There has been an abundance of discussion in the past few months regarding the Virginia Graeme Baker Pool & Spa Safety Act.  This Federal law obligated every pool within a Common Interest Development to come into compliance regarding their pool drains and pumps by December 19, 2008.  While the method of compliance differs for every pool, the one certainty is that all associations must comply.

One of the questions raised is whether California intends to enforce this law.  The answer is no.  This is a Federal Law and the Consumer Product Safety Commission (CPSC) is charged with enforcement.  Whether California enforces the law is irrelevant.

One area in which California can become involved, however, is by modifying the existing pool safety law to require that all pools (as opposed to future construction) come into compliance with this Federal Act.  By doing so, California could become eligible for grants from the Federal Government.  California could use these grants to ensure compliance or to provide incentives for repairs.

As it currently stands, however, California law does not go as far as the Federal Law and therefore no grants are available to California or individual associations.  If this changes, we will certainly keep you all updated!