If you’ve lived in the Pacific Northwest for any period of time, you know though the calendar says summer starts on June 21st, it really starts today, July 5th!  Regardless of the specific start date of summer, chances are community associations who own or operate pools have opened, or will open, their facilities in the very near future.  

There are two questions the team at Barker Martin hears a lot at this time of year regarding community association pools:  

1. Many boards are tired of having to pay upwards of $400 per year to maintain a land-line phone at the pool solely used in the event of an emergency (as required by law).  Can an association switch to a mobile phone to save on telephone charges?    
   1. We are not aware of any state or local law that describes the type of phone (land- line or mobile) that must be co-located at the pool; therefore, strictly from a legal perspective, the board is free to choose between the two options.
   2. A land-line is tied physically to the property and ordinarily does not require theft protection; whereas, a mobile phone can easily be misplaced or stolen (even the most inexpensive mobile device can be stolen, its sim-card replaced, and used by virtually anyone).
   3. A 9-1-1 operator can track the location of a land-line almost immediately; whereas, tracking the location of a cell or mobile phone can be problematic.  In some instances, due to heavy system usage, a mobile phone may utilize a secondary cell tower, thus disabling or complicating the tracking feature.  Under duress, a frantic caller reporting an emergency may not remember or know the physical address of the property, thus delaying medical response.
2. Many community associations also wonder whether they are required to enforce rules or post warning signs around pools.  Here are helpful links on the subject:  
   1. Washington:  The law regulating public pools: WAC 246-260-131(5) (Operation of Water recreation Facilities) http://apps.leg.wa.gov/WAC/default.aspx?cite=246-260- 131;  Hints on pool rules and signs from the Washington State Department of Health http://www.doh.wa.gov/CommunityandEnvironment/WaterRecreation/RegulatedFaciliti es/PoolSigns.aspx  
   2. Oregon:  The law regulating public pools (including limited use public pools): http://public.health.oregon.gov/healthyenvironments/recreation/poolslodging/documents/ poolrules.pdf  

As the weather warms and summer arrives, community associations with pools should enjoy their facilities.  Knowledge of laws and regulations should keep these associations out of trouble and foster a safe, fun and enjoyable summer season.

 
Do not hesitate to contact the team at Barker Martin, P.S. if you have any questions on pool safety or regulation for your Oregon or Washington clients.  And don’t forget to wear sunscreen!