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.
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.