01.20.09
A Dangerous Gap in Pool Safety

About 80% of the country's roughly 300,000 public pools and spas, located in communities, hotels and fitness centers, still need to retrofit their facilities to meet the new requirements, which took effect last month, according to the National Swimming Pool Foundation, a nonprofit group that promotes aquatic education. Pool operators complain that the new, safer drain covers required by the law didn't hit the market until the fall and continue to be in short supply. For most facilities, the new equipment costs between $1,000 and $10,000 to purchase and install, depending on the type of pool and the size of the drain.

Drains, located on the bottom or sides of a swimming pool, are part of a pool's circulation system that pumps water into filters and chemical treatment devices to keep it clean. But the suction caused by pumping the water can sometimes cause swimmers, especially children, to get stuck to the drain. Sometimes the suction is so great that people are unable to peel themselves off. Other times, body parts, such as fingers or hair, or the material from a swimsuit, can get caught in a drain. The result can be a drowning death or severe injury. Between 1999 and 2007, there were 74 reports of entrapments in pool drains, causing nine deaths and 63 injuries, according to the Consumer Product Safety Commission.

Congress in 2007 passed the Virginia Graeme Baker Pool and Spa Safety Act, named after former Secretary of State James Baker's granddaughter, who became trapped in a hot-tub drain and drowned in 2002. The law set new standards for drain covers for public pools and spas, or hot tubs. The standards are optional for existing residential pools. However, all new equipment must meet the standards, so people repairing their pools or building new ones must install the new drain covers.

Liability Questions Worries about legal liability have prompted some public pools to shut down until they can install the new drain covers. The Beecher Road School Pool in Woodbridge, Conn., normally is open year-round. But town officials ordered the pool to be drained last month and expect it likely will remain shuttered until spring. Woodbridge wasn't able to locate drains for the facility that meet the new guidelines, and the town counsel and the pool's insurer advised closing it down.

Safe Kids Worldwide New drain covers are domed. "Based on that, we took the safe course of action," says Joe Hellauer, the town's administrative officer. Because the pool has drains that are an unusual shape, Mr. Hellauer says the estimated cost of the retrofit will be $50,000 to $85,000. "That frankly terrifies me because that is way more money than we have budgeted for the pool," he says.

At least one insurer says pools may not be covered in case of an accident. "We understand that people are having a hard time getting the [drain-cover] product," says Jeff McCollum, a spokesman for State Farm Insurance, which covers condos, condo associations and community pools. Pools won't have their coverage canceled for not having certified drain covers, he says, but if a drain-related accident were to happen, "the policy holder will probably have a more difficult time proving that they are not liable."

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Information from: The Wall Street Journal, www.wsj.com, full article printed in The Wall Street Journal, page B9, Anjali Athavaley