New law promotes pool, spa safety

By Robin l. Gardner
Published: April 04, 2010

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• Editor's note: This is the first of in a weekly series running in April highlighting areas of public safety in the community.
A new federal law known as the Virginia Graeme Baker Pool and Spa Safety Act will be enforced in North Carolina during the 2010 pool season.

Hidden dangers could lurk in some public pools if not in compliance with the new law.

Cabarrus Health Alliance environmental health specialist Jim Osborne is beginning the process of keeping the swimming public safe for the season.

The act requires all public swimming pools and spas be equipped with anti-entrapment drain covers.

It was designed to prevent the drain entrapments and eviscerations in pools and spas. The law became effective on the federal level on Dec. 19, 2008, and state level enforcement is expected to begin on May 1.

"These rule changes are going to implement those entrapment safety standards," said David Troutman, environmental health director for Cabarrus Health Alliance. "The main emphasis is on drain entrapment."

Many pools have already made changes to meet the new regulations, but this year it is going to be required for a permit to be issued, Osborne said.

Confusion over what is required is the biggest obstacle Osborne believes he will encounter while inspecting the pools for initial permitting.

However, there is cost to the alterations a pool or spa may need, and in tough economic times this could be a problem for some pool owners, Troutman and Osborne said.

"They knew it was coming, and I realize the economy is bad, but they have the option of doing it or not opening their pool this year," Osborne said.

Pool permitting is in the beginning stages, so it isn't clear yet if compliance to the new safety laws will be a problem.

"It's not that I'm naive to think there won't be problems. There will probably be a couple of people who straggle trying to get qualified people to do the drains. They may not be open Memorial Day," Troutman said.

Permits expire at the end of each season, and need to be reissued annually.

Pool permitting will now require a drain safety state compliance sheet to be filled out by the pool operator, pool owner or an engineer.

Private pools don't fall under the new law yet, but Osborne believes it may fall under building inspections in the future.

Osborne says the public is welcome to call CHA and ask any questions about drain safety for their private pools.

Hotels have year round permits.

Osborne believes local hotels are about 85 percent compliant as of now, but will also be forced to close if they don't make the necessary changes by May.

"North Carolina has been proactive on this for several years. Any single drain pools had to have some type of secondary release site," Osborne said.

He explained that when pressure is placed on top of the drain, like if someone were to sit on it, the pump would stop immediately.

Over the past five years, there have only been two incidents involving drains in the state, according to CHA. Only 33 deaths have been officially listed as being caused by entrapment between 1985 and 2004.

Before that time nobody knew the dangers that existed at the bottom of the pool, according to Safe Kids USA, which was founded by Children's National Medical Center in Washington.