BEE 1 Require Four-Sided Isolation Fencing for Residential Pools
Require the use of four-sided isolation fencing with self-closing and self-latching gates around residential pools and spas as the critical layer of protection to prevent drownings. Those fences and barriers should align with the Consumer Product Safety Commission’s Safety Guidelines for Residential Pools.
Spectrum level: Influencing Policy and Legislation
Evidence level: High
Implementation levels: National
Rationale:
Regulations governing many types of products already require permanent markings or labels be displayed with important information included. Recently incorporated into the Virginia Graeme Baker Act (VGBA), suction drain covers must now have specific information displayed on a product sticker.
Accessible product labeling would provide consumers with important information in case of a recall, product failure, or need to repair or replace the product or any of its parts. Important information about the product could be readily identified if original product packaging was lost or discarded,.
Building code officials and home inspectors would be able to check the products before installation, or, if already in use, they could determine if the products meet applicable voluntary standards, regulations or barrier code requirements.
Anticipated Impact:
After implementing this recommendation, you can expect to experience the following outcomes.
- Consumers are provided with important information in case of a recall, product failure, or need to repair/replace the product or any of its parts.
- Consumers are provided with important information if the original product packaging was lost or discarded.
- Building code officials and home inspectors are able to check the products before installation or, if already in use, they could determine if the product meets applicable voluntary standards, regulations or barrier code requirements.
Evidence:
Pool safety barriers have been cited in U.S. CDC data comparing drowning rates through the 1980s, 1990s, and up to 2016. Evidence shows that once the California Pool Safety Act, which was inclusive of, but not limited to, a pool barrier law, was enacted drowning rates declined at a faster rate than the national average. This Act has been cited as one of the core reasons for California's lower drowning rates. Additionally, experts agree that the consequences of California implementing a residential pool safety barrier law is a key factor in bringing attention to the residential pool drowning issue. The California Dept of Public Health EPICenter injury, death, and tracking data systems holds historical drowning data, and a review of the mid to late 1990 drowning rates in California, with a pool safety barrier law, against other national trends without a pool safety barrier law, can be used as a piece of evidence for the effectiveness of pool barrier laws. Additionally, there have been multiple reports and public statements from the Consumer Product Safety Commission on the effectiveness of the VGB Act, another example of policy inacting meaningful change. Finally, there are a number of public health statements on effectiveness of other childhood injury prevention laws cited in the evidence sources.
Evidence Sources:
Denny, S. A., Quan, L., Gilchrist, J., McCallin, T., Shenoi, R., Yusuf, S., Weiss, J., Hoffman, B., & COUNCIL ON INJURY, VIOLENCE, AND POISON PREVENTION (2021). Prevention of Drowning. Pediatrics, 148(2), e2021052227. https://doi.org/10.1542/peds.2021-052227
Several state and local laws were reviewed, some were found to address barriers. The working group reviewed these laws, and used portions of many as examples, a few are worth noting (CA, NJ, NY, DC, MN {Abigail Taylor Act}, FL).
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:
- Children ages 1-4 years old.
- Owners, managers, and users of pools and spas who lack hard copies or electronic records showing barrier, entrapment prevention equipment or electrical safety product installation and/or maintenance.
Evaluation Metrics:
Indicators of long-term impact:
- Permanent labeling supports the use of proper safety devices and provides future owners/users with important information in case of inspection, recall, repair or replacement.
- A sufficient number of pool safety products become up-to-date, meet code and regulatory requirements, and are in proper working order.
- Easier access to product information through labels and markings will begin to allow quicker inspections and turnaround time during pool construction, remodeling, and point of sale for homeowners.
Implementation:
Consider the following to ensure successful implementation.
- Develop new permanent markings/labels by code committee members, manufacturers, and other stakeholders.
- Determine what to include on labels.
- Decide where on the safety devices to place the info retool manufacturing equipment to automate the labeling process.
- Duplicate the process used by manufacturers of other regulated safety products where permanent labeling is required.
Challenges to Implementation:
When implementing this recommendation, you might encounter challenges related to the following factors.
- Manufacturers may have the increased responsibility of creating the labels and placing them on the safety devices.
- Products may have increased costs.
- Similar types of products many may perform differently, therefore, manufacturers will need to determine if this should be placed on each label for comparison, or just be included on a specification sheet or other marketing.
Potential Facilitators:
The following factors might facilitate the implementation of this recommendation.
- Legislators
- Code councils
- Voluntary standards committees
- Manufacturers of safety devices
- Print shops
- Labeling apps and technical programs used by individuals
GAP Recommendation:
Minor gap: not much specific language or information is in use at this time for certain types of pool safety device labels or markings although most have basic information attached. Most labeling is currently voluntary.