Federal mandates requiring public swimming pools, wading pools, spas and hot tubs to be outfitted with new drain cover systems went into effect Dec. 19.
The Virginia Graeme Baker Act states that facilities not meeting these new safety requirements for drain covers will be subject to closure, and that closure could be immediate for year-round pools and spas. Seasonal pools and spas closed for the winter months have until the day of reopening to be in compliance.
The act is named for a 7-year-old girl, the granddaughter of former U.S. Secretary of State James Baker, who drowned in 2002 after being trapped by the suction of a hot tub drain.
From 1997 to 2007, there have been nine deaths and 63 injuries related to suction entrapment in pools and spas — a tragic indication of the dire need for such a law.
Facilities offering public swimming, which include community centers, apartment complexes and hotels, have had a full year to outfit systems with safety features as outlined by the act. These upgrades would reduce suction power on swimming pool drainage systems and/or allow for the cutting of suction power with the flip of a switch. Still, the National Swimming Pool Foundation estimates that roughly 80 percent of the nation’s 300,000 public pools and spas have not met the deadline.
As the deadline for compliance approached, demand for the new devices and systems exceeded supply. Public swimming facilities now risk closure and fines as they await delivery of the new safety devices and systems. While some facilities made the effort to meet the deadline in good time, there are many operators who now find themselves unprepared because of their own procrastination.
While the establishment of the Virginia Graeme Baker Act is a good thing, the enforcement of it will be another issue altogether. With limited resources and an overwhelming number of facilities to inspect, the Consumer Product and Safety Commission will be limiting immediate oversight to facilities that “pose the greatest risk of drain entrapment to children,” such as those with wading pools. The commission is working with state agencies to assist with enforcement, but at this point, there isn’t a clear plan about how this will work.
So, a word to operators with public swimming facilities: Don’t let the unlikeliness of a government inspection in the immediate future diminish the urgency of complying with this lifesaving act. Be diligent in working to equip your swimming pools, hot tubs and spas with anti-entrapment safety devices.
Such commitment will not only save lives, but it is a fitting way to honor the lives of those children for whom it is already too late.
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