While coronavirus-mitigating measures have largely allowed pool/spa construction to continue across the country, at least three states so far have banned these activities.
In late March, New York and Pennsylvania prohibited most types of construction. Pennsylvania Governor Tom Wolf banned the operation of businesses other than those deemed “life sustaining,” but excluded construction from the list of allowable industries. Shortly after, New York Governor Andrew Cuomo removed construction from his list of essential businesses. Last month, New Jersey followed suit, when Governor Phil Murphy issued an executive order that only allowed construction it considers essential, for such applications as hospitals, schools and affordable housing.
Regarding construction already in progress, New Jersey’s language allows contractors to perform work needed to make the sites safe. New York and Pennsylvania, however, do not make such allowances at press time. The Northeast Spa and Pool Association was seeking clarification on whether pool/spa builders can do any finish-up work in New York, New Jersey and Pennsylvania. Builders had been applying for waivers but reported that the state stopped accepting such requests. In the meantime, contractors were erecting temporary fencing if it wasn’t already in place.
But the industry doesn’t view that as sufficient. “Temporary construction fencing is designed to keep people out while a site is active,” said NESPA Executive Director Dominick Mondi. “If it’s set indefinitely, those protections are not adequate to keep people from getting in the pool area and creating a hazard.”
Homeowners also worry the incomplete projects may endanger their families. “I’ve heard of homeowners reaching out to contractors saying, ‘You have to come back — my backyard is not safe,’” he said.
But getting the government to allow finish-up work is only the first step. “Even if we get an exemption, I don’t know if our subcontractors [will be allowed to work], and if they’ll be willing to come out and finish,” said Adam Fronheiser, vice president of Fronheiser Pools in Bally, Pa.
Beyond the issue of safeguarding sites, pool/spa builders in the three states had to find ways to generate what income they could. Since design work can be performed in staffers’ homes, a fair amount of this work continued. But without the green light to build, contractors have had to either lay off crews or find other work for their permanent construction employees.
Many of the seasonal workers common in the cold states were relieved of duty for the time being. “We do lay off the majority of our construction people over the winter,” Fronheiser said. “So it’s not a huge adjustment for them having to claim unemployment. It’s just obviously extending further out than we’re usually accustomed to.”
J. Tortorella Pools in Southampton, N.Y. is putting its permanent construction crews to work at its facilities — observing social distancing guidelines. “They’re cleaning the yards and the trucks and things like that,” said John Tortorella, president of the company. “They’re building some things that we can ship out once this thing turns. There’s not much more than they can do.”
Pool maintenance and service are still allowed, so Monogram Custom Pools of Coopersburg, Pa. is funneling some construction staffers into that work. “I’m keeping all my people employed,” said company President Tony Caciolo. “I have my construction supers and house supers helping open pools.”
Fronheiser explains to his crews that the company has to take the situation one day at a time. “It’s been really hard to plan for the unknown, in such an unprecedented situation,” he said. “We don’t really know what to expect or what to tell people other than we’re closely monitoring the situation.”
Homeowners understand the builders’ predicament and mostly accept the construction delays, these builders report. But Tortorella worries that patience may be frayed when construction can start back up. “We have several clients saying, ‘As soon as this thing breaks, can you put us first?’” he said. “Once it gets lifted I think the additional pressure will start because they’re going to be calling asking, ‘Where have you guys been?’”
