Kids and families hoping to swim at the Brookhaven Swim Club were banned from the pool over Memorial Day weekend by the lack of action from Delaware County’s new Health Department.
In a message to members, Brookhaven Swim Club announced, “We are extremely disappointed to announce that, at the direction of the Delaware County Health Department, the Brookhaven Swim Club is unable to open this weekend. We experienced an unanticipated water test result on Friday (May 23) morning that we believe could and would have been resolved by late Friday afternoon.”
The problem?
“Unfortunately, the DCHD is not able and not willing to conduct the needed follow-up water testing until Tuesday, May 27, 2025. In accordance with their directives, the facility must be closed until we pass their inspection,” the message read.
“They hope to have the pool open by May 31 and offered members one free guest pass to use during the season as “a small token of apology and compensation.”
For decades, Delaware County operated without the expense and overhead of a county health department. The decision by the Democratic-controlled county commission to spend about $9 million to create the department in 2022 was controversial at the time. A series of lawsuits and public stumbles have followed.
Critics say that, in the pre-county health department era, there would not have been a problem at Brookhaven.
“While the Brookhaven Swim Club is not a borough-owned entity, and I cannot speak for its board, it is unfortunate that the DCHD is seemingly unavailable on weekends,” said Brookhaven Council President Terry Heller.
“My understanding is that it was unable to open due to high chlorine levels and a loose railing. The inspection was conducted Friday morning and a reinspection was unable to be scheduled due to the lack of weekend hours. The railing was fixed in short order, and the chlorine levels stabilized within two hours.
“The DCHD ripped away the rights of most municipal-run health departments unnecessarily and is dysfunctional and a waste of taxpayer dollars, in my opinion,” Heller added.
Lawyer Frank Catania has been involved in the litigation over the Delaware County Health Department. The Commonwealth Court recently ruled in the towns’ favor, but the county may appeal, he said.
“Unfortunately, all their actions appear to be weaponizing the health department, said Catania. “And I’m not sure what the goal is because that’s certainly not their function. They’re not user-friendly at all in any aspect of their operations. They have declared war on the municipalities that wanted to remain in the (health inspection) business rather than working together, as the secretary of health recommended. They’re waging war against us.”
“They’re not a 24/7 operation,” said Catania. “And the local communities have always been that.”
And it was a holiday weekend.
“All opening pool inspections are scheduled and planned ahead of DCHD environmental health specialists’ arrival,” Rankin said. “The pool owner-operator is required to meet all the regulatory expectations at the time of the inspection. Brookhaven Swim Club’s pool chemical (chlorine) levels and pH levels were tested by DCHD on 5/23/25 and found out of range during the inspection. The pool was scheduled for reinspection on 5/27/25, and during the inspection on the 27th, the pool was permitted to open to the public due to all violations being corrected.”