Is your Public Pool Ready for December 19th, 2008?

If you own or manage property with a public swimming pool (such as an apartment complex or condo unit with a community pool), take note. The Virginia Graeme Baker Pool and Spa Safety Act, a piece of federal legislation, states that as of December 19, 2008, all public pools and spas--new as well as existing--including those located in apartment buildings, must be equipped with anti-entrapment drain devices. The federal law (15 U.S.C. 8001 et seq.) applies to all public pools and spas in the United States regardless of the date of construction. The statutory language defines this to include a “swimming pool or spa that is open exclusively to residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multifamily residential area.”

What does this mean to you? If you own a condo in a community with a HOA-maintained pool, and that pool has not been brought up to the new standard, there may be potential disclosure issues when you sell your unit. Also, if there is an injury or death at a public pool that does not have an anti-entrapment drain device properly installed, the HOA or management company could be sued...