Legal Aspects of Hospitality Management - Essay Example

?Safety of Swimming Pools: Hotel Managers’ Liability Introduction My career goal is to become a guest relations manager in a world hotel. I chose the above career because the hotel sector depicts a promising future for the graduates. Hospitality industry is a diverse and complex sector which highly contributes to the countries’ annual GDP and employment. Significance of the hospitality industry in world economy has largely increased during the past decade. Growing significance in the world economy and the degree of diversity can be considered as the most attractive features of hospitality industry to the graduates. Socio-political instabilities in the world can severely affect the growth and profitability of the hospitality industry. Example: during 2009-2012 time period the profitability of most of the businesses in the world declined. Terrorist attacks in the USA, persisting European sovereign debt crisis, conflicts in the Middle East and the economic slowdown in Asia are expected to negatively affect the performances of hospitality industry. However according to the statistical estimations the demand for the hotels and the quality of the hospitality services continued to increase in year 2012. In fact the total number of hotel rooms in the world is expected to reach approximately 30 million and the room stock of hotel chains is expected increase up to 20 million by year 2030 (Slattery, 1999). Moreover, hotel industry is largely associated with the contemporary living styles of the people. Increasing public demand for recreational activities largely contribute to the growth of hotel industry. Therefore the employment opportunities in this industry are secure compared to the other sectors. Diversity of the industry is evident in the types of businesses that are currently operating in the world. Example: Free-Standing Hospitality Businesses (example: Hotels, Holiday centers, Quasi hotels, Cruise ships, Bars and Restaurants), Hospitality in Leisure Venues (example: Casinos, Bingo clubs, Night clubs, Cinemas and Theatres), Hospitality in Travel Venues (example: Airports, Railway stations, Bus stations and Ferry terminals) and Subsidized Hospitality (example: workplaces, Education institutes, Military, Custodial, Retailers) (Slattery, 2002). This report compiles the legal aspects of managing the drowning in hotel swimming pools. Drowning in swimming pools is recognized as a leading cause of unintentional fatal injuries occurring in the United States. Majority of the child deaths in the country are caused by drowning in residential swimming pools. For hoteliers, various aquatic vessels such as vortex or current pools, wave pools and recreational rivers are valuable income generating opportunities. In general, large numbers of guests are annually attracted to the aquatic sports facilities available in the hotels such as the Disney resorts. A considerable proportion of these guests are children and minor. Therefore the government of the United States has mandated a set of safety requirements for aquatic sports facilities. These safety measures are the internationally recognized minimum requirements for structure, maintenance and functioning of the swimming pools. Following these standards is considered as a legal duty of the public swimming pool managers. This paper evaluates the importance of legal framework which applies to the hotel swimming pools’ security system in the United States. This paper is organized in the following order. “Background” chapter describes the importance of Aquatic Recreation Facility to hospitality industry and the statistical significance of drowning in the United States. “Literature review” describes the legal framework which is aimed at preventing the drowning related deaths and fatal injuries. Finally, the “Discussion” chapter scrutinizes the importance of following the swimming pool safety standards and legal implications of neglecting these regulations by hoteliers. Background Importance of the Aquatic Sports Facilities in Marketing Swimming is a very popular leisure activity in the United States. It is recognized as the third most popular sport followed by the exercise walking and exercising with equipments in order. Approximately 41% proportion of the children (aged 7-17 years) and 17.4% proportion of the adults in the United States engage in swimming as a holiday activity. Popularity of swimming continues to grow with the increasing concerns regarding the physical and mental health such as obesity and mental stress of the individuals in the above age categories. Furthermore, 300 million pool visits are recorded every year, across the country by the individuals who are over the age 6 (Taylor, 2010). Aquatic sports facilities available in the hotels are highly attractive to such individuals. It can be viewed as a vital marketing strategy practiced by the contemporary hoteliers. However research studies relating to the economic significance of swimming facilities to the hotel industry could not be found. Availability and/or the quality of swimming facilities can significantly influence the customers’ decision in selecting a specific hotel from in a given geographic location. According to the International Swimming Pools and Spa Code (ISPSC), 2012, a public pool is “any pool, other than a residential pool, that is intended to be used for swimming or bathing and is operated by an owner, lessee, operator, Licensee, or concessionaire, regardless of whether a fee is charged for use.” Public pools are further categorized as (1) competition pools (any pool intended for use for accredited competitive aquatic events, example: USA diving, USA synchronized swimming, USA water polo, nation al collegiate athletic association ) (2) public pool (any pool intended for public recreational use) (3) semi-public pool (any pool operated solely for and in conjunction with lodgings, example: hotels, motels, apartments, condominiums) (4) wave action pool (a pool designed to simulate breaking or cyclic waves for purposes of general play or surfing) and (5) Pools used for instruction, play or therapy and with temperatures above 86°F (pp 18). Drowning in Hotel Swimming Pools Statistics show that children and minor are more prone to the drowning in swimming pools (Saluja et. al., 2006). Although the manager may not be legally liable in every drowning incident, such can severely affect the reputation of the hotel. Example: child (13 years old) died after found unresponsive at the bottom of a swimming pool at Disney hotel in Orlando on March 10 2013. Another 4 years old child suffered extensive brain damage after found nearly drowned on a Disney ship on March 30 2013. Sever criticism were directed at global recreational industry giant, Disney, after these accidents. It was revealed that company did not have permanent life guards. Hoteliers are required to follow every measure possible to safeguard the lives of children during their visits despite they may be accompanied by parents or guardians. This is identified as a legal duty of the hoteliers. In most of the drowning in pool incidents the above duty has been found breached. Example: $10 million jury verdict for the family who lost a13-year old child after drowning in the public Graydon Pool at Ridgewood, New Jersey in 2008. Nine lifeguards had been on duty around the pool on that day. However the child had not been pulled out from the water until it was 40 minutes late. Family sued alleging the negligent supervision of the pool and poor lifeguard response which lost them the life of a child (Guerra, 2013). Safety standards and guidelines recommended by the federal bureau for the swimming pools are applied to the residents and business entities such as hotels and motels, health clubs, recreation centers and public country clubs. Accordingly the hoteliers are obliged to follow the minimum standards required to safeguard life or limb, health, property and public welfare of guests by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of aquatic vessels (ISPSC, 2012). Literature Review Legal Framework Concerning the Safety of Swimming Pools Aquatic Recreation Facility is defined as a “free-form aquatic play and recreation. The facilities may include, but are not limited to, wave or surf action pools, leisure-rivers, sand bottom pools, vortex pools, activity pools, inner tube ride s and body slides, and interactive play attractions” (pp 13). According to the section 107 of the International Swimming Pools and Spa Code (ISPSC), 2012, it is considered unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any system, or cause same to be done, in conflict with or in violation of any of the provisions stated in the code (pp 9). Furthermore, construction or renovation for which a permit is required should be permissible to inspection by the code officials. It is stated that such construction or work shall remain accessible and exposed for inspection purposes until approved. Leaving the work remain accessible and exposed for inspection purposes is considered as the duty of the permit applicant and the code official or the jurisdiction are not liable for any expense entailed in the removal or replacement of any material required to allow inspection (pp 8). Every swimming pool requires at least one “Attendant” i.e. a person who is trained to control bathers in a safe and orderly way at pools, including slides and other water attractions. According to the Indiana State Department of Health the number of life guards may vary based on the type of pool. Example: in case of wave pools, at least two life guards who are equipped with wave stopping equipment that will immediately stop the wave making are required to supervise the pool from elevated chairs whenever the wave making machine is in operation. In case of vanishing pools and Vortex or current pools, at least one lifeguard is required whenever the pool is occupied by a bather regardless of the square footage, unless the water attraction is limited for adult usage only. These requirements further vary based on the availability of special features. Example: “Non-tethered floatable” which is a floatation device added to a pool that is not tethered to the pool basin, allowing movement of the device around the water, “Pad walk” which is a tethered floatable under rope and netting in an activity pool that allows a patron to cross the water using his or her hands. And “Tethered floatable” which is a play item or floatation device that is affixed to the basin of a pool to restrict movement of the item. Amendments to the Americans with Disabilities Act (ADA) also increased the accessibility of swimming pools to the US citizens. Accordingly there are guidelines set by the Department of Justice to assist the entities such as hotels and motels, health clubs, recreation centers, public country clubs, and other businesses in constructing and altering the swimming pools, wading pools, and spas. Above Act is in effect since March 2012. Aquatic sports facilitators who are recognized as “readily achievable" by the government of United States federal are obliged to follow the Standards for Accessible Design. Results and Discussion Impacts of Neglecting the Safety Standards of Swimming Pools to the Hotel Industry Hotel industry has a large potential to attract customers by providing them secure facilities for swimming. However the alarming number of fatal swimming pool accidents occurring in the country, can affect the income. It is thus important to scrutinize and follow the regulations and standards relating to swimming pools by the hotel managers. Hotel swimming pools fall under Class C, Semi-Public Pool category of the International Swimming Pools and Spa Code (ISPSC), 2012. Thus hoteliers are legally liable to the drowning incidents caused by the lapses in swimming pool security systems. Customers are advised to take legal actions against such incidents as the civil and criminal laws are invariably applicable to public pools. Such actions are important not only for the benefit of victims and their families but also for decreasing the alarming death toll in the country caused by drowning in swimming pools. Future of swimming pool users and the profitability of country’s public swimming pools depend on the efficiency and effectiveness of legal framework relating to such issues (Guerra, 2013). Understanding the legal framework which governs the common fatal accidents occurring in the hotels can highly contribute to the career growth of guest relations managers. References Centers for Disease Control and Prevention. WISQARS: Fatal Injury Queries, Leading Causes of Death Reports, National and Regional, 1999 – 2010. Atlanta, GA 30333, USA, 2012. Web. 25 April 2013. Environmental Public Health. “Public Swimming Pool and Spa Program, Lifeguard/Attendant Recommendations for Water Attraction/ Water Attraction Complexes (Water Parks).” IN.gov. N.p. n.d. Web. 25 April 2013 Environmental Public Health. “Public Swimming Pool and Spa Program, Revised ADA Regulations: Implementing Title II and Title III.” IN.gov. N.p. n.d. Web. 25 April 2013 Guerra, J. “Swimming Pool Safety News.” J. Guerra Law Firm. J. Guerra Law Firm, Jones Building, 7551 Callaghan Rd. Suite 100, San Antonio, Texas, 18, March 2013. Web. 25 April 2013. International Code Council, Inc. International Swimming Pool and Spa Code. Public Version 1.0 , USA, February 2011. Web. 25 April 2013. Saluja, G., Brenner, R. A., Trumble, A. C. Smith, G. S., Schroeder, T., and Cox, C. “Swimming Pool Drownings Among US Residents Aged 5–24 Years: Understanding Racial/Ethnic Disparities.” American Journal of Public Health 96.4 (2006): 728–733. Web. 25 April 2013. Slattery, P. “Global Prospects for Hotel Chains 2000-2050.” The International Hotels and Restaurants Association Congress. Durban, South Africa. (1999) Web. 25 April 2013. Slattery, P. “Finding the Hospitality Industry.” Journal of Hospitality, Leisure, Sport and Tourism Education 1.1 (2002): n.pag. Web. 25 April 2013. Taylor, L. H. “Healthy Swimming Facts: Maintenance, Disease & Accident Prevention.” About.com Guide. N.p. n.d. Web. 25 April 2013. Read More