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Pool, Spa Safety Act Leaves Swimmers High, Dry
A new law intended to prevent deaths and injuries caused by dangerous drains in pools and spas became effective Friday. As an unintended side effect, pools nationwide have been forced to close indefinitely.
The United States Consumer Product Safety Commission said there were 74 suction-related incidents reported from 1997 to 2007, including nine deaths and 63 injuries, according to a news report out of Wisconsin today. That amounts to fewer than two deaths and seven injuries per year being attributed to dangerous drains in pools and spas. Nevertheless, the Virginia Graeme Baker Pool and Spa Safety Act became effective yesterday, forcing pools nationwide — including one frequented by members of my family — to close indefinitely due to their inability to comply with the ridiculous law [See the CPSC news release about the new law here.]
The first paragraph of a news release issued yesterday by the city of St. Peters, Mo., site of the Rec-Plex Natatorium where my wife and children swim, explains the situation:
“Due to circumstances beyond the City’s control, and under the threat of civil and criminal penalties, the swimming pool at the St. Peters Rec-Plex closed last night at midnight. We are doing this because we are complying with new federal regulations under the Virginia Graeme Baker Pools and Spa Safety Act that require the installation of pool drain covers that meet new federal specifications. Pools at recreation centers across our region and nationally are faced with the challenge of meeting these new requirements and are facing shutdown.”
What exactly is the challenge? The second paragraph of the news release covers that:
“St. Peters staff has been thoroughly investigating any possible options that would allow us to comply with this new federal regulation. Despite our best efforts, there is currently no equipment available for purchase that allows our pool to meet these new requirements. The equipment simply does not exist that would allow us to retrofit our Rec-Plex pools to meet these requirements.”
In a second news release issued the same day, the City of St. Peters outlined how St. Peters Mayor Len Pagano has sent letters to President George W. Bush and to members of Missouri’s Congressional delegation, asking them to intervene and suspend new federal requirements impacting hundreds of thousands of municipal and recreational pools across the United States.
Key portions of that news release appear below:
“St. Peters staff has been thoroughly investigating any possible options that would allow us to comply with this new federal regulation,” Mayor Pagano said. “Despite our best efforts, there is currently no equipment available for purchase that allows our pool to meet these new requirements. The equipment simply does not exist that would allow us to retrofit our Rec-Plex pools to meet these requirements.”
“Pool officials, trade organizations and engineering experts have been working all year to develop solutions that would fulfill the new requirement. At the same time, we have been asking the Consumer Product Safety Commission to fulfill these requirements.”
“At this time, because the deadline came today and there is no waiver from the CPSC, we have no alternative other than closing our pools,” added Mayor Pagano.
Did you catch the key point? People around the nation have worked ALL YEAR to develop a solution that would enable them to comply with the law, but none exists.
The impact of this legislation is widespread as evidenced by stories from Huntington, West Va., El Paso, Texas and Albany, N.Y. In St. Charles, the county in which St. Peters is located, the impact is huge.
Senior citizens and others who came to the city’s Rec-Plex pool early Friday morning for their workouts and water aerobics classes had to be turned away. A major high school swim meet had to be canceled this weekend. Left with no place to train or hold competitions are the following:
- One of the state’s largest club swimming programs;
- Eight local high school swim teams; and
- Lindenwood University’s swim team.
I’m all for safety, but legislation like the Baker Act goes beyond what is necessary by any standard.
If you’re as disgusted as I am about this abuse of power by Congress and the Consumer Products Safety Commission, CONTACT YOUR ELECTED OFFICIALS in Washington, D.C., and give them a piece of your mind. Threaten them with your vote. Say whatever it takes to convince them to rescind — or at least postpone — this legislation.







Most RecentMost Recommended Comments (4)
at 06:08 on December 22nd, 2008
I too am frustrated by this new law and closing down publicly used pools. Certainly something could have been in the works since evidently most places have had a year to look into this situation. I just recently moved into an apartment complex in St. Peters that has a pool and hot tub you can use all year and I am very disappointed that they have not complied to this problem. I have Rheumatoid Arthritis and my doctor thought it was wonderful that I had use of a pool and hot tub as they are very beneficial for me and now I don't know when I will be able to get back into the pool. I could have moved elsewhere less expensive without year-round pool access had I been aware of the pending situation.
at 23:44 on December 28th, 2008
Hot tubs pose some of the same risks as swimming pools, as well as having their own . Post safety rules by your pool and point them out to anyone using your hot tub for the first time. Never assume that anyone getting into your hot tub is aware of the possible dangers and knows how to safely use your hot tub.
Thanks for sharing the post,Darcy
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