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.

Swimming Pool Defects

Defective swimming pool claims may involve design defects, construction defects or both. Generally, these claims include cracking, undersized pipes, improper mix, structural defects, leaks, movement, slippage, and/or other soil related problems.