Public swimming pools and spas must be equipped with anti-entrapment drain covers and other safety features by Saturday or they must close under a new federal law.
But pool operators say the equipment to comply with the Virginia Graeme Baker Pool and Spa Safety Act is not available, and backlogs of several months are reported.
“Our understanding is they (the specified drain covers) are flat-out unavailable,” said Ron Hopp, executive director of the Foothills Park and Recreation District.
Hopp and other operators said they intend to keep pools open. Operators will tell patrons about safety measures they have taken and that they are not in compliance with the law.
“Today, they’re safe and tomorrow, they’re not?” Hopp said. “We believe our facilities are safe.”
The law, passed a year ago, was named for the 7-year-old granddaughter of former U.S. Secretary of State James Baker. She drowned in 2002 when she became trapped underwater by powerful suction from a drain in a private spa.
Some pools, such as those operated by Lakewood and the Cherry Creek School District, have appropriate drain covers but lack the required stamp for certification.
Other public pools and spas are in compliance since they have low-flow drains.
The Consumer Product Safety Commission is charged with enforcing the new law, but it has only 400 employees across the nation.
The Colorado and local health departments conduct pool health inspections, but don’t have the authority to do safety inspections.
“The safety stuff was taken out (of state law) six to eight years ago,” said Dr. Jim Dale of the Jefferson County Department of Health and Environment. “It’s up to the pools to try their best to get this thing done, and we urge everybody to comply with the law.”
The Consumer Product Safety Commission said it recognizes the problem of equipment availability, and said the first enforcement efforts would focus on wading pools, pools designed for young children, and in-ground spas with flat drain grates and single main-drain systems.
“We will be looking specifically at pools that children have access to,” said commission spokesman Ed Kang. “Enforcement is a shared responsibility, though it is a federal act. We’re hoping to partner with state and local agencies to get more people on the ground.”
Kang cautioned that some pools may be shut down, though “we prefer pool operators caution on the side of safety rather than economics.”
A new drain cover will cost an estimated $1,800, said Tustin Amole, spokeswoman for the Cherry Creek Schools.
Thousands of pools already are in compliance, “so we know it can get done,” Kang said.
“All of our customers want to be in compliance,” said Matt Willson, owner of Aquatic Chemical Solutions Inc. of Denver, which has a number of area city and recreation district as clients.
Willson said he hasn’t heard of many pools that will close, although his company has advised some to close spas and wading pools.
Golden will close its spa tonight, Willson said, so it can be worked on Saturday.
Rules for the law were not set until June, and structural requirements were changed in August. Interpretation of the rules came in October and grates won’t be available until February or March at the earliest, Willson said.
“Everybody is for the changes,” said Rich Soukup, co-owner of Commercial Pool and Spa Supplies Inc., a Minnesota-based drain-cover vendor. “But the time frame to comply has left people in a tizzy.”
Safe Kids, which advocated for the law, reports that one person dies in the United States each year because of drain-suction issues.
Ann Schrader: 303-278-3217 or aschrader@denverpost.com
