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BEE 6 Require Suction Entrapment Mechanisms in Residential Pools and Spas

Key area

Barriers

Require that new and existing residential pools and spas have mechanisms to prevent suction entrapment, in alignment with the federally mandated requirements for public pools and spas in the Virginia Graeme Baker Pool and Spa Safety Act (VGBA).

Spectrum level: Influencing Policy and Legislation

Evidence level: Medium

Implementation levels: Community County State

Rationale:

The Consumer Product Safety Commission reports that there has not been a single death in a public pool or spa from entrapment since the enforcement date of the VGB Act. This Act, however, only covers public pools and spas. If states and local governments adopt PHTA/ANSI 7 (which is fully compliant with the suction entrapment requirements of VGBA) further entrapments can be avoided in other pool and spa settings.

Anticipated Impact:

After implementing this recommendation, you can expect to experience the following outcome.

  • A significant reduction in the risk of residential pool drain entrapment.

Evidence:

Public statements from the Consumer Product Safety Commission, Chairmen, Commissioners,and the Pool Safely Campaign (both public comments and website content), all support this recommendation.

Evidence Sources:

Virginia Graeme Baker Pool & Spa Act, TITLE XIV—POOL AND SPA SAFETY (2014). https://www.poolsafely.gov/wp-content/uploads/2016/04/pssa.pdf

The Abigail Taylor Pool & Spa Safety Act, Sec. 2 to 4, Minnesota Statutes 2006, Section 144.1222 (2006). https://www.revisor.mn.gov/laws/2008/0/328/

High Risk Populations Addressed:

All populations can benefit from implementation of this recommendation, especially children.

Evaluation Metrics:

Indicators of long-term impact:

  • Decrease in injury and death due to entrapment in new and existing residential pools and spas

Indicators of intermediate impact:

  • Increase in the number of residential pools and spas that adhere to the appropriate change in drain type.

Indicators of initial impact:

  • Increase in the number of individual laws at the state and local levels.

Implementation:

Consider the following to ensure successful implementation:

  • Model state and local laws after federal law (VGBA)
  • Embrace the current commitment from industry on the implementation of the law and of the safety devices
  • Highlight that the changes are very inexpensive for new and existing residential pools and spas
  • Adapt the Pool Safely Campaign to support this recommendation

Challenges to Implementation:

When implementing this recommendation, you might encounter challenges related to the following factors.

  • Implementing pool safety barriers in state or local law is a difficult task.
  • Policymakers and their staff may have a lack of knowledge about the risk of drowning, drowning prevention, and pool safety barriers, entrapment and electrical injuries.
  • Compliance and enforcement of state laws in local jurisdictions may be limited.
  • Residential pool and spa service personnel may need to be educated on the VGBA, its impact, and methods to prevent entrapments.

Potential Facilitators:

The following factors might facilitate the implementation of this recommendation.

  • The PHTA, IPSP, CPSC, Members of Congress, non-profits, public health non profits, and affected families advocating for legislation and supporting implementation.
  • The pool and spa industry continuing to educate its service providers and construction firms about the VGBA and effective methods to prevent the injuries and deaths.
  • The VGBA may influence residential pools and spas as it makes it illegal to sell non-compliant, unsafe drains covers.

GAP Recommendation:

None