The Virginia Graeme Baker Pool & Spa Safety Act came into effect on December 19, 2008. The Act was passed to reduce the number of childhood deaths from drowning in pools. Associations must be aware of the Act because it requires every pool within a Common Interest Development (CID) to meet very specific standards outlined in the Act. The Act is a federal law, so this means CIDs in every state must comply with it regardless of the requirements set by the current laws in their state.
Although there are clearly good intentions behind the creation of the Act, compliance has been more difficult than anticipated. Confusion over the precise requirements of the Act and difficulty obtaining pool components which comply with the Act have led many Associations to miss the December 19, 2008 compliance deadline. If your Association believes it may have pools which still do not comply with the Act, prompt action should be taken.
It is essential for Associations to remain updated on important laws such as this one. Please contact Silldorf & Levine, LLP if you have questions about current laws which affect your CID.