months the loss of income is estimated to be £260,000. Author: Nick Ridgment
Human Resources
The closure of the pool will have a direct impact on the staff employed. In accordance with the Council’s procedures options for redeployment and early retirement will be explored before making any redundancies.
The maximum estimated cost of severance payments to staff is £180K and there may be some costs associated with pension strain payments.
If the Council wishes to repair the pool, staff will need to be either re-deployed or remain at home on full contractual pay, as there are no alternatives e.g. redundancy or lay off, as it would be deemed a temporary situation. The estimated staffing cost for 9 months is £370,000. Author: Jacqui Robins
ICT
There are no specific implications. Author: Keren Mallinson
Legal
All local authorities are under a fiduciary duty to ensure that they use public funds to the best effect and ensure value for money. When taking decisions on discretionary expenditure the Committee needs to bear in mind the cost of any action balanced against the likely impact of that expenditure both in terms of effect, duration of effect and the overall benefit to the area. Author: Mike White
Under the Health and Safety at Work Act etc. 1974 employers, including Harlow Council, have duties not only to their employees, but also to other persons (including contractors and members of the public) who may be affected by the work undertaken or the premises for which they are responsible.
The report identifies a clear exposure to gross negligence and corporate manslaughter in addition to health and safety regulations, particularly in view of the main roof. Allowing use before full repair presents the risk of the Council’s insurers withdrawing or severely curtailing insurance covers thus in turn exposing the Council to the extremely high likelihood of lawsuits and further high economic losses. Author: Naren Lathigra
Sustainability
The report indicates it would not be sustainable value for money to have the works undertaken then demolish the building a year later. Author: Kathy May
BACKGROUND PAPERS: None