If your community association does operate a swimming pool or spa and you are not aware of the federal Virginia Graeme Baker Pool and Spa Act, you need to familiarize yourself with the Act and its mandatory requirements. The Virginia Graeme Baker Pool and Spa Act (named after former secretary of state James Baker's granddaughter who drowned because of a spa drain in 2002) was adopted in 2007 and is effective for all "public" pools and spas December 19, 2008. The Act includes condominium, homeowner association, and neighborhood swimming pools within the definition of public. The pool/spa must be compliant with the act before opening. Essentially, the Act requires existing pools to be retrofitted with certain drain anti-entrapment devices, and new pools must be constructed with such devices. The Act specifies the minimum requirements.
Should a pool/spa open in violation of the Act, severe civil penalties may be levied against the community association. Contact a qualified pool technician versed in the requirements of this Act before opening your community association pool this season.
Matthew L. Winton, community association attorney
