Drowning is the second leading killer of children under the age of 14. One cause is the suction of pool/spa drains for circulating and filtering water. The suction is powerful enough to trap a child under water until he/she drowns.

Federal Law. The Virginia Graeme Baker Pool and Spa Safety Act requires the installation of anti-entrapment drain systems in public pools. This includes pools open to members of an organization and their guests, i.e., homeowners associations. The U.S. Consumer Product Safety Commission staff prepared a document that spells out the technical requirements of the Act.

State Law. To comply with the Federal Pool and Spa Safety Act, California amended Section 18942 of, and added Sections 116064.1 and 116064.2 to, the Health and Safety Code, to require that swimming pools constructed prior to January 1, 2010, be properly retrofitted with anti-entrapment devices by no later than July 1, 2010. No further retrofitting is required for swimming pools that completed such a retrofit between December 19, 2007 and January 1, 2010 if the retrofit complied with the Virginia Graeme Baker Pool and Spa Safety and if the association files a proper statement of compliance with California’s Department of Public Health prior to September 30, 2010.

QUESTION: Our gated homeowners association has a fenced pool that needs a key to get into. Our CC&Rs state that anyone 14 or younger must be accompanied by a homeowner. Would we need to comply with the new pool safety act?

ANSWER: You cannot rely on your rules to protect you--children and parents don’t always follow rules. In addition, older people as well as children can drown if caught in pool suctions. Installing the mandated safety equipment is a lot less expensive than drownings, criminal penalties, imprisonment, and civil liability.

VOTING ON POOL SAFETY

QUESTION: The board is looking into getting the necessary drain systems to bring our association into compliance with the law. However, the board does not want to close the pool until the work is done because they say the risk of anything happening is so small. What can I do, as the lone board member who wants to close the pool, to protect myself?

ANSWER: Make sure your vote to close the pool is recorded in the minutes. If your fellow directors refuse to record your vote, send a letter to the board and management company making your position clear. Save a copy in your files. Your fellow directors may be correct that the risk of injury is low. If they are wrong and someone is injured, the association and all its directors will likely be sued. Your letter will be important in your defense.