Passions run high on both sides of safety debate

Pool and spa safety is a significant issue, particularity in a community such as Las Vegas where pools and spas are prevalent in residential backyards. It is a topic I have touched on many times in this column, stressing the importance of safety barriers, personal flotation devices, swimming and lifesaving classes, and most importantly constant adult supervision, especially in households with young children.

As the number of pools and spas multiply across the country, consumer awareness of safety becomes more urgent. First-time pool owners and those with tots should take extra precautions with access to the pool area.

Southern Nevada has a very proactive pool safety code and regulation for new pools, however, there are thousands of existing pools that are exempt from regulation because of their installation date.

Anyone with an existing pool, or those pondering the idea of installing a pool or spa should take into consideration the full responsibility of having one in their backyard. Yes, installing barriers such as a door alarm, a child protective fence, a childproof pool cover, a combination of several barriers or all of them are notable steps in protecting one's family members. These are all excellent measures in saving lives, but they are not guarantees in preventing a drowning or near drowning.

The Southern Nevada Health District provides aggressive educational programs with literature, TV and radio public service announcements that promote the ABCs of drowning prevention, including heart-wrenching testimonials from families that have experienced a drowning or near drowning incident.

As an active board member in the Association of Pool and Spa Professionals and a member of the organizations Legislative Advisory Cabinet, I traveled to Washington, D.C., two weeks ago to meet with fellow APSP board members, industry executives and congressional representatives from Nevada regarding commercial and residential pool safety legislation.

Presently, there is much discussion on Capitol Hill regarding the subject of pool safety with respect to residential applications. Two opposing bills have been introduced -- one in the Senate and one in the House of Representatives. Each addresses stricter measures for pool and spa safety and the actions needed to protect our country's children.

Both bills address three areas of safety -- 1. The use of proper anti-entrapment drain covers and pool/spa drainage systems; 2. Creating a swimming pool safety grant program administered by the Consumer Product Safety Commission to encourage states to improve their pool/spa safety laws and to educate the public about pool/spa safety; 3. Establishing a barrier mandate. The debate lies in the description and application of a "barrier."

Congresswoman Debbie Wasserman Schultz, D-Fla., introduced H.R. 1721, The Wasserman Schultz Pool and Spa Safety Act. The bill mandates all (existing and new) swimming pools would be required to install a permanent, four-sided barrier around the pool or spa. The four-sided enclosure could not include a dwelling wall if the wall contained a door or a window opening to the pool or spa.

In contrast, Senate Bill S.1771, The Virginia Graeme Baker Pool and Spa Safety Act's, definition of a "barrier" required to be placed around a pool is excellent. It provides for additional safety barriers, allowing the homeowner the flexibility of selecting the barrier of their choice from a list of approved devices, and is totally consistent with many state laws and the International Building Code on this issue and mirrors closely to Southern Nevada's code. The APSP strongly supports Senate Bill S.1771 as is.

During a markup in the U.S. House Subcommittee on Commerce, Trade and Consumer Protection on July 31, the House bill was amended, softened somewhat and was renamed the Virginia Graeme Baker Pool and Spa Safety Act to echo the Senate bill. However, there is still strong language for consumers to be aware of since it continues to refer to all (existing and future pools and spas).

The House bill will now go to full House Committee on Energy and Commerce before it proceeds to the House floor. In the latest version of HR. 1721, a dwelling wall with doors or windows providing access to the pool may serve as part of a pool barrier as long as there are specified window and door exit alarms present and as long as doors have specified self-closing, self-latching devices. This version would require Nevada homeowners to retrofit their doors with self-closing devices and alarm all windows with access to the pool.

There are many situations where children are not a part of the household, including the numerous age-restricted communities where there is no opportunity or access for children to even use the pool. Mandating compliance for every home across the United State will defeat the safety objectives we are all trying to achieve. It is more likely that homeowners will take ownership of the safety measures they choose and ensure that the requirements are met.

The APSP works closely with a number of organizations, engineers, manufacturers, government agencies and vendors to establish and reevaluate safety standards for the pool and spa industry on a continuing basis. Organizations including American National Standard Institute, National Sanitation Foundation, Southern Building Code Congress International, U.S. Department of Labor / OSHA, US Consumer Products Safety Commission, U.S. Center for Disease Control, recreational safety institute, building officials and code administrators and others that established the American National Standard for commercial and residential pool and spa applications.

Passions run high on both sides of the debate. Every measure should be taken to save a life. Homeowners care about safety but they should have flexibility to choose from a number of types of protective measures. Whatever your stand, the APSP encourages you to contact your Nevada representatives and voice your opinion.

To follow the progress of the bills, go to www.senate.gov and www.house.gov.

Joe Vassallo is the president of Paragon Pools, as well as a member of the Association of Pool and Spa Professionals, a certified building professional and a representative of the APSP National Builders Council, Region XI. Send questions or suggestions for column ideas regarding pools and spas to him at jvassallo@paragonpools.net or 251-0500.