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twitterNew law will keep swimmers high, dry
Communities that can’t comply won’t be able to open pools this summer
Richard Brian
Mike Heiney, owner of Westside pools, compares an old pool drain cover, left, with a new anti-entrapment cover designed to prevent death. Federal law requires that public and community pools and spas have the drain covers installed, which Heiney calls “an expensive process.”
Monday, March 30, 2009 | 2 a.m.
Prompted by drownings of youngsters pulled to the bottom of swimming pools by the overpowering suction of pool filters, including the death of the 7-year-old granddaughter of former Secretary of State James Baker, Congress in 2007 passed a law requiring that public and community swimming pools and spas be retrofitted with safety devices.
The law went into effect in December. But scores of homeowner associations across the Las Vegas Valley have yet to do the work and are telling their members not to count on enjoying their pools this summer.
Some of the associations say they don’t have the money. With so many foreclosures, their income from homeowners dues has plummeted.
The managers of other homeowner associations that can afford the retrofitting say they won’t be opening their pools for other reasons. They blame confusion over conflicting federal and state laws, a paucity of parts and a backlog of requests at the Southern Nevada Health District to sign off on the retrofits.
Association managers say their clients sympathize with the intent of the law but are frustrated in trying to comply with it.
“I don’t want to worry about my children’s hair getting stuck,” says Jamie McCafferty, owner of Excellence Community Management, which operates about 150 HOAs valleywide. “And obviously it’s a hazard. But it’s a difficult time to do this; it’s been hard on HOAs with all their defaults.”
Mary Bolchalk of Adept Property Management expects that three of her 30 HOAs won’t have a pool operational this summer. (The law extends to hotel and municipal pools, but not those at private residences. About 4,200 pools valleywide are affected by the federal act).
Retrofitting can cost upward of $40,000 but averages about $5,000, according to contractors and health officials.
The average cost isn’t a pittance to aging developments with fewer than 100 units. Donna Barbee, a regional vice president of Griswold Real Estate Management, says two of her communities almost certainly won’t open their pools this summer.
“I’ve got residents asking for refunds,” Barbee says. “We don’t know if we’ll be able to do that. And if we raise dues higher, I’ll have more homes in foreclosure.”
One of the associations Barbee manages, near Wynn Road and Twain Avenue, hosts a pool for a community with 200 units, but only 48 were built. The bill for a pool that size would run $14,000, Barbee says. So she tried to secure loans, but the association of 900-square-foot townhouses has a high delinquency rate. If she can even get a loan, it will carry a high interest rate.
Bolchalk assumes that most people in these poorer HOAs can’t afford a vacation this year, even to the California coast. “So they’ll expect to use their facilities, but they might not,” she says.
The extent of pool-less HOAs could have been worse valleywide, at least at the start of summer: The shortage of drain supplies has eased since last month, pool contractors say, and concern over compliance with the law has eased somewhat.
The federal Consumer Product Safety Commission enforces the Virginia Graeme Baker Pool and Spa Safety Act — not the Southern Nevada Health District or a state agency.
That initially proved problematic: the health district may not enforce the law, but its staff must issue work permits and approve any pool rehabilitation. So there’s a a growing backlog of approval requests, even with the earlier shortage in drain supplies. Some managers blame former district officials for failing to prepare for this summer upon the bill’s approval. Other managers acknowledge they share in the blame. They say they’ve known about the new law since early 2008, but the deepening recession delayed their own timeline until recently, overwhelming pool contractors and district officials.
The health district recently tweaked its approval process, allowing HOA managers to reopen their retrofitted pools without an inspection. If an inspector later identifies a problem, the pool will be closed to address it, says Glenn Savage, an environmental health director for the health district.
The district’s procedural change has pleased informed HOA managers, but several still are unclear about the details. Some managers are unaware that legal verification of the new approval process is available on the health district’s Web site.
And contractors say there is an inconsistency between the federal and state laws: Some safer drain covers are so thick they may not comply with state law because they can stub toes, says contractor Joe Blockovich. But a health district spokeswoman says federal law trumps state code, so the shape of drain covers shouldn’t halt the retrofitting.
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The Sun
Locally owned and independent for more than 50 years.
Yhis is unbelievable....!10% out and I can't use my pool?
Could'nt we at least let adults swim,And,Keep 5 yr old politicians kids outta the pool.
This town is starting to suck !!!!!
How can changing a cover with 2 screws cost $5000 somebody is having a laugh all the way to the bank.
Now here's a business opportunity for those without a job. Start charging $3000 to do the conversion. That will save people $2000 and the parts will only set you back a few hundred bucks. If you dont have a job look into this. Hell I may do it on my days off. Easy money!!!!
Every death or injury of a child is a tragic occurence, but according to the US Consumer Product Safety Commission, there have been 9 deaths and 63 injuries related to pool drain entrapment in the past 8 years. As the president of a very small homeowners' association I think this law is an unnecessary burden. There are so many other, more important and much larger threats to childrens' safety than this. In an economic environment where we all must make painful choices on where to spend our diminished budgets, this is not the best way to protect our children.
im wondering how long it will be till there is a law against farting in public because of the omitted gas? sounds like the law was written for a few to make a buck on the parts!
How's this: Tell your kids to stay away from the pool drains or they'll get sucked into them. That worked for me, and my friends, and we all somehow survived our childhoods.
scouser, I agree, what in the heck is going on with this stupidity.
This is a drain cover for heavens sake. A molded piece of plastic and two screws. If it requires more than that this really shows why the Air Force has toilets seats that cost $ 8,000.
Stubbed toes?, really, in a swimming pool?
No wonder our country is starting to suck so much, nobody has a functioning brain anymore.
Here's why these anti-entrapment systems cost thousands of dollars, according to pool contractor Joe Blockovich: You're adding more than just drain covers. You're adding machinery.
Let's say, hypothetically, you were to add this system to an existing spa. You'd need two pumps - one for circulation, the other for jet-boosting. That would run you about $3,400, because the pumps are equipped with what are known in the industry as "suction vacuum release systems" and, Blockovich says, are programmable to run at various horsepower. You'd also need to buy the drain covers mentioned in the story, which cost $500 to $1,000.
I need to go into the Drain Cover manufacturing business. Wow $500-$1000 for piece of plastic?
Our HOA just retrofitted our pool. The cost was less than $3,000. The Sun story only focuses on the drain cover. The major cost comes from a new required suction vacuum release syslem, not from the drain cover. Obviously, labor is large component when new equipment is installed.
The part about the cost of the new pump machinery should have been included in the story, but nobody is perfect and I comment Mr. Eckhouse for adding the additional information in the comments.
rumrunner, be careful what you say , about farting, because some states have already tried to charge farmers for the gas emmitted by their cows, and pigs ! i am serious !!
http://www.poolcenter.com/pool_main_drai...
The above website sells VGB Act approved replacement drain covers starting at $29.97 each. At installation of $3,000.00 each, I'd come out of retirement and start my own business.
As a pool contractor, this law has been an overwhelming burden for the HOAs and apartment complexes,but equally frustrating for our industry. Two govt agencies trying to hash out what's acceptable and what's not is a perfect example of federal govt trying to control every aspect of every business. Yes, safety guidelines need to be given, but if you could see the chaos that has ensued trying to have states coordinate with the feds, it has been a joke!
All public pools and spas have (had) until December 19, 2008 to have ASME/ANSI A112.19.8-2007 compliant drain covers safely and securely installed and a 2nd anti-entrapment system installed where there is only a single main drain.
Counties enforcing pool safety codes have no authority to enforce this federal law.
Refs:
http://www.cpsc.gov/businfo/vgb/poolspa....
http://www.nspf.com/Documents/CPSC_Artic...
http://www.eastvalleytribune.com/story/1...
Another bad law?
"I don't want to worry about my children's hair getting stuck," says Jamie McCafferty, owner of Excellence Community Management, which operates about 150 HOAs valleywide. "And obviously it's a hazard. But it's a difficult time to do this; it's been hard on HOAs with all their defaults."
I was under the impression all community and public pools required those with long hair to wear swimming caps, at least they use to? Which leads to the question regarding victims cited as drain entrapment injuries/deaths how many were wearing swimming caps?
Additional suggestion would be to simply run the pool system on scupper (top) suction ONLY while being occupied.
How about the filter system only run at night after hours...That way the pool would not be a danger to swimmers during the day...
My question is... What about the private pools? They seem to be where a lot of drownings happen.
There are other alternatives that have been approved. For less than $2000 an Unblockable system can be placed over the existing drain to solve the problem and be in compliance with the law.
Private pools require 2 main drains instead of 1. And the main drain cover designs have changes. Also in NJ relieve valves have to be installed near the pump so if a blockage occurs at a main drain, they open up and cause the pump to loose its prime. Here are some other articles on pool safety for commercial and residential pools
http://www.1800pools.com/index/page/stat...