Pool Dispute Between HOA And County Halts Reopening

A pool dispute between a homeowners association and the county it’s located in is stopping the amenity from reopening.

Pool Dispute Arising From Drain Cover

Residents of a Citrus Heights HOA are itching to cool down in the pool amid this blazing hot summer. However, the HOA’s dispute with the county is preventing the pool from opening.

Last month, the county ordered 8012 Stone Canyon Circle to close its pool, which serves a little more than 200 homes. According to HOA president David Jannke, the county inspector issued the order due to a drain cover replacement that failed to meet requirements. Jannke says the replacement, which was done in October 2022, is identical to the previous cover.

The Virginia Graeme Baker Pool and Spa Act (VGBA), a federal law, regulates commercial pool drain covers. The Act was passed in 2008 after a 7-year-old girl, Virginia Graeme, died from suction entrapment. VGBA seeks to prevent similar tragedies by regulating the safety of drain covers and the associated plumbing.

According to Jannke, they replace their pool drain covers every 5 years. The association has been using the same model since 2008. Due to stricter testing procedures, though, the HOA’s drain cover no longer meets standards. The new procedures lower the flow rate threshold to 120 gallons per minute, down from 313, and the newly replaced drain covers don’t meet this requirement.

Interestingly, the HOA replaced its drain cover a mere 12 days before the publication of the new guidelines.

A Lot of Work to Replace

Replacing the pool drain covers to meet the new requirements will take much work. It is not possible to replace the cover itself. No covers can connect to the pool’s current plumbing system to meet the flow requirement.

The HOA will have to drain the pool and excavate a part of the bottom to allow for extra plumbing fixtures. All in all, the project is expected to cost at least $8,900 and as much as over $150,000.

8012 Stone Canyon Circle is not the only community with a pool that’s out of compliance. Publicly available pool inspection results show that other locations in Citrus Heights also have similar violations. Some pools had to close, while others remained open.

Elizabeth Zelidon, Sacramento County’s Environmental Management Department Public Information Officer, stood firm and said the association would have to replace its drain cover to comply with the new standard.

Jannke believes the new regulations seem arbitrary. He claims that the pool’s drain pipes are too small to pose a threat to swimmers. He has asked the county to allow the operation of the pool at least through this summer, but the county has refused.

U.S. Consumer Product Safety Commission Communications Specialist Nychelle Fleming said that drain covers might seem like a small issue, but they can present serious dangers to swimmers. While the agency does have a grant program for VGBA compliance, it does not provide funds for repair work.