It has been said the worst day and the best day for a private club is when the pool opens and when it closes.
Most club managers understand their members love to use the swimming pool, but oftentimes those same members do not truly know how much goes into operating, maintaining, and securing the pool and spa for their enjoyment. From the additional staff and training to the chemical supplies needed to keep the water clear, the pool can be the biggest maintenance nightmare for private clubs. Add to this the potential harm that can befall a club member in a pool or spa—from a pool or spa drain, no less—and it’s easy to see why most club managers look forward to Labor Day.
Few may think a pool drain could be all that dangerous, but, the Consumer Product Safety Commission states the suction power of some pool and spa filters can be as strong as 300 pounds per square inch. With such a force filtering a pool’s water, one can imagine what could happen if a small child swam by or played around one of these drains.
After several high-profile incidents involving children drowning or being seriously injured, Capitol Hill decided to act—and clubs must take notice.
The Response from Congress
In response to a number of children drowning by being trapped at the bottom of a pool by drain suction power, Sen. Mark Pryor (D-Ark.) introduced S. 1771, the Virginia Graeme Baker Pool and Spa Safety Act. The bill’s namesake was former Secretary of State James Baker’s granddaughter who drowned after being trapped by a spa drain.
The legislation first required only new pools and spas manufactured, distributed or entered into commerce must have drain covers that complied with anti-entrapment protection standards. But, after the entrapment and near death of a 6-year old girl while swimming by a wading pool drain, Sen. Amy Klobuchar (D-Minn.) offered an amendment to Sen. Pryor’s bill.
Senator Klobuchar’s amendment required all existing public pools and spas install anti-entrapment drain covers. Although private clubs aren’t open to the public, the definition of “public pools” specifically includes pools and spas open exclusively to members of an organization and their guests. As such, private clubs fall under this definition.
On July 19, 2007, the Senate’s Commerce Committee passed the bill unanimously—a mere eight days after the bill was introduced. After a two-month delay, the bill was finally reported out of the Commerce Committee and sent to the Senate floor for a final vote. At that point, one anonymous senator placed a hold on the legislation and prevented it from coming up for that final vote. With the hold in place, few believed the bill would see any further action in the Senate.
Meanwhile, in the House of Representatives, Rep. Debbie Wasserman-Schultz (D-Fla.) introduced H.R. 1721, a similar bill given the same name as the Senate bill. On July 31, a subcommittee of the House Energy and Commerce Committee also passed the bill unanimously. However, there was little effort to move the legislation out of the Committee to the House floor for a final vote.
As Congress left town for its month-long August recess, it looked as though pool and spa safety legislation would die. This was especially true because Congress had not passed any of the federal government’s spending bills for the upcoming fiscal year and those bills had to be the main focus when they returned in September. However, Sen. Klobuchar was determined not to let the legislation die.
Upon Congress’ return, Sen. Klobuchar made it her personal mission to get the pool legislation passed. In early December, she made an impassioned plea on the Senate floor to the senator who had placed the hold on the bill to allow a final vote. Her will and determination paid dividends when, on December 17, the hold was lifted, and the Virginia Graeme Baker Pool and Spa Safety Act was added as an amendment to the Energy Independence and Security Act of 2007.
Pool safety has nothing to do with America’s energy policies, but the Energy Bill was a vehicle to get the legislation through, and no objection was made to the pool language being included. Once the Energy Bill passed the Senate, it went to the House for approval. No objection was made to the inclusion of the pool language, and the Energy Bill passed the House.
On December 19, 2007, the last day of the first session of the 110th Congress, the bill was signed into law by President George W. Bush.
How Clubs Must Comply
All private clubs must now ensure their pools’ filtration systems minimize the chances of a young child being trapped by the suction power of the drain. By December 19, 2008, each existing pool must be equipped with anti-entrapment devices or systems that comply with the American Society of Mechanical Engineers/American National Standards Institute A112.19.8 performance standard, or any successor standard.
To satisfy this new law, most clubs will simply have to purchase an anti-entrapment drain cover that will diffuse the suction power such that a young child can escape the drain. The drain covers that comply with the ASME/ANSI A112.19.8 performance standard are universally available at pool and spa supply retailers and can be easily installed at a reasonable cost.
In addition to drain covers, the new law also requires clubs take remedial measures for pools and spas that have a single main drain not designated as an unblockable drain. While most pools and spas have more than one single drain, some smaller pools may still only have one. Clubs with these types of pools and spas have one year to install one of the following devices:
- A safety vacuum release system that ceases operation of the pump, reverses the flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third-party and that conforms to ASME/ANSI standard 112.19.17 or ASTM (American Society for Testing and Materials) standard F2387;
- A suction-limiting vent system with a tamper-resistant atmospheric opening;
- A gravity drainage system that utilizes a collector tank;
- An automatic pump shut-off system;
- A drain disablement device or system that disables the drain when it is blocked; or
- Any other system determined by the Consumer Product Safety Commission to be equally effective as, or better than, the systems described above at preventing or eliminating the risk of injury or death associated with pool and spa drainage systems.
Each of these responses to the single main drain issue may have a unique benefit or be a particularly easy fix for each individual pool. So, should your club need to comply with this portion of the new law, a local pool supply company will be the best resource to discuss what is right for your particular club.
What’s Ahead
Throughout the legislative process, NCA lobbied for language in the bill that would be an effective and responsive fix to the problem without being overly burdensome to our members. In the end, the Virginia Graeme Baker Pool and Spa Safety Act is such a bill. The reasons for this law are clear, and the need to ensure the safety of children is worth the expense. To say the least, the costs to make these changes truly pale in comparison to the costs of a lost life and the attendant litigation and unfortunate publicity that would certainly result should a club member drown.
By signing this bill on December 19, 2007, President Bush started the clock ticking on the one-year countdown. All member clubs are advised to begin their review and establish an installation plan as soon as possible to ensure they do not fall outside the federally mandated compliance date of December 19, 2008. With luck, this will be an easy process, and it will not cause a significant inconvenience for your members.
Should any NCA member have questions about this new law and its requirements, please do not hesitate to contact us. There will certainly be some additional work and expense to comply with these new mandates, but in the end, 2008 and the years to come will be safer and less stressful for all of those who use and enjoy (or who just count the days until the closing of) the club’s pool.
Brad Steele, Esq., is NCA’s vice president of government relations.