New rules for all public pools and spas, including apartment pools, go into effect on December 19, 2008. Check back here for the latest information, as we receive it.
**Update from NAA/NMHC - Tuesday, December 16, 2008As you know, apartment firms that offer pools or spas at their properties must comply with new regulations that go into effect on December 19, 2008. Specifically, the Virginia Graeme Baker Pool and Spa Safety Act requires firms to install approved anti-entrapment devices. Importantly, firms should note that pools that are closed for the season are not required to comply with the law until they re-open.
NAA/NMHC have been working closely with the U.S. Consumer Product Safety Commission (CPSC), the agency responsible for enforcing the law. Most recently we met with CPSC staff and sent a letter to the Commission requesting an extension or recognition of good faith compliance efforts for owners that 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 issued today. According to that release, which is posted atwww.cpsc.gov/cpscpub/prerel/prhtml09/09065.html, the CPSC will focus on what it considers high-risk pool and spa operations, such as those that 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 today, officials indicated that while they cannot direct the efforts of the states, they are hopeful the states will adopt similar enforcement priorities.
NAA/NMHC members who are not yet in compliance (and whose pools are open this time of year) are strongly advised to continue your 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 on our web site atwww.cpsc.gov/whatsnew.html#pool. If you have any questions, please do not hesitate to contact Jeanne McGlynn Delgado, NAA/NMHC's Vice President of Business and Risk Management Policy, at 202/974-2344 or jdelgado@nmhc.org.
------------------------------------------------------------------------------------------------------------------
Don't be caught without appropriate anti-entrapment devices installed in/on your pool drains.
Check out this article from NAA's UNITS magazine (log in required) for information on ways to comply with this law.
Here is an excerpt from the article: "According to the new Consumer Product Safety Commission Guidelines (Sec. 1404), each public pool and spa in the United States must be equipped with an approved safety drain cover by the deadline. These drain covers must have been tested and must be found to conform to the 2007 ASME/ANSI A112.19.8 performance standards. Representative examples of compliant drain covers include Drainsafe DS360 and Hayward Pool Products SP1153 AV/SP1154 AV."
Click here for additional guidance from the Consumer Product Safety Commission on the new guidelines.
Click here for a list from the CPSC of manufacturers of approved drain covers.