Virginia Graeme Baker Act - US Federal Pool LawSwimming Pool Operators Scrambling To Comply With Safety Law
If you operate a public aquatic facility in 2009, you will need to concern yourself with this new federal law that has been enacted- or else.
The Virginia Graeme Baker Act was signed into law by President George W. Bush in 2007. The act established that all public swimming pools have anti-entrapment drains and/or devices installed by the initial deadline of December 19th, 2008. If the pool is not open through the winter, the devices must be installed by their opening day of 2009. This is an American federal law. Virginia Graeme Baker's Death Prompts New Codes For All Public PoolsThe law came about as a result of the 2002 drowning death of seven year old Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker. Virginia was trapped against the bottom drain of a hot tub and held there until she drowned. The suction created by the hot tub’s motor was so great that it required the efforts of two men to free her lifeless body from the pool bottom. Public pool operators must comply with the act or face fine, closure, or possible jail time. The act requires that all pool drains are equipped with anti-entanglement drain covers and/or suction limiting devices. The drain covers are designed in such a way as to prevent the possibility of someone covering the entire drain and becoming entrapped. Suction limiting devices are installed in the plumbing of the pool system, and cause the pool’s motor to shut off if pressure raises in the piping, as it does in the case of a blocked drain. Act Is Not Known Or Not Understood By Many OperatorsWhile now in effect, the law has had poor exposure to most pool operators. In a poll on virginiagraemebaker.org, twenty two percent of respondents have no idea what the Act is. Twenty seven percent indicate they are not compliant. Some states have sent out information on the act to pool operators. The next question becomes who will enforce the Act, as many states are undergoing tough financial times, and funding to areas that inspect pools may be under budget restrictions. The Commonwealth of Pennsylvania is mailing out a form to operators for the operator to fill out, indicating they have made the required repairs. Also complicating things, the Virginia Graeme Baker Act mandates a change from old drain covers to new drain covers that in some cases do not exist. Many public pools have large, oversized drains, often many times larger than what the Act considers “unblockable.” These drains still need to have new drain covers installed, and the covers aren’t available. According to the National Parks and Recreation Association, compliance by the deadline may be impossible. The NRPA also acknowledges that many drains would need custom or specifically engineered drain covers installed, furthering the confusion and delays for an operator. Public pool operators should contact licensed pool professionals in their area to locate and replace drains that are out of compliance. While many excellent resources are available, including websites such as thenrpa.org website and usasafekids.org, the penalty for non-compliance in this issue is simply too great not to have a licensed professional’s input on the manner. For Virginia Graeme Baker, it was a matter of life or death. For the operator, it has now become a matter of possible imprisonment.
The copyright of the article Virginia Graeme Baker Act - US Federal Pool Law in Water Sports is owned by John Shults. Permission to republish Virginia Graeme Baker Act - US Federal Pool Law in print or online must be granted by the author in writing.
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