Virginia Graeme Baker Act

Our HOA is trying to figure out what is going to happen pertaining to the new law congress passed (Virginia Graeme Baker Act) requiring all public/community pools to install new main grates designed to reduce chances of entrapment/evisceration.
What I have discovered so far is still very murky and preliminary, but it appears the law is so new our local county pool inspectors might not enforce it, and local pool supply stores do not have the new main grates in stock. Our pool operator has notified us he will not be able to maintain our pool if we do not install the new equipment (protecting his professional certification). I'm trying to determine the legal liability we are incurring versus the practical aspect of spending a very sizeable amount of money for safety equipment the county inspector might just ignore.
What have you heard or what is happening in response to the law?

(Link to Consumer Product Safety Commission FAQs)
http://www.apsp.org/clientresources/documents/CPSC_FAQS_1-30-09.pdf

Treading Water in Georgia

We had the new grate installed about Jan 1st. The cost was $200. Look for another supplier.

I will also check with the City. You can make an appointment for building inspector from the City to come and see the pool.

The upgrade is not that expensive. Good luck.

Gordon

Thank you all. I did extensive research and determined we needed a legal interpretation to ascertain where our liability existed and to what extent. I contacted our legal firm and they have informed us we are liable (the board) for civil and criminal liability, regardless of county enforcement. The next step then has been to determine just how much work is required to fulfill our legal obligations under the law. Replacing the grates is required. Complying with the section stating the distance from the grate to the bottom of the sump needs to be 1.5 times the diameter of the pipe has been another issue. The Consumer Product Safety Commission says:
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SUMPS
Q: What is CPSC’s position regarding sumps and the ASME/ANSI standard?
A: CPSC staff recognizes and supports the technical requirement of the ASME/ANSI
A112.19.8-2007 standard, which calls for field-built sumps to have a depth of 1.5 times the
diameter of the piping; however, the federal Pool and Spa Safety Act does not require pool
owners/operators to replace their sump. If a new, compliant drain cover can be safely secured
onto a pre-existing sump, while properly controlling the flow rate, then it meets the intent of the
law. If a PE determines that additional engineering work needs to be done to the sump to bring it
into compliance with the standard and ensure a secure connection with a new cover, then that
work should be carried out. Finally, if a PE determines that a new drain cover cannot be safely
placed on a pre-existing sump, then the sump should be removed and replaced with a new,
compliant sump that is compatible with the compliant drain covers. (Jan. 30, 2009)
_______________________________________________________________________
So what does that mean? The federal law does not require a new sump, or a new sump is required if the flow rate has been altered? An inspection by a PE is required, or the changes are required only if a PE measures the flow rate? The whole idea is to prevent entrapment due to excessive suction and the new grates are configured differently. The grates we are installing have specific instructions from the manufacturer that the sump depth be 1.5 times the diameter of the pipe, or the warranty is voided.
Our lawfirm sends an attorney to attend one board meeting per year as part of their agreement with us and we will be trying to make a determination on this point at tonight's meeting. Draining the main and wading pools, jackhammering out the concrete, recasting the sumps, installing the grates and refilling the pools will cost almost $3000.00.
I like sleeping soundly at night, so I am doing my best to get all the details legally resolved, physically completed, and not paying for more work than is legally required, so I don't get an earful from the neighborhood nags.