Pool Drain Law

UNITED STATES - POOL DRAIN LAW

The Consumer Product Safety Commission has issued a mandate that all public pools and spas be in compliance with legal requirements to prevent entrapment threats on pool drains by December 19, 2008.


Virginia Graeme Baker Pool and Spa Safety Act

In 2008, the federal government passed the Virginia Graeme Baker Pool Safety Act which mandated all public pools in the country replace flat drain covers with new safer ones by the end of the year.

Those new drains are now available through several manufacturers.

It’s been reported that drains can pack up to 800 pounds of suction force. In fact, a 6-year-old Virginia girl died after falling on a drain and it’s her story that inspired the new legislation. But who’s regulating the law?

The Consumer Product Safety Commission is the lead agency and is responsible for the inspections.

However a commission spokesperson said they only have 100 inspectors to go around and they want the states to pitch in.

Yet, some state and local officials say they can’t enforce it because it’s a federal law.

Grant money could be made available for new drains to some states.

A national awareness campaign is set to launch in the coming months to make pool operators and the public aware of the change.

If you suspect a drain is not in compliance call the Consumer Product Safety Commission at 1-800-638-2772.


SWIMMING POOL ACCIDENTS - THE LAWSUITS

Many pool drains are defective because they create a suction so strong that a child can become entrapped if he or she comes in contact with the drain. You may file a lawsuit against the manufacturer, distributor or seller of the pool drain. In fact, in the Peterson Pederson v. Sta-Rite Industries case in Florida, a child who suffered entrapment by a pool pump won a $104 million verdict from the pump manufacturer due to the company’s failure to change its design to make it less dangerous or to warn distributors about risks it created for swimmers.

Some ignore law to prevent pools from being child deathtraps.

Children's lives are at risk in swimming pools across the country as government agencies waffle on how to enforce a new federal law, child safety advocates say.

The law requires new drain covers on pool filtration systems.

The covers prevent children from being caught in the suction, disemboweled and completely eviscerated -- "turning your insides basically into your outsides," said Alan Korn, public policy director of Safe Kids USA, a Washington-based nonprofit organization dedicated to preventing injuries to children.

But despite the dangers -- and the federal law -- many pools are not in compliance with the law. It went into effect December 19, and pool operators have known about it for more than a year.

Some children caught in the drains can be saved, though they might be paralyzed. Some will bear the scars, in the form of welts shaped like the drain, on their bodies forever.

But others die. Kids like Virginia Graeme Baker.



A child's stomach shows the injuries of being sucked into a drain in a swimming pool.


DRAIN COVERS - FAQ

Q: Are there approved covers for rectangular grates?
A: Yes. To qualify as compliant all drain covers must meet the ASME/ANSI A112.19.8-2007 standard regardless of size or configuration. Currently there are approved round covers, 9x 9- and 12x12-inch rectangular grates on the market. Large and unblockable drain covers are expected to be introduced into the marketplace beginning in November.

Q: Can operators preorder approved drain covers?
A: Yes. Currently there are approved 8-inch round drain covers on the market and they can be ordered at will. More options should be available soon and operators should do what they can to place an order. Even if the product is on backorder the purchase documentation still represents a good-faith effort to comply.

Q: What should I do if there is no ANSI/ASME cover available for the drain on my pool?
A: Cases like this would require a field-compliant, field-fabricated cover which will not be available. Although not federally mandated to do so, in unusual cases like this, the ideal option would be to close that drain and build a new dual main drain on the floor of the pool. For most operators that will be something to aim for in the future, but at present you should install one of the secondary anti-entrapment systems.


PERSONAL INJURY LAWYERS

Your neighbor’s homeowner’s insurance probably covers injuries to pool guests and an amicable settlement to cover your daughter’s injuries may be possible. Depending on the extent of the damage sustained, you might want to first consult a personal injury lawyer to evaluate the merits of your case.

What do the mandatory provisions of the Federal Pool and Spa Safety Act cover?

make sure your building complies with new federal mandates that require these pool drains be made safer