New Federal Law Governing Operation of Public Pools/Spas Goes Into Effect

A new federal law has gone into effect that requires the operators of public pools and spas (including multi-tenant apartment projects) to install new drain equipment that is designed to help prevent children from being held under water, and maimed and/or drowned due to strong drain suction.  

The new law is called the “Pool and Spa Safety Act” and became effective on December 19, 2008.  This law was enacted as a response to a series of serious injuries and deaths that were caused by the strong suction from certain types of pool and spa drains.  This issue has received a significant amount of attention in the national press.

Under the law, all public pools and spas must have ASME/ANSI A112.19.8-2007 (or any successor standard) compliant drain covers installed, and a second anti-entrapment system installed when there is only a single main drain.  Operators who do not comply with this new law could be forced to close down their pools/spas and could also face significant possible civil and criminal penalties, even if there are no injuries in their pools/spas.  Operators could also face significant additional legal exposure if there is an injury or death related to a drain.

Given the public attention that has surrounded this new law, any operator of a public pool or spa should take immediate action to comply, and should consult with legal counsel if there are any questions regarding their obligations under this new law.