Apartment firms offering pools or spas at their properties must comply with new regulations that are effective December 19, 2008. Specifically, the Virginia Graeme Baker Pool and Spa Safety Act require firms to install approved anti-entrapment devices. Importantly, firms should note pools closed for the season are not required to comply with the law until they re-open.
NAA/NMHC has been working closely with the U.S. Consumer Product Safety Commission (CPSC), the agency responsible for enforcing the law. Most recently they met with CPSC staff and sent a letter to the Commission requesting an extension or recognition of good faith compliance efforts for owners who are unable to meet the deadline due to product or labor shortages.
Given the significant and serious safety considerations, however, instead of offering broad relief, the CPSC prioritized its enforcement targets in a press release. According to the release, which is posted at www.cpsc.gov/cpscpub/prerel/prhtml09/09065.html, the CPSC will focus on what it considers high-risk pool and spa operations, such as those children are most likely to use. Initial enforcement efforts will be directed at:
- Baby pools*
- Wading pools or those designed for toddlers*
- In-ground spas*
*where they use flat grate main drains and single main drain systems
The CPSC strongly encourages pool owners to continue their efforts to come into compliance as soon as possible. In a call with CPSC, officials indicated while they cannot direct the efforts of the states, they are hopeful the states will adopt similar enforcement priorities.
Apartment communities who are not yet in compliance (and whose pools are open this time of year) are strongly advised to continue efforts toward full compliance. Firms should also document all product and work orders, and if you operate one of the three priorities listed above, pay special attention to get them into compliance first.
More information on the law and its requirements is available at www.cpsc.gov/whatsnew.html#pool.
*Pool Drain Cover Recall
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The U.S. Consumer Product Safety Commission (CPSC), in cooperation with eight manufacturers, has announced a voluntary recall of several pool and in-ground spa drain covers. The recalled drain covers were incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers and bathers. A CPSC press release (http://1.usa.gov/jMK4q6) lists the eight affected manufacturers and offers additional information. The manufacturers are listed below -
According to the CPSC release, pool owners/operators who have one of the recalled pool or spa drain covers should immediately contact the manufacturer to receive a replacement or retrofit, depending on their make and model. Except for kiddie pools, wading pools and in-ground spas, retrofit or replacement of installed covers are not required in pools with multiple drain systems or gravity drainage systems or for covers installed before December 19, 2008.
Apartment firms are encouraged to contact the Drain Cover Recall Hotline toll-free at (866) 478-3521 any time or visit the Drain CoverRecall website at http://www.apsp.org/draincoverrecall for additional information.
In a Memorial Day weekend speech, CPSC Commissioner Inez Tenenbaum said operators of kiddie pools, wading pools and in ground spas should immediately assess whether their pools are equipped with a cover made by one of the identified manufacturers. If they are, they should:
1. Contact the manufacturer right away. Note that not all drain covers are impacted. The manufacturer will help you determine if your drain covers are covered by the recall and help you secure a replacement if they are.
2. If a replacement cover is necessary, you must close your pool until the necessary work is completed.
However, pools with multiple drains or gravity drainage systems do not have to replace their covers.