Information courtesy of Donna D. Berger, Esq.
Executive Director of the Community Advocacy Network (CAN)
Telephone: 954.315.0372, Facsimile: 954.315.0373 Web: www.canfl.com
Email: dberger@canfl.com

(An abbreviated version due to blog space limitations.)
On December 19, 2007, the President signed into law the Virginia Graeme Baker Pool and Spa Safety Act (the "Act"). This law was named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker who drowned in June 2002 after the suction from a spa drain trapped her under the water. This Act was first introduced by Florida Representative Debbie Wasserman-Schultz.

The Act specifies that on or after December 19, 2008, swimming pool and spa
drain covers available for purchase in the United States must meet specific
performance requirements. Additionally, public swimming pools, wading pools,
spas and hot tubs must meet requirements for installation of compliant drain
covers. New drain covers which meet the current standard are now beginning
to make their way into the marketplace. Additionally, in certain instances,
public pools and spas must have additional devices or systems designed to
prevent suction entrapment.

The Act defines the term "public pool and spa" to include a pool or spa that
is open to residents of a multi-unit apartment building, apartment complex,
residential real estate development, or other multi-family residential area.
Thus, pools and spas found in condominium, cooperative, homeowners'
associations, timeshares, and mobile home communities must be in compliance
with the Act.

These federal safety requirements will apply to your community association
pool regardless of when the pool was constructed, as of December 19, 2008,
unless there are multiple drains already in place.
If your pool is not in operation on December 19, 2008, these requirements
will not apply until your pool returns to operation.

The requirement that a public pool or spa be equipped with an
anti-entrapment device or system applies to public pools or spas with a
single main drain other than an unblockable drain.

Thus, a plain reading of the statute indicates that pools and spas with
multiple main drains are excluded from this provision.

If a pool or spa subject to the Act has more than one independent drain
served by a separate, dedicated pump, then each such drain is a "single main
drain" and must comply with the requirements of Section 1404 (c)(1)(A)(ii).

*This federal law contains no provision on its preemptive effect and,
therefore, does not by its terms expressly preempt state law. However,
section 1404(b) of the Act has been deemed by Congress to be a "consumer
product safety rule" under the Consumer Product Safety Act. For this reason,
it is believed that the preemptive provisions of Section 26 apply directly
to the Section 1404(b) requirement that all swimming pool or spa drain
covers manufactured, distributed, or entered into commerce in the United
States conform to ASME/ANSI A112.19.8. Drain covers or other anti-entrapment
systems or devices marketed or sold in the U.S. on or after December 19,
2008 need to meet the new federal standard.

The fact that the Act lays out "minimum" requirements
suggests that States can pass greater restrictions in this regard. The
impact of the Act on a particular state law or
regulation needs to be analyzed on a state by state basis.

If your community has a pool or a spa, please make sure to discuss these
federal safety requirements with your property manager, your association
attorney and/or a licensed engineer to determine whether or not your pool or
spa will meet these requirements as of December 19, 2008. If you have more
questions about whether or not your community pool or spa will be compliant
come December 19, 2008, please contact the Consumer Product Safety Commission at info@cpsc.gov or by phone at 800-638-2772 (TTY 800-638-8270). Hotline staff are available from 8:30 to 5:00 ET or you can leave a message any time to receive a return call.

> Discuss this entry