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Some public swimming pools may not meet new federal rules
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Published: December 23, 2008
Most public swimming pools in North Carolina could be illegal to operate until owners install new safety drains aimed at preventing people from drowning, according to a federal standard that went into effect Friday.
The Virginia Graeme Baker Pool and Spa Safety Act of 2007 established the U.S. Consumer Product Safety Commission standards for pool and spa safety, including suction drain safety requirements. The rule changes will apply to public swimming pools only and will not affect existing home swimming pools, according to a news release from the N.C. Department of Environment and Natural Resources.
"The new drains required are designed to prevent body entrapment and hair entanglement," said Jim Hayes, supervisor for the public swimming pool program in the state Division of Environmental Health. "The new anti-entrapment safety drain covers are just coming onto the market. They are not yet available for many shapes and sizes of pool drains that now exist in public swimming pools."
State rules require safety measures to prevent body entrapment in public swimming pools, but North Carolina's rules do not meet the standards of the new federal rule. The Division of Environmental Health is in the process of updating the state rules to include the federal standards as the new anti-entrapment products are now being manufactured.
The new rule affects the swimming pools operated by the McDowell County Department of Parks and Recreation. Both the large pool at the Marion rec center and the large pool at Old Fort's rec center aren't in compliance. The smaller pools for infants and toddlers do have the proper drains, according to Sue Huskins, the county's interim recreation director.
Both the Marion and Old Fort pools are located outdoors and they are closed for the season. Huskins said the rec department is looking at the cost of bringing these pools into compliance.
"We will do everything we can," said Huskins. "We do try to act on these things in advance."
Hayes added that the new hair entanglement standards adopted by the federal Consumer Product Safety Commission also require that public swimming pools replace bottom drains with drains that are larger than the ones originally installed in many public pools.
"Very few drain covers previously available comply with the new standards," he said. "So, even new public pools need to be brought into compliance with the act."
The swimming pool at the Corpening Memorial YMCA is open. Executive Director Chris Wiseman said he thinks it meets the federal standard. An inspector will confirm later whether or not the pool is in compliance.
"We think we are OK," said Wiseman. "Until we hear we are not OK, we are going to continue to operate it."
The U.S. Consumer Product Safety Commission is the lead enforcement agency for the new law.
However, the N.C. Division of Environmental Health is gathering input from stakeholders to amend North Carolina rules so that state and local health departments would be responsible for enforcing the federal rule.
Huskins said the county's Health Department will not enforce the federal rule until the state takes action. The state will not get around to enforcing it until 2010.
"We won't be closing pools until 2010," said Hayes. "Until we get it into the state rules, we won't have the authority to close a pool until 2010."
Huskins said she hopes to have the county's big pools in compliance before that.
"We hope to be proactive," she said.
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