Hot Tub - The Whaler on Ka'anapali Beach

Q1: What are we doing regarding signage for the hot tub?

A: The Operations Committee reviewed some options at its May meeting and will make recommendations at the September meeting. The Committee is extremely limited in the wording that can be used due to legal restrictions that apply to condominiums, but not hotels. Currently, this is the sign that was installed as a result of concerns expressed by owners, and based on legal advice.

Date Posted: June 10th, 2013
Committee: Operations Committee

Update on Tuesday, May 14, 2013 at 9:33AM
Q2: Can we restrict young children from using the hot tub?

A: There are laws in place to protect against age discrimination. Our legal counsel provides guidance on the issue:

Legal Opinion From Richard Ekimoto

Hawaii Revised Statutes Section 515-3 (http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0515/HRS_0515-0003.htm) prohibits discrimination on the basis of age and familial status (families with children under the age of 18). Age discrimination would be any discrimination related to the age of an individual, while familial status discrimination relates to families with minor children. There is a similar provision under the Federal Fair Housing Act.

The case law indicates that you can adopt legitimate safety restrictions, but that does not address the restriction some of your owners are asking for. An outright prohibition on children under the age of 10 using the hot tub or swimming pools, is probably illegal. The reason is that there does not appear to be a safety reason to prohibit children under the age of 10 from using the hot tub or pool. In the swimming pool, a less restrictive alternative is swimming proficiency or adult supervision. (see Hawaii Civil Rights Commission publication located here: http://labor.hawaii.gov/hcrc/files/2013/01/INFOhouse.pdf — gives “a condominium’s by-laws prohibit children from using the swimming pool” as an example of housing discrimination).

Answer posted: 5/14/13
Committee: Operations

Update on Tuesday, May 14, 2013 at 9:35AM
Q3: Can we restrict young children requiring swim diapers from using the hot tub due to potential health issues resulting in swim diapers not adequately protecting against leakage?

A: This is related to the laws in place to protect against discrimination. In addition, the Department of Health (Maui Office) provides guidance on the issue:

There is no language in the law that allows restricting use of the pool due to this concern. If the property is properly maintaining the pH and chlorine levels in the hot tub then that is adequate protection against the bacteria that might be present. If there is an incident of released excrement, the same protocol applies as when this type of event occurs no matter the origination. Everyone is asked to vacate the pool or hot tub, staff treats with the proper chemicals and the pool or hot tub remains closed until safe to enter. (usually 3-5 hours)

Answer posted: 5/14/13
Committee: Operations

Update on Tuesday, May 14, 2013 at 9:36AM
Q4: Can we restrict young children from using the hot tub due to potential health hazard resulting from overheating or skin burn?

A: This is related to the laws in place to protect against discrimination. In addition, the Department of Health (Maui Office) provides guidance on the issue:

The hot tub temperature should always be within the allowable range (max 104) and the Health Department has no authority to restrict use of the hot tub based on age. It is their position that monitoring is the responsibility of the parent. It is suggested that we put cautionary signs to protect us against liability as well as educate parents about the potential hazards as a way to address concerns.

Answer posted: 5/14/13
Committee: Operations

Update on Thursday, June 6, 2013 at 7:21AM
Q5: Why can’t we get the bubblers working again?

A: The original hot tub bubbler was a poor design and although the pump was replaced several times could not maintain service with our high demand. We are currently investigating a system that would provide spa type bubbles that will not overflow the side or generate allot of noise as the original systems did.

Answer Updated: 6/6/13
Committee: Operations & Building

Update on Thursday, June 6, 2013 at 7:34AM

Q6: What temperatures do we maintain the pool and hot tub at?

A: Pool has a set point of 86 degrees and the hot tub is set at 104 degrees. Weather conditions may cause this to vary by 2 or 3 degrees.

Answer posted: 6/6/13
Comittee: Operations