Buffalo Disses* Federal Government

* dissed, diss·ing, diss·es
Informal
To show disrespect to


In February 2009, the Town of Buffalo Manager's report had this to say:



The Town Manager Joe's report can be found HERE

Here are the facts surrounding this report.

In December 2007 the FEDERAL GOVERNMENT, (CAPS because of it's significance) passed the Virginia Graeme Baker Act.
The "ACT" went into effect on December 19, 2008

The Virginia Graeme Baker Pool and Spa Safety Act (Act) promotes the safe use of pools, spas and hot tubs by imposing mandatory federal requirements for suction entrapment avoidance.The Act is being administered by the U.S. Consumer Product Safety Commission.
1. Mandatory Federal Requirements for Entrapment Avoidance. By December 20, 2008, the Act requires:
--Safety Drain Covers. Each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the American National Standard ASME A112.19.8 - 2007 Suction Fittings for Use in Swimming Pools, ... Compliance with this Standard will be enforced by the Consumer Product Safety Commission as a consumer product safety rule.
--Public Pool Drain Covers. Each public pool... both new and existing shall be equipped with drain covers conforming to the ASME/ANSI A112.19.8 - 2007 Standard described above.
--Public Pool Drain Systems. Each public pool... with a single main drain, other than an unblockable drain, shall be equipped with one or more additional devices or systems designed to prevent suction entrapment that meet the requirements of any applicable ASME/ANSI Standard or applicable consumer product safety rule. In addition to a compliant drain cover, such additional devices or systems include a safety vacuum release system (SVRS), or suction limiting vent system, or gravity drainage system, or automatic pump shutoff system, or drain disablement, or other system determined by the Consumer Product Safety Commission to be equally effective in preventing suction entrapment.

Sorry Joe! It's FEDERAL LAW! In spite of what you THINK you heard over the telephone from the Woodward Health Department, IT's FEDERAL LAW that the device(s) be installed on the Buffalo Municipal Pool.

OKLAHOMA HEALTH Department FAQ's - CLICK HERE

Let's review the misleading statements made by Buffalo's Town Manager...
An Inside Buffalo representative spoke with Mr. Reavis from the health department in Woodward the day following the release of the Town of Buffalo manager's report.
Mr. Reavis was asked about the Virginia Graeme Baker Act and was asked to send us, "in writing", his opinion regarding whether Buffalo had to follow the FEDERAL LAW.
We also asked for, in writing, his opinion that The Town of Buffalo didn't have to follow the Law this year, as Joe stated in his report.
Mr. Reavis declined to provide us with any written opinions, furthermore, he commented to the effect that, that is NOT what he told the Buffalo Town Manager. Mr Reavis went on to say that he simply said that the state hasn't come up with enforcement rules YET, it was imminent, but as of the telephone conversation with Joe, the rules hadn't been implemented.
Mr. Reavis is very accurate because it wasn't until March 12, 2009 that the rules draft was presented to OK State legislators.
He said, "...I can't supersede the Federal Government."

It appears Buffalo's manager, Joe, doesn't believe Federal Law applies in Buffalo, Oklahoma because he put it in writing --"we are not required to do anything with the drains this year."

Just for grins :-)

Let's say Joe is right. Let's also say that the Federal Govermnment's Acts and Laws don't apply this year in Buffalo. Let's agree with Joe that Buffalo doesn't have to do anything with the drains this year.
THEN - we have a question...
WHY NOT INSTALL THE CORRECT DRAIN COVERS THIS YEAR, SINCE THEY'LL HAVE TO BE INSTALLED NEXT YEAR ANYWAY, SO THE POOL AND THE TOWN WILL COMPLY, AT LEAST BY NEXT YEAR, WITH FEDERAL LAW?

You mean do something pre-emptive?
    You mean prepare for something for next year?
        You mean put off tomorrow what we can do today?
            You mean think that far in advance?

"Never put off till tomorrow what you can do today."
                        Thomas Jefferson

Never Mind - Forget it.

Continuing...
We further discussed with the Woodward Health department's representative both the Oklahoma STATE Health Department and the Oklahoma Legislature's position on the rules and procedures and we mutually concluded that it was, most likely, going to become Oklahoma Law as well.

Health Department Rules and Procedures were written so that they (the Health Department) could enforce the Federal, Virginia Graeme Baker Act.

Inside Buffalo contacted the Oklahoma Health Department who acknowledged that their Board had voted to approve adoption of rules for enforcement.

---

from the minutes of the Health Dept.'s Board meeting

CHAPTER 315. PUBLIC BATHING PLACE FACILITY STANDARDS [AMENDED]
Mr. Smith directed attention to Chapter 315.
Dr. Warn moved Board approval for Permanent adoption of amendments to Chapter 315. Public Bathing Place Facility Standards as presented. Second Dr. Alexopulos. Motion carried.

Mr. Smith asked if there was discussion from the Board. Hearing none, Mr. Smith asked if there was discussion from the public. There were no comments or questions from the public.

AYE: Warn, Alexopulos, Baldwin, Diacon, Evans, Krishna, Smith, Wolfe
ABSENT: None

OK Dept. Health Regulation Chapter 315 (Unamended)
OK Dept. Health March 12, 2009 Board Meeting Minutes

---

The OK Health Dept. board then forwarded the rules to the OK Legislators.

The Health Department's representative wrote this to a Buffalo resident who inquired of the Oklahoma rules and enforcement issue:
        "They (the enforcement rules) were submitted to the Governor’s Office and Legislature on March 23rd. They have 45 "Legislative Days" to approve. Therefore, the first possible effective date would be May 15th" (2009)

Waa-Laa

All forms of government agencies we contacted believe the Act will become enforceable by May 15, 2009.
The Act was already LAW - Federal Law, but Joe wrote: "...we are not required to do anything with the drains this year."

Inside Buffalo has a suggestion for the Town and the Town Trustees of Buffalo.
We know they don't read the articles on this website. That's what we're told by our elected officials, so maybe someone will have to call City Hall and tell them what our suggestion is.**

GET THE APPARATUS INSTALLED BEFORE MAY 15th

ON BUFFALO'S MUNICIPAL POOL SO THE TOWN

CAN GET THE HEALTH DEPARTMENT LICENSE

NECESSARY TO FILL, OPEN & OPERATE THE POOL.

What do we care? Why all the fuss?

It's Very Simple - The Health Department's AGENDA from the STATE meeting says:

      "...The effect of the Rule change could cause a reduction in license(s)
     issued to operators by the Department if they cannot comply with the Act"

View the Agenda Here (Agenda Item #11)

It appears that the Health Department of Oklahoma is not going to be issuing licenses to operators who cannot comply with the Virginia Graeme Baker Act.

If Buffalo fails to comply with the Act, they may not get a License to operate the Municipal Pool.

Buffalo's leaders, from the Town Treasurer to the Town Manager, have spoken many, many times about how the municipal pool is a "pain in the a##".
We know how they feel because we've been in attendance on numerous occasions when they have voiced their opinions, in open public meetings, about the pool and it's (no pun intended) DRAIN on municipal time, money, and personnel.

Is this Buffalo's Town Manager's way of not having to put up with the pool pain any longer?
Is this his way of not having to deal with it anymore?
If Buffalo doesn't comply with the Virginia Graeme Baker Act then Buffalo doesn't have to worry about operating the pool - `cuz they can't get a license.

Business as usual.



* Editor's Note:
The pool may not be non-compliant and may not need new drain covers. The pool may not present a risk of suction entrapment. The report we referenced from the outside firm who inspected the pool says the design may not be compliant. (but then again it may be) Let's at least request that an inspection of the drain system be conducted to determine if it is or is not.
That's the number one thing this Town could do, first, to determine how it's going to proceed regarding the municipal pool. The Town manager has the authority. He can spend up to $1,500.00 without Board approval. Get an inspector in here to determine whether the pool is in compliance or not. The Town manager's report indicates Joe is sure the pool drain is not in compliance based on what he wrote. I wouldn't be so sure and would have someone "in the know" check it out.





In the manager's report referenced herein, you'll find where Joe said he didn't know anything about the dumping at Doby Springs.
**Be assured Joe knows about this article because we have taken it upon ourselves to send the Town of Buffalo a copy, via email, of every article we publish here at Inside Buffalo.

No more excuses about not knowing.



opine to our opining...