Rec-Plex Pool Closed
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 Product 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.
* * *
UPDATE 12/23/08: As of this morning, the pool in St. Peters, Mo., remains closed.
UPDATE 10/16/09: The Consumer Products Safety Commission just released information about a public hearing scheduled for Nov. 4, 2009, about the Virginia Graeme Baker Pool and Spa Safety Act. See this document.
15 responses so far ↓
1 Alida // Dec 21, 2008 at 7:26 am
I don’t understand why this is such a problem.
So many kids have drowned horrible deaths because of the drains.
I was under the impression that drain covers had to be replaced nationally and it was a law everywhere.
From my understanding, all it takes to be compliant were new, safe drain covers.
This is news to me that it’s not something which could easily be resolved with nothing more than new drain covers.
2 hotoffthepress2 // Dec 21, 2008 at 8:04 am
Alida — While two deaths per year is tragic, that number does not justify placing impossible-to-comply-with regulations upon pool managers across the country and, in turn, closing pools. It’s government micromanagement at its worst.
3 John // Dec 23, 2008 at 2:23 am
Not to mention all of the lifeguards (like myself) who are going with out pay right now. I’m pretty sure we are the “anti-drowning” device they speak of.
Rumor has it that the senator who pushed for the law to pass had a daughter who drowned in a hotel pool. (With no lifeguards)
4 hotoffthepress2 // Dec 23, 2008 at 8:06 am
John — It was the granddaughter of former Secretary of State James Baker who died in one of these accidents several years ago. While sad, it doesn’t warrant ruining things for everyone nationwide.
5 Hugo Diaz // Jan 1, 2009 at 7:12 am
This article the only thing that shows is a total ignorance about the law, why do not you write to Virginia G. Baeker´mom about you reasons, what you called, ridiculous law?
6 scott // Jan 5, 2009 at 7:22 pm
There is more to this then changing covers, and there are many products that bring pools into compliance. Although drain covers are being released there was a shortage as is amaginable. Its a good law and in mosst cases not a huge expense. The problem is public pool owners who wont and dont listen to the people trying to help them comply. Its arrogance that is causing shut downs.
7 hotoffthepress2 // Jan 5, 2009 at 8:02 pm
Scott — You may be an expert in something related to pools, but you’re wrong in this case.
8 Sisyphus // Jan 14, 2009 at 2:18 pm
Let me help you guys out, since some don’t have a clue what you are talking about.
1) Graeme Baker’s death occurred in a residential pool. This act does NOT cover residential pools. so yes, this is ridiculous.
2)Most pools are already compliant – except for the drains. They have gravity feed systems, multiple drains, drains only in the deep end, etc. However, this act declares them unsafe. A new drain cover won’t save your kids. Proper education & supervision will.
3) Most drain manufacturers cannot keep up with the demand. Additionally, many drains are fabricated onsite. So they have to be specially made. You can’t just order it online like you did your ipod.
4)Many pools are finding the costs associated with these upgrades to be too high. Forking over this kind of cash on such a short notice is impossible for some pools – So they are closing instead. No pool = No swim lessons. Deaths preventable by lessons outweigh entrapment on any day. Rather than send a letter to the Baker family claiming how ridiculous this act is, let them know each time a kid drowns because he/she didn’t have lessons due to a pool closure.
This is simply something to make people think they are making kids safer. Enjoy the warm & fuzzy.
9 hotoffthepress2 // Jan 14, 2009 at 3:25 pm
Thanks, Sisyphus.
10 Pool Guy // Jan 15, 2009 at 9:59 am
Thanks Sisyphus
I have been talking about VGB for over a year, and it will be one of the major factors in destroying people ability to learn how to swim.
Children will swim this summer. The city pool will most likely be closed – but kids will fence hop unsupervised home pools, and hit the lakes and rivers. Then what?
11 hotoffthepress2 // Jan 15, 2009 at 10:02 am
Thanks, Pool Guy.
12 NSH013 // Jan 15, 2009 at 2:20 pm
First off while this is tragic, the facts are slightly off. Graeme Baker died in a hot tub during a party. Why a 7 year old was from what I have read, left unattended in a hot tub is beyond me. The first rule of children and pools, hot tubs etc is to monitor them closely. Second, thinking that all this can be solved just by requiring that pools and spas all simply replace their drain covers is ridiculous. If I remember correctly, children under a certain age aren’t permitted in hot tubs, at least not public ones. What you do in the privacy of your own home is your business. There is a warning on the side of every tub saying not to immerse your head. I do sypathize with the family but this should have been a more common sense approach. The drain changes may help but with a little awareness, it would not have needed to be made into a national issue. Compare the number of children injured or drowned due to the drains with the number of children drowned due to someone not paying attention and you’ll see where the focus should be.
13 Sisyphus // Jan 15, 2009 at 3:33 pm
Thanks, NSH.
I said residential pool, but meant hot tube.
Just noticed a CNN article with “Deathtraps” in the headline.
http://www.cnn.com/2009/US/01/15/entrapment.pools/index.html
By the way, your car is a deathtrap. Over 40,000 people die EACH YEAR from automobile accidents. But hey, this isn’t about saving lives. Only about making a statement.
14 ssynan // Jan 26, 2009 at 9:54 am
This law is a travesty. If many pools are closed by this law it is likely to increase the drowning rate.
I have been trying to find a web site that has a comprehensive list of the pools closed/disrupted by this law. Does anyone know of one?
Hugo Diaz, I have attempted to contact Graeme’s mother and let her/SafeKids.org know what I feel to be the problems of this law. Thus far I have received no response.
The only national coverage that I have seen on the Virginia Graeme Baker Pool and Spa Safety Act law has been on Today and CNN (http://www.cnn.com/2009/US/01/15/entrapment.pools/index.html). I know enough about this subject to know that that in both cases the information was fed practically directly from SafeKids.org/Nancy Baker. I would appreciate seeing non-biased in-depth coverage of this issue.
15 tarno_inz // Feb 28, 2009 at 3:31 am
At the national level this law would not be so bad. Spend a few bucks and save a few lives — ok, very few but still useful.
Now the problem: my mother owns a small motel with an in-ground pool in Wisconsin.
About a week ago I talked to a sales guy who sells chemicals and equipment for pools. He educated me about the law and how a few of the states are requiring us to comply with the federal law.
As it turns out, the state of Wisconsin requires a complete engineering study to “modify” the pool. The going intelligence is that the requirement is always two drains — that is, a single drain with a federally approved drain cover is insufficient in Wisconsin. So in Wisconsin, complying with the law will cost her somewhere between 20k to 40k USD.
How much does an approved (elsewhere) drain cover cost ? Probably on the order of 100 to 1000 USD. Some cost-benefit analysis !!
She can survive the 1000, but not the 20k or 40k. Looks to me like somebody wants to make some money for their contractor friends.
Some cost-benefit analysis !!
So, as number one son, I am trying to help find a way out of this mess. If not, the pool will not reopen in the spring.
If anyone has any ideas, please send them to me at tarno_inz:at:yahoo:dot:com.
Leave a Comment