Maybe next year?

A state board last month gave Hartley's never-opened new pool new life.

The Iowa Electrical Examining Board (IEEB) at its June 15 meeting issued a ruling approving a plan by the pool's general contractor to address issues that led to a failed electrical inspection in 2022. The facility has sat empty and unused since its completion last year because of the failure, but the decision now opens the door for general contractor Eriksen Construction to remediate issues without major reconstruction.

Hartley city officials remained guarded as to whether this will lead to an open pool next summer.

"We have not had a chance to discuss the order with the city council," said City Attorney Brandon Krikke on June 29. "The only comment I can provide at this time is that we are pleased to see that the board addressed any potential issues of safety, which has been our primary concern. We plan to discuss moving forward with the contractor after we have had a chance to speak with council."

Final inspection of the pool's equipotential bonding could not be completed because all concrete work pertaining to its shell and most of the surrounding decking was finished prior to the required inspections being requested by the responsible contractor. Phillips Electric, Inc., of Spirit Lake, was subcontracted to perform electrical work on the project, including installation of all required equipotential bonding equipment.

Eriksen Construction appealed the failed inspection and submitted engineered drawings, photographs, product cut sheets, and employee statements to prove its case. As per the ruling's report, the IEEB investigative committee communicated concerns it had regarding Eriksen Construction's proposed remediation plan that focused primarily on whether steel wire ties were properly installed within the pool's shell.

"Upon review of these additional materials, a consensus of the investigative committee found that Eriksen could now satisfactorily establish compliance with the National Electrical Code's requirements for the construction of the pool's shell," it stated. "It was the recommendation of the investigative committee that Eriksen submit a request to the IEEB as a whole seeking approval of its proposed alternative inspection methods relating to the installation of the required steel wire ties within the pool's shell."

Eriksen Construction only sought a ruling on rebar construction in the pool's shell – specifically whether the structural rebar in that shell was connected with the requisite steel wire ties compliant with National Electric Code (NEC).

"Salvaging the existing pool shell will greatly reduce the time and resources Eriksen will have to expend to remediate the failure to obtain a timely inspection of the pool's equipotential bonding equipment. Were other reliable inspection methods truly absent in this case, Eriksen and its subcontractors should rightfully shoulder that expense," stated the ruling. "However, given that Eriksen has identified to the board's satisfaction alternative means to verify proper construction of the pool's shell, removal of the shell to attest compliance with the NEC would be superfluous and therefore constitutes an undue hardship."

According to the IEEB, Eriksen's proposed remediation calls for the removal and replacement of the pool's perimeter decking and reconnection of all conductive fixtures to a rebuilt bonding ring.

"All aspects of the pool's equipotential bonding equipment will be exposed and compliant installation verified through direct visual inspection with the exception of the wire ties connecting the structural reinforcing steel within the existing swimming pool shell," the ruling explains. "Eriksen's plan was developed and stamped by a licensed engineer.

"The totality of the evidence presented in support of Eriksen's petition satisfies the [IEEB] that the structural reinforcing steel within the pool's shell was in fact tied together with steel wire as required by the NEC. The equipment cut sheets establish that proper wire ties were purchased for use on the job. The shop drawings for the rebar matting show that adequate tying of the structural steel was provided for by the design professionals. Importantly, the statements of the supervising architect bolsters confidence that the rebar was installed consistent with those specifications. Lastly, the photographic evidence corroborates the architect's observations and the statements of the workers who actually did the work."

The ruling noted IEEB members weighed implications of pool user safety heavily.

"The board does not make this finding lightly as the safety of the pool's users is paramount," it stated. "However, the detailed information provided in support of Eriksen's petition provides clear and convincing evidence in the board's opinion that the wire ties were installed within the pool shell consistent with NEC requirements. Given this record, removal of the pool shell so that a visual inspection of the reinforcing steel may take place is unnecessary."

Whether or not the City of Hartley will accept the remediation plan remains to be seen.

"The IEEB does not have the authority to compel the City of Hartley to accept any proposed course of remediation to correct the failure to obtain timely inspections of the swimming pool's equipotential bonding, nor is it offering any opinion as to whether the city should," the ruling noted. "Nor is the IEEB assigning blame as to why a timely electrical inspection was not requested. Thus, no party's legal rights will be prejudiced by this decision."