Findings: In 2004, the second leading cause of injury related deaths in the U.S. for children fourteen (14) and under is by drowning. The law stemmed from the 2002 drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker III.
The Law: Below is a summary of those portions of the law that directly affect commercial operations that provide guest, members, or the general public with access to a swimming pool or spa.
The law placed the treatment of swimming pools and spa drain cover under Consumer Product Safety Committee and the Consumer Product Safety Act. Effective December 19th, 2008 all pool and spa drains manufactured, distributed or entered in commerce in the U.S. must conform to the entrapment protection standards of the ASME/ANSI.
Public Pools
Beginning December 19th, 2008
Each public pool or spa must be equipped with ant-entrapment devices or system
Every public pool and spa that a single drain (other than an unblockable drain) shall be equipped with one or more of the following
Safety vacuum release systemSuction limiting vent systemGravity drainage systemAutomatic pump shut-off systemDrain disablement
Standards must met the requirements of ASME/ANSI or ASTM
Public pool is defined by the law. The definition of public is used very loosely.
Open to the public generally, whether for a fee or free of charge;
Open exclusively to-
Members of an organization and their guestResidents of an apartment building or complex, residential real estate development, or other multifamily development (other than local government)Patrons of a hotel or other public accommodations facility
Operated by or for the Federal Government for the benefit of the Armed Forces and their dependents