Is a letter of compliance from a commercial pool company enough?
No. Ideally a certificate of compliance would be required. Said certificate should at a minimum contain the manufacturer’s name, product model number and flow rating. Q: Do portable residential spas produced before Dec. 19, 2008, that are in manufacturer warehouses, distributor warehouses or dealer retail showrooms fall under the legislation? A: Perhaps. Section 1404 (b) of the Act states that after Dec. 19, 2008, “each swimming pool or spa drain cover manufactured, distributed or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool drain cover.” The question becomes whether a spa produced before Dec. 19, 2008, will be considered to have been entered into commerce. Arguably, a spa would have entered into commerce upon the first sale or transfer of possession from the manufacturer to a warehouse or distributor. Given the potential for liabil
