Pool Safety Laws

These are absolutely horrifying injuries and deaths, drastically changing families. The news accounts are chilling: Pool Drain Disembowels 6 year old Girl, Pool Drain Dangers; 14 Year Old Girl Entrapped by Pool Drain. Unfortunately, these news accounts go on and on and have for many years.

The fact is that the suction from a pool drain can be so powerful that it can hold an adult under water. Most pool or spa drain entrapment incidents, however, involve children. From 1985 to 2004, records show that at least 33 children ages 14 and under died as a result of pool and spa entrapment, and nearly 100 children were seriously injured.

But according to the Consumer Product Safety Commission and Safe Kids Worldwide (in the U.S. it is Safe Kids USA), the number of entrapment deaths could be much higher than reported. Because entrapment is generally a little-known risk for drowning, it is possible that many drowning deaths have not been classified as entrapment.

Virginia Graeme Baker Pool and Spa Safety Act
15 U.S.C. § 8001

On December 19, 2007, the Virginia Graeme Baker Pool and Spa Safety Act was signed into law. It is effective on December 20, 2008. This act is named after the daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker who died in a tragic incident in June 2002 after the suction from a spa drain trapped her under the water.

The Act promotes the safe use of pools, spas and hot tubs by imposing mandatory federal requirements for suction entrapment avoidance and by establishing a voluntary grant program for states with laws that meet certain minimum requirements as outlined in the Act. Effective December 20, 2007, the Act is being administered by the U.S. Consumer Product Safety Commission (CPSC).

Before the Baker Pool and Spa Safety Act became law, the CPSC issued guidelines to reduce the risk of such entrapment injuries and deaths in the CPSC Guidelines for Pool & Spa Entrapment Hazards.

Pool and Spa Safety Act Requirements

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, Wading Pools, Spas, and Hot Tubs published by the American Society of Mechanical Engineers (ASME).

Compliance with this Standard will be enforced by the CPSC as a consumer product safety rule.

Public Pool Drain Covers

Each public pool and spa (as defined), 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 and spa (pump) 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.

I n 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 CPSC to be equally effective in preventing suction entrapment.

Barriers

The enclosure of all outdoor residential pools and spas by barriers to entry that will effectively prevent small children from gaining unsupervised and unfettered access.

Suction Entrapment Avoidance

New Pools and Spas

Each pool and spa built more than one year after enactment of the state statute shall employ one of the following:

The installation of more than one safety drain per suction system, or

The installation of one or more unblockable drains, or

No drains.

Existing Pools and Spas

In addition to a compliant drain cover, each pool or spa with a single main drain, other than an unblockable drain, shall be equipped with one or more of the following safety options -- a safety vacuum release system (SVRS), or suction limiting vent system, or gravity drainage system, or automatic pump shut-off system, or drain disablement, or other system determined by the CPSC to be equally effective in preventing suction entrapment.

Contact the Harris Law Firm

We're here to serve families who have suffered serious injury or wrongful death as the result of a swimming pool accident, span drain entrapment, pool drain entrapment, diving accident, or other pool related injury.

Contact us today to assess your circumstances.

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