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Thursday September 2, 2010

Personal Injury

Federal Pool-Drain Safety Law Goes Into Effect

Hundreds of thousands of public swimming pools and hot tubs must now comply with a new federal law requiring drain covers and other devices intended to prevent accidental drowning of children.

In the past 20 years, at least 36 children have died and 147 others have been injured after becoming trapped underwater in pool and hot tub drains. In most cases, a child swimming underwater got a hand, foot, or other body part trapped or sucked into the drain and was unable to break free.

The Virginia Graeme Baker Pool and Spa Safety Act was signed into law in December 2007 and gave public pool operators one year, until December 19, 2008, to comply with the new requirements. The penalty for parties who violate the new law can be fines of up to $1.8 million per infraction plus criminal penalties, including additional fines and imprisonment.

The law is named in honor of the 7-year-old granddaughter of former Secretary of State James Baker, who died in 2002 after becoming trapped in a hot tub drain during a party at the home of a family friend.

Private and residential swimming pools and hot tubs are not covered by the law, which applies only to pools that are used by the public, including those at hotels, private clubs, apartment buildings, and community centers.

In addition to installing drain covers, the operators of swimming pools with single drains may also be required to install devices to automatically cut-off suction in the drain when it becomes blocked.

Officials estimate that about 80 percent of the 300,000 public pools and spas in the United States do not yet comply with the new rules.

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