The document discusses the Virginia Graeme Baker Pool and Safety Act, a new federal law regulating pool safety. It notes that Texas pool safety rules already meet most of the federal law's requirements, except for drain covers. Members are advised to check if their current drain covers meet the ASME/ANSI 2007 standards required by the law. The document also encourages TAA members to get involved in voter registration and support endorsed candidates through the Voter Impact Program.

1. T
he Virginia Graeme Baker Pool and
Safety Act, adopted by Congress in
2007, becomes effective December
19. It promotes the safe use of
pools, spas and hot tubs by imposing
mandatory federal requirements for entrap-
ment avoidance. The new federal pool safe-
ty law also establishes a voluntary grant
program for states with laws that meet cer-
tain minimum requirements.
The federal Consumer Product Safety
Commission, which oversees this new law,
is responsible for issuing interpretations and
guidance for its implementation. The CPSC
published an initial draft interpretation of
the new pool and spa safety law earlier this
year, and the final guidance was issued in
June after public comments were made.
The new federal law supersedes pool and
spa standards such as the IBC, IRC and the
Texas Standards for Public Swimming Pools
and Spas, which regulate and protect
against entrapment and hair entanglement.
DRAIN COVER CHANGES
The good news is that Texas pool and spa
safety rules meet or exceed the require-
ments of this federal law, with one excep-
tion: drain covers. This means that if your
pool or spa complies with current Texas
rules governing entrapment protection, you
do not need to do anything at this time
with the exception of drain covers.
Therefore, commercial pools and spas that
are in compliance with the current Texas
requirements in 25 TAC Chapter 265, or res-
idential pools and spas in compliance with
IRC, will not be found to be in violation of
the new federal law.
The state agency that regulates pools and
spas, the Texas Department of State Health
Services, delayed the adoption of any rule,
code or standard that requires changes to
existing pool/spa equipment until the CPSC
final guidance was published. As soon as
DSHS publishes any guidance, TAA will
advise members.
As for drain covers, there is uncertainty
about the requirements because the new
federal law states that drain covers must
conform to the standard ASME/ANSI
A112.19.8-2007, Suction Fittings for Use in
Swimming Pools, Wading Pools, Spas, and
Hot Tubs. Currently, there are only two
drain covers that have met this 2007 ASME
standard, although others are being tested.
In addition, the testing procedure used by
ASME/ANSI on drain covers has been chal-
lenged recently, indicating that it may be
revised or repealed.
Because the ASME/ANSI testing procedure
has resulted in eliminating many previously
compliant drain covers, the outcome of the
challenge may be significant, since it may
determine whether your existing drain cover
is acceptable under the new federal law.
Since the new federal law will make it
unlawful to manufacture for sale, offer for
sale, distribute in commerce or import into
the United States any drain cover that is not
ASME/ANSI A11.12.8-2007 certified on or
after December 12, you should carefully
check to determine if this certification has
been made before replacing your current
drain cover.
TAA will continue to keep members
informed as this issue develops. TAA
encourages members who operate pools
and/or spas to closely monitor this until the
issue has been further clarified.
EXECUTIVE ISSUES FORUM
TAA's newest offering for rental housing
owners and management company execu-
tives, the Executive Issues Forum, will take
place October 22, at The Westin Oaks in
Houston. This interactive program is an
executive-level summit that gives you the
opportunity to interact with your peers,
share your company’s best practices and
hear from industry experts on key issues
facing the rental housing industry.
Don’t miss the chance to hear from fea-
tured participants from around the state on
topics including appraisal and taxes, the
upcoming legislative session, employment
law and other legal issues.
This unique program is designed just for
Texas rental housing owners, management
company executives or management-level
supervisors. Visit the Calendar section of
the TAA Web site, www.taa.org, to register
online or download the registration form.
EARLY VOTING STARTS OCTOBER 20
Election dates are fast approaching, and a
number of races on the ballot are of interest
to TAA members. Make sure your voice is
heard by casting your vote early, by mail or
on the official Election Day. The important
dates to remember are:
• October 6 – last day to register to vote
• October 20 – first day of early voting
• October 28 – last day to apply for a bal-
lot by mail
• October 31 – last day of early voting
• November 4 – Election Day
TAA’s legislative staff has developed a list
of endorsed candidates to help you cast
your vote for candidates sensitive to the
needs of the rental housing industry. Watch
for the October issue of TAA News & Views
for a list of TAA-endorsed candidates before
you head to the polls.
As a reminder, TAA’s Voter Impact
Program is in full swing, encouraging TAA
members to get involved in voter registra-
tion activities. Participation in VIP can be
big or small. Member companies can dis-
tribute voter registration cards, display signs
for candidates, host candidate or offer prop-
erty clubhouses as polling locations. It’s not
too late to pledge to participate in the VIP
campaign as an Ally, Patriot or Hero. Each
level has clearly defined objectives.
To find out how you can participate in
VIP, contact your local association, visit the
Member Resources section of www.taa.org or
e-mail Suzanne Staton at suzanne@taa.org.
And remember to vote!
Dive In
TAA offers guidance in complying with the Federal Pool and Safety Act and encourages
members to get active in the political arena.
From the TEXAS APARTMENT ASSOCIATIONSTATE UPDATE
16 OCTOBER 2008 ABODE
The good news is that Texas pool and spa safety rules
meet or exceed the requirements of this federal law,
with one exception: drain covers.