sacramento report

by Monica Guillén

With the current inactivity in the State Legislature due to the ongoing budget stalemate and legislators’ summer vacations, this issue of the “Sacramento Report” considers a new federal law governing swimming pool and spa safety. With the end of summer coming quickly and children returning to school, the use of the most complex swimming pools will slow down drastically. As such, the fall and winter months are a good time to make sure your pool complies with local and state law as well as the new federal “Virginia Graeme Baker Pool and Spa Safety Act.”

According to the Consumer Products Safety Commission, there are an average of 283 drowning deaths and 2,700 emergency room visits related to swimming pools and spas involving children under the age of five each year. One of the leading causes of drowning deaths and injuries is entrapment. Entrapment occurs when a person becomes caught in the strong suction in and around swimming pool and spa drains. In some instances, the force is so strong that the bather cannot break free. Indeed, sometimes the suction is so strong that rescuers cannot even break the force of the suction and the bather either drowns or is fatally injured before being released and pulled away. This new federal law seeks to minimize the risk of entrapment.

Federal safety law, 15 USC 8001, (www.cpsc.gov/pssa.pdf), requires all public pools and spas to have appropriate safety drain covers, and in certain circumstances, anti-entrapment systems no later than December 19, 2008. Under this new federal law, the definition of “public pools and spas” includes those that are open to residents of an apartment building or complex, residential development, or multifamily residential area, or patrons of a hotel or other public facility.

Under the new federal safety law:

• All drain covers must meet the American National Standard of the American Society of Mechanical Engineers (ASME) A112.19.8-2007, Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs. (Under this act, it is illegal to place any drain cover into the stream of commerce that does not meet the applicable standard.)
• Every new public pool and spa must be equipped with drain covers that conform to this standard and every existing public pool and spa must be retrofitted with drain covers that conform to this standard.
• Every new and existing public pool and spa that has a single outlet must have at least one of the following: a safety vacuum release system that complies with the American National Standards Institute and published by the American Society of Mechanical Engineers (ANSI/ASME) A112.19.17 or ASTM F2387; a suction limiting vent system; a gravity drainage system; an automatic pump shut-off; a drain disablement system; or an equivalent system that may be approved by the CPSC. This does not apply to pools with unblockable drains (those that are too large for a human body to block that cannot create a suction entrapment hazard).

Apartment owners and managers are advised to inspect their pools and spas to determine that appropriate drain covers are in place and to engage a pool professional as needed. If drain covers are missing, broken or loose, they need to be replaced or repaired so that they meet the new guidelines. (Be sure to close the pool or spa and disable all the drains until an approved cover can be obtained and installed.) Property owners should also ensure that all drain covers comply with ASME A112.19.8-2007. The cost of a compliant drain cover is about $300. Also make certain you regularly inspect all drain covers to ensure that they are in good condition and properly fixed in place. Failure to comply with this new federal law will be considered a violation of the Consumer Products Safety Act and may result in civil fines or criminal penalties.

For further pool and spa safety information, see CAA’s Background Paper #43: Swimming Pool and Spa Safety Requirements.

The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Monica Guillén is CAA’s vice president of public affairs. Copyright © 2008 by Black Point Press. All rights reserved.