Pool News
Commercial Pool Allegedly Linked To Legionnaire’s Disease Sues State
In a complicated legal battle unfolding in Iowa, commercial pool operator, Jason Bailey, owner of Custom Fitness and Whole Health Natural Foods LLC, finds himself at the center of two lawsuits over the operation of a swimming pool. What began as an effort to maintain a community facility has spiraled into a dispute involving the state of Iowa and Linn County, as each side accuses the other of failing to uphold their responsibilities.
The Lawsuit Against Jason Bailey: Non-Compliance and Public Health Risks
Jason Bailey’s legal troubles began in October 2020 when Linn County inspectors and the Iowa Department of Public Health (IDPH) examined the pool and spa at Custom Fitness, a facility located on Wilson Avenue in Cedar Rapids. The inspectors found multiple violations at the pool, prompting concerns about public health and safety.
Among the issues were broken water heaters and filters, essential components for safe pool operation. Although Bailey replaced these parts promptly, inspectors determined that the repairs constituted “reconstruction” of the pool. Under state regulations, reconstruction of older pools—like the 1980s-era pool at Custom Fitness—requires the entire facility to meet updated building and safety standards.
IDPH notified Custom Fitness in January 2021 that if the issues were not resolved, the pool would have to close. While Bailey hired a pool architect and submitted new plans to bring the pool into compliance in March 2021, the pool remained shut down.
However, tension between Custom Fitness and local regulators escalated. In 2022, Linn County filed a lawsuit against the gym, alleging that Bailey had reopened the pool without authorization and removed closure signs posted by the county. According to court documents, the county accused Custom Fitness of defying health orders and continuing to allow public access to the pool.
The situation worsened when a case of legionnaire’s disease—a severe form of pneumonia—was traced to someone who had attended swim classes at the gym. The person had to be hospitalized, adding urgency to the county’s legal action. In December 2023, Linn County sought and was granted an injunction, formally prohibiting the use of the pool. The injunction took effect in February 2024, forcing Bailey to keep the pool closed pending further compliance.
A trial date for the county’s lawsuit is now scheduled for December 17, 2024.

Bailey’s Lawsuit Against the State: A Case of Bureaucratic Inaction
Frustrated by the three-year delay in reviewing his pool repair plans, Jason Bailey and Custom Fitness have now sued the state of Iowa, accusing it of failing to act on their permit application. The lawsuit, filed in Polk County District Court, names the Iowa Department of Inspections, Appeals, and Licensing (DIAL) as the defendant, as well as Linn County.
Bailey’s lawsuit claims that Custom Fitness followed every step required by the state to comply with pool regulations. According to the company, it submitted detailed architectural plans for repairs in March 2021, paying all necessary fees. However, the state has allegedly refused to review or approve the application for more than three years.
“Custom Fitness’s application of March 2021 has been languishing at the state for more than 1,200 days,” the lawsuit alleges. “We can take no further action to address the deficiencies identified in October 2020 without approval of our plans and issuance of a permit.”
Bailey’s frustrations intensified after the state transferred oversight of pools and spas from IDPH to DIAL in 2023, as part of a government reorganization. The lawsuit claims that DIAL’s refusal to act has placed the company in a “Catch-22” situation. According to Custom Fitness, Linn County won’t accept water samples from the pool until the state issues a permit, while the state refuses to review the permit application without water samples.
The lawsuit accuses both DIAL and Linn County of obstructing the company’s efforts to reopen the pool, stating that “the agencies have actively interfered with the compliance process.” The gym alleges that the delays and closure have cost it more than four dozen members and caused significant financial losses.
Legal Demands: Compensation and a Path Forward
In its lawsuit against the state, Custom Fitness is asking for financial compensation to cover the damages it has incurred from the pool’s prolonged closure. The company is also requesting a declaration from the court that replacing the water heaters and filters should not be classified as “reconstruction,” which would exempt the repairs from requiring a permit under Iowa law.
Bailey’s complaint emphasizes that Iowa Administrative Code requires the state to issue decisions on permit applications within 15 days, far from the three years it claims it has waited. “Despite requests in 2024 for the state to process Custom Fitness’s March 2021 plan and permit application, DIAL refuses to do so,” the lawsuit states.
If successful, Custom Fitness hopes the lawsuit will force DIAL to act on its application and reopen the pool for its 1,800 members.
Pool News
Blue Wave Recall on Over 13,000 Above Ground Pools
Blue Wave has issued a recall affecting multiple above-ground swimming pool models after federal safety officials identified a potential drowning hazard involving children.
The recall, announced by the U.S. Consumer Product Safety Commission (CPSC) on December 18, covers approximately 13,400 Blue Wave brand above-ground pools that are 48 inches deep or taller and utilize an exterior compression strap as part of the pool’s frame system.
Reason for the Recall
The affected pools feature a compression strap positioned around the outside of the vertical support poles. While the strap is designed to provide structural stability, the CPSC determined that its placement may unintentionally create a foothold.
According to the agency, this foothold could allow children to climb into the pool, even when the ladder has been removed, creating a risk of unsupervised access and potential drowning.
No injuries or fatalities have been reported in connection with the recalled products at the time of the announcement.
Affected Models
The recall applies to the following Blue Wave above-ground pool models:
• Blue Wave 15-Ft Rd 48-In Active Frame Pool
• Blue Wave 18-Ft Rd 52-In Active Frame Pool
• Blue Wave 18-Ft Rd 52-In Dark Cocoa Wicker Frame Pool
• Blue Wave 24-Ft Rd 52-In Dark Cocoa Wicker Frame Pool
• Blue Wave Rustic Cedar 15-Ft Round 48-In Deep Frame Swimming Pool Package W/Cover
• Blue Wave Rustic Cedar 18-Ft Round 52-In Deep Frame Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Gray Rattan Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Espresso Wicker Swimming Pool Package W/Cover
• Blue Wave 15-Ft Round 48-In Navy Blue Frame Swimming Pool Package W/Cover
• Blue Wave 18-Ft Round 52-In Navy Blue Frame Swimming Pool Package W/Cover
• Blue Wave 15-Ft Round 48-In Aspen Swimming Pool Package W/Cover
• Blue Wave Mocha Wicker 18-Ft Round 52-In Deep Swimming Pool Package With Cover
• Blue Wave Mocha Wicker 24-Ft Round 52-In Deep Swimming Pool Package With Cover
• Blue Wave Laguna 15-Ft Round 48-In Deep Swimming Pool Package With Cover
• Blue Wave Laguna 18-Ft Round 52-In Deep Swimming Pool Package With Cover
All affected models share a common design feature: an exterior compression strap that encircles the pool’s vertical supports.
Sales Channels and Distribution
The recalled pools were sold nationwide from January 2021 through July 2025 through a mix of big-box retailers, sporting goods stores, and online marketplaces, including:
• The Home Depot
• Lowe’s
• Dunham’s Sports
• Amazon
• Walmart
• Wayfair
Retailers have been notified to halt sales of affected models and to direct customers to the manufacturer’s recall remedy.
What Dealers and Retailers Should Know
For dealers and retail partners, the recall highlights the importance of prompt inventory review and customer outreach. Any remaining unsold stock matching the recalled models should be removed from the sales floor and distribution channels immediately.
Retailers that sold affected units during the recall period may see an increase in customer inquiries regarding eligibility, repair kits, and interim safety measures. Clear communication at the point of contact will be critical, particularly around the distinction between structural components and ladders, which many consumers assume are the primary access risk.
Service professionals and retail staff should also be prepared to explain that the recall does not involve a full product replacement, but rather a manufacturer-provided modification designed to eliminate the foothold while maintaining frame integrity.
Manufacturer Remedy
Blue Wave is offering a free repair kit to affected pool owners. The kit replaces the exterior compression strap with a lower-profile system installed closer to ground level. Once the repair is completed, the original strap can be removed.
Until the repair is installed, the manufacturer and CPSC recommend that pool owners prevent unsupervised access to the pool area or drain the pool temporarily.
Dealers and service professionals should advise customers not to remove or cut the compression strap prior to installing the repair kit, as doing so could compromise the pool’s structural stability.
Manufacturer
New Poolsafe Removable Mesh Safety Fences
Poolsafe LLC, offers new mesh, removable safety fencing designed to be installed around any pool shape or size. Uses patented, transparent, large-hole ClearGuard™ Mesh for better visibility into the pool area, while also blending the fence into backyard. Lockable, self-closing Triton™ gate features a curved top bar to help prevent climbing. Unique Tri-Pod Truss system keeps gate aligned with daily usage. Available in 4ft and 5ft heights, in black, brown, beige, or gray colors.
https://poolsafe.com/
(888) 489-2282
Industry News
Latham Group Appoints Sean Gadd as Chief Executive Officer
Latham Group, Inc. (Nasdaq: SWIM), the largest designer, manufacturer, and marketer of in-ground residential swimming pools in North America, Australia, and New Zealand, appoints Sean Gadd as the company’s new President and Chief Executive Officer as part of a CEO transition that will take effect on January 5, 2026. The appointment follows a comprehensive search as part of a succession planning process led by the Board and current CEO Scott Rajeski, who will be retiring from Latham and will serve as a special advisor to the company.
Sean Gadd comes to Latham following a 21-year career at James Hardie. He most recently served as President of North America since 2022, where he has had full P&L responsibility for James Hardie’s largest regional business. Prior to his role as President of North America, Sean served as Executive Vice President, North America, Commercial (2018-2022) and Executive Vice President, Markets and Segments, North America (2015-2018) at James Hardie, leading the front end of the business across product, marketing, and sales. Sean has been instrumental in spearheading James Hardie’s substantial organic net sales growth since 2022, driving material conversion and deeper market penetration through a refined go-to-market strategy targeting end-users via channel partners. Sean brings experience that is directly comparable to Latham’s material conversion and Sand State initiatives, and his demonstrated success in driving strategic growth will be invaluable for Latham and its shareholders.
James E. Cline, Chairman, commented, “Sean is known as a strong leader and brand-builder and has an impressive track record of driving growth at James Hardie. We are thrilled that he has accepted the CEO role at Latham, and the Board believes Sean will be able to leverage his robust commercial experience, sector knowledge, and branding expertise to accelerate our ability to continue to gain share and further the conversion to fiberglass from concrete pools.”
“I am pleased to be joining Latham and am looking forward to building on its achievements to date. This is an excellent opportunity for me to utilize my experience in the building products category to drive further market penetration and adoption of Latham’s top-quality products and greater recognition for its superior service standards,” Mr. Gadd commented.
Mr. Gadd will also become a member of Latham’s Board of Directors, replacing Mr. Rajeski, who is resigning from the Board concurrently with his retirement.
Mr. Cline commented, “On behalf of the Board of Directors, I want to express our deep appreciation for the contributions that Scott Rajeski has made to Latham during his long tenure at the company, first as Chief Financial Officer and, since 2017, as President and Chief Executive Officer. Under his leadership and that of his executive and operating teams, the company went public in April of 2021 and has experienced substantial growth, demonstrated resilience within a difficult industry environment, and built a strong financial position.”
Mr. Rajeski noted, “It has been a privilege to serve as the President & CEO of Latham alongside the talented executive and operating teams that we have at the company. Together, we have advanced the awareness and adoption of fiberglass pools and autocovers, while implementing production and related efficiencies that have streamlined our operations. I am proud to be retiring as CEO of Latham with the company in a strong financial position and in very capable hands. Throughout my conversations with Sean, I have been very impressed with his leadership capabilities and background, and I am confident that he will bring a unique skillset that will allow Latham to continue to outperform the industry, gain further traction in the important Sand States, and remain an acquirer of choice.”
About Latham Group, Inc.
Latham Group, Inc., headquartered in Latham, NY, is the largest designer, manufacturer, and marketer of in-ground residential swimming pools in North America, Australia, and New Zealand. Latham has a coast-to-coast operations platform consisting of approximately 1,850 employees across around 30 locations.
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