I am the vice president of my homeowner's association, and we have been confronted with compliance of the VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT of 2007.
In order to comply with the law, we have had to shut down the pools in order to do the work, which hasn't gone over too well with the residents.
So I have decided to post this blog to explain what the act is all about and why we had to come to the decision to close the pools temporarily in order to complete the work to bring the pools into compliance and not put our homeowners at risk.
This has been a very time-consuming issue that we have been dealing with since November of last year, and I want the residents to know the decisions we made were based on keeping the residents not only safe from any potential drowning hazards, but also keep them safe from any potential lawsuits that could arise as a result of keeping the pools open that are not in compliance.
Below is an excerpt from a newsletter sent to our management company that addresses the issue that I feel sheds light on our decision:
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
Drowning is the second leading killer of children under the age of 14. One cause of these drownings 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. The Virginia Graeme Baker Pool and Spa Safety Act was passed to deal with this issue. The law requires all public pools install anti-entrapment drain systems. This includes pools open to members of an organization and their guests, i.e., homeowners associations. The U.S. Consumer Product Safety Commission staff has prepared a document that spells out the technical requirements of the Act. HOA Boards should have a professional inspect their pools and spas to find out if they are in compliance with the new law. If the professional determines you are in compliance, get it in writing. If you are not in compliance, close the pool, pull the necessary permits and schedule the work. If you do not have enough money to cover the cost, use all of the means at your disposal to obtain the money, including, but not limited to, levying an emergency special assessment. If you are unsure of your options, consult legal counsel.
FENCES AND RULES
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 don't always follow rules--and courts do not consider such a rule adequate to protect you from the potential of liability. In addition, older people as well as children can drown if caught in pool suction. These kinds of drownings are not limited to children. It is recommended that ALL HOA's install the federally mandated safety equipment-it's a lot less expensive than drownings, criminal penalties (up to $1.8 million), 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 that 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 the 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. However, 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.
COUNTY APPROVAL INSUFFICIENT
QUESTION: Our pool only has one drain. We called the Los Angeles County Department of Public Health's Bureau of Environmental Protection Swimming Pool Program. We were advised that we do not have to have another drain installed until such time as we resurface, renovate, or drain the pool for any reason. Since we currently do not plan to resurface, renovate, or drain the pool, are we still required to have the work done and close the pool and lock the gate until the work is done?
ANSWER: The answer provided by the LA County Department of Public Health's Bureau of Environmental Protection is inaccurate. The new law AND the regulations adopted by LA County mandate retrofitting if you are not in compliance whether you intend to drain the pool or not. Ask the LA Public Health Bureau the following question, "Does our pool comply with the Virginia Graeme Baker Act?" If the answer is "Yes," get it in writing and open the pool. If the answer is "No," close the pool until your are in conformity with the Act. If you are not in compliance and if someone dies in your pool, in addition to having a death on your conscience, you face crippling lawsuits and massive fines.
Here is a great excerpt from their site:
They ROCK!!
