My swimming pool service has a C61/D35 license. Can he/she replace the cover and modify the sump?
Yes and no. A C61/D35 Limited Specialty contractor can replace the cover but he/she cannot modify a sump. The dilemma is that the repair person does not know if the drain meets sump requirements until he/she removes the cover. If he finds it does not meet the requirements, the law says he must stop and hire a C53 contractor. If he proceeds anyway, he and the facility are subject to fines of up to 1.8 million dollars. “Any person who knowingly commits a prohibited act under Section 19 of the Consumer Product Safety Act is subject to a civil penalty under Section 20 of the Consumer Product Safety Act. 15 U.S.C. § 2069(a)(1). Under current law, the maximum penalty for one or more related violations is $1.825 million. Congress is considering legislation that would increase this penalty to $10 million or higher. A willful violation of the drain cover standard could result in criminal penalties, including fines or imprisonment, under Section 21 of the Consumer Product Safety Act. 15 U.S.C. §
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