J & N REALTY, INC.

Swimming Pool-Related Information

FREQUENTLY ASKED QUESTIONS FOR CONSUMERS  

Recall of Wading Pool and in-Ground Spa Drain Covers  

1. What is this recall about?  

The US Consumer Product Safety Commission, in cooperation with several manufacturers, has announced a voluntary recall of certain pool and in-ground spa drain covers. A replacement or retrofit of these drain covers may be required in certain cases. 

2. Why is a recall necessary?  

Some pool and in-ground spa drain covers were determined by the CPSC to have been incorrectly rated by independent third-party laboratories for protection against body entrapment. 

3. How do I know if my pool or inground spa is affected by the recall?  

If your pool or spa meet any of the following criteria, they are not the subject of the recall: 

• If the drain covers in your pool or in-ground spa were installed before December 2008, your pool or spa is not affected by this recall. All of the drain covers affected by this recall were manufactured or sold after December 19, 2008.If the drain in your pool is a "channel drain"--it is in the shape of a long and narrow rectangle, (typically 3 or 4 inches by 30 or 31 inches or longer)-or is 24" x 24" or larger or 9" x 36" or larger-it is not affected by this recall.Hot tubs (often referred to as portable spas) are not affected by the recall, whether they are free standing, placed in the ground or surrounded by a deck  
• Swimming pools (as opposed to built in wading (kiddie) pools or in-ground spas) that have more than one drain per pump or a gravity drainage system are not affected by this recall.  
• If you have a kiddie pool or an in-ground spa or swimming pool with a single drain that has drain covers that were installed after December 2008, the drain covers are subject to the recall:  
• A kiddie or wading pool is generally found at public facilities. It is a permanent built in fixture, with its own separate circulation system and a maximum depth of 18-24 inches  
• An inground spa is a permanent, non factory built structure, typically with a concrete or vinyl bottom, with several return jets.  

To summarize, if your drain covers were installed after December 2008, and: 

• if you have an in ground spa, or  
• if you have a wading (kiddie) pool, or  
• your pool has only one drain, and that drain is not a long channel drain,  

you may need to participate in this recall and should take further action to ensure your pool or in-ground spa is in compliance.  

4. Are there photos of pictures of the types of drains that are affected?  

Yes. Please visit the manufacturers' individual websites for photos of affected models. 

5. What do I do if I think my pool or in-ground spa may be a part of this recall?  

First, do not attempt to remove or alter your drain cover in any way. If a replacement or retrofit is necessary, it should only be performed by a qualified pool or spa professional. It may not be necessary to remove your drain covers, and doing so may create a safety risk. 

Second, please make sure you review the information in number 2 above to determine if your pool or in-ground spa may be affected. Many pools and spas are not affected by the recall. If you believe that your pool or in-ground spa may be covered by this recall, you can either 

a. contact a toll-free call center, where further assistance is available to help you to determine if the drain covers in your pool or in-ground spa are covered by this recall and to assist you in arranging for a professional to take whatever further action is necessary. The 24 hour toll-free Recall Hotline number is 866-478-3521. 

Before you make that call, find out what you can about the drain covers in your pool and spa. When were they installed? How many drains does your pool or spa have? What is the shape and size of my drains? Who is the manufacturer of the drains? This information can be extremely helpful in determining if you are affected by the recall and in expediting a replacement or retrofit, if necessary. 

OR 

b. contact your pool builder or pool service provider directly 

6. Which manufacturers have drain covers affected by this recall?  

The drain cover manufacturers whose products are included in this recall are A & A Manufacturing, AquaStar Pool Products, Color Match Pool Fittings, Custom Molded Products, Hayward Pool Products, Pentair Water Pool and Spa, and Rising Dragon USA and Waterway. The covers vary in size and shape, but bear model # markings and manufacturer name. It will be useful to identify the manufacturer of the drain cover in your pool in order to determine if your drain cover is affected by this recall. 

7. Are wading pools or "kiddie pools" affected by this recall? What about hot tubs?  

Yes. Owners or operators of shallow, wading or "kiddie" pools (with a maximum depth of 18 -24 inches, intended specifically for small by children), need to determine if their drain covers are affected by this recall and take appropriate action. Store bought “splasher” type pools are not affected by this recall. Hot tubs are not affected by this recall. In general, if the pool or spa is installed in-ground (generally in concrete) and cannot be moved, it may be included in the recall if the drain covers were installed on or after December 19, 2008. If it is above ground and can be transported, it is not included. 

8. Does this mean my pool is unsafe to use?  

If your drain cover and pool or in-ground spa is determined to be among those covered by this recall, it would be most prudent to not use the pool or in-ground spa until a professional has assessed the situation and determined if a replacement drain cover or retrofit is necessary. 

9. Are there any reports of injuries associated with the drain covers affected by the recall?  

No, neither the Consumer Product Safety Commission nor the drain cover manufacturers are aware of any reports of injuries associated with the use of these drain covers. 

10. If the drain covers were installed before December 0f 2008, what should I do?  

These drain covers are not part of this recall. There have been significant improvements in drain cover technology since the new Federal Law in 2008, however, and we recommend that you consult with a pool industry professional about upgrading your drain covers to make your pool or spa even safer. This would not be part of the recall, however, and would be at your own expense. 

11. What will this likely cost me, in terms of a replacement or retrofit?  

Consumers will not incur costs for reasonable replacement or retrofit of recalled drain covers that are installed in accordance with the manufacturer’s instructions. 

Pool Owners must register with the manufacturer of the recalled drain cover, and, where applicable, have the service performed by the manufacturer's authorized service provider, in order to avoid incurring costs for the replacement or retrofit of recalled covers. 

In order to receive reimbursement from the recalled drain cover manufacturer for installation of an approved retrofit or replacement drain cover, Pool Installers will be required to submit a Recall Verification Form to the recalled drain cover manufacturer. 

12. Should I call my pool maintenance company, installer or pool retailers about this?  

After reviewing this information, if you still do not know whether your pool or in-ground spa is covered under this recall, you should either 

a. contact the builder of your pool or pool service provider, who may be able to provide an answer, or 

b. contact the recall hotline 866-478-3521 for more information. 

IMPORTANT! It is essential that any replacement or retrofit of a drain cover be performed by a qualified professional. Do not remove a drain cover without having a replacement in hand and a qualified professional ready to install it. These products are not sold directly to consumers. Independent distributors sell the products directly to professional builders/installers. 

13. Are there other steps I can take to make my pool or spa as safe as possible?  

Yes. Pool and spa bathers always need to practice basic and simple safety measures, 

• Never use a pool or spa that has a broken or missing drain cover  
• Never allow any bathers to play with or swim next to a drain cover  
• Always make sure children are under constant adult supervision whenever they are in or around a pool, spa or any body of water  

INSTALLER/BUILDER FREQUENTLY ASKED QUESTIONS 

1. What is this recall about?  

The US Consumer Product Safety Commission, in cooperation with several manufacturers, has announced a voluntary recall of certain pool and in-ground spa suction fittings (drain covers). A replacement or retrofit of these drain covers may be required in certain cases. 

2. What information is available with regard to this recall?  

The Manufacturer’s Notice to Builders, Installers and Service Professionals can be accessed through this link. 

3. Why is a recall necessary?  

Some pool and in-ground spa suction fittings (drain covers) were determined by the CPSC to have been incorrectly rated by independent third-party laboratories for protection against body entrapment. 

4. Which manufacturers have drain covers affected by this recall?  

The drain cover manufacturers whose products are included in this recall are A & A Manufacturing, AquaStar Pool Products, Color Match Pool Fittings, Custom Molded Products, Hayward Pool Products, Pentair Water Pool and Spa, Rising Dragon USA, and Waterway. Other manufacturers’ covers may be included in separate recalls. The covers vary in size and shape, but bear model # markings and manufacturer name. 

5. Which models are affected?  

Please visit the manufacturers’ individual websites for photos of affected models. 

6. When were these drain covers manufactured and sold?  

The drain covers in question were manufactured and sold after December 18, 2008. They will either have the “VGB 2008” “ASME” or  logo. 

7. What should I if I have any of the recalled drain covers in stock?  

THESE DRAIN COVERS CAN NO LONGER BE USED OR INSTALLED. IT IS A VIOLATION OF FEDERAL LAW TO SELL OR DISTRIBUTE A RECALLED PRODUCT. If you have any of these drain covers in your possession, you must immediately contact the manufacturer or your distributor for instructions on how to return the recalled covers. The manufacturer or distributor will provide you with either replacement models or a full refund. 

8. What should I do if I have installed any of these drain covers in pools or spas?  

If you have installed any of these drain covers in pools or spas, please continue reading below to learn which covers may need to be replaced or retrofitted. 

9. What pools and spas are subject to this recall?  

• WADING (KIDDIE) POOLS AND IN GROUND SPAS REGARDLESS OF THE NUMBER OF DRAINS OR ADDITIONAL ANTI-ENTRAPMENT DEVICES OR SYSTEMS  
• Single drain pools with an SVRS, Vent System or Automatic Shut Off Switch  

10 . What pools and spas are not the subject of the recall, even if they have the affected drain covers? 

• Pools or spas with drain covers that were installed before December 2008. All of the drain covers affected by this recall were manufactured or sold after December 19, 2008.  
• Pools or spas with unblockable drains. These will be rated and listed by the manufacturer as unblockable and include  

o long "channel drains” 3” x 31” or larger. 

o Other large drains, typically 24” x 24” or larger. 

• Hot tubs (a/k/a portable spas) are not affected by the recall, whether they are free standing, placed in the ground or surrounded by a deck  
• Swimming pools (as opposed to built-in wading (kiddie) pools or in-ground spas) that have a multiple main drain system or a gravity drainage system are exempt from this recall.  

o Multiple main drain system means 2 or more drains connected to the same pump, spaced at least three (3) feet apart, center to center, which cannot be isolated. Where two drains are connected to separate pumps, they are each considered as single main drain. 

11. How is wading, kiddie pool or in ground spa defined under this recall?  

• A kiddie or wading pool is defined as a separate pool designed for use by small children with an independent circulation system and a maximum water depth of 18 – 24 inches.  
• An in ground spa is a permanent, non factory built hydrotherapy unit (in which the water heating and water circulation equipment is not an integral part of the product).  

12. What should I do about pools or spas that are covered by this recall?  

If you have installed or are aware of any of these model drain covers installed in pools or spas covered by this recall, you should contact the manufacturer for further instructions. The manufacturer may 

• provide you with a free replacement or retrofit to install, or  
• send their own authorized personnel to complete the replacement or retrofit  

IT IS CRITICAL THAT YOU DO NOT REMOVE ANY DRAIN COVER UNTIL YOU ARE IN POSESSION OF A MANUFACTURER APPROVED REPLACEMENT OR RETROFIT. 

ALL RETRPOFITS AND REPLACEMENTS MUST BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER’S INSTRUCTIONS. 

13. What is a retrofit?  

In some cases manufacturers have developed a tested and approved insert or other component, which will enable the drain cover to perform as intended. For more information, you should contact the manufacturer directly. The retrofit will come with specific installation instructions. 

ALL RETRPOFITS AND REPLACEMENTS MUST BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER’S INSTRUCTIONS. 

14. Will I be paid for my time and labor for replacing or retrofitting recalled drain covers?  

Pool Owners must register with the manufacturer of the recalled drain cover, and, where applicable, have the service performed by the manufacturer's authorized service provider, in order to avoid incurring costs for the replacement or retrofit of recalled covers. Installers will not be reimbursed unless they have been authorized by the manufacturer to perform the replacement or retrofit. 

If the drain cover manufacturer does not have their own personnel perform the work, builders, installers and service professionals will be reimbursed by the original cover manufacturer for the reasonable costs incurred as a result of an actual replacement or retrofit, provided that 

• The replacement or retrofit was required under the recall,  
• The replacement or retrofit was authorized by the manufacturer, and  
• You submit a signed and completed DRAIN COVER VERIFICATION FORM (include link to form)  
• If the drain cover was replaced, you will also need to return the original cover with the VERIFICATION FORM  

15. How do I determine if a drain cover is properly rated for a given pool or spa?   

Each drain cover is assigned a rating which determines the maximum flow in gallons per minute (GPM) that should be allowed to flow through that fitting. This rating is based on testing for body entrapment and hair entrapment under the ASME Suction Fitting Standard. The rating for each drain cover must equal or exceed the rating for the pump/pool or spa circulation system. 

VERY IMPORTANT: The ANSI/APSP-7 Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins includes a variety of tools to assist in the proper evaluation of maximum flow rates, including Appendix B of the Standard. There is a Field Checklist that is also very helpful in identifying other important aspects of suction outlet safety, including fasteners, sumps and drain spacing. The Standard and the Field Checklist are available at http://www.apsp.org/ . 

The APSP reminds all pool and spa professionals, as well as owners and operators of public and residential pools, that drain covers must be installed in accordance with manufacturer instructions, including fastening, spacing, and GPM rating. The ANSI/APSP-7 Standard can readily assist in this process, and ensure the proper evaluation and verification of drain covers matched correctly to the maximum system flow rates. 

16. Are there any reports of injuries associated with the drain covers affected by the recall?  

No, neither the Consumer Product Safety Commission nor the drain cover manufacturers are aware of any reports of injuries associated with the use of these drain covers. 

17. What should I do about pools and spas that have older or pre “VGB” covers?  

Public facilities with older or pre-VGB covers are in violation of Federal Law, and the APSP and CPSC urge you to advise them accordingly. There are numerous makes and models available to install on these pools and spas to bring them into compliance. 

While replacement of older or pre-VGB drain covers in residential pools is not required by law or by this recall, we also urge you to speak with owners of these pools and spas and to recommend that they replace their old drain covers. 

PLEASE NOTE THAT ALL COSTS INCURRED IN THE REPLACEMENT OF OLDER DRAIN COVERS WILL BE THE RESPONSIBILITY OF THE POOL OWNER OR OPERATOR AND WILL NOT BE THE RESPONSIBILITY OF THE DRAIN COVER MANUFACTURER . 

18. Are there other steps owners can take to make their pool or spa as safe as possible?  

Yes. Pool and spa bathers always need to practice basic and simple safety measures, 

• Never use a pool or spa that has a broken or missing drain cover  
• Never allow any bathers to play with or swim next to a drain cover  
• Always make sure children are under constant adult supervision whenever they are in or around a pool, spa or any body of water  

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