Injuries to ChildrenPersonal InjuryPremises LiabilityWrongful DeathWhat Is the Virginia Graeme Baker Pools and Spa Safety Act?

September 5, 2014by Aaron Allison
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Photo of a swimming pool at a resort.

The Virginia Graeme Baker Pool & Spa Safety Act (P&SS Act) is a law that was enacted in December of 2007. It aims to prevent pool hazards caused by drain entrapments and hazards caused by other unsafe pool designs.

The law requires all public pools and spas to have drain covers that meet the safety standards of ANSI/ASME or the newest standard, ANSI/APSP. Additionally, some pools must have a second anti-entrapment system installed.

Since this is a federal law, all states with public pools must follow the P&SS Act.

Who Is Virginia Graeme Baker?

The P&SS Act is named after Virginia Graeme Baker, a three-year-old girl who drowned after being trapped under water by a powerful suction from a hot tub drain.

After Virginia’s death, her mom and dad, Nancy and James Baker IV (the son of former Secretary of State James Baker III) worked diligently to promote pool and spa safety.

After successfully lobbying Congress to adopt a law that would require safety devices and anti-entrapment drain covers, the president signed into law the P&SS Act.

What Is a Drain Entrapment?

According to PoolSafely.gov, “a drain entrapment occurs when a body is held against a pool or spa drain by the force of the pool’s suction.”

To prevent this from happening, public pools must have anti-entrapment drain covers. These covers create a dome over the drain instead of being flat. Flat drain covers make it easier for a vortex to develop that can hold a person under water. The dome prevents a vortex and strong suction from developing.

Are Residential Pools Required to Have Anti-Entrapment Drain Covers?

A drain entrapment drowning is most likely to occur in a residential pool, not a public pool. Unfortunately, the P&SS applies to public pools only and not residential ones. However, county and city laws may require residential pools to install anti-entrapment drain covers.

The Law Offices of Aaron Allison – Austin Personal Injury Attorney

 Source: http://www.poolsafely.gov/pool-spa-safety-act/virginia-graeme-baker/

Aaron Allison

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Aaron Allison

Aaron Allison, a second-generation personal injury lawyer from Austin, follows in the footsteps of his father, who founded their firm in 1978. Admitted to practice by the Texas Supreme Court, the Federal Court for the Western District of Texas, the 5th Circuit Court of Appeals, and the U.S. Supreme Court, Aaron brings extensive legal expertise to his clients.

Specializing in personal injury cases, Aaron offers a distinct advantage for Texas workers injured on the job. With Texas workers' compensation laws leading many attorneys to avoid these cases, Aaron is one of only 40 lawyers among 95,000 in Texas who represent injured workers in straight workers' compensation cases. His firm continues to provide dedicated support for those suffering catastrophic work injuries, maintaining a proud tradition of advocacy spanning decades.