Pool & Spa Safety Act

This sounds like a law with good intentions, but due to poor language, is having some negative consequences.

I am more than empathetic to the tragic loss of a child. Last year, my three-year-old nephew died in a terrible, avoidable accident and our entire family is forever changed. With this act, however, there are several issues that limit or even prevent compliance. A few local examples from my area: at a local YMCA, the pool drain is on a right angle. The appropriate drain cover does not even exist and despite the fact that this pool does not have a suction problem, it will be forced to close. Our town has had to cancel its entire winter swim program, which includes swim instruction for children, thereby lessening water safety instead of enhancing it. Our Masters team of 40 swimmers will have no location, despite the fact that we swim at a University and are coached by the men's and women's coaches at UMASS Amherst. The pool will be closed as of Friday and we are devastated, especially since almost every pool in our area will be closing. There are few remaining open at private colleges but there will be no access for our team. If you want to save our swim programs, it's vital to call your state legislators and let them know pool operators need more time to comply, and that in some cases, because of pool design, there is no possibility of compliance with the law as written. This is way beyond "some capitalist" stepping up. It's about making our kids safer by keeping access to the pools and facilities that teach them water safety.

We just got notice today that Harvard's pool is closed for emergency maintenance tomorrow, but with no announced re-open plan. I suspect the drain situation is the culprit. City of Boston has said they are closing 19 out of their 20 pools in community centers starting tomorrow. -Rick

Unclear if remediation requires a pool drain. Installation by someone with a SCUBA tank may be sufficient. -Rick

We also got notice today that our pools will definitely be closed as of tomorrow. We went out after practice tonight, to commiserate. I spoke with someone at the Department of Public Health today, the area of Environmental Health. This is the office basically ensuring compliance in Massachusetts. The man I spoke with had just gotten off the phone with the people at the pool at Harvard so I know that's the reason the Harvard pool is closing. One place to call, besides our state legislators, would be the Consumer Products Safety Commission at (301) 504-7923. They need to be made aware that many pools are currently unable to comply due to lack of available materials. The pool I swim in, at UMASS Amherst, has a right angle drain, with a gravity, not suction, system. Despite that, we are closed as of today. Ugh. At this point, it's looking like only work done by our legislators will get anything done, and then, not until Congress is back in session.

We just got notice today that Harvard's pool is closed for emergency maintenance tomorrow, but with no announced re-open plan. I suspect the drain situation is the culprit. City of Boston has said they are closing 19 out of their 20 pools in community centers starting tomorrow. -Rick That's going to take a while to drain and refill!

An informal survey of public pool operators in Colorado indicates no facilities closing due to VGB if the pools have "unblockable" main drains.

It is part of the regulation that if the drains are unblockable, then the cover is not required. I believe it says that the drain opening needs to be 24x18 inches or larger to qualify as unblockable. -Rick

The CPSC has interpreted the Act to mean all drains need anti-entrapment covers regardles of whether or not they are blockable. It is this interpretation that has everyone in the industry so worked up: except the pool supply companies and drain cover manufactureres of course. Part of the stimulous package?

Hey there- I also am in MA and many pools around here have been closed since the 19th, but one has actually reopened due to a swim parent (who is an attorney) detailing the "good faith" clause in the rule. This place has the drain cover on order and now it seems that is enough to keep it open. I do not know why this is not happening more often, but it is worth a shot if you have someone who can take apart the language of the writing for the benefit of the swimmers.