How Changes to Federal and State Law Impact Golf and Country Clubs
Michael DeMarco
August 31, 2009

The…federal law affects clubs with on-site public pools or spas, which pose dangers if the drains aren't properly covered. The 7-year old granddaughter of former Secretary of State James Baker was killed when suction from an insufficiently covered drain pinned her underwater. In response to this tragedy, the U.S. Consumer Product Safety Commission (CPSC) enacted the Virginia Graeme Baker Pool and Spa Safety Act in December 2008.

Under the Act, every pool and spa must have drain covers that conform to the American Society of Mechanical Engineers (AMSE) standards and each public pool and spa with a single main drain must have at least one additional level of entrapment protection. The maximum federal penalty for one or more related violations of this rule is currently $1.825 million, but Congress is considering legislation that would increase it to $10 million or higher. Under most insurance policies, fine/penalties or punitive damages are not insurable, so the club will be responsible for paying these amounts out of its own pocket.