Pool and Spa Safety
Drowning is the second most common cause of death for children under the age of 14. One cause is the suction of pool and spa drains for circulating and filtering water. The suction is powerful enough to trap a child underwater until he or she drowns.
The Virginia Graeme Baker Pool and Spa Safety Act requires the installation of anti-entrapment drain systems in public pools. This includes pools open to members of an organization and their guests, including homeowner associations. The U.S. Consumer Product Safety Commission staff has prepared a document that addresses the requirements of the Act.
Drowning is the most common cause of accidental death for children under the age of five in California. Even though an association's pool may have originally been built without fencing, it must be installed. Each county may have specific pool fence requirements, but all residential pools must have pool fencing. Fences need to be 5 ft tall with gaps between fence slats of 4" or less and gaps of 2" or less under the fence. Gates must be self-closing and self-latching. Associations should have their pools inspected for proper fencing, gates, and signage. All safety requirements must be complied with, and a written record of the inspections should be kept on file.
The California Building Code (CBC) requires certain pool signs depending on your facilities. Although some of these requirements mention "public pools," for the purpose of these signs, "public pools" include those located in a association.
Associations may adopt rules prohibiting young children from using the spa. Even though discriminatory, there is a valid health reason for the restriction. Per California regulations, a spa's water temperature may not exceed 104 degrees. A spa's high temperatures are known to have adverse health effects on infants and toddlers.
Infants and young children are more susceptible to overheating than adults and should not be exposed to a spa's high temperatures. Spa manufacturers frequently provide age limit restrictions and temperature ranges in their literature. If boards adopt restrictions per the manufacturer's guidelines, they can defend against complaints of discrimination.
Generally, children 5 years old and under should not be allowed to use a spa, even with adult supervision. Children between the ages of 6 and 12 should always have an adult present when using the facilities. Older children using hot tubs should not soak for more than 5 to 10 minutes at a time. Prolonged exposure to hot temperatures can lead to dehydration, dizziness, and nausea.
Associations should regularly inspect and maintain their spas using licensed and insured vendor. They should also verify temperature requirements since statutes change from time to time. In addition, they should also have their spas inspected regularly by a licensed professional for proper safety equipment.
Pool Fencing and Gates Required
Drowning is the second leading cause of accidental death for children under the age of 14 in California. Even though an association's pool may have originally been built without fencing, it must be be installed. Each county may have specific pool fence requirements, but all residential pools must have pool fencing. Fences need to be at least 5 feat tall with gaps between fence slats of 4" or less and gaps of 2" or less under the fence. Gates must be self-closing and self-latching. Recommendation: Associations should have their pools inspected for proper fencing, gates, and signage. All safety requirements must be complied with, and a written record of inspections should be kept on file.
Animals in the Pool Area
Except for service animals, homeowner associations can prohibit animals from pool areas. If someone is blind and needs their guide dog to safely maneuver around the pool area, the association cannot prohibit the dog. An animal in the water is a different matter. According to the ADA's website, the ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public has access. If a person legitimately needs the emotional support of a comfort animal to use the pool, the animal can be brought into the pool area but not into the pool itself. Only service animals properly trained to assist a disabled person in swimming can go into the water. Even so, reasonable restrictions may be imposed regarding the protection of pool filters from animal fur and proper sanitation.
Disabled Pool Access
ADA regulations require that public swimming pools have a second means of access, such a rool lift or ramp, for the disabled. This requirement does not apply to HOA swimming pools unless the association has opened its pool to the public Notwithstanding, if a disabled person wants to install a lift so he or she can use the pool, and is willing to do so at their expense, the association must permit it. Boards are required to reasonably accommodate requests whenever possible.
Pool Covers are Optional
There are significant benefits to associations that cover their pools when not in use. The primary benefits of pool covers are that they: (1) save water by reducing the evaporation of water, and (2) reduce energy costs by reducing heat loss by up to 90%.
There are three kinds of pool covers: tracked, anchored, and floating, each with different safety issues and regulations. Floating covers cause the most concern since they are designed to float on the water. Covers can collapse under the weight of a child, allowing the child to become trapped under the cover and drown. As a result, pool covers are highly regulated. Associations with pool covers should check the regulations in their counties.
Homeowner associations that want to install a pool cover should:
- Contact their insurance broker to make sure there aren't any policy exclusions related to pool covers;
- Obtain approval from the applicable regulatory agencies;
- Follow applicable safety regulations;
- Hire licensed, experienced pool operators to maintain the pool, spa, and all equipment; and
- Have their insurance carrier inspect the pool and then implement any safety recommendations the carrier makes.
Anti-Entrapment Drains are Required
Drowning is the second leading killer of children under the age of 14 in America. The primary cause is the suction of pool and spa drains for circulating and filtering water. The suction is sufficiently powerful enough to trap a child underwater until he or she drowns.
The Virginia Graeme Baker Pool and Spa Safety Act is a federal law that requires the installation of anti-entrapment drain systems in public pools. This includes pools open to members of an organization and their guests, including homeowner associations.
To comply with federal law, require that swimming pools constructed before January 1, 2010, be properly retrofitted with anti-entrapment devices by no later than July 1, 2010. No further retrofitting is required for swimming pools that completed such a retrofit between December 19, 2007, and January 1, 2010, if the retrofit complied with the Virginia Graeme Baker Pool and Spa Safety and if the association files a proper statement of compliance with the California 's Department of Public Health before September 30, 2010. This is something that the installer would normally do.
HOA Board Negligence
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