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As Swimming Season Nears, Study the New Safety Rules

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What should your board do?

First, your swimming pool should be operated and maintained by an independent pool company. This will have the legal effect of transferring risk and liability from your association to that company. "The association generally cannot be held vicariously liable for the negligent acts of independent contractors or their employees," said Steve Dickerson, senior vice president at USI Insurance Services in the Washington area.

The association also should insist that the pool contractor have adequate insurance. How much is adequate? Dickerson suggests "a minimum $5 million combined single general liability limit for bodily injury and property damage, with a $5 million annual aggregate limit."

Pool safety experts, including the CPSC, strongly recommend what they call "layers of protection," whether required by law or not. Among them:

· Install barriers around the swimming pool, such as fences and self-latching gates, to keep children away from the water. The CPSC recommends that fences and walls should be at least four feet high and installed all around the pool.

· During off hours, cover the pool with an impenetrable membrane that blocks access to the water.

· Supervise children. Flotation devices and swimming lessons don't prevent drowning.

· Keep rescue equipment and a telephone next to the pool.

· Check the drain cover regularly. If it is broken or missing, install the newer (and safer) type of drain cover, which is dome-shaped instead of flat.

· At the first sign of thunder or lightning in the area, evacuate the pool and surrounding deck.

We all want to enjoy the summer. Careful preparation and continuous monitoring will go a long way toward avoiding another child's injury or death.

For more information, see http://www.usicondo.com/publication.htm, http://www.cpsc.gov and http://www.theapsp.org.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site, http://www.kmklawyers.com.


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