BEE 2 Require Inspections for Pool Safety Compliance on Property Transfer or Remodel
Require government mandated inspections upon change of ownership or substantial remodel or renovation of residential pools and spas to ensure they meet all federal, state, and local laws, regulations, and standards.
Spectrum level: Changing Organizational Practices Influencing Policy and Legislation
Evidence level: Medium
Rationale:
Implementing this recommendation would help ensure a residential aquatic venue meets all applicable safety requirements. New owners would be without any additional action, the legislative or regulatory scheme in place would implement this layer of protection automatically. This recommendation is consistent with the inspection process for commercial pools, and, in many jurisdictions, this requirement already exists for smoke alarms, carbon monoxide detectors, electrical wiring - extend to pools and spas. Additionally, an inspector can investigate and recommend changes to dangerous situation that are not covered by an existing, already passed local/state law.
Anticipated Impact:
After implementing this recommendation, you can expect to experience the following outcomes.
- Residential aquatic venues meet all applicable safety requirements.
- New owners are without any additional action, as the legislative or regulatory schemes in place would implement this layer of protection automatically.
- Inspectors are investigating and recommending changes to dangerous situation that are not covered by an existing, already passed local/state law.
Evidence:
Some states currently require mandated inspections upon change of ownership or substantial remodeling or renovation of residential pools and spas.
Most states already have established smoke alarm laws, and at least 15 states have carbon monoxide detector use laws that include inspection.
This recommendation is supported by International Swimming Pool and Spa Code and Code officials, the National Drowning Prevention Alliance, Families United, public health officials, other water safety non-profits, and members of the aquatic industry.
Evidence Sources:
Swimming Pool Safety Act. (1997). Chapter 925, Sec. 3.5. https://www.creia.org/legislation-pool-safety-act#:~:text=3.5.,the%20requirements%20of%20this%20article.
California Pool Safety Act. S. B. 442 (2017 - 2018), Chapter 670 (Cal. Stat. 2018). No. 442 CHAPTER 670. https://shou.senate.ca.gov/sites/shou.senate.ca.gov/files/SB%20552%20%28Newman%29%20-%20policy%20analysis.pdf
Maryland Swimming Pool and Spa Standards https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0303?ys=2022rs
District of Columbia Swimming Pool and Spa Regulations https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/2017-%2025C%20DCMR-DC%20Swimming%20Pool%2C%20Spa%20and%20Saunas_0.pdf
High Risk Populations Addressed:
Populations whose risk of drowning decreases the most with the implementation of this recommendation may have one or more of the following characteristics:
- Homeowners (in particular new homeowners) that have young children
- Homeowners with pool/spas that are frequented by young children
Evaluation Metrics:
Indicators of long-term impact:
- Decrease in drowning deaths and injuries in residential pools
Indicators of intermediate impact:
- Decrease in violations of regulations and laws related to pool and spa safety
- Increased compliance with pool and spa safety regulations and laws
Indicators of initial impact:
- Addition of safety elements and content to home inspector training
Implementation:
Consider the following to ensure successful implementation.
- Bolster realtor, building code inspector, home inspector, and pool and spa service professional “buy in”.
- Foster a political environment that would better accept mandated inspections.
- Develop leaders in public policy as champions.
- Invest in family's affected by an incident as advocates.
- Identify model legislation that reflects the recommendations of relevant stakeholders.
Challenges to Implementation:
When implementing this recommendation, you might encounter challenges related to the following factors.
- Political environment may not foster "buy-in".
- Lack of public policy leadership may stall efforts.
- The perception that the Government has no “authority” in our homes among some of the population.
- Home inspection costs may increase.
- Current inspectors may not have the proper training to look for pool and spa safety violations.
- Inspectors may need additional training.
- Contemporaneous continuing education requirements would be needed.
Potential Facilitators:
- Realtor, building code inspector, home inspector, and pool and spa service professional “buy-in”.
- Political environments that would better accept mandated inspections.
- Leaders in public policy as champions.
- Family's affected by an incident as advocates.
- Model legislation that reflects the recommendations of relevant stakeholders.
GAP Recommendation:
There is limited research exploring the influence of government mandated inspections upon change of ownership, or substantial remodel or renovation of residential pools and spas, on drowning rates.
Additionally, there may be home inspectors doing this type of inspection already, however, there is little understanding of the full “lay of the land” in regards to pool and spa inspections upon change of ownership or substantial remodel or renovation.