Swim Diapers
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SWIM DIAPERS

The Center for Disease Control ("CDC") has adopted a "Vessel Sanitation Program" that strictly prohibits children in diapers or who are not toilet trained from using public swimming pools and whirlpool spas on cruise ships. This is to prevent pool contamination and the spread of gastrointestinal illnesses.

Fecal Tea Bags. The CDC has determined that swim diapers are not effective in preventing contamination. Although swim diapers prevent solid feces from escaping (assuming they are properly fitted and changed often), they cannot prevent leakage of urine or diarrhea, which contain infection-causing germs. Some refer to swim diapers as "fecal tea bags." See news release by the National Swimming Pool Foundation.

CDC Website. For more information about diarrhea and swimming see the information posted on the Centers for Disease Control website.

RECOMMENDATION. Based on CDC's rulings, it is our opinion that associations may adopt similar restrictions for their pools and spas. However, boards should be aware that various anti-discrimination laws prohibit discrimination based on age. Accordingly, boards should consult legal counsel to ensure their rules are properly drafted to apply neutrally to all persons  who cannot control their bladder or bowels, not just children.

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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