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POOL & SPA SAFETY ACT

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.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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