Energy Bill Includes Public Pool Safety Mandate
Tucked away in the Energy Independence and Security Act of 2007 (HR 6), which became law in December, was the “Virginia Graeme Baker Pool and Spa Safety Act.” The provision mandates that within one year all pools and spas sold in the U.S. must be equipped with specific safety devices, and public pools and spas must be upgraded to comply with these standards.
The goal of the bill is to “substantially reduce the number of childhood…pool drownings and near drownings.” Drowning remains the second leading killer of children under the age of fourteen.
The act was named for the granddaughter of former Secretary of State James A. Baker III. In 2002, seven-year-old Graeme Baker died in a spa after the powerful suction of a drain entrapped her under water. Ever since, the Baker family and Safe Kids USA have been involved in an advocacy campaign for the passage of this legislation.
While the bill calls for grants to be appropriated to the states for enforcement of the laws, no funds are made available for the costs that may be incurred in upgrading public pools and spas to comply with the mandate. According to the Congressional Budget Office, “… while many local governments already meet the standards specified in the bill, some cities, counties, and public schools would incur costs to purchase equipment or modify pools.” Industry and government officials report that these costs will range from $100 to $4,000 per pool, depending on the pool’s size, design and age.
While the industry safety standards are listed in the bill, the Consumer Product Safety Commission will be responsible for overseeing the enactment of the act and any future changes in those standards.
[Editor’s Note: TML will evaluate how the provisions of the new federal legislation compare to existing state law.]