January 22, 2008                                                  
Contact: Maureen Williams                                                                                    Public Relations Manager
(800) 716-0888, ext. 292
NDPA Newsletter Article

mwilliams@ddtechusa.com

National Pool Safety Legislation Signed into Law

On December 19, 2007, history was made when President Bush signed into law the first-ever U.S. legislation pertaining to pool safety.  After coming just a few votes short of passage in the ‘06/’07 legislative session, the Virginia Graeme Baker Pool and Spa Safety Act of 2007 was included as part of a comprehensive energy bill, H.R.6, which passed the House on Dec. 18 by a vote of 314-100. The Senate had approved the bill on Dec. 13.

The lives of thousands of children may be saved through this new law, which provides incentives for states to adopt comprehensive pool safety laws.  Drowning remains the second leading killer of children under the age of 14, and the number one cause of accidental death for children under five in many sunbelt states.

The momentum to create the bill sprang from the 2002 death by entrapment on a spa drain of Graeme Baker, the granddaughter of former Secretary of State James A. Baker, III.  The bill provides for comprehensive anti-entrapment measures, but Graeme’s mother Nancy Baker joined safety advocates across the nation in ensuring that the bill would provide safety measures to prevent all types of pool & spa drownings.

At least two sessions of the upcoming National Drowning Prevention Symposium will address topics related to this legislation.  In a plenary session, Dr. Robert Pitt of Australia will talk about how attendees can use lessons learned from that country’s past decade with national legislation to create workable state legislation in the U.S.  A workshop will address ways to “Understand the Effectiveness of Barriers to Maximize Gains from the New Legislation.”

The NDPA worked with other safety groups and members of the fencing industry to support passage of this bill, however, many members have expressed concern that the definition of a barrier as a “topographical feature” may lead to a wide variety of interpretations by building inspectors. 

The final wording in the bill regarding barriers does not reflect the intent of the bill’s original author, U.S. Rep. Debbie Wasserman Schultz, who strongly supported the inclusion of isolation fencing in the bill.  The NDPA remains involved in efforts to clarify the wording in the bill to maximize its effectiveness on a state-by-state basis.
           
The bill states that, in establishing minimum State law requirements for swimming pools, the Commission shall consider the following requirements:

1. Covers
2. Gates—A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.
3. Doors—Any door with direct access to the swimming pool…equipped with an alarm which sounds when the door is opened.
4. Pool Alarm…”

Specifically, the law will:

1. Prohibit the manufacture, sale or distribution of drain covers that do not meet anti-entrapment safety standards established by the CPSC.
2. Create an incentive grant program for states to adopt comprehensive pool and spa safety laws requiring safety devices for swimming pools and spas to protect children.
3. The bill requires states to use funds, if awarded, to hire and train personnel for the proper enforcement of state law; and educate the pool industry and the public about the state law and about drowning prevention practices.
4. The bill mandates the establishment of a national drowning prevention education program within the CPSC to inform the public about ways to prevent drowning and entrapment in swimming pools and spas, and execute a national media campaign to promote awareness of pool and spa safety.
5. It requires public pools to incorporate anti-entrapment drain covers and other layers of protection.