[Senate Hearing 109-597]
[From the U.S. Government Publishing Office]
S. Hrg. 109-597
EXAMINING POOL SAFETY ISSUES
=======================================================================
HEARING
before the
SUBCOMMITTEE ON CONSUMER AFFAIRS, PRODUCT SAFETY, AND INSURANCE
OF THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
__________
MAY 3, 2006
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
TED STEVENS, Alaska, Chairman
JOHN McCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-
CONRAD BURNS, Montana Chairman
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
GORDON H. SMITH, Oregon BYRON L. DORGAN, North Dakota
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
JIM DeMINT, South Carolina FRANK R. LAUTENBERG, New Jersey
DAVID VITTER, Louisiana E. BENJAMIN NELSON, Nebraska
MARK PRYOR, Arkansas
Lisa J. Sutherland, Republican Staff Director
Christine Drager Kurth, Republican Deputy Staff Director
Kenneth R. Nahigian, Republican Chief Counsel
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Samuel E. Whitehorn, Democratic Deputy Staff Director and General
Counsel
Lila Harper Helms, Democratic Policy Director
------
SUBCOMMITTEE ON CONSUMER AFFAIRS, PRODUCT SAFETY, AND INSURANCE
GEORGE ALLEN, Virginia, Chairman
TED STEVENS, Alaska MARK PRYOR, Arkansas, Ranking
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
JIM DeMINT, South Carolina BARBARA BOXER, California
DAVID VITTER, Louisiana
C O N T E N T S
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Page
Hearing held on May 3, 2006...................................... 1
Statement of Senator Allen....................................... 1
Statement of Senator McCain...................................... 4
Statement of Senator Pryor....................................... 3
Statement of Senator Stevens..................................... 25
Witnesses
Baker, Nancy, Pool and Spa Safety Advocate....................... 14
Prepared statement........................................... 17
Elder, Jacqueline, Assistant Executive Director, Hazard
Identification and Reduction, Consumer Product Safety
Commission..................................................... 4
Prepared statement........................................... 6
Korn, Alan, J.D., Director of Public Policy/General Counsel, Safe
Kids Worldwide................................................. 26
Prepared statement........................................... 29
Laven, Mark, President/CEO, Latham International; on behalf of
The Association of Pool and Spa Professionals (APSP)........... 20
Prepared statement........................................... 22
Appendix
Duren, Gary S., President, Code Compliance, Inc., prepared
statement...................................................... 54
Horner, Jack, Director, Congressional Relations, Consumer Product
Safety Commission, letter, dated May 5, 2006, to Hon. George
Allen and Hon. Mark Pryor...................................... 51
National Swimming Pool Foundation, prepared statement............ 53
Weiss, Gayle and Evan, Pool and Spa Safety Advocates, prepared
statement...................................................... 56
Williams, Maureen, President, National Drowning Prevention
Alliance (NDPA), prepared statement............................ 52
EXAMINING POOL SAFETY ISSUES
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WEDNESDAY, MAY 3, 2006
U.S. Senate,
Subcommittee on Consumer Affairs, Product Safety,
and Insurance,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:30 p.m. in
room SD-562, Dirksen Senate Office Building, Hon. George Allen,
Chairman of the Subcommittee, presiding.
OPENING STATEMENT OF HON. GEORGE ALLEN,
U.S. SENATOR FROM VIRGINIA
Senator Allen. Good afternoon, everyone. I call to order
this hearing of the Senate Subcommittee on Consumer Affairs,
Product Safety, and Insurance. I'm sorry, I'm a bit late. We're
having a top secret briefing from Secretary Rice and Secretary
Rumsfeld on Iraq. And as you might guess, that ends up being a
pretty engaging hearing. But, I wanted to get here and start
this.
We may have a vote, I understand in the midst of
everything. We're going to try to figure a way to keep this
working as a tag team, here with my colleague, Ranking Member
of the Subcommittee, Senator Pryor, to keep it moving so that
you all don't have to stand down and wait until we get back in
force. So, we'll try to keep the hearing moving forward.
Today at this hearing, we're going to examine the issue of
swimming pool and spa safety, hoping to understand a more
prudent means toward ensuring that everyone safely and
responsibly enjoys pools and spas.
I thank my good colleague and Ranking Member of the
Subcommittee, Senator Pryor, for attending and helping promote
greater awareness of the pertinent issues surrounding pool and
spa safety. I thank you for helping me to examine all the
issues that come before this Subcommittee, many of which you
instigate and are good ideas. We work very well together.
Again, we're coming together on an issue that's of concern to
many people and I very much also appreciate and thank our
witnesses, all of you, for being here and your willingness to
discuss some sensitive and sometimes obviously, emotionally
devastating topics.
Potential mishaps and tragedies, obviously, can result from
using pools and spas. We use the term spas like hot tubs,
others use the term hot tubs. But each of our witnesses will be
able to discuss particular aspects of this area of inquiry and
hopefully lead us to a more complete understanding of how to
maintain and improve pool safety and spa safety, as well. And I
appreciate the time that you have taken to prepare your
testimonies, some of them heartfelt, and to come before the
Subcommittee this afternoon.
In my view, consumer awareness and education are the proper
precautions and responsible approaches here, so that people do
understand how you can better use swimming pools. Some people
just look at them as places to swim, but there are some
dangers, clearly. And as we are heading into the summer, the
warmer late spring, summer months, this is more important than
ever.
In fact, just the fact that we're having this hearing. I
was talking to one of the women who work on the floor of the
Senate and she said, gosh, I read USA Today and my gosh, I have
young children. The heart wrenching story, she's concerned
about it. Some other person said, gosh, I was watching Larry
King Live and saw some of these stories. And so, there's a
great deal of interest and a lot of it, regarding what will
come from this hearing, particularly in terms of information,
education, and proper precautions. When you and your child go
swimming, and this is what most parents would think, this is
going to be a fun adventure. You do worry about drowning or
somebody hitting their head, but you would never think of the
drains necessarily, until all of this has come up as a danger.
We need to make sure that we understand the best practices
for protecting any child from inadvertent injury or even death,
which is an awful, terrible death if caught up in a drain. And
it should be a fun experience, but the reality is, in studying
this issue as we were preparing for this hearing, pool deaths
or accidental injury related death from drownings is the second
leading cause of death in this country for children ages one to
four. Automobile wrecks are number one.
A parent or an adult supervising is obviously of paramount
importance in preventing injuries and death. And while most
parents and adults are going to do whatever is reasonably
prudent, so to speak, to watch their children, to supervise
their children around pools and spas, still, even when
attentive parents and adults are around, these accidents can
unfortunately happen.
We should be able, I believe, to come together for good
reasonable solutions to try to avoid the devastating effects
that result from a drowning or water-related injury.
Today, we hope to gain knowledge of the proper balance
between enjoyment and safety when it comes to the use, the
design, construction, and maintenance of swimming pools, and
spas, or hot tubs. A general review of pool safety before
heading into the summer, as more and more families are
preparing for their time outdoors and in the sun, is an
initiative that hopefully, will lead to a reduction of injuries
and deaths. Swimming should be an activity that people are able
to enjoy.
And our intent here today, is to listen to our witnesses,
hear their constructive ideas, hoping to hear various
perspectives on how to avert harm and improve safety for all
pool and spa related activities. We hope that our witnesses
will offer possible suggestions for improving pool and spa
safety as well. Now, we look forward to hearing from each of
our witnesses on the prudence of Federal involvement in
addressing pool safety as well as ways beyond this hearing for
improving consumer awareness of pool and spa safety measures.
This is an emotional hearing to hold and all involved are
to be commended for their participation and consideration of
proposals on how to ensure our spas and pools are safe
facilities for recreation. We have the opportunity today to
examine pool safety. I believe this is actually the first
Senate hearing on this subject, as far as I know. The first
hearing in the Senate of its kind to collaborate and share with
one another all available options toward alleviating and
preventing the heartbreaking and heart-wrenching pain that is
caused when a loved one is injured or loses his or her life in
a pool accident.
And so, I feel very strongly that education on these
matters is a step in the right direction. We've already said--
I've heard comments on it. I don't know my Ranking Member or
whether or not--is Congresswoman Debbie Wasserman Schultz
somewhere in the audience? She may be coming over. She's to be
commended for her leadership on the House side on this issue
and whatever may move forward as we consider the evidence and
testimony presented before us today. Everyone's comments will
certainly be taken into account.
And with that, Senator Pryor, would you like to make any
comments before I introduce the witnesses?
STATEMENT OF HON. MARK PRYOR,
U.S. SENATOR FROM ARKANSAS
Senator Pryor. Thank you, Mr. Chairman. And I do believe
the House is in a series of roll call votes right now, so
hopefully the Congresswoman will come over as soon as she has a
chance.
This is an issue that's near and dear to my heart, because
I have two children that are prime swimming pool age--age 10
and 12. And obviously, that's one of their all time favorite
activities. They love to swim and spend a lot of time in the
swimming pool every summer.
As the Chairman said a few minutes ago, we recognize this
is the second leading cause of preventable child deaths and we
need to underline that word preventable. That's one of the
things that makes this so heart breaking when you hear these
stories and by the way, I think we've heard three of these
stories in the last 48 hours, here in the U.S., that children
die in swimming pools. These accidents by and large, are very,
very preventable. And it makes it very, very painful, very
emotional for families to lose their children in this way.
I want to thank Safe Kids for the work they've done to
highlight this issue for parents. A big part of this is
parental education and to really talk about pool safety as part
of National Safe Kids Week. And I know that Johnson & Johnson
and others have come forward to try to help in this effort.
So, I appreciate them and I want to thank all the witnesses
for being here. I know that particularly for Ms. Baker, this is
going to be painful and emotional. But we want to thank you,
all of the witnesses specifically, for coming. And I want to
thank the Chairman here. He's been very, very cooperative on
this and other issues. And Chairman Allen has done a great job
in trying to promote this issue and a lot other consumer issues
through this Subcommittee. And so, I just want to thank you and
acknowledge all the hard work that you've done on this and many
other issues.
So, I look forward to hearing from the witnesses. I
understand we're going to have a vote at some point, here in
the next little bit. I'm not sure quite what the schedule is,
but we'll work through that. Thank you.
Senator Allen. Thank you, Senator Pryor. All of us who have
children, I was just listening to the stories and I have
children from 8 to 17 and they go over to their swimming pools,
and they go over to their cousins' where they have a hot tub,
and all of that. And you hear these stories and you think,
gosh, what seems like such an innocent fun event, splashing
around, can be something that's deadly.
With that, Senator McCain has joined us. And Senator
McCain, would you like to make any opening statement?
STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
Senator McCain. There's very little I can add to your and
Senator Pryor's very thoughtful remarks. I noticed with some
interest that the drowning was the leading cause of accidental
death in and around the home for children under the age of five
in California, Arizona, and Florida. So I think this is a
timely and important hearing.
Ms. Baker, our prayers go out to you and all families for
whom you speak and I thank you for your dedicated effort on
behalf of this issue. And I hope we can act effectively and
quickly. Thank you, Mr. Chairman.
Senator Allen. Thank you, Senator McCain. We very much
appreciate you joining this hearing. I'm going to introduce the
first panel of one, and then introduce the second panel when
they come forward. Before we listen to the testimony, Ms.
Elder, I would like to introduce our first panelist.
This is Ms. Jacqueline Elder, who has previously testified
in front of our Subcommittee. She is the Assistant Executive
Director for Hazard Identification and Reduction at the
Consumer Product Safety Commission. She has a great deal of
technical knowledge in the area of pool and spa safety arising
from her time spent in a leadership role on this issue at the
CPSC.
Her division at the Consumer Product Safety Commission also
compiles many of the statistics that we've been talking about
concerning and regarding pool safety, including injury and
death data. So, she'll be able to give us a better idea of the
breadth and the extent of the challenges we face in addressing
pool and spa safety.
We're glad you agreed to testify today, Ms. Elder, and we
look forward to your testimony. Welcome back and you may begin.
STATEMENT OF JACQUELINE ELDER, ASSISTANT EXECUTIVE DIRECTOR,
HAZARD IDENTIFICATION AND REDUCTION, CONSUMER PRODUCT SAFETY
COMMISSION
Ms. Elder. Thank you, Mr. Chairman, and good afternoon. I
am pleased to have this opportunity to come before your
Subcommittee today. The U.S. Consumer Product Safety Commission
or CPSC, is a bipartisan independent agency charged with
protecting the public from unreasonable risks of serious injury
or death from more than 15,000 types of consumer products.
We are proud of our mission and our achievements, and we
appreciate the support that Congress has extended to the agency
and to its goals over the years.
Today's hearing is on the very important subject of pool
safety. CPSC estimates that every year, more than 200 children
under 5 years of age drown in swimming pools and more than
2,000 children under 5 visit hospital emergency rooms after
submersion in pools.
Several years ago, CPSC conducted an extensive study of
swimming pool incidents in selected states where home pools are
very popular and in use during much of the year. The findings
from that study are instructive.
Most of the victims were being supervised by one or both
parents when the submersion occurred. Almost 70 percent of the
child victims were last seen in the house or nearby on a porch
or in the yard just before the pool incident occurred. The
speed with which swimming pool drownings can occur is
devastating. A child can drown in the time that it takes to
answer a phone. Seventy-seven percent of the swimming pool
victims had been missing for 5 minutes or less when they were
found submerged.
Swimming pool drownings of young children have another
particularly insidious feature in that these deaths are silent.
It is unlikely that splashing or screaming will occur to alert
a parent or caregiver that a child is in trouble. While we
underscore that there is no substitute for diligent
supervision, CPSC recommends multiple layers of protection to
guard against pool drownings. Constructing and maintaining pool
safety barriers to prevent young children from gaining access
to pools is an essential first step, though not the only step,
that every pool owner must take. The Consumer Product Safety
Commission has issued a publication with safety barrier
guidelines for home pool owners, and I would like to submit
this publication to the Committee for the record.
Senator Allen. It'll be made part of the record. *
---------------------------------------------------------------------------
* The information referred to has been retained in Committee files
and can be obtained at http://www.cpsc.gov/CPSCPUB/PUBS/Pool.pdf.
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Ms. Elder. Thank you. Drowning hazards related to spas, hot
tubs, and whirlpools are also an area of concern to our agency.
For 2002, CPSC has reports of nine children under the age of
five who drowned in a spa or hot tub. One area of special
concern regarding both spas and pools is deaths resulting from
body entrapment or hair entanglement. CPSC is aware of 74 cases
of body entrapment, including 13 deaths between 1990 and 2004.
These deaths were the result of drowning after the body was
held against a drain by the suction of the circulation pump. In
that same time period, CPSC is aware of 43 incidents of hair
entanglement in drain grates. Twelve of these incidents
resulted in drownings.
CPSC's publication, ``Guidelines for Entrapment Hazards:
Making Pools and Spas Safer,'' provides important safety
information that can be used to identify and eliminate
dangerous entrapment hazards. We'd also like to submit a copy
of that publication for the record.
Senator Allen. Thank you. It will be made part of the
record. *
---------------------------------------------------------------------------
* The information referred to has been retained in Committee files
and can be obtained at http://www.cpsc.gov/CPSCPUB/PUBS/363.pdf.
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Ms. Elder. Thank you. Last year, CPSC's annual
comprehensive national pool safety campaign focused on pool
drain entrapment hazards. As part of this information and
education drive, CPSC's Chairman participated in a widely
covered media event at a local pool to emphasize our message of
providing layers of protection to prevent entrapments and child
drownings.
Another development last year was the identification of an
emerging hazard with inflatable pools. These are relatively new
products that sell inexpensively at retail outlets and hold
large volumes of water. They often fall outside of local
building code requirements and are often set up in backyards
without consideration to appropriate barriers.
CPSC is working with the voluntary standards organization,
ASTM International, and committees have been established to
focus on structural integrity, access and barriers,
entrapments, electrocution, and warnings with regard to
inflatable pools. Because of new technologies and new products,
pool safety standards work is never a completed project, but
rather, it is always an ongoing effort to assure the highest
level of safety for America's families.
CPSC will continue to work aggressively to reduce these
deaths and injuries by working with safety standards
organizations, state and local code officials, consumer groups,
and other concerned parties and by conducting comprehensive
education and public awareness campaigns. In fact, on May 17th,
we will be launching our 2006 public awareness and education
campaign, this year focused on hazards associated with
inflatable pools. We appreciate the Committee raising awareness
of this critical issue, and I am pleased to answer any
questions that the Senators may have. Thank you.
[The prepared statement of Ms. Elder follows:]
Prepared Statement of Jacqueline Elder, Assistant Executive Director,
Hazard Identification and Reduction, Consumer Product Safety Commission
Thank you, Mr. Chairman, and good morning. I am pleased to have
this opportunity to come before your Subcommittee today. I am the
Assistant Executive Director for Hazard Identification and Reduction at
the U.S. Consumer Product Safety Commission or CPSC. The CPSC is a
bipartisan, independent agency charged with protecting the public from
unreasonable risks of serious injury or death from more than 15,000
types of consumer products under the agency's jurisdiction.
Since its inception in 1973, CPSC has delivered critical safety
benefits to America's families and has made a significant contribution
to the 30 percent decline in the rate of deaths and injuries related to
hazardous consumer products. We are proud of our mission and our
achievements, and we appreciate the support that Congress has extended
to the agency and to its goals over the years.
In my role at CPSC, I oversee the technical work of the agency
within the directorates for Epidemiology, Engineering Sciences,
Economic Analysis, Health Sciences and Laboratory Sciences. My office
is responsible for the collection and analysis of death and injury data
concerning consumer products which include swimming pools and related
products such as hot tubs, whirlpools, and spas and related accessories
as varied as pool slides, drains and alarm systems.
CPSC estimates that every year over 200 children under 5 years of
age drown in swimming pools and more than 2,000 children under 5 visit
hospital emergency rooms after submersion in pools.
Several years ago, CPSC conducted an extensive study of swimming
pool incidents, both drownings and non-fatal submersions, in selected
communities in the states of California, Arizona and Florida where home
pools are very popular and in use during much of the year. In those
three states, drowning was the leading cause of accidental death in and
around the home for children under the age of five. The findings from
that study are instructive.
Most of the victims were being supervised by one or both parents
when the submersion occurred. Almost 70 percent of the child victims
were last seen in the house or nearby on a porch or in the yard just
before the pool incident occurred. A full 98 percent of the incidents
occurred in a pool owned by the victim's family or friends with only 2
percent of the incidents involving children trespassing onto property
where they didn't live or where they didn't belong.
The speed with which swimming pool drownings can occur is
devastating. A child can drown in the time that it takes to answer a
phone. Seventy-seven percent of the swimming pool victims had been
missing for five minutes or less when they were found. Anyone who has
cared for a toddler knows how fast young children can move. Toddlers
are inquisitive and impulsive and lack a realistic sense of danger.
These behaviors, coupled with a child's ability to move quickly and
unpredictably, make swimming pools particularly hazardous for
households with young children.
Swimming pool drownings of young children have another particularly
insidious feature in that these deaths are silent. It is unlikely that
splashing or screaming will occur to alert a parent or caregiver that a
child is in trouble.
While we underscore that there is no substitute for diligent
supervision, CPSC recommends multiple layers of protection to guard
against pool drownings. Constructing and maintaining safety barriers to
prevent young children from gaining access to pools is an essential
first step that every pool owner must take. The Consumer Product Safety
Commission has issued a publication with safety barrier guidelines for
home pool owners that addresses fencing, gates, and doors leading to
the pool, as well as other special requirements for above-ground pools.
I would like to submit this publication on safety barriers to the
Committee for the record.
In addition to these various types of barriers, CPSC also
recommends additional layers of protection such as safety covers and
pool alarms. For pool alarms, CPSC advises that consumers use remote
alarm receivers so that the alarm can be heard inside the house or in
other places that are outside of hearing range from the pool.
Drowning hazards related to spas, hot tubs and whirlpools are also
an area of concern to our agency. In 2002, CPSC has reports of nine
children under the age of five who drowned in a spa or hot tub. CPSC
recommends that consumers use barriers, including a locked safety
cover, whenever the spa is not in use and keep children away unless
there is constant adult supervision.
One area of special concern regarding both spas and pools is deaths
resulting from body entrapment or hair entanglement. CPSC is aware of
74 cases of body entrapment, including 13 deaths between 1990 and 2004.
These deaths were the result of drowning after the body, or a limb, was
held against a drain by the suction of the circulation pump. CPSC is
also aware of 43 incidents of hair entanglement in pools, spas and hot
tubs between 1990 and 2004. Twelve of these incidents resulted in
drowning deaths as a result of hair becoming entangled in drain grates.
CPSC's publication ``Guidelines for Entrapment Hazards: Making
Pools and Spas Safer'' provides safety information that can be used to
identify and eliminate dangerous entrapment hazards in swimming pools,
spas and hot tubs. After initially publishing the guidelines in 1998,
CPSC received feedback from code officials and pool operators across
the country who had applied them in practice. As a result of this
feedback, as well as the development of new technologies and product
safety standards, CPSC initiated a project in 2003 to update the
guidelines based on the information we received from the experiences of
these professionals. In 2005, CPSC published the updated guidelines,
and I would like to submit a copy of that publication for the record.
The approach taken in the guidelines is to present various options to
attain ``layers of protection'' and to strongly encourage owners and
builders to construct, renovate and maintain pools that are as safe as
possible for the families who enjoy them.
Also in 2005, CPSC's annual comprehensive national safety campaign
focused on pool drain entrapment hazards. As part of this information
and education drive, CPSC's Chairman participated in a widely covered
media event at a local pool to emphasize our message of providing
layers of protection to prevent young children from drowning. The event
demonstrated a drain entrapment scenario and included live
demonstrations of pool alarms. Additionally, as part of this public
awareness and education campaign, CPSC field staff made contacts
nationwide with state and local pool inspectors, pool contractors and
licensing bureau officials to help disseminate our pool safety message.
Another development last year was the identification of an emerging
hazard with inflatable pools. In June, CPSC staff cosponsored a meeting
with ASTM, a voluntary standards organization, and invited a wide
variety of interested parties involved in inflatable pool safety. These
are relatively new products that sell inexpensively at retail outlets
and hold large volumes of water. They often fall outside of local
building code requirements and are often set up in backyards without
consideration to appropriate barriers. An ASTM organizational meeting
was held last December at CPSC headquarters in Maryland, and working
committees were established on areas such as structural integrity,
access and barriers, entrapment, electrocution, and warnings.
Since then, CPSC staff has continued its work to address hazards
associated with swimming pools and spas. CPSC staff continues to work
with safety standard organizations in developing and strengthening
voluntary safety standards for such pool related products as alarms,
drain covers and suction vacuum release systems. Because of new
technologies and new products, pool safety standards work is never a
completed project, but rather it is always an ongoing effort to assure
the highest level of safety for America's families.
CPSC is a small agency, and working with state and local
authorities and concerned citizens is an integral part of CPSC's effort
to amplify our message on drowning hazards. In 2004, the Commission
held public field hearings on pool safety in Tampa, Florida, and
Phoenix, Arizona, to gather information firsthand and to raise
awareness of the drowning hazard in the United States. CPSC invited
state and local legislators, building code officials, emergency first
responders, community groups and others to testify. The information
presented at those hearings by the public and local authorities has
been extremely helpful to the agency's work on this issue.
CPSC will continue to work aggressively to reduce these deaths and
injuries by working with safety standards organizations, state and
local code officials, consumer groups and other concerned parties and
by conducting comprehensive education and public awareness campaigns.
In fact, on May 17th, we will be launching our 2006 public awareness
and education campaign, this year focused on hazards associated with
inflatable pools. We appreciate the Committee raising awareness of this
critical issue, and I am pleased to answer any questions that the
Senator may have. Thank you.
Senator Allen. Thank you, Ms. Elder, for your testimony.
Let me follow up with some questions and Senator Pryor
undoubtably, will have some questions of you as well. In a
Commission publication, Safety Barrier Guidelines for Home
Pools, it states that 77 percent of the swimming pool accident
victims have been missing for less than 5 minutes. You
testified for that or less, when they are found in the pool
drowned or submerged. Are there any products, and while you can
identify all the stats, and data, and so forth, are there any
products recommended to alert adults of a child's entering, or
are there some better suited approaches to reduce this lag
time, or any sort of devices, products, systems that you all
would recommend to make pools safer?
Ms. Elder. Yes. We look at it and recommend layers of
protection to overcome what we see as usually a short lapse in
supervision and to buy time, so that the child can be
discovered before they enter the pool. First and foremost, we
recommend a barrier completely surrounding the pool, and it's
important that that barrier restrict access from the home to
the pool, since many of the children were last seen in the
home. If it's not possible to have a fence completely
surrounding the pool, then we recommend alarms on doors that
lead directly from the house to the pool or that there be a
power safety cover on the pool. We also recommend pool alarms
or in-water alarms as an additional layer of protection.
Senator Allen. Have you recommended those in particular for
new pools or retrofitting for existing pools?
Ms. Elder. We recommend a barrier completely surrounding
the pool for all pools. And pool alarms we recommend also, for
all pools as an additional layer of protection.
Senator Allen. How easy is that? Well, is putting a fence--
it depends on the configuration of a home. But insofar as
alarms and so forth, would you have a different standard for a
commercial facility versus a residential?
Ms. Elder. Our focus has been on residential pools----
Senator Allen. OK.
Ms. Elder.--and drownings of children under the age of
five.
Senator Allen. Are you aware whether there's uniformity in
the states, as Senator McCain mentioned Arizona, obviously the
states that have the most pools are going to be those such as
California, and Florida, Texas, Arizona, those states that have
a lot of pools. I'm sure there's a pool or two in Alaska.
Probably a hot tub. But something like a whirlpool as you
called them, but do you see that the states are following these
guidelines and these recommendations?
Ms. Elder. There are widely varying requirements in the
states, and I think some states--a very few states, have state
legislation regarding pool safety. For others, it's handled at
the county or local level and it varies throughout the country.
Senator Allen. Let me ask you, one thing that has come up
is devices that are called safety vacuum release systems,
otherwise known as SVRSs. I note that your guidelines do not
specifically endorse these safety vacuum release systems. I
understand that they work when the suction from the bottom
drain of a pool is so strong, and maybe the cover is off or for
whatever reason not attached, or it's broken off. Say a kid
going down to get goggles down by the drain or you know like
kids jumping in or somebody's throwing a penny in to see if
they are going to get it and they go down there, and the
suction is so great on the drain. And these safety vacuum
release systems would have a sensor on them, that if something
is pulled in by the drain--whether it's clothing, or whether
it's hair, or whether it's an arm, a leg, or a foot that it
would stop the suction. Now two things here. One, you for
whatever reason, do not specifically recommend SVRSs and I
would like to know why they are not recommended devices in your
guidelines? I think that some of our witnesses are going to
testify to the effectiveness of such devices. And beyond that,
I also understand that as a practical matter and this would be
for pools going forward, that if you have the skimmers on the
side and you put those--I don't know what they call them. They
call them all sorts of different names, but there's a tube on
them and you use the cleaning of the bottom with one of the
whirlybirds or whatever they call all these things, sharks or
something like this. At any rate, then you end up cleaning the
bottom anyway and you still get the circulation of the water
that way, but you don't have the drain. This would be on cement
pools as opposed to vinyl liner pools. But insofar as the
concrete pools, why do you not recommend at least for those
that are built in the future, recognizing that it would be
fairly difficult to retrofit or maybe it would still be
worthwhile, but at least for pools that are being constructed
from henceforth, why would you not recommend a safety vacuum
release system?
Ms. Elder. In our----
Senator Allen. And I'm not saying you, it's the whole
Commission, don't take it personal.
Ms. Elder. Well actually, in our guidelines for preventing
entrapment hazards, we do recommend extensive use of SVRS type
systems. We believe that there is no single solution to
addressing the entrapment hazard. And again, we recommend
layers of protection. For older construction where it's not
possible to rework the system so that you would have multiple
drains, we recommend that SVRS or equivalent technology be
used. For wading pools, for public wading pools, even if they
have multiple drains, we do recommend also that SVRS be used
since the drain is so accessible to young children.
For new construction, we believe there are designs that can
basically eliminate the entrapment hazard, and so in that
situation, we recommend consideration of using an SVRS as an
additional layer of prevention--especially if it's been tested
to prove that it reduces entrapment. We also recommend that the
appropriate drain covers be used to address body entrapment and
hair entanglement. So we have quite extensive recommendations
within our guidelines for the suction vacuum release technology
or equipment types of technology that would serve the same
purpose.
Senator Allen. Do you specifically endorse these devices
that shut off suction or vacuum force of the pool drains in
case of entrapment? You're saying that you do endorse that as
one of the layers or a different options.
Ms. Elder. We recommend them as one of the layers of
protection.
Senator Allen. Why do you believe that the states have not
acted because the building codes are primarily state codes
which are administered by the localities, the local building
officials in whatever county or city in which this construction
is taking place, why do you think that the states have not
acted in this regard?
Ms. Elder. With regard to suction entrapment, I believe----
Senator Allen. And not just for--yes, OK. For suction
entrapment.
Ms. Elder. I can start there and then----
Senator Allen. Right.
Ms. Elder.--I'll go back, but I think particularly with
suction entrapment, it's a very hidden hazard and there isn't
wide awareness of it. And I really do appreciate the efforts
that are going on with Safe Kids and Ms. Baker to bring
awareness to this issue, because I do think that one of the
reasons that it's not been addressed is that it is such a
hidden hazard and there isn't awareness out there.
With barriers and the child drowning issue, I believe in
the states, and particularly in the Sunbelt states, where there
are a large number of pools and a large number of child
drownings, we are now starting to see that coming into the
codes in those states. But still, I believe it's a matter of
education and awareness of the problem.
Senator Allen. Well, that's one of the purposes of this
hearing, to raise awareness. And I thank you. Senator Pryor, do
you have any questions?
Senator Pryor. I do, thank you. When I look at this problem
just in the abstract, I think of just tens of hundreds of
thousands of pools out there and it's kind of hard to get a
handle on how you should do--how we should do the public
education and parental education on this.
However, I do think that there's a natural network out
there and that would be the manufacturers obviously, in
addition to the pool service technicians, the contractors, and
the inspectors. They would seem to be able to get to the pool
owner and educate them with material, or with information, or
whatever it may be. Tell me--have you had any success in a
targeted approach toward dissemination of public information
like that?
Ms. Elder. We have, for a number of years, done information
education campaigns in this area. Both very broadly and in a
targeted way and working with the industry and other interested
parties to alert people to the issue and the hazard, as have
many local jurisdictions and local--for example, medical
personnel and firefighter personnel.
Senator Pryor. Let me also ask about this relatively new
phenomenon of the so called inflatable pool or the--I guess,
they're more temporary type pools. I don't know a whole lot
about them. But, I know with pools that are built in so to
speak, you talk about safety barriers which as I understand it,
it might be fencing, et cetera. What about these more
inflatable, these more temporary type pools--what are your
recommendations there?
Ms. Elder. This is a difficult issue because they do have a
substantial amount of water in them that definitely presents a
hazard, and I think that people don't, because they're
relatively inexpensive and sold to retail stores, people don't
think about barriers with these pools and that's one of the
reasons we're working with the interested parties to develop
voluntary standards for this product. There is going to be a
meeting at our headquarters on Tuesday, May 23rd, to look at
what the task groups have come up with on this issue. We're
looking at ways of possibly making the sides more of a barrier
than they are now. Right now, they are very flexible and it's
easy for children to fall in.
Senator Pryor. OK.
Ms. Elder. It is something that's being looked at now and a
difficult issue to address.
Senator Pryor. And I'm so glad that Senator Allen, a few
moments ago, asked about SVRS because I had a question there
too. But as I understand your guidelines or recommendations, as
I understand it unless I'm wrong, I think what you're talking
about right now is voluntary guidelines or voluntary things. Is
there a reason why something like safer drain covers shouldn't
be mandated?
Ms. Elder. What we have done is made voluntary guidelines
available to those parties that are interested. I think that we
were very hopeful that the states would pick up these
guidelines and use them as they're developing legislation.
We've seen that work with other guidelines that we have in the
area of playground safety, where they've been adopted by the
states as mandatory requirements.
Senator Pryor. Are you familiar with Congresswoman
Wasserman Schultz's legislation in the House?
Ms. Elder. Yes, I am.
Senator Pryor. Do you have any comments on that?
Ms. Elder. I don't. I really can't comment on that. That
would be something that would be for our Commissioners to
comment on.
Senator Pryor. OK. And the last thing I had is when you
look at the statistics, as I understand what you said a few
moments ago and in your written testimony, I believe you said,
that there is some under-reporting of these type of incidents.
Do you have a sense of how much under reporting there is and
what the real numbers might be?
Ms. Elder. With the overall child drowning incidents, we
feel that our estimates are fairly accurate in that area. With
regard to suction entrapment, we have a minimum count of the
number of incidents that we're aware of. So, there may be some
under reporting there. But, we've been very concerned about
this issue for quite some time. And we've made a concerted
effort to reach out across the country to learn about these
issues. We've asked our field investigators to focus on it.
We've asked our news clipping services throughout the country
to look, and we've asked people in the public health community,
and the medical community, and industry to report to us
whenever they learn of a case regarding a suction entrapment.
Senator Pryor. Thank you.
Senator Allen. OK. We--a vote just started at 3:20.
Senator Pryor. So, do you want me to run and do that?
Senator Allen. If you want to run and do it. And when you
get back, you can take over as Chair.
Senator Pryor. Perfect. I'll be right back.
Senator Allen. Thank you. Let me ask Ms. Elder a few
follow-up questions. You all seem to--or the Commission seems
to place a heavy emphasis on the dual drain approach as a way
of mitigating the dangerous suction force levels, is it your
view or the view of the Commission, that dual drains by
themselves are sufficient to mitigate the threat of entrapment
drownings without a SVRS or other safety device?
Ms. Elder. We do believe that information that we have
indicates that dual drains can be an effective way of
addressing the entrapment hazard.
Senator Allen. Even without one of the suction--without a
suction cutoff device?
Ms. Elder. We recommend consideration of an SVRS device
when there are dual drains.
Senator Allen. Even when there are dual drains?
Ms. Elder. Yes.
Senator Allen. OK, good. I wanted to get that. The final
thing is that, you know it's not as if the only people who care
about children are those in the Federal Government and we're
having a hearing, first one of the Senate. The reason we're
having this hearing is apparently that, for whatever reasons
and maybe it's a lack of knowledge, lack of education, and I
think this is very timely of course. Probably before we get
into the swimming season, that some states have and some states
haven't put in these codes. Does your Commission, as a
practical matter, have jurisdiction to have a standard to
mandate these safety devices on pools and spas, whether it's
safe drain covers, safety vacuum release systems, the fencing,
thereby bypassing the need to get it done at the state level.
And in other words, can the CPSC convert the pool and spa
entrapment guidelines into a mandatory requirement?
Ms. Elder. We would have to look at that. We have very
strict findings that we have to make before we can issue a
mandatory standard. So, we would need to look carefully at that
and our authority to act in that area.
Senator Allen. And then I understand you're going to step
up, at least in education process, before we get toward
Memorial Day and Independence Day. Is that correct?
Ms. Elder. Yes. We are going to announce our campaign on
May 17th in the pool safety area.
Senator Allen. OK. Thank you, Ms. Elder.
Ms. Elder. Thank you.
Senator Allen. I very much appreciate your testimony and
your guidance, as well as your willingness to appear and
prepare for us today. Thank you.
Ms. Elder. Thank you.
Senator Allen. I would like to have now, after Ms. Elder
leaves the bench, if we could have the second panel please come
forward. It will be Ms. Baker, Mr. Laven, and Mr. Korn.
While our witnesses are getting ready, I understand that
Congresswoman Wasserman Schultz is in the room somewhere. I've
been--well, there you are, back there. Thank you. I want--I
said it in your in absentia--let me say it with you here. Thank
you for your leadership on pool safety in the House and your
work also before then in the legislature for the State of
Florida, in helping pass Florida's Residential Swimming Pool
Safety Act. And I understand you're going to be introducing a
measure, if you haven't already, in the House. Excuse me?
Ms. Wasserman Schultz. Next Tuesday.
Senator Allen. Next Tuesday. All right, that's good to
know. We're holding a hearing here and we're gathering evidence
and information, so that we can make an informed judgment as to
what would be appropriate action, whether by the Federal
agencies or by the Senate as well. As I understand yours is an
incentive-based program to encourage the states to adopt such
laws. Being one who doesn't like dictates and mandates, an
incentive approach is one that philosophically is more
consistent with my principles and I thank you, Congresswoman,
for you great leadership here. And if you'd--we're bound to be
able to find a chair for you, if you don't want to keep
standing.
Ms. Wasserman Schultz. (Off microphone.)
Senator Allen. Thank you. All right, our second panel,
we're going to hear from them. First is Nancy Baker, a mother
who's come today to relate her personal story about the loss of
her daughter in a spa suction entrapment accident.
And Ms. Baker, I know that you've become an outspoken
advocate for increased pool and spa safety and it's an issue
obviously, close to your heart and it touches the hearts of all
parents across America. And we're grateful that you've agreed
to testify and you're testifying for your daughter as well, and
for parents all across America. So, I really believe you're
going to help us all understand much better, the issues and
dangers associated with--whatever you want to call them,
whirlpools, swimming pools, or spas. And we hope to strengthen,
one way or another, the safety so that future accidents and
deaths will be avoided.
Next, we'll then hear from Mr. Mark Laven who is the
President of Latham Plastics, a company that manufactures
fiberglass and vinyl line pools. He's testifying on behalf of
The Association of Pool and Spa Professionals, a trade
association representing many companies and individuals in the
pool and spa industry. Mr. Laven's business expertise as well
as his knowledge of the most appropriate method for
constructing safer pools and spas will be, I think, very
helpful to us in understanding what's the best and most
appropriate way to proceed.
And we thank Mr. Laven, for coming here. We understand that
you flew down from Latham, New York and we appreciate you being
here.
And finally, we'll hear from Alan Korn, a familiar face
here on Capitol Hill and someone who has pioneered safety
advocacy for Safe Kids, not just here, but worldwide. Mr. Korn
is--as Director of the Public Policy and as General Counsel for
Safe Kids, with the backing of his organization, has made it a
goal to prevent accidental childhood injury.
In the context of pool and spa safety, Safe Kids Worldwide
has declared this National Safe Kids Week, as well. Your
leadership, Mr. Korn, on this issue and the desire to inform
all consumers of the best means toward making their favorite--
or at least one of their favorite summertime activities as safe
as possible, is commendable. And we thank you for coming and we
look forward to hearing from your testimony.
We're going to first hear from Ms. Baker, and if you're
ready to proceed----
Ms. Baker. I am.
Senator Allen.--we'd like to hear from you, ma'am.
STATEMENT OF NANCY BAKER, POOL AND SPA SAFETY ADVOCATE
Ms. Baker. Thank you. Thank you. My name is Nancy Baker and
it is my pleasure to testify before the Senate Consumer
Affairs, Product Safety, and Insurance Subcommittee today. And
I thank you for allowing me to address the important topic of
pool and spa safety. Although it's a great privilege to be
given the opportunity to speak, I'm so very sorry for the
circumstances that have brought me here. I thank you, Chairman
Allen. I'm actually your constituent. I'm from Virginia. And I
also thank Senator Pryor, for holding this hearing.
In June of 2002, nearly four years ago, my seven-year-old
daughter, one of a set of twins, lost her life in a spa. Her
death has brought me here, with both a deep sense of regret and
a deep sense of duty to communicate to you how critical it is
for the Federal Government to intervene in a situation which is
costing this country literally hundreds of lives every year.
On a magnificent Saturday in June of 2002, I attended a
pool party with my five daughters. My three youngest children
entered the pool when we arrived. All of them had been swimming
unassisted for at least 4 years and had grown up with a pool in
their own back yard. I stood on the pool deck at this event,
providing what I then thought was sufficient supervision for my
children. At one point I realized that only two of mine were in
the water and after scanning the pool--the bottom, the sides,
the deck, I made an assumption that one, named Graeme, had gone
inside the home we were visiting. There were many people both
in and around the water, there was music, and food and
distraction. There was no lifeguard, nor any one person whose
sole job was to watch the water.
Moments later my 11-year-old daughter came running from one
end of that pool toward me, with terror and horror in her eyes.
And she told me that her sister Graeme was in the hot tub. I
ran to the edge of this tub and looking down, I saw nothing but
dark and bubbling water. She insisted that Graeme was there. I
jumped in, I put my head underwater and what I saw is beyond
what I can describe. Her eyes were pinched closed, her limbs
and hair were moving with the current of the water from the
jets on the side. I tried to pull her up and I pulled with all
of my strength, and in the confusion and panic, I could not
raise her up. I dove down, again and again, screaming for help
until finally I gave up and I ran to a grassy area adjacent to
the deck and I collapsed in agony.
Two parents pulled her out and they were rolling her from
side to side, and I could see this--attempting to provide CPR
to her. Finally, paramedics arrived and I was reassured that
Graeme's heart was beating and that there was hope. She was
flown to the hospital. And when I arrived there, I was taken
into a small room in the emergency department. Still wet,
wrapped in a blanket and I heard a voice say the impossible.
That my daughter, Graeme, was gone and that they had done
everything they could to revive her. And it was a moment that
ended many lives, as for me and my family there was one life
that we knew before her death and quite another that we have
lived since.
I was asked if I wanted to see her, and in truth, I was
almost too frightened to know how to answer that question. I
did, and I am grateful for those moments that I was able to
hold her, and rock her, and sing that lullaby, and say goodbye
and goodnight in a horribly painful way. I look to the day when
I am with her again.
Graeme died because she became entrapped, pinned underwater
on the drain of the spa she was playing in. Her body was held
there by hundreds of pounds--hundreds of pounds of suction
force. It took two adults to pull her off the drain. The force
so great that the cover of the drain, and it was attached
properly, cracked in half from moving her.
Over the days and months since her death I have come to
accept that she's gone. But I cannot however, accept the
circumstances that took her life. This spa had been serviced by
pool professionals the day before my daughter swam in it. It
was considered to be in working order. In fact, this spa posed
a tremendous hazard as do spas and pools around this country
today. There were voluntary guidelines issued by the CPSC that
were in place at that time, but none of the recommendations
that were outlined in those guidelines were in place in the spa
where she died. Nor were there local building codes which would
compel those safety measures to be installed. And because of
the voluntary nature of those guidelines this beautiful--I mean
beautiful, healthy, magnificent little girl found herself in
horror and panic, with her buttocks pinned at the bottom of
this spa, unable to come up for air. And I have since
discovered that this has been occurring for decades.
Safe Kids was e-mailed last night by a woman whose daughter
was entrapped and died in 1973 and she said she cannot believe
it's still going on. What is critical to realize is that in
these instances, the pools were in compliance with the local
building codes at the time. Therefore, I am here as a parent of
one of those victims to beg of you to please exert the
influence you have and insist that the codes within these
states be examined and written to require that certain measures
be taken to end these deadly accidents and that they are
consistent throughout this country. I'm out of time.
Senator Allen. You can take all the time you want, Ms.
Baker. Ignore these lights.
Ms. Baker. OK. I'm sorry. I don't have too much more.
Senator Allen. The rest of you may get 5 minutes, but Ms.
Baker takes all the time she wants.
Ms. Baker. I'm sorry. We face a situation in this country
where the pool and spa industry resists the layers of
protection that are needed to prevent entrapment. Furthermore,
the industry has undertaken intense lobbying efforts throughout
the United States urging that local building code officials not
adopt all these layers of protection modeled after the
International Building Codes.
I can provide you with articles in which certain
individuals and industry associations celebrate the defeat of
bills introduced on a state level intended to provide building
standards, which would ultimately safe lives. These standards
have been referred to as burdensome, yet the truth is there is
no greater burden, I can promise you, there is no greater
burden than the loss of a child.
My family and I applaud and fully support the legislation
that Congresswoman Debbie Wasserman Schultz is introducing in
the House of Representatives, as it is intended to provide
incentive for the states to provide safe building codes
consistent with the recommendations of the independent
International Building Codes.
Entrapment is a mechanical problem, it isn't an accident.
When a repairman comes to my home to work on my furnace or
appliance, there are explicit codes that he must follow in
order to leave that product working in a way that ensures the
safety of the people using it. And my sense is, that there is a
consistency throughout the United States in those standards.
When a pool is serviced, the codes which guide the work being
done leave pools and spas in dangerous conditions, leaving
people using them vulnerable to death and injury beyond the
protection against entrapment.
This legislation calls for four-sided barrier fencing
around pools, isolating the water from the entrances and exits
of the home protecting the children who live in that home. The
vast majority of drownings occur in backyard pools, usually due
to a momentary lapse of supervision, where a child slips out of
the house without a caregiver noticing. As conscientious and
responsible as all parents try to be, it is human nature to
have momentary distractions and we must, as a society, insist
that we put something between our children and the water to
prevent their access to a huge fascination for them--water.
One hundred children are dying every summer in pools and
spas. Approximately 1,500 children were treated in the
emergency rooms for near drownings in pools. The Federal
expense in providing financial incentives to the states to
adopt safe building codes must be weighed against the medical
cost of providing care to an individual who sustains permanent
neurological damage due to a near drowning and a lifetime of
medical care. And that's just the beginning. There is no value
you can assign to the emotional toll of drowning.
In closing, it gives me great hope that this hearing is
being held today. From a personal perspective, it's healing to
sense that from a loss that has taken such a tremendous toll on
all of my family that the possibility exists that some good may
come from a senseless and utterly preventable death.
I have faith that my angel, Graeme, is helping to urge us
along. I am certain that she gives me the strength to go on
without her, but always on behalf of her and the others whose
lives were cut short in this horrendous way. Those children
knew that something was terribly, terribly wrong as they died.
We all have a responsibility now to take that knowledge of
what's gone so wrong and use the technology currently available
and not merely suggest it or recommend it, but rather demand
that solutions be implemented to prevent further loss of life.
There may be cost associated with these changes. But I can
assure you, that whatever the cost in dollars and cents, it
cannot possibly compare with the cost of losing the most
precious and treasured person in our lives--our children.
This experience leaves you physically, emotionally and even
for a time, spiritually bankrupt and it is a very very long
process toward becoming an intact human being again. Please, if
you will, help me to prevent others from ever having to know
this journey of grief. It is like no other. I would consider it
a privilege to be a partner in those efforts. The work and
commitment of Safe Kids, of Congresswoman Schultz, and of the
CPSC has been an inspiration to me. As well and always, I too
am inspired by the goodness and spirit of this child named
Graeme and her loving and supportive sisters, my daughters.
Thank you so very much for the opportunity to testify. I'm
so sorry, I've run over. I do so hope that I have been able to
convey to you the importance of your time and energy in
examining pool and spa safety. Thank you.
[The prepared statement of Ms. Baker follows:]
Prepared Statement of Nancy Baker, Pool and Spa Safety Advocate
My name is Nancy Baker. It is my pleasure to testify before the
Senate Consumer Affairs, Product Safety, and Insurance Subcommittee
today and I thank you for allowing me to address the important topic of
pool and spa safety. Although it is a great privilege to be given the
opportunity to speak, I am so very sorry for the circumstances that
have brought me here. In June of 2002, nearly four years ago, my seven-
year-old daughter--one of a set of twins--lost her life in a spa. Her
death has brought me here, with both a deep sense of regret and a deep
sense of duty to communicate to you how critical it is for the Federal
Government to intervene in a situation which is costing this country
hundreds of young lives each and every year. And it is a fact that the
vast majority of deaths in pools and spas are preventable. I have come
here to impress upon you the enormous cost of losing a child to
drowning and to plead with you to give thoughtful consideration to what
the government must do to assist in reducing the number of lives lost
in drowning accidents.
On a magnificent Saturday afternoon I attended a pool party with my
five daughters, being held in honor of a large group of soon to be high
school graduates. My oldest child was one of them. My three youngest
children entered the pool when we arrived. All of them had been
swimming unassisted for at least four years, were members of our
neighborhood swim and dive team and had grown up with a pool in their
own back yard. I stood on the pool deck at this event, providing what I
then thought was sufficient supervision for my children. At one point I
realized that only two of mine were in the water and after scanning the
pool--made an assumption that one, named Graeme, had gone inside the
home we were visiting. There were many people both in and around the
water, there was music and food and distraction. There was no
lifeguard, nor any one person whose sole job was to watch the water.
Moments later my eleven-year-old daughter came running from one end
of the pool towards me, with terror, horror, in her eyes. She told me
that her sister Graeme was in the hot tub. I ran with her to the edge
of this hot tub, which was directly connected to the pool itself and
accessible from the shallow end through a small opening in the edge of
the pool. Looking down I saw nothing but dark and bubbling water. She
insisted that Graeme was there, frantically crying and pointing into
the tub. I jumped in, put my head underwater and what I saw is beyond
what I can describe. Her eyes were pinched closed, her hair and limbs
moving with the current of the water from all the jets on the side. I
tried to pull her up, I pulled with all of my strength, and in the
confusion and panic, I could not raise her up. I remember thinking that
she had been murdered, that someone had attached her to the bottom
somehow--it seemed the only viable explanation for why I couldn't get
her up to the surface. I dove down, again and again, screaming for help
until finally I gave up and ran to a grassy area adjacent to the deck
and just collapsed in agony. I truly, in those moments just lost my
mind in fear, confusion and the horror of what was unfolding. I
perceived everything in this strange slow motion and I lost the ability
to hear. I only recall Graeme's twin telling me that she had found her
underwater, but that she was just pretending, so everything would be
alright. Oh, how desperately I wished that to be true. But by that time
two adults had brought her out and they were rolling her from side to
side, attempting to provide CPR to her. People were surrounding me,
they had brought the young girls to me and put them in my lap to stop
them from running over to their sister's side. Finally, paramedics
arrived and I was reassured that Graeme's heart was beating, that there
was hope. She was flown to the hospital and I was told I'd be driven
there to meet her. When I arrived, I was taken into a small room in the
emergency department. I was still wet, wrapped in a blanket which I
used to cover my head. I wanted to disappear and deny that all of this
was happening. Shortly after I heard the door open, and I could see
from under the blanket many feet. And I heard a voice say the
impossible. That my daughter, Graeme, was gone and that they had done
everything they could to revive her. It was a moment that ended many
lives, as for me and my family there was one life we knew before her
death and quite another that we have lived since. I was asked if I
wanted to see her, and in truth, I was almost too frightened to know
how to answer that question. It had never, ever crossed my mind that I
would one day be asked if I desired to see my child's body. I did, and
I am grateful for those moments that I was able to hold her one last
time, to rock her in my arms and to say goodbye in such a painful way.
I look to the day when I am with her again.
Graeme died because she became entrapped, pinned underwater, on the
drain of the spa she was playing in. Her body was held there by
hundreds of pounds of suction force. It took two adults to pull her off
of this drain, the force so great that the cover of the drain cracked
in half removing her. Over the days and months since her death I have
come to accept that she is gone. I cannot, however, accept the
circumstances that took her life. This spa had been serviced by pool
professionals the day before my daughter swam in it. It was considered
to be in working order. In fact, this spa posed a tremendous hazard as
do spas and pools around this country today. There were voluntary
guidelines that had been issued by the CPSC at this time, but none of
the recommendations that were outlined in those guidelines were in
place in the spa where she died. Nor was there anything to compel the
homeowners, or service company, to insist that those safety measures be
installed. And because of the voluntary nature of those guidelines this
beautiful, healthy, magnificent little girl found herself, in horror
and panic, with her buttocks pinned at the bottom of this spa, unable
to come up for air. I have since discovered that this has been
occurring for decades, dozens of stories, one more gruesome and tragic
than the next. In August of 2000, a twelve-year-old boy drowned after
being sucked, head-first into an intake pipe in a resort swimming pool,
requiring six hours to remove him after the pump had been shut down. In
that same month a ten-year-old died three days after his fingers were
caught in the drain of his family's whirlpool spa. In February of 1996,
in Florida, a six-year-old was sucked into the drain of a spa. When the
father freed him, he also brought up a chunk of concrete and the drain
cover still attached to the child's stomach. What is critical to
realize is that in these instances, the pools were in compliance with
the local building codes at the time. Therefore, I am here as a parent
of one of these victims to beg of you to please exert the influence you
have and insist that the codes within these states be examined and
written to require that certain measures be taken to end these deadly
accidents. Were pools and spas required to have multiple drains the
suction force at each one would be lessened, provided neither were
blocked by debris or objects. Were anti-entrapment drain covers used to
replace the flat grate covers which were and still are used to cover
drains, it would be more difficult for a body part to seal the drain--
not impossible--but less likely. And, lastly, if a device called a
safety vacuum release system were installed the pump would
automatically shut off, releasing a victim should an entrapment occur.
Each of these layers is meant to provide protection should the prior
one fail for any reason. And this is the answer to the danger of
entrapment. Were these the standard, as the International Building
Codes have adopted, entrapments would cease to occur. Yet we face a
situation in this country where the pool and spa industry resists the
layers of protection that are needed to prevent entrapment. I have read
articles indicating that due to the relatively small number of children
who suffer death and injury that entrapment is not a serious threat and
therefore does not warrant a shift in building and maintenance
practices. Furthermore, the industry has undertaken intense lobbying
efforts throughout the United States urging that local building code
officials NOT adopt these layers of protection modeled after
International Building Codes. My family and I applaud and fully support
the legislation that Congresswoman Debbie Wasserman Schultz is
introducing in the House of Representatives, as it is intended to
provide incentives for the states to provide safe building codes
consistent with the recommendations of the independent International
Building Codes. Entrapment is a mechanical problem, not an
``accident.'' It has an explicit solution which, if implemented, will
save young lives. When a repairman comes to my home to work on my
furnace, or appliance, there are explicit codes that he must follow in
order to leave that product working in a way that ensures the safety of
the people using it. When a pool is serviced, the codes which guide the
work being done leave pools and spas in dangerous conditions, leaving
people using them vulnerable to death and injury. We must insist that
this practice change, face the very real fact that there is an inherent
danger in pools and that there are proven ways to reduce the incidences
of drownings. The fourth layer of protection which this legislation
calls for is four-sided barrier fencing around pools--isolating the
water from the entrances and exits of the home. The vast majority of
drownings occur in backyard pools, usually due to a momentary lapse of
supervision, where a toddler slips out of the house without a caregiver
noticing. Within two minutes of being in the water, that child has
nearly drowned and within four, most likely will not survive. As
conscientious and responsible as all parents try to be, it is human
nature to have momentary distractions and we MUST, as a society, insist
that we put something between our children and the water to prevent
their access to a great fascination--water. To put this loss of life in
perspective I would like to share with you some comparative and tragic
statistics. In 2003, there were 482 American soldiers who lost their
lives in Iraq. In that same year, 782 children died in accidental
drownings. Also, in 2003, 2,408 soldiers were wounded in Operation
Iraqi Freedom. In 2004, approximately 3,700 children were treated in
emergency rooms for near-drownings. Roughly half of these deaths and
injuries occurred in pools and spas. With the compassion and attention
that we give all loss of life, I ask each of you to please seriously
consider supporting measures which will significantly reduce drowning
accidents. The numbers, the emotional and medical cost, the collective
heartbreak when a child dies is simply too immense to ignore.
In closing, it gives me great hope that this hearing is being held
today. From a personal perspective, it is healing to sense that from a
loss that has taken such a tremendous toll on our family that the
possibility exists that some good may come from a senseless and utterly
preventable death. I have faith that my angel, Graeme, is helping to
urge us along. I am certain that she gives me the strength to go on
without her, but always on behalf of her and the others whose lives
were cut short in this way. Those children knew that something was
terribly, terribly wrong as they died. We all have a responsibility now
to take that knowledge of what has gone so wrong and use the technology
now available and not merely suggest it, or recommend it, but rather
demand that solutions be implemented to prevent further loss of life.
Yes, there will be cost associated with these changes. But I can assure
that whatever the cost in dollars and cents, it cannot possibly compare
with the cost of losing that most precious and treasured person in our
lives, our children. This experience leaves you physically, emotionally
and even, for a time, spiritually bankrupt and it is a very long
process toward becoming an intact human being again. Please, if you
will, help me to prevent others from ever having to know this journey
through grief. It is like no other. I would consider it a privilege to
be a partner in those efforts. The work and commitment of Safe Kids, of
Congresswoman Wasserman Schultz and of the CPSC has been an inspiration
to me. As well, and always, I too am inspired by the goodness and
spirit of my child, Graeme, and her loving and supportive sisters.
Thank you so very much for this opportunity to testify here today. I do
so hope that I have been able to convey to you, on a personal level,
how very important your time and attention to pool and spa safety is.
Senator Pryor [presiding]. Thank you, Ms. Baker. I
appreciate your testimony and your commitment on this issue.
Mr. Laven?
STATEMENT OF MARK LAVEN, PRESIDENT/CEO, LATHAM INTERNATIONAL;
ON BEHALF OF THE ASSOCIATION OF POOL AND SPA PROFESSIONALS
(APSP)
Mr. Laven. Thank you. Chairman Allen and distinguished
Members of the Subcommittee, my name is Mark Laven. I'm
President and CEO of Latham International, the leading
manufacturer of in-ground swimming pools in North America.
Latham is a 50-year-old company with 1,200 employees at 20
manufacturing locations in the United States and Canada. Like
many in the pool and spa industry, I am a third-generation
member of my family to be associated with the company and with
the industry. And in many ways, we are a family-oriented
industry.
Today, I am testifying on behalf of The Association of Pool
and Spa Professionals, APSP, the international trade
association of the pool and spa industry. In this regard, when
I use the term we, I am referring to APSP and the industry as a
whole, not my company. We, collectively, thank the Subcommittee
for holding this hearing, highlighting the critical importance
of pool safety, particularly during National Safe Kids Week. We
have participated in events sponsored by Safe Kids Worldwide
and others to educate caregivers on pool safety measures.
Safety is a core belief and commitment of this industry, and we
appreciate the opportunity to participate here today.
Our industry touches millions of people. In this country
alone, there are approximately 4.7 million in-ground pools,
many with adjoining spas, 3.6 million above-ground pools, and
5.4 million portable hot tubs in use today.
Briefly, APSP, formerly known as NSPI, or the National Spa
and Pool Institute, is headquartered in Alexandria, Virginia,
and has approximately 4,500 members, largely in North America.
Its members are comprised of pool, spa, and equipment
manufacturers, builders, distributors, retailers and service
companies, and their employees. Associated members include
public health officials, building code officials, and others
with an interest in the pool and spa industry, and aquatics in
general. Membership is voluntary, but all members agree, by a
Code of Ethics, ``to contribute to the health, safety and
welfare of the public in the installation, maintenance and
operation of swimming pools, spas, and hot tubs, and to comply
with applicable laws, and ordinances, and regulations.''
Since its inception, APSP has been committed to promoting
the safe and enjoyable use of pools and spas, as have many of
its members, including my own firm, Latham International. In
this statement, I'd like to summarize how we carry out this
commitment. Additional detail is provided in the Appendix we
have submitted for the record.
APSP and the industry promote safety by advocating
widespread use of pool and spa standards approved by ANSI, the
American National Standards Institute, and by education,
training, and disseminating safety information.
Currently, APSP and the industry support comprehensive pool
and spa construction and design standards. These standards are
developed in accordance with the rigorous third-party consensus
review process of ANSI. Eight standards are in effect, and one
additional standard is pending. A principal purpose of these
standards is the prevention of three major concerns of pool
safety--drownings, diving accidents, and suction entrapment.
The ANSI standards are continually reviewed and revised to
reflect new methods and technologies that enhance safety. We
advocate their widespread use within the industry and we
continue to promote their adoption by state and local
officials. We emphasize safety in many educational settings, at
national and local levels both within and beyond the industry.
APSP has developed comprehensive educational materials and
offers training and certification in both pool construction and
servicing.
Recognizing the critical need to deliver safety information
directly to pool and spa owners and parents, APSP's awareness
and public awareness outreach programs provide a wide array of
brochures and publications with titles like: ``Important Safety
Information'' and ``Children Aren't Waterproof.'' All of these
are available to the public at no charge by calling 800-323-
3996, which is APSP's toll-free consumer contact number.
In addition, four related APSP websites further extend
safety outreach to the public. TheAPSP.org, PoolPeopleUSA.com
and HotTubLiving.com all contain important safety information
and a special site for kids, SplashZoneUSA.com, teaches water
safety with online fun and games. Safety is highlighted in TV
and radio public service announcements as well.
Many companies within the industry, including my own,
emphasize safety repeatedly through their own websites, company
training, and customer education programs, publications, sales
literature, product packaging, and safety signage.
Of course, the purpose of these efforts is to prevent
accidents and fatalities from occurring. It would be ideal if
we could guarantee safety in all instances. In reality, we
cannot; no industry can make that guarantee. For example, all
the precautions in the world will not protect an intoxicated
person who dives recklessly, head first, into the shallow end
of a pool. Statistics do tell us, however, that while pool and
spa use is rising, the rate of drownings is declining, and we
believe that public awareness education is a major contributing
factor. However, this is no comfort when a tragic loss occurs.
Our goal remains to help make sure that each and every person
who uses pools, does so safely.
Finally, I'd like to conclude with a few comments about
safety products, devices, and methods. Our industry is young
and vibrant. New ideas for safety products and features are
being developed all the time.
To mandate any one device or method has the potential to
create a false sense of security and to freeze one solution in
place at the expense of new and better alternatives that may
become available. Consumers must be allowed to benefit from
safety innovation.
Moreover, a safe pool environment involves many factors, in
combination, and one size does not fit all when it comes to
responsible pool ownership.
Mr. Chairman, for decades swimming has remained the most
popular form of exercise and recreation in America. Pools and
spas are like many things we use and enjoy everyday. Built,
maintained, and used properly, they are tremendously
beneficial. However, built, used, or maintained improperly,
they can be dangerous. Safety is critical to our industry and
will always be our utmost concern. We will continue to work to
promote, and to work with others to promote pool and spa
safety.
Thank you, Mr. Chairman. I look forward to responding to
any questions you or other members of the Subcommittee may
have.
[The prepared statement of Mr. Laven follows:]
Prepared Statement of Mark Laven, President/CEO, Latham International;
on behalf of The Association of Pool and Spa Professionals (APSP)
Chairman Allen and distinguished Members of the Subcommittee:
My name is Mark Laven, President and CEO of Latham International,
the leading manufacturer of in-ground swimming pools in North America.
Latham is a 50-year-old company with 1,200 employees at 20
manufacturing locations in the U.S. and Canada. Like many in the pool
and spa industry, I am the third generation of my family to be
associated with my company, and with the industry. In many ways, we are
a family-oriented industry.
Today, I am testifying on behalf of The Association of Pool and Spa
Professionals, APSP, the international trade association of the pool
and spa industry. In this regard, when I use the term ``we,'' I am
referring to APSP and the industry as a whole, not my company. We,
collectively, thank the Subcommittee for holding this hearing,
highlighting the critical importance of pool safety, particularly
during National Safe Kids Week. We have participated in events
sponsored by Safe Kids Worldwide and others to educate caregivers on
pool safety measures. Safety is a core belief and commitment of this
industry, and we appreciate the opportunity to participate here today.
Our industry touches millions of people. In this country alone,
there are approximately 4.7 million in-ground pools, many with
adjoining spas, 3.6 million above-ground pools, and 5.4 million
portable hot tubs in use today.
Briefly, APSP, formerly NSPI, the National Spa and Pool Institute,
is headquartered in Alexandria, Virginia, and has approximately 4,500
members, largely in North America. Its members are comprised of pool,
spa and equipment manufacturers, builders, distributors, retailers and
service companies, and their employees. Associated members include
public health officials, building code officials and others with an
interest in the pool and spa industry, and aquatics in general.
Membership is voluntary, but all members agree, by a Code of Ethics,
``to contribute to the health, safety and welfare of the public in the
installation, maintenance and operation of swimming pools, spas and hot
tubs, and to comply with applicable laws, ordinances and regulations.''
Since its inception, APSP has been committed to promoting the safe
and enjoyable use of pools and spas, as have many of its members,
including my own firm, Latham International. In this statement, I'd
like to summarize how we carry out this commitment. Additional detail
is provided in the Appendix we have submitted for the record.
APSP and the industry promote safety by advocating widespread use
of pool and spa standards approved by ANSI, the American National
Standards Institute, and by education, training and disseminating
safety information.
ANSI-Approved Pool and Spa Standards
Currently, APSP and the industry support comprehensive pool and spa
construction and design standards. These standards are developed in
accordance with the rigorous third-party consensus review process of
ANSI. Eight standards are in effect, and one additional Standard is
pending. A principal purpose of these standards is the prevention of
three major concerns of pool safety--drownings, diving accidents and
suction entrapment.
The ANSI standards are continually reviewed and revised to reflect
new methods and technologies that enhance safety. We advocate their
widespread use within the industry, and we continue to promote their
adoption by state and local officials.
Education and Safety Information
We emphasize safety in many educational settings, at national and
local levels both within and outside of the industry. APSP has
developed comprehensive educational manuals and offers training and
certification in both pool construction and servicing.
Recognizing the critical need to deliver safety information
directly to pool and spa owners and parents, APSP's consumer awareness
and public outreach programs feature a wide array of brochures and
publications, with titles like ``Important Safety Information'' and
``Children Aren't Waterproof.'' All of these are available to the
public at no charge by calling 800-323-3996, APSP's toll-free consumer
contact number.
Four related APSP websites further extend safety outreach to the
public. TheAPSP.org, PoolPeopleUSA.com and HotTubLiving.com all contain
important water safety information, and a special site for kids,
SplashZoneUSA.com, teaches water safety with online fun and games.
Safety is also highlighted in TV and radio public service
announcements.
Many individual companies within the industry, including my own,
emphasize safety repeatedly through our own websites, company training
and customer education programs, publications, sales literature,
product packaging and safety signage.
Of course, the purpose of all these efforts is to prevent accidents
and fatalities from occurring. It would be ideal if we could guarantee
safety in all instances. In reality, we cannot; no industry can make
that guarantee. For example, all the precautions in the world will not
protect an intoxicated person who dives recklessly, head-first, into
the shallow end of a pool. Statistics do tell us, however, that while
pool and spa use is rising, the rate of drownings is declining, and we
believe that public awareness education is a major contributing factor.
However, this is no comfort when a tragic loss occurs. Our goal remains
to help make sure that each and every person who enjoys the use of
pools and spas does so safely.
Finally, I'd like to conclude with a few comments about safety
products, devices and methods. Our industry is young and vibrant. New
ideas for safety products and features are being developed all the
time.
To mandate any one device or method has the potential to create a
false sense of security and to ``freeze'' one solution in place at the
expense of new and better alternatives that may become available.
Consumers must be allowed to benefit from safety innovation.
Moreover, a safe pool environment involves many factors, in
combination, and ``one size does not fit all'' when it comes to
responsible pool ownership.
Mr. Chairman, for decades swimming has remained the most popular
form of exercise and recreation in America. Pools and spas are like
many things we use and enjoy everyday: built, maintained and used
properly, they are tremendously beneficial; however, built, used or
maintained improperly, they can be dangerous. Safety is critical to our
industry and will always be our utmost concern. We will continually
work to promote, and work with others to promote pool and spa safety.
Thank you, Mr. Chairman. I look forward to responding to any
questions you or other members of the Subcommittee may have.
Appendix
In his statement, Mr. Laven states that the pool and spa industry
promotes safety through advocating ANSI-approved industry standards and
through multiple safety education and communication initiatives. This
Appendix provides additional information about these initiatives.
The ANSI Standards
Utilizing the process of the American National Standards Institute
(ANSI), the APSP (formerly NSPI, the National Spa and Pool institute)
has sponsored the development of a number of industry standards
relating to public pools, residential in-ground and aboveground pools
and spas and hot tubs. APSP promotes the development of consensus
standards, but does not, itself, write the standards. At one point,
APSP formed the International Aquatic Foundation (IAF) with the
intention that the Foundation would house the standards initiatives,
but all standards initiatives now reside in APSP itself.
Attached are two examples of the standards:
The ANSI/IAF-8 2005 American National Standard Model Barrier
Code for Residential Swimming Pools, Spas and Hot Tubs. The
purpose of this Standard is to establish layers of protection,
such as fencing, to supplement adult supervision in denying,
delaying or detecting unsupervised entry to a pool or spa by
the most at-risk age group, children less than five years of
age.*
The BSR/IAF-7 Draft Standard For Suction Entrapment
Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs and
Catch Basins. This draft standard, currently in the ANSI public
review process, consolidates and updates all the provisions
pertaining to suction outlet entrapment avoidance that
currently are contained in each of the other standards. *
---------------------------------------------------------------------------
* The information referred to has been retained in Committee files.
(Draft standards in the process of public review are referred to as
``BSR,'' the Board of Standards Review of ANSI.)
In addition to these two standards, one in effect and one pending,
the remaining standards currently in effect are:
ANSI/NSPI-1 2003 American National Standard for Public
Swimming Pools.
ANSI/NSPI-2 1999 American National Standard for Public Spas.
ANSI/NSPI-3 1999 American National Standard for Permanently
Installed Residential Spas.
ANSI/NSPI-4 1999 American National Standard for Aboveground/
Onground Residential Swimming Pools.
ANSI/NSPI-5 2003 American National Standard for Residential
Inground Swimming Pools.
ANSI/NSPI-6 1999 American National Standard for Residential
Portable Spas.
ANSI/IAF-9 2005 American National Standard for Aquatic
Recreational Facilities.
Pursuant to ANSI requirements, all standards are routinely updated.
The APSP continually communicates with state and local code
officials and the International Code Council (ICC) in an effort to
codify these ANSI-approved pool and spa standards into appropriate laws
or regulations. This has resulted in the inclusion of the existing
standards as appendices to current and prior editions of the
International Residential Code (RC).
Twenty states directly reference all or portions of one or more of
these standards in their state codes. The IRC has been adopted in
thirty-three states and in fourteen other states at the local level.
Further information about the standards and ANSI is available at
www.ANSI.org. Further information about the International Code Council
is available at www.ICCSafe.org.
Education and Safety Information
The APSP and the industry routinely and affirmatively emphasize
safety through multiple educational and communication initiatives, both
for the industry and the general public. Examples include:
Comprehensive educational manuals, training and
certification programs for pool and spa construction and
servicing.
APSP continuing education seminars and programs at the
national, regional and local chapter levels.
TV and radio public service announcements which reach
approximately 100 million people.
The APSP website, www.TheAPSP.org which links users. the
public and the industry to free safety brochures and
information.
Linked websites promoting safety, such as
www.PoolPeopleUSA.com; www.HotTubLiving.com; and
www.SplashZoneUSA.com (which is directed specifically to
children).
APSP brochures, such as ``Important Safety Information,''
``Children Aren't Waterproof,'' ``Layers of Protection,'' and
``The Sensible Way to Enjoy Your (Inground Pool/Aboveground
Pool/Spa or Hot Tub),'' which are obtained in hard copy or
through the APSP website. Each year over a million of these
brochures are placed in the hands of consumers.
The APSP maintains a toll-free number (800-323-3996) where
industry and the public can access free consumer information
brochures.
Numerous programs by individual firms within the industry
aimed at educating their dealers and customers on safety
issues.
Manufacturer, dealer and builder customer information
packages that communicate directly to pool owners and users
through APSP brochures, manuals and signage.
The APSP has and will continue to work on improving pool and spa
safety and public awareness with the Consumer Products Safety
Commission (CPSC), American Red Cross, Centers For Disease Control and
Prevention (CDC), Safe Kids Worldwide, National Drowning Prevention
Alliance, National Sanitation Foundation (NSF), World Waterpark
Association, The National Swimming Pool Foundation (NSPF), Underwriters
Laboratory (UL), National Fire Protection Association (NFPA), The
American Society of Testing and Materials (ASTM), American Society of
Mechanical Engineers (ASME), National Environmental Health Association,
American Public Health Association (APHA), American Hotel and Lodging
Association, National Recreation and Parks Association, and numerous
state and local public safety officials. Many of these groups have
participated in the ANSI review process for the ANSI/APSP standards.
Senator Pryor. Thank you.
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
The Chairman. Senator, if I may----
Senator Pryor. Yes.
The Chairman.--interrupt before Mr. Korn--as Chairman of
the Full Committee, I think I speak for myself and Senator
Inouye, we're looking forward to seeing the Congresswoman's
bill and we hope that we'll see it soon. I can assure everyone
interested, that we are going to give full consideration to a
bill on--regarding this issue, as soon as we can get one before
us.
I spent some of my younger years as a lifeguard on the
beaches and at swimming pools. And I can tell you, I'd rather
be at a beach anytime. The pool is enough to make anyone a
nervous person. But I do think that much more can be done to
improve the safety of these pools and I think that we ought to
take the lead in setting forth some real standards for the
construction design. I look forward to working with the
Consumer Product Safety Commission on this and the two of you,
as Chairman and Ranking Member of the Subcommittee. But I do
believe we should take some action and we should really set
some real standards for the Commission and for the industry to
understand that particularly the deaths of young children
resist--they can be avoided and I believe that we should take
action to assure that their--to the maximum extent, they are
avoided. Thank you very much.
Senator Allen [presiding]. Thank you. I consider you still
a Chairman. No matter what, he is the Chairman. That this is
the Subcommittee, that he's the Chairman of the whole committee
and thank you, Mr. Chairman----
The Chairman. Thanks.
Senator Allen.--for being here and for your great
leadership on so many fronts. Now, we'll go to Mr. Korn, as far
as your testimony is concerned.
STATEMENT OF ALAN KORN, J.D., DIRECTOR OF PUBLIC POLICY/GENERAL
COUNSEL, SAFE KIDS WORLDWIDE
Mr. Korn. Mr. Chairman, Senator Pryor, thank you for
holding this hearing and for giving Safe Kids Worldwide the
opportunity to testify. One can't hear the Baker family story
without asking what we can do. In fact, it was Nancy's story
and her personal visit to our office that first motivated us to
do more and do more formally during Safe Kids Week which starts
next week.
Don't get me wrong, we want kids to enjoy the summer in our
nation's pools, but we can't throw caution to the wind. There
are dangers associated with pools and spas. You've heard the
numbers, I won't repeat them here. Suffice it to say, far too
many children are dying or being permanently injured from a
near drowning. Senator Pryor, you mentioned earlier, about
three deaths in the past 2 weeks. It's actually nine deaths in
the past 2 weeks and I have the clippings here.
The vast majority of these deaths were due to children
having unfettered or very easy access to pools or spas. Or, as
a result of adults not properly supervising children while
swimming. But swimming pools and spas present, as you've heard,
a hidden danger: drain entrapment, hair entanglement, and
evisceration. These types of entrapments occur when a part of
the child becomes attached to the drain because of the powerful
suction of the pool or spa's water circulation system. This
risk, unlike the more common form of drowning described
earlier, has nothing to do with the lack of proper adult
supervision, but has everything to do with the flaws in the way
pools are built and maintained in this country.
From 1985 to 2004, about 36 children have died and about
100 have been seriously injured. And these are permanent
serious injuries. This isn't like falling off of a bike, like
breaking an arm, a stitch, these are brain--serious permanent
brain damage.
However, and Senator Allen, you mentioned earlier, we
believe the numbers of entrapment deaths could be much higher
because the deaths or injuries, as it relates to entrapment,
are often mis-classified. For example, on Graeme Baker's death
certificate, the cause was listed as drowning only, with no
mention of the mechanism of the fatality. Safe Kids believes
that this type of incomplete mis-characterization happens more
often than not, and therefore the actual incidents are much
higher.
I'll lift my head up from my prepared notes to talk about
this next concept of layers of protection. We've heard a lot
about them and I think it is important to kind of see, touch,
and feel them as we move forward.
The first is the isolation fencing. I think everyone's in
agreement that pools should have barriers that prevent the
unfettered access to children getting into pools, neighbors'
pools, or your own pools--isolated fencing around the pool. In
fact, our view of the newspaper clippings, not a scientific
review, determined that all but one of those deaths in the past
2 weeks could have been prevented by appropriate fencing with
self-locking gates, where children--small children, as young as
two and in one case, of twins. A family, just on Sunday or
Saturday, lost twins, two 4-year-olds, by getting access to a
pool. We think four-sided fencing with self-latching gates, is
an important component to that.
The second layer of protection, is what you've heard,
addresses the entrapment. And let me just show you, just by way
of a visual. This is a drain that you find in many pools in the
country and spas. It's flat. It also has the grate. And what
happens is a part of the body gets attached to the drain. The
powerful suction holds you down and you can't break the seal.
This is what happened to Graeme Baker. Also, the hair can get
caught in the grates, getting tangled, and you can't pull
yourself free. A dangerous drain.
Well, we prefer part of the layer of protection that you
heard the Consumer Product Safety Commission talk about, which
is called an anti-entrapment drain. And you can see, it's
engineered a little differently. It's dome-shaped. This is not
the only one, there are other ones out there. But they are
designed to prevent that seal from happening in the first
place, so you don't have the entrapment at the bottom of the
pool.
Third, fences, drain covers, and safety vacuum relief
system. It is safety vacuum and release systems and I have one
right here. A little cumbersome, but you can see what they look
like. And this automatically shuts off the pump, the
circulation system, if it detects an unnatural blockage or any
blockage in the drain at the bottom of the pool.
Usually panicked family members--we have a witness who can
speak better to that--run, panicked, searching for how to turn
off the mechanism and they can't. This automatically does it.
In fact, there's a family sitting in the audience who had a
daughter die in a pool at a hotel. They had to shut off the
electricity in the hotel in order to break the seal. So, this
automatically does that. It's a passive safety device, which I
think is an important concept.
The other, which has been talked about pretty extensively
and I won't spend too much time on it, is dual drains.
Obviously, multiple drains--the more drains you have at the
bottom of the pool, the less source suction you have in each
one of those pools. So, at least moving forward, it is an
expensive fix, by the way. But at least, moving forward for new
pools, dual drains are a very important concept to consider.
We would be remiss if we didn't talk about, on top of the
environmental precautions, active supervision. Because really,
this is a very important component and a focus for us in
addition to these layers. We believe in fact, this is one of
the most important prevention steps to address the most common
type of pool drowning and that's adult supervision--active
adult supervision. Unfortunately, many parents do not realize
the importance of active adult supervision at all times. Active
supervision means that a parent or caregiver is giving
undivided attention to a child and is close enough to help in
case of emergency.
Previous research that we've done revealed that 9 out of 10
children who drown in pools are being supervised and as you
might expect, that supervision was inadequate. It's one of
those cases, Senators, where you have everybody watching the
pool, but nobody's really watching the pool.
We're going to be distributing this week with our partner,
Johnson & Johnson, during Safe Kids Week, water watcher cards.
I've seen this work. I'm going to use it myself this summer.
When you're at a pool, pool party, at a summer camp, enjoying a
graduation party that's about to start, you assign parents to
wear a water watcher card. And you just slip it around your
neck and it changes the feel around the pool. Then you've got
two or three adults standing by the pool, who are completely
focused on what's going on at the pool. You're not conflicted
by the music, or the barbeque, or the socializing. And then 15
or 20 minutes later, you take it off, and you exchange, and it
adds that layer of responsibility there. I've seen it used. I
plan on using it myself when my 6-year-old is enjoying the
summer fun in pools.
I do want to spend a second talking about the bill that's
about to be introduced in the House. Safe Kids will strongly
support this bill introduced by Congresswoman Debbie Wasserman
Schultz. It's called the Pool and Spa Safety Act. And it's
intended to increase the safety of swimming pools and spas by
motivating states that pass laws that incorporate these layers
of protection. If enacted, the legislation would provide
incentive grants, Senator Allen mentioned this, to states that
call for all swimming pools and spas to have the layers of
protection we talked about here.
Congressional incentives--Congressional Incentive Grants to
encourage states to pass safety legislation is not a new
concept. Congress has used this mechanism often to promote
state transportation safety laws, some of which, were included
in the most recent SAFETEA-LU legislation. In fact, I think
these incentive grants originate in the Commerce Committee as a
way to motivate states to input safety behaviors.
Safe Kids believes that the Pool and Spa Safety Act, which
will be introduced next week, could do for pool safety what
incentive grants have done for booster seat laws, primary
enforcement seat belt laws, .08 drunk driving laws, and open
container prohibition laws--that incentivizing of states to do
the right thing.
We would hope that we could find a companion bill in the
Senate. We're happy to continue the discussion, as you say,
Senator Allen, at least educating the Committee about these
issues.
We hope this hearing and the attention surrounding our Safe
Kids Week will be a catalyst to continue this discussion. I can
rest assured, we will be continuing, not only throughout this
summer, but into the future addressing swimming pool safety to
make sure that it is a fun time for all as they enjoy swimming
in the pools. So, thank you very much Senator, both of you.
[The prepared statement of Mr. Korn follows:]
Prepared Statement of Alan Korn, J.D., Director of Public Policy/
General Counsel, Safe Kids Worldwide
My name is Alan Korn, and I am the Director of Public Policy and
General Counsel for Safe Kids Worldwide. It is my pleasure to testify
before the Senate Consumer Affairs, Product Safety, and Insurance
Subcommittee today. Mr. Chairman and Senator Pryor, thank you for
allowing me to address the important topic of pool and spa safety, as
drowning is a leading killer of children ages 14 and under.
I. History of Safe Kids Worldwide
Safe Kids Worldwide is the first and only international
organization dedicated solely to addressing an often under recognized
problem: More children ages 14 and under are being killed by what
people call ``accidents'' (motor vehicle crashes, fires, drownings and
other injuries) than by any other cause. Formerly known as the National
SAFE KIDS Campaign, Safe Kids Worldwide unites more than 450 coalitions
in 16 countries, bringing together health and safety experts,
educators, corporations, foundations, governments and volunteers to
educate and protect families against the dangers of accidental
injuries.
Founded in 1987 by the Children's National Medical Center and with
support from Johnson & Johnson, Safe Kids Worldwide relies on
developing injury prevention strategies that work in the real world--
conducting public outreach and awareness campaigns, organizing and
implementing hands-on grassroots events, and working to make injury
prevention a public policy priority.
The ongoing work of Safe Kids coalitions reaching out to local
communities with injury prevention messages has contributed to the more
than 40 percent decline in the childhood unintentional injury death
rate during the past 15 years. However, with one out of every five
children--or nearly 12 million children ages 14 and under--sustaining
injuries serious enough to require medical attention each year, Safe
Kids Worldwide remains committed to reducing unintentional injury by
implementing prevention strategies and increasing public awareness of
the problem and its solutions.
II. The Problem: Accidental Childhood Drowning in Swimming Pools and
Spas
While water recreation provides hours of enjoyment and exercise for
children, water and children can be a deadly mix when an unsafe
environment or inadequate supervision is also present. In the United
States, drowning remains the second leading cause of accidental injury-
related death among children ages 1 to 14 and the leading cause of
accidental-injury-related death among kids ages 1 to 4. In 2003, 782
children ages 14 and under died as a result of accidental drowning, and
in 2004, an estimated 3,702 children in this age group were treated in
emergency rooms for near-drowning, which often results in lifetime
injuries, including permanent brain injuries. Of these drowning deaths,
an estimated forty percent occur in pools. The vast majority of these
deaths were due to children having unfettered or very easy access to
pools/spas or as a result of adults not properly supervising children
who were in the pool with permission. (For more statistics, see
Attachment A: Backgrounder on Pool and Spa Safety.)
Swimming pools and spas also present a hidden danger for children
(and adult bathers and swimmers): the risk of drain entrapment.
Entrapment occurs when part of a child becomes attached to a drain
because of the powerful suction of a pool or spa's water circulation
system. This happens much the same way one's hand might get stuck to
the hose end of a vacuum cleaner. Young children are captivated with
the suction created by a pool or spa circulation system, often playing
in the suction path to feel the powerful pull of the water. This is
often referred to as an ``attractive nuisance.'' That ``nuisance'' is
magnified by the lack of awareness by most consumers (especially
children) and the aging of pools in this country. Death or serious
injury can occur when the force of the suction overpowers the child's
ability to disengage from the drain and rise to the surface of the
water. Often, the strength of an adult is still not enough to remove a
child trapped by a pool or spa's drainage system. This risk, unlike the
more common form of drowning described above, has nothing to do with
the lack of proper adult supervision, but has everything to do with
engineering flaws in the way pools are built and maintained.
There are at least five different types of suction entrapment:
1) Body Entrapment--where a suction of the torso becomes
entrapped;
2) Limb Entrapment--where an arm or leg is pulled into an open
drain pipe;
3) Hair Entanglement/Entrapment--where hair is pulled in and
wrapped around the grate of a drain cover;
4) Mechanical Entrapment--where jewelry or part of a bathing
suit becomes caught in the drain or grate; and
5) Evisceration--where the victim's buttocks comes in contact
with the pool suction outlet and he/she is disemboweled.
Each of these ``entrapments'' almost always results in death or
permanent serious injury.
From 1985 to 2004, records show that at least 33 children ages 14
and under died as a result of pool and spa entrapment, and nearly 100
children were seriously injured. Entrapment deaths can also occur when
a child's hair or swimsuit gets tangled in the drain or on an
underwater object, such as a ladder. Forty-one percent of the deaths
were hair-related entrapments. Fifty-two percent of these fatalities
occurred in spas or hot tubs, thirty-nine percent in swimming pools,
and nine percent in combination pool/spas.
However, according to the U.S. Consumer Product Safety Commission
(CPSC) and Safe Kids Worldwide, the number of entrapment deaths could
be much higher than reported. Due to the fact that entrapment is a
little-known risk for drowning, it is possible that many drowning
deaths have not been classified as entrapment and that the number of
deaths is probably higher than reported. For example, in the case of
Nancy Baker's daughter and former Secretary of State James Baker's
granddaughter, Graeme's cause of death was listed as a ``drowning''
only with no mention of the mechanism of the fatality on the death
certificate. Safe Kids believes that this type of incomplete
characterization happens more often than not, and therefore, the actual
incidences of entrapment/entanglement/evisceration is much higher than
reported.
As pools and spas become more common among consumers and existing
pools and spas age and require maintenance, the potential risk of
injuries and deaths from entrapment increases. The number of
residential swimming pool owners increased by approximately 600,000
from 2002 to 2004, and the number of residential spa owners increased
by about 800,000 over the same period.
Drowning, in all its forms, is usually quick and silent. A child
will lose consciousness two minutes after submersion, with irreversible
brain damage occurring within four to six minutes. The majority of
children who survive without neurological consequences are discovered
within two minutes of submersion, and most children who die are found
after 10 minutes.
For children who do survive, the consequences of near-drowning can
be devastating. As many as 20 percent of near-drowning survivors suffer
severe, permanent neurological disability, the effects of which often
result in long-lasting psychological and emotional trauma for the
child, his or her family and their community. Near-drownings also take
a tremendous financial toll on affected families and society as a
whole. Typical medical costs for a near-drowning victim can range from
$75,000 for initial treatment to $180,000 a year for long-term care.
The total cost of a single near-drowning that results in brain injury
can be more than $4.5 million. The total annual lifetime cost of
drowning among children ages 14 and under is approximately $5.7
billion, with children ages 4 and under accounting for $3.4 billion, or
nearly half, of these costs.
III. The Solution: Layers of Protection and Active Supervision
As a result of these alarming statistics, Safe Kids has promoted
two primary ways to prevent pool and spa drownings and entrapments:
safety devices to guard the pool and prevent entrapment, and active
supervision.
A. Use of Environmental Safety Devices: Layers of Protection
1. Four-Sided/Isolation Fencing
One of the most effective ways to reduce child drownings in
residential pools is to construct and maintain barriers to prevent
young children from gaining unsupervised access to pools. Studies show
that installation and proper use of four-sided isolation fencing could
prevent 50 to 90 percent of residential pool drowning and near-drowning
incidents among children. Isolation fencing (enclosing the pool
completely) is more effective than perimeter fencing (enclosing
property and the pool) because it prevents children from accessing the
pool area through the house. If the house is part of the barrier, the
doors and windows leading to the pool should be protected, at the very
least, by an alarm or a powered safety cover for the pool. Safe Kids
also recommends that pool fences have a secure, self-closing, self-
latching gate and also isolate the pool from the residence. The CPSC
has crafted suggested recommendations, entitled Safety Barrier
Guidelines for Home Pools, which details specifically how pool owners
and pool installation companies should construct fencing to best
prevent the unsupervised access to pools by children. Some localities
and a few states have used these guidelines as a basis for their own
laws.
2. Anti-Entrapment Drain Covers
In addition to the barriers to the water, there are other devices
designed specifically to protect against entrapment. Another layer of
protection involves the installation of anti-entrapment drain covers.
Anti-entrapment drain covers are recommended to help prevent the
suction from drawing the body or hair into the drain. Anti-entrapment
drain covers are not flush to the bottom of the pool or spa, like many
dangerous grates and outlet covers in pools/spas today. Anti-entrapment
covers are drain fittings that are specifically designed to prevent the
circular or swirling motion of the water that tends to form a vacuum or
suction and draws hair or the body into the drain pipe. Safe Kids
recommends that pool owners (both private owners and commercial
operators) have their pools/spas inspected by pool maintenance
professionals for dangerous or broken covers and have them replaced
with safer covers before pools/spas are used for the summer. These
drain covers have a retail price of approximately $30-$60.
3. Safety Vacuum Release Systems
Safety vacuum release systems (SVRS) are intended to detect any
blockage of a drain, automatically and immediately shutting off the
suction to prevent entrapment. This immediate shut off feature
eliminates the need for a witness to an entrapment, usually a panicked
family member, from searching around for the on/off switch to turn off
the pool pump. The search costs precious seconds and usually by the
time the switch is found, it is too late. These safety devices have a
suggested retail price between $375-$800.
4. Dual Drains
To ensure a safe environment, Safe Kids advises pool and spa owners
to install multiple drains, not just one, in order to decrease the
amount of suction at the drain site. Although this safety adaptation is
admittedly costly and labor intensive for existing pools since the
bottom of the pool would have to be dug up, this safety feature should
be a part of the construction for all new pools and spas being built.
The CPSC recommends each of these safety devices (safer drain
covers, SVRS and dual main drains) as a way to reduce the risk of
entrapment, entanglement and evisceration.
See the CPSC's Guidelines for Entrapment Hazards: Making Pools and
Spas Safer (March 2005).
Safe Kids also believes that pool service companies, and in
particular, their technicians, need to be better educated about these
``layers of protection'' and should more regularly inform pool owners
and operators about these important environmental changes and safety
devices. The pool service visit each May should not only include
preparing the pool for the summer's activities, but should also include
an inspection for these hidden hazards and installation of the
appropriate layers of protection.
B. Active Supervision of Children
In addition to environmental precautions, parents and caregivers
must also actively supervise children whenever water is present.
Unfortunately, many parents do not realize the importance of active
supervision around water at all times. Active supervision means that a
parent or caregiver is giving undivided attention to the child and is
close enough to help the child in case of emergency.
In a previous Safe Kids' study, research revealed that nine of out
of ten children who drowned were being supervised. Our 2004 study,
Clear Danger: A National Study of Childhood Drowning and Related
Attitudes and Behaviors, showed that in 88 percent of drowning cases
reviewed, the victim was under some form of supervision when he or she
drowned--in most cases, being supervised by a family member. Forty-six
percent of drowning victims were in the care of a parent at the time of
the incident. Twenty-six percent were in the care of a relative other
than a parent, including 5 percent in the care of a sibling younger
than 18 years of age and 6 percent in the care of a grandparent. These
results are consistent with past studies indicating that childhood
drownings and near-drownings typically occur when a child is left
unattended or during a brief lapse in supervision.
In that survey, nearly all parents (94 percent) reported that they
always actively supervise their children while swimming. However,
deeper examination revealed that parents participated in a variety of
distracting behaviors while supervising, including talking to others
(38 percent), reading (18 percent), eating (17 percent), talking on the
phone (11 percent) and even closing their eyes and relaxing (4
percent).
Safe Kids was alarmed at the disconnect between parents recognizing
the potential danger of water activities and their subsequent lack of
full attention when supervising their children. As a result of these
findings, Safe Kids and its coalitions will continue to promote the
proper practice of active supervision, especially as kids are in and
around water this summer season.
IV. Safe Kids' Support of the Pool and Spa Safety Act
Safe Kids knows that installation of the layers of protection will
go a long way to protecting children from the potential dangers of
residential and publicly-operated pools and spas. Four states have
enacted residential pool fencing laws and no state has a comprehensive
pool safety law on its books. Accordingly, Safe Kids strongly supports
the enactment of the Pool and Spa Safety Act and applauds Congresswoman
Debbie Wasserman Schultz for her leadership in introducing this
legislation. We also commend former Secretary of State James Baker and
Nancy Baker for sharing their personal story about the loss of Virginia
Graeme Baker and for their advocacy efforts in support of this
important piece of legislation.
The Pool and Spa Safety Act is intended to increase the safety of
swimming pools and spas by motivating states to pass laws that
incorporate the layers of protection in order to help prevent drowning,
entrapment and hair entanglements. If enacted, the legislation would
provide incentive grants to states that call for all swimming pools and
spas to have the following layers of protection:
A wall, fence or barrier that entirely encloses the pool;
Self-closing and self-latching gates for any walls, fences
or barriers;
A drain system that contains two suction outlets per pump
(for new pools only);
A safety suction outlet drain cover that meets the CPSC's
guidelines; and
A safety vacuum release system.
Congressional incentive grants to encourage states to pass safety
legislation are not a new concept. Congress has used this mechanism
often to promote state transportation safety laws, some of which are
included in the recently passed SAFETEA-LU Federal highway law. Safe
Kids believes that the Pool and Spa Safety Act could do for pool safety
what incentive grants have done for booster seat child occupant
protection laws, primary enforcement safety belt laws, .08 drunk
driving laws and open container prohibition laws.
The bill also has two important industry and consumer awareness/
education components. First, the bill would require states to use at
least 50 percent of the awarded grant to hire and train personnel to
properly enforce the law, and to educate pool construction/installation
companies, pool service companies and consumers about the new law and
about drowning prevention tips.
In addition, passage of the legislation would enable national
public education programs on pool and spa safety to be implemented
through the CPSC and partner organizations. The need for this type of
consumer awareness program is overwhelming. Safe Kids, in its most
recent research, has found that the vast majority of American pool and
spa owners do not install many of the recommended devices in and around
their pools and spas. The legislation attempts to address this lack of
appropriate safety devices. Swimming pool owners would be targeted with
information on ways to prevent drowning and entrapment, and educational
materials would be designed and disseminated through pool
manufacturers, pool service companies and pool supply retail outlets.
Safe Kids hopes that the Senate considers a companion bill to the
Pool and Spa Safety Act.
V. Safe Kids Week 2006: Safe Pools for Safe Kids
As a result of the deaths and injuries due to drowning and
entrapment, Safe Kids Worldwide will be launching a water safety
initiative, Safe Pools for Safe Kids, during Safe Kids Week 2006 (May 6
to 13). National Safe Kids Week has been held annually for 13 years and
has been supported each of these years by Johnson & Johnson. This
year's theme is Safe Pools for Safe Kids and more than 300 Safe Kids
Week events will take place across the Nation to educate parents and
pool/spa owners about how to keep kids safe from drowning.
A. Safe Kids Week 2006 Programmatic Components
This year our campaign will include the following:
1. Safe Kids Local Community Events
Our national network of 300+ coalitions and chapters will be
conducting educational programming efforts to educate parents about
pool and spa safety. These include community safety events at local
venues, including schools, neighborhood pools, and home and garden
shows.
Many of our Safe Kids coalitions will also be lobbying their state
legislatures about the importance of the ``layers of protection'' and,
hopefully, helping to introduce our Safe Kids model pool safety
legislation that addresses both traditional drowning incidents and the
entrapment risks.
2. Johnson & Johnson's National Advertising Campaign
Through a partnership with Turner Broadcasting, six public service
announcements on the importance of active supervision and proper pool
barriers were created. These spots will run on Turner Networks
throughout the summer, such as CNN, Turner Sports, TNT, TBS and the
Cartoon Network, reaching millions of families and pool owners.
3. Release of Our New Research Study
Safe Kids' new report, Pool and Spa Drowning: A National Study of
Drain Entrapment and Pool Safety Measures, was released yesterday in
our national news conference. (More information below.)
4. Distribution of Our Consumer Education Pieces
Through our coalitions, Safe Kids consumer educational materials on
pool and spa safety will be disseminated in communities during Safe
Kids Week and beyond. In addition, this information will be included on
the Safe Kids website www.usa.safekids.org. Important safety messages
to parents and caregivers are highlighted in both the print and online
materials and include the following tips:
Warn your children about the dangers of drain entanglement
and entrapment, and teach them to stay away from the drain.
Install protection to prevent entrapment if you own a pool
or spa. Protective measures include anti-entrapment drain
covers, multiple drains in new construction, and a device to
automatically release the suction and shut down the pump should
entrapment occur.
Actively supervise your children around water, and have a
phone nearby to call for help in an emergency.
Ensure your pool has fencing around all sides and a self-
closing, self-latching gate, to prevent a child from wandering
into the pool area unsupervised. In addition, spas should be
covered and locked when not in use.
Install a door alarm, a window alarm or both on the side of
the house facing the pool or spa to alert you if a child
wanders into the pool or spa area unsupervised.
Tie up long hair securely so that it will not get caught in
a pool or spa drain.
Coalitions will also be distributing copies of our Water Watcher
Card, which helps promote the concept of active supervision. Adults who
are designated Water Watchers are responsible for actively supervising
children in and around water during parties and other gatherings. The
Water Watcher Card, worn around the adult's neck, also contains
important information about what to do in case of an emergency. (For
examples of our educational materials, see Attachment B: Pool and Hot
Tub Safety Brochure and Attachment C: Water Watcher Card.)
Our Safe Kids educational materials will also be supplemented by a
retail component sponsored by Johnson & Johnson. Due to their support,
consumers will be targeted with pool and spa safety messages in the May
7th coupon insert in the Sunday newspaper and through in-store retail
print materials from participating outlets. Consumers will also be able
to pick up copies of the Water Watcher Card.
B. Key Findings of Pool and Spa Drowning: A National Study of Drain
Entrapment and Pool Safety Measures
Key to our efforts is the release of our new research study, Pool
and Spa Drowning: A National Study of Drain Entrapment and Pool Safety
Measures (Attachment D). Our goal: to better understand why kids drown
in pools and spas and what can be done to prevent these needless
tragedies. Through our research, we discovered that:
Parents are not aware enough of the risk of their children
drowning. Only a third (34 percent) of parents recognized that
drowning is one of the top two causes of accidental death among
children. In the South and West, where the largest number of
drowning deaths occur, only 39 percent and 35 percent of
parents, respectively, were aware of this risk.
Parents are not aware enough of the risk of entrapment. This
finding is particularly alarming because research also reveals
that pool and spa ownership is becoming more popular. A
significant number of parents (29 percent) are not at all aware
of the risk of entrapment. While one out of two parents report
that they have a pool or spa at home (49 percent), 26 percent
of these pool and spa-owning parents are not at all informed
about ensuring the safety of their pool or spa drain.
Although devices are available to prevent drowning,
entrapment and entanglement, pool and spa owning parents are
not likely to have them installed. Only 15 percent of pool and
spa owning parents had anti-vortex drain covers and 12 percent
had safety vacuum release systems in place. Only 28 percent had
isolation fencing; 50 percent had perimeter fencing; and 34
percent had self-closing, self-latching gates.
While the majority of parents actively supervise their
preschool children, parents tend to become less attentive as
the children grow older. While 93 percent of parents say it's
necessary to stay in visual contact with a 2-year-old at all
times, this figure drops to 80 percent of parents expressing
this same necessity with a 6-year-old and then to only 42
percent with a 10-year-old.
Our research tells a grim story of parents' lack of understanding
of the dangers of pool and spa drains. The research also suggests
parents' confidence in their children's safety while swimming may be
higher than their children's abilities in the swimming pool, leaving
children exposed to unnecessary risks.
VI. Conclusion
Drowning is a complex issue with no single safety device or
solution that works in all cases. Pool and spa safety requires a
multifaceted strategy, including active supervision by a designated
adult, safe water environments and public education, to ensure
children's safety in and around water. Safe Kids commends this
Subcommittee for convening this important consumer safety hearing and
we look forward to working with you on any legislative initiatives and
educational efforts designed to reduce the incidents of drowning.
______
Appendix A--Backgrounder on Pool and Spa Safety
Drowning is the number two accidental injury-related killer of children
ages 1 to 14, and the leading cause of accidental injury-
related death among kids ages 1 to 4.
In 2003, 782 children ages 14 and under died as a result of
accidental drowning. Children age 4 and under accounted for 62
percent of these deaths.
In 2003, 285 children died as a result of drowning in a
pool.
In 2004, there were an estimated 3,702 near-drownings among
children ages 14 and under.
Pool and Spa Entrapment and Entanglement
Entrapment occurs when part of a child's body becomes attached to a
drain because of the powerful suction of a pool or spa's water
circulation system. Death or serious injury can occur when the force of
the suction overpowers the child's ability to disengage from the drain
and rise to the surface of the water. Often, the strength of an adult
is still not enough to remove a child trapped by a pool or spa's
drainage system. Entrapment deaths can also occur when a child's hair
or swimsuit gets tangled in the drain or on an underwater object, such
as a ladder.
As pools and spas become more common among consumers, the potential
risk of injuries and deaths from entrapment increases.
The number of residential swimming pool owners increased by
approximately 600,000 from 2002 to 2004, and the number of
residential spa owners increased by about 800,000 over the same
period.
From 1985 to 2004, at least 33 children ages 14 and under
died as a result of pool and spa entrapment.
--Thirty-nine percent were hair-related entrapments.
--Fifty-two percent of these incidents occurred in spas or hot
tubs, 39 percent in swimming pools, and 9 percent in
combination pool/spas.
From 1985 to 2004, nearly 100 children ages 14 and under
were injured as a result of pool and spa entrapment.
According to Safe Kids Worldwide, entrapments and entanglements are
generally little-known risks for drowning. As a result, many drowning
deaths may not have been classified as entrapment and entanglement, and
the number of deaths is probably higher than reported.
Drowning and Entrapment Prevention
There are two primary ways to prevent pool and spa drownings and
entrapments: safety devices to guard the pool and prevent entrapment,
and active supervision.
1) Use of environmental safety devices. These include pool, spa and
door alarms; four-sided fencing; self-latching and self-closing gates;
proper drains; and safety vacuum release systems (SVRS). SVRS detect
any blockage of a drain, automatically and immediately shutting off the
suction to prevent entrapment. To ensure a safe environment, it is also
important for pool and spa owners to install multiple drains, not just
one, in order to decrease the amount of suction at the drain site.
Many pool owners do not take the proper environmental precautions
to prevent accidental drowning.
Installation and proper use of four-sided isolation fencing
could prevent 50 to 90 percent of childhood residential
swimming pool drownings and near-drownings.
In 2005, 50 percent of pool/spa owners said they had
perimeter fencing (fence encloses pool/spa and property), but
only 28 percent reported having isolation fencing (fence
encloses pool/spa only).
Thirty-four percent of pool/spa owners have self-latching
and self-closing gates.
Only 21 percent of pool/spa owners reported having door or
window alarms, and even fewer (7 percent) said they had pool or
spa alarms.
Only 15 percent of pool/spa owners have anti-vortex drain
covers and 12 percent have SVRS.
2) In addition to environmental precautions, parents and caregivers
must actively supervise children whenever water is present.
Unfortunately, many parents do not realize the importance of active
supervision around water at all times. Active supervision means that a
parent or caregiver is giving undivided attention to the child and is
close enough to help the child in case of emergency.
Many parents (55 percent) believe that supervision is
sometimes not necessary when children are swimming.
As children get older, parental supervision becomes more
lax. While 93 percent of parents believe it's necessary to stay
in visual range of a 2-year-old child at all times, this
necessity quickly falls off. By the time children are age 6,
only 80 percent of parents say it is necessary to stay in
visual range at all times. By age 10, fewer than half (42
percent) say the same.
Forty-five percent of parents overall said they talk to
someone else while supervising their swimming child, and 26
percent reported reading a magazine or book while watching
their child.
Nearly nine out of 10 drowning-related deaths happen while
the child is under some form of supervision.
Pool and Spa Drowning
According to a 17-state review of childhood drowning deaths in
2000-2001, most young children (68 percent) were not intended to be in
the water at the time they drowned. However, more children ages 14 and
under die from drowning while swimming in a pool than die from falling
into a pool.
In 2003, 234 children ages 14 and under died as a result of
accidental drowning while in a swimming pool.
Fifty-one children ages 14 and under died in 2003 as a
result of accidental drowning following a fall into a swimming
pool.
Younger children are more likely to be injured or killed as
a result of accidental drowning in pools or spas than older
children.
More than seventy percent of pool drownings or near-
drownings occur among children ages 4 and under.
Nearly forty percent of drownings among children ages 4 and
under are pool-related.
Since 1980, more than 230 children ages 4 and under have
drowned in spas.
Senator Allen. Thank you, Mr. Korn, Mr. Laven, Ms. Baker,
for your testimony. Let me ask a few questions here, one, how
many of these nine deaths that have occurred so far this year,
how many of them were entrapment versus drowning?
Mr. Korn. These were----
Senator Allen. Do you know?
Mr. Korn. Yes. Senator, these were all the common, as I--
the common form of drowning. A child getting unfettered access
to a pool. In most cases, it's a missing child and there's a
panic, there's a search of the neighborhood, and then later,
they search the pool to find either the twins at the bottom or
the other boys and girls that have been found. One of the
things we like to say whenever there's a missing child, the
first place to check: the trunk of the car and the pool before
you start searching the neighborhood. So, those--your comment
is a good one. There have been no entrapments yet, this year.
Senator Allen. Is----
Mr. Korn. That we know of.
Senator Allen. Is--all right. Well, those where they've
drowned in the pool because they couldn't swim--deep end,
whatever it may have been. Is there a difference in the suction
pressure of a spa? I look at them as whirlpools, you know hot
tubs. Is there a difference in the suction in those versus
let's say, a single drain concrete pool? Mr. Laven, you'd
probably know better than any.
Mr. Laven. I think the distinction, Senator, between a pool
and a spa is generally the depth at which the main drain is
located. A typical hopper bottom pool would have eight feet of
water. People aren't prone to sit at the bottom of an eight-
foot deep pool. They are prone to sit in a spa with shallow
water. And that's why we're advocating the use of dual drains
and a variety of methods to prevent suction entrapment.
Senator Allen. Dual drains in these hot tubs, spas as well,
but not necessarily in swimming pools.
Mr. Laven. We recommend they're used in swimming pools as
well.
Senator Allen. All right. How much do these--what's the
cost of a new drain cover?
Mr. Korn. We've seen them in retail anywhere from $30 to
$60, this one right here.
Senator Allen. All right. And Mr. Laven, could those be
fairly easily substituted into any pool drain?
Mr. Laven. I welcome the opportunity to talk about SVRS.
And in fact, I'd like to clarify the industry position with----
Senator Allen. OK.
Mr. Laven.--regard to them. I think----
Senator Allen. Well, I was asking about these drain covers,
but you can get into the SRVSs too.
Mr. Laven. We don't oppose their use. In fact, we support
anti-vortex drain covers and similar drain covers to this, that
Mr. Korn has provided today. They prevent some, but not all
forms of entrapment. We have no concerns whatsoever about the
cost. Cost is not an issue from the perspective of the
industry. There exists a number of effective methods to prevent
entrapment and what we support is a standard that requires one
or more means of protection against all forms of entrapment. We
don't want to specify which one, as innovation will likely
develop an even better method tomorrow.
Part of our concern about the bill that is being proposed
in the House, is that it specifies one and only one method, and
it requires a certain product to be used. And we think that the
direction of the bill is meritorious. We support the objective
of preventing entrapment and drowning, but we believe that
adoption of the industry standards within all 50 states, is a
much better method than what is being proposed in this one
piece of legislation.
Ms. Baker. Mr. Chairman?
Senator Allen. Yes, Ms. Baker?
Ms. Baker. May I speak real quickly?
Senator Allen. Sure. Of course.
Ms. Baker. I just wanted to say----
Senator Allen. Why don't you move your microphone.
Ms. Baker. Is it better like that?
Senator Allen. That's better. Yes.
Ms. Baker. I have some concern about--I've read many things
about reluctance to adopt standards that would be in place
today, because of what might develop tomorrow, that might be a
better means of addressing some of these hazards. However,
everything else I've also read, and googled, and I spent a lot
of time doing all of that, is that those devices over there are
the only ones currently available that are tested that would
prevent entrapment and that's all varieties. Those drain covers
are meant to prevent hair entrapment and make it less likely
for a child's body part or an adult's to be able to seal the
cover.
The SVRS device I believe, is the only device around that
would detect a change in the pressure in the lines, which is
what happens of course when suddenly the pipes are drawing air
instead of water, because they're sealed. Do you understand
that? I believe that's the only device out there that does--
that would shut the pump down. Because you see, when my
daughter was entrapped, I didn't know what was holding her
down. I thought she was being murdered. I thought that she was
wired to the bottom. I'd never heard of such a thing. So, I
wouldn't go running around looking around the yard for what
to--you know what to cut off, as my friend, Mr. Amjad Ghori,
who lost his child 6 months later. That hotel didn't figure out
that it was the pump holding her down. They just--when all this
was going on, they shut the electricity off because they didn't
know any other way to free her.
So, that's why I support this legislation. Because I don't
know if there are any other answers out there. Why would you
not fix a problem today with the tools that you have available,
than to wait until tomorrow when something better comes along?
I assume you'd just do what you can do now to save lives and
make adjustments later when greater innovations come along, to
my way of thinking.
Senator Allen. As I understand it, there's not just one
company that makes these SVRS's, is that correct, Mr. Laven?
Ms. Baker. I think there are lots of them, there would
probably be more if they----
Mr. Laven. I believe there are two, and there may be more.
Senator Allen. Two companies that manufacture them?
Mr. Laven. SVRS, that's correct. But----
Senator Allen. And in the event, that if you had a standard
and it's--Ms. Baker and Mr. Korn may be more familiar with it,
there are a lot of times we set standards and do not make them
technologically specific. It's not necessarily and obviously in
this subject area, but others. You find it particularly in the
area of innovation. That you don't want to say, gosh, this is
the only way, for example, that one will get broadband is by
cable modem. You can get a DSL, you can it wirelessly, you can
get it off power lines. There's a lot of different ways. So,
you don't like to make things, because you don't want to stifle
innovation or creativity.
Now,are there--these are two examples and I'm sure there
are other types of covers--drain covers. There are at least
two, it's been stipulated, companies that manufacture these
cutoff valves. If you do have two drains, supposedly then
there's less suction since they're drawing from two. Those are
just three right there, different sort of approaches that one
would take. I would think a fourth one would be the reality
that in a swimming pool that is a concrete pool or as opposed
to a vinyl liner pool, and vinyl pools as I understand it, have
no bottom drain in them. I suppose they could.
But isn't also true, that if you use the cleaning--for the
cleaning of it, you can use it off of your skimmers. Most pools
have at least two skimmers on them and you do have that tube
that goes through it. And I suppose, somebody could get all
tangled up in the tube, as well. Life has its risks in living,
which is part of the adventure of life.
However, if there are reasonable approaches that can be
taken to protect lives, whether it's these covers or in the
future, say future pools as opposed to retrofitting, new pools
being made have these--something like a suction relief approach
or SVRS's as we call them. What would be wrong with that? Or
also, allowing any other methods, Mr. Laven, in the standards
that would--In other words, you can say those for examples and
they're not exclusive, but they're included as well as any
other approaches which would meet that same sort of goal, as
shutting off suction if there's that interruption of a human
being.
Mr. Laven. The ANSI standards adopted by the Pool and Spa
Industry Association provide for a variety of methods that are
equally effective to the SVRS device. And that includes: dual
drains, anti-vortex covers----
Senator Allen. That's what that would be considered--an
anti-vortex cover, right?
Mr. Laven. Yes. That is one.
Senator Allen. Just for the record.
Mr. Laven. That's one design of an anti-vortex cover. Air
relief plumbing is another alternative.
Senator Allen. What is air relief plumbing?
Mr. Laven. Air relief plumbing is where a section of PVC
pipe is attached to the drain line and it would provide that
when the cover--and it goes to daylight, it's out in the--above
ground level. So that when entrapment occurs on the drain, air
is drawn into the line and it stalls the prime of the pump. And
therefore, it is an effective method and a cost-effective
method as well, avoiding entrapment and providing a release.
Pool covers, automatic pool covers are also effective
methods to provide for avoidance of drowning in residential
swimming pools. And as we said, we want to allow for the
possibility of other designs to enter the market at some point
down the road. But my point here, is that there are currently
available designs, in addition to the ones that are stipulated
in that legislation.
Senator Allen. All right. Now, would there be a way of
drafting legislation? This is the value and purpose of
hearings, is to learn. So that in the event that the government
acts, it acts in the right way and doesn't end up stifling
innovation or having certain winners or losers in the midst of
an effort to save folks. And I do like, if anything's going to
be done, just personally, I'm speaking for no one other than
myself, incentives. The .08 laws, the mandatory seat belt laws,
and all that--I do not consider those incentives. I look at
those as blackmail of the states. I'm for .08 blood alcohol
level. We passed it when I was Governor. We don't need the
Federal Government dictating that to the states, as far as I'm
concerned. You and I would probably disagree, Mr. Korn. But, I
just don't like nanny Federal Government bothering in those
areas and I think there are more important things for law
enforcement to worry about than our laps driving down the road.
Although, there is a difference for children and that's
probably one of the things that is most compelling here, and
that is children. And if anything is going to be done, it ought
to be an incentive as opposed to withholding of highway funds
in the usual sort of blackmail you get out of the Federal
Government over the years on a variety of approaches. And I'm
not going to be a part of blackmail. I want to be for
incentives.
Now, if we're going to have incentives, let's make sure
this makes sense. Wouldn't Mr. Laven's statements, as far as if
we're going to pass legislation with incentives for the states
to do--by the way, what they ought to be doing anyway whether
you're in Florida, whether you're in California, Texas,
Arizona, Virginia, or Maine, you ought to be doing what is
right.
And I would think that insurance companies are going to
care about this. I would think that those who are in your
industry, not wanting to get sued by not putting in the most--
and whoever works on a pool--by not putting in the most safe
products or designs. Especially for henceforth or new pools.
Would you not think that, Mr. Korn, if we could somehow get you
two together and figure out a way--I don't know. Maybe there is
no way of getting you all together and agreeing, but I think
that you both share--all of us, every--all the witnesses and
probably everyone in this room and I know Senator Pryor and I
agree that we ought to try to find ways to improve pool safety.
It will not make it absolutely safe.
Being in water is inherently an adventure, just like riding
a horse is an adventure. And people get injured riding horses,
they get injured swimming, diving, and all the rest. I don't
care to prevent it.
But is there a way to meet what Mr. Laven is saying? And
that is, have a goal, but not proscribing the specifics. You
may include them, but not create liability and more
importantly, to the extent there are more--there are additional
approaches in the future, that they would be included in those
standards adopted by the states.
Mr. Korn. Senator, what you are referring to is what's
referred to as a performance standard.
Senator Allen. Uh-huh (affirmative).
Mr. Korn. Where you have a goal of preventing entrapment,
having pumps shut off immediately. You describe those goals and
you allow the industry moving forward to meet that goal. Right
now, we've got several products that meet it. But in the
future, there could be something better. So, you work toward
that performance-based standard and that's a possibility to
look for. It's something that the CPSC can do and they do
regularly.
Senator Allen. So, it sounds to me, that you're in somewhat
of agreement, if not in agreement with what Mr. Laven's
concerns were with at least, in how this legislation is being
crafted on the House side.
Mr. Korn. I draw the analogy to the requirement for seat
belts. It didn't prevent us to do it and air bags came later.
Today in the marketplace, we have things that work: layers of
protection. Let's utilize those layers of protection to save
lives, and keep us flexible, and open as industry creatively
thinks of new engineering and behavioral advice to prevent
children from dying. So, that's how we kind of think about it.
And we think the bill does get to that point.
Ms. Baker. Chairman Allen, I'd also heard of a pool--I
heard someone from the industry speak at a Drowning Prevention
Symposium, who said, what about a pool with no drain? You know,
there was a pool designed with no drain at all. Superb.
Senator Allen. Right.
Ms. Baker. I don't know that those pools are built.
Senator Allen. They are.
Ms. Baker. I haven't seen them. Too often----
Senator Allen. They are.
Ms. Baker. But again, does that avoid the entrapment issue?
Yes. No drain. No entrapment.
Senator Allen. Ms. Baker, I've talked to some folks who
actually--of course they have the vinyl liner pools and they--
if anybody wants a bottom drain on it, they simply aren't going
to put them in. The cleaning, they believe can be done--Mr.
Laven, can you give me the terminology for the suction?
Mr. Laven. There are wall drains as well as bottom drains,
and there are pool cleaners that I think we were referring to
before. But, the point of fact is----
Senator Allen. They go off the skimmer or off the side, as
opposed to----
Mr. Laven. Yes. Cleaning devices that operate from the
skimmer, by attachment to the skimmer.
Senator Allen. Right. And no one's been sucked into a
skimmer.
Mr. Laven. That's correct.
Senator Allen. Plenty of frogs and such, but not humans.
Mr. Laven. The industry shares the goal of avoidance of
drowning and we will work hard with both Ms. Baker, and Mr.
Korn, and his agency to further that goal.
Senator Allen. Do you know of the folks who are in your--
the contractors who would prefer to have construct pools that
don't have a bottom drain? Isn't that the case with most of the
vinyl liner pools, as opposed to a concrete?
Mr. Laven. I actually believe that the majority of vinyl
liner pools being constructed today, do contain dual main
drains. However, I'm aware in many locales, that pools are
being built without any main drains and that is perfectly
acceptable within the framework of the current standard that
was ANSI-approved.
Senator Allen. Senator Pryor, do you have any questions?
Senator Pryor. I do. I just have a few. Thank you, Mr.
Chairman. Mr. Korn, let me ask you, I guess it's kind of a
legal question and that is, do you think that the CPSC has the
jurisdiction to mandate the safety devices on pools and spas
without any more State or Federal law?
Mr. Korn. I do. The CPSC reauthorization statute defines
consumer product, which is the jurisdiction of the CPSC, very
broadly. It's basically, any product used in homes, schools,
for personal use, or for entertainment. I think a swimming pool
can be considered a product by that definition. That
definition, I believe, can if the Committee wants to explore
that route, give the CPSC jurisdiction to mandate or child-
proof pools the same way you might child-proof a cigarette
lighter, which now has to have child proofing on it. Or a
medicine bottle, which is--the CPSC has jurisdiction over
those. So, I do believe that's the case. It's a very broad
authorizing statute. And I think swimming pools would fall
under that definition.
Senator Pryor. All right. Let me just ask, just out of pure
curiosity, as far as I know, Johnson & Johnson is not in the
pool and spa business at all, but they're supporting this. Is
there something I need to know about?
Mr. Korn. Yes. They do do Band-Aids. That doesn't help in
this situation, Senator. We've been working with Johnson &
Johnson for 19 years and I've been working with them for 12
years. And quite simply, I'll just be frank. It's a company
that cares about protecting kids and they have been funding us
and lending us their expertise for years to help us prevent
kids from getting injured, finding their ways to emergency
rooms, or worse yet, coffins. And they were motivated, like us,
by the Baker story, and pool drowning in general. And we get
their help to move forward with this and we sure are
appreciative of it.
All that you've seen in the past few days, is in part,
related to their support for what we're doing.
Senator Pryor. I just didn't know if they had a connection,
other than just----
Mr. Korn. Yes.
Senator Pryor.--wanting to do it, because it's good public
policy. Mr. Laven, if I may, I asked a few moments ago about
the CPSC jurisdiction, do they have the authority right now to
put in some of these requirements? Do you have an opinion on
that?
Mr. Laven. Oh, the industry trade association has worked
with the CPSC through the last several decades and we would
continue to support their promotion of the awareness and
education of these issues, and we would look forward to working
with them on any recommendations that they want to put forth.
Our goal is to prevent drowning in backyard swimming pools,
simply stated. And any attention that we can bring to the
subject is welcome.
Senator Pryor. So, do you think they have the authority
right now to put requirements out there on swimming pools?
Mr. Laven. I don't know the answer to that question, sir.
Senator Pryor. OK. That's fair enough. Well, tell me, if
you can, the difference in the CPSC guidelines and the American
National Standards Institute's standards. Can you give us a
very brief rundown on that?
Mr. Laven. I can speak to the American National Standards--
--
Senator Pryor. OK.
Mr. Laven.--process. They review--there's a drafting
committee that is developed of members of our trade association
and comments are then submitted to a wide variety of reviewing
agencies and individuals who are referred to as a canvass list.
And that includes: representatives of CPSC, American Red Cross,
CDC, National Sanitation Foundation, UL, Public Health
Officials, universities, and other interested parties. And they
are all free to comment on any of these proposed standards. And
ultimately, any comments that they make have to be re-
circulated and those issues resolved, before a standard can be
adopted utilizing the ANSI process.
As I said in my oral testimony, we have eight standards
that have gone through that process--that rigorous process and
have been adopted. And one is in a draft mode today.
Senator Pryor. OK. Let me ask if I can, about SVRS. I
assume, I mean I don't know if that's the entire SVRS apparatus
there laying on the witness table, but I assume they can be
retrofitted on the pools, is that a problem?
Mr. Korn. Yes. To my understanding, it can. Yes. But--now,
I know it can.
Senator Allen. Mr. Laven, is that right?
Mr. Laven. I believe that's correct.
Senator Pryor. You can just retrofit them on there? Just
whatever existing pump machine or either somehow to attach them
to an existing pump? Do you have a sense, Mr. Laven, about how
expensive it is--parts and labor, to retrofit a swimming pool
with one of those?
Mr. Laven. I don't. But again, this is not an issue of
cost. From the perspective of the industry, we are fully
supportive of measures to prevent drowning and entrapment. And
we believe that the methods that are currently embodied in our
standard today, do so. And the use of a mandated device, such
as this one, is not the only method to prevent entrapment.
Senator Pryor. Mr. Korn, do you have a sense of how
expensive it is to retrofit a pool?
Mr. Korn. I think some of the manufacturers in the room,
they tell us it's about $725. You can find that at the retail
level.
Senator Allen. Is that parts and labor?
Mr. Korn. I believe so, yes.
Senator Pryor. The reason I ask about cost, I know when you
look at it as an industry that's a very small cost, very small
price to pay for the overall safety that you're getting in
return. But it is a real cost for the homeowner, and I'm just
trying to get a sense of how expensive something like that
would be.
Also let me ask you, Mr. Laven, if I can, I have your
little booklet here, a little brochure entitled, ``Layers of
Protection,'' and you have a diagram in there where you list
out--looks like about 14 different layers of protection. And I
mean, these range from anything from having an outside
telephone, to having an automatic cover that goes over the
pool. Is it your testimony that this brochure is the ideal that
a homeowner's pool should have all these layers, or should they
pick and choose and have some? Tell me the industry position on
that.
Mr. Laven. Well, Senator, it's our position that one size
does not fit all. There are a variety of methods that are
effective in preventing drowning and/or entrapment. And the
objective of this piece of literature is to demonstrate to
consumers a variety of these techniques and to work with them
based on their needs, the age of their family, if they have
young children or they do not, what kind of installation they
want, and which of these available methods they choose to
utilize.
A swimming pool is not a prepackaged product. It's not as
if manufacturers can require and attach all of these products
to them at the factory. The reality is, they are built onsite
and in fact, each in-ground swimming pool is unique and
different. And what we're recommending is a variety of these
methods be analyzed and discussed with each homeowner to meet
their needs.
Senator Pryor. And in fact, in this, I'm not sure I see the
SVRS. It may be buried in here somewhere in the text, but it's
not jumping out at me. But let me ask this from the industry
standpoint, here again in this, I know it's a brochure and it's
really to give some general advice to the pool owner. There are
14 different things listed in here, plus I think--well, I would
say we should add the SVRS on there, so, let's say there are 15
options that people have. Does the industry have a
recommendation on going with 4 out of the 15 or 8 out of the
15? Is there a generally acceptable standard within the
industry of what you should be selling to homeowners as they
put in swimming pools?
Mr. Laven. The industry urges the adoption of its ANSI-
approved standard in all 50 states. The fact remains today,
that states have the choice to accept the standard, or not
accept it, as do local localities, that we can help avoid many
of these tragic events if more states adopted them and more
localities adopted our standards. Many of these events are
occurring in places where there is no adoption of the APSP
standard today.
Senator Pryor. All right. Let me ask this, we've seen some
covers here on the witness table and as I understand it, some
of these flat drain, these more traditional style drain covers,
are still being manufactured and sold in the U.S., is that
right?
Mr. Laven. I'm not familiar with any flat drain covers
being sold today. Everything that I have seen in our trade
shows, and that is being used on swimming pools that I visit
each day, are anti-vortex, main drain, domed covers, covers
that prevent entrapment completely.
Senator Pryor. Well, that's what I like to hear, because
that sounds like the marketplace is trying to address something
in a very common sense way. And also--and this will be my last
question, Mr. Chairman, is the Pool and Spa Safety Act--you
mentioned that one of the problems you had with it was the fact
that it might prefer one product or one technology over other
options that may not even exist today, that may come in the
future, and I certainly respect that. But, what other problems
do you have with that act? Is that the only problem that you
feel like it sets up a preference for a few existing
technologies, or do you have other problems with it?
Mr. Laven. No. My primary concern about SVRS is that I
personally am aware of one company who has a patent, and is
promoting their methodology, and who is supporting this
particular piece of legislation. And as an industry trade
association, the brochures and the things that we do, don't
select one manufacturer at the expense of others. We recommend
a variety of methods be used, provided that they accomplish the
objective of ensuring avoidance of entrapment.
Senator Pryor. Mr. Chairman, I think that's all I have.
Senator Allen. Thank you. As we move forward here, do you--
if any of you all, and probably Mr. Laven and Mr. Korn would
know the most, but it would seem to me that if people have a
swimming pool at their house, insurance companies and
potentially the lenders, but more and more likely, insurance
companies are going to require certain safety matters.
I wanted to get my kids a trampoline and then found that
insurance companies said, well, we're just not going to cover
it. And you know, kids get injured on trampolines. They are
great fun, but kids and neighbors come in, and they're all
bouncing around, and one could bounce off and be injured, you
get sued. So, we couldn't get a trampoline.
Even in a dryer, the insurance company said well, if you're
going to insure this dryer, you have to get a metal exhaust
hose, so that it stays in place, as opposed to one that is
plastic, breaks and then you get the exhaust, so to speak, out
of the dryer. And so, a lot of the times insurance companies
are requiring this.
Do you know of insurance companies' reactions, or policy--
what they require of policyholders that have swimming pools in
their backyards? Mr. Laven or Mr. Korn, and whether or not for
example, if they're going to be worrying about someone's dryer,
or do they worry about, or do they inspect to see if there are
those drain covers that are vortex, so that hair and humans
can't be sucked into it? Do you know of any of that?
Mr. Korn. My guess, Senator, and it's just that, is no. We
even see a disconnect between what are commonly accepted safety
devices or the drain covers, and as you get down to the pool
service side, just the awareness is not there yet. So, I don't
know for sure. My guess is no, but we do have a lot more
education to do and the insurance companies would be one of the
people we want to communicate with.
Ms. Baker. Mr. Chairman?
Senator Allen. Yes?
Ms. Baker. Since I'm from Virginia and at my old home we
had a pool, the insurance requirement was for three-sided
fencing----
Senator Allen. Uh-huh (affirmative).
Ms. Baker.--to prevent anything from the outside--a bird
coming in, but the pool in this older home that we had bought,
had originally flat drains and there was never any--I didn't
know anything about entrapment but there were no requirements
around the drains, or how it was plumbed, or--there was none of
that.
Senator Allen. Mr. Laven, what do you know about what
insurance companies----
Mr. Laven. I am not aware personally, of any insurance
companies being vocal on the topic of SVRS, or drain covers, or
things along the lines of entrapment. As tragic as the Baker
family loss is, it is the most infrequent of the types of
safety issues that our industry faces everyday. We find far
more drownings, as Mr. Korn has pointed out, than entrapments.
And we are also faced with diving injuries.
I am aware of some insurance companies and some markets,
being vocal on the issue of diving boards. But that's the only
item that I am familiar with, sir.
Senator Allen. All right. This is the reason for a hearing,
to learn from all of you, as well as our first panelist, as to
what would be appropriate. I look at the Pool and Spa
Entrapment Hazards Checklist from the Consumer Product Safety
Commission, and it's called entrapment, but it may be the
checklist and it's just because we're not as conversant with
it. But if you look at this, it just says, proper suction drain
covers installed if applicable, SVRS or other device tested in
operational according to the manufacturers instructions.
It strikes me as what they have is pretty broad. It may not
even be specific enough, but it is fairly broad in that there
is a checklist as far as the Pool and Spa Entrapment Hazards
Checklist. And this is to be checked: the filter room in pool
before filling and after periodic maintenance and cleaning
procedures.
Mr. Korn, have you looked at these guidelines? This is from
March of last year.
Mr. Korn. Yes. And I think some of the other consumer
education pieces produced and published by the CPSC talk about
these layers of protection. All four of them matter of factly:
four sided fencing, isolation fencing, other things that you
mentioned, pool alarms and so forth. The SVRS systems, the
anti-entrapment drain covers, and the dual drains. So, the
checklist is fairly consistent with what they're doing from a
community education basis. By the way, we think we could do a
lot more on this issue, but the items are contained in there.
Senator Allen. Mr. Laven, in the event that we act, if
we're going to act, from--and I'm speaking for myself, I think
that it should be one that is--we're concerned about entrapment
from a variety of different ways. And there are a variety of
different ways that this suction cutoff can be handled. I would
think that retrofitting is easier than digging in another hole
or another pipe. Although that may work, particularly for new
construction. And there may be others, who knows what will come
up in the future? So, let's assume that we're going to move one
way or the other, and we're going to consider this, because I
know that Senator Pryor and I always want to think of every
angle and what's the best approach? And we don't like to stifle
innovation. But we don't want to have people not enjoying pools
or making them so costly that fewer people can enjoy pools or
spas. But in the event that we adopted an incentive program to
the states which have these broad approaches, would your
association be favorably inclined for such legislation, a
broader approach with goals, as opposed to what is going to be
introduced in the House which is too narrow and impedes
innovation, in your perspective? And in fact, Mr. Korn was
talking about this. Could you be supportive of that sort of an
approach?
Mr. Laven. The Association of Pool and Spa Professionals
would welcome the opportunity to work on that piece of
legislation, to make changes, to make improvements, and to
bring more attention to this issue. Yes, Senator. We would
definitely appreciate the opportunity to be heard on the topic
and to make improvements in that particular piece of
legislation, and to provide incentives for the states as that
contemplates, for adopting pool and safety measures.
Ideally, our solution would be the adoption of the ANSI-
approved standards that we have, which we believe encompass all
of the items that are in that current bill.
Senator Allen. The bottom line, I don't want to put words
in your mouth, because it's important what you answer here,
because you're representing a large association, a diverse
association across this country. The point is, is that this
sort of broader concept incentive approach, if properly
crafted, could ultimately have your support. And of course
we're going to have you involved, and Ms. Baker, and Mr. Korn,
and many, many others including the Consumer Product Safety
Commission, in crafting any sort of legislation. The point is,
this concept as I outlined it, ultimately could have your
support.
Mr. Laven. Absolutely, Senator.
Senator Allen. Thank you. That's good. Let me just say one
thing and this is off the subject, Mr. Korn. I--and since you
care about kids, and some kids are still in their mother's
womb, I understand that these hot tubs are not desirable for
pregnant women. Would you like to make any comment on that from
your knowledge?
Mr. Korn. I don't know myself, the medical benefits. I have
spoken to a spa inspector who told me, for what it's worth,
that a pregnant woman does not want to get into a hot tub. It's
been a while since I've had to focus on that situation myself.
I was----
Ms. Baker. Chairman Allen?
Senator Allen. Yes?
Ms. Baker. I once was pregnant----
Senator Allen. All right.
Ms. Baker.--and my doctor said, the heat is not good and
the chemicals in the water are probably also, not good. Don't
quote me on it. Quote my doctor.
Senator Allen. Now we just have two television cameras here
and this is recording us--along with a stenographer, court
reporter. One of the values of this Committee I have found, is
just simply educating people as to certain risks. And I think
people, if they are educated as to the risks, will for the most
part, show common sense notwithstanding what any level of
government does. But that's one thing people would say, oh my
goodness, what's the worry? But, there is a worry with it.
So, do you have any further questions?
Senator Pryor. No, thank you.
Senator Allen. Well, if there are no further questions, I
want to thank all of our witnesses, including Ms. Elder, for
your testimony. I do think that we have--to the extent that we
have reporters and others watching this hearing, in fact, just
holding this hearing got a lot of media attention, which has
gotten the attention of parents who think of their own children
and what you went through, Ms. Baker. And I'll tell you, the
heartbreaking, heart wrenching story, which took a lot of
bravery on your part to recount this time after time, is making
sure that they'll not be other children, they may not be named
Graeme, but other children that will not lose their lives in
such a horrendous, frightening approach obviously for the child
and for their parents.
I think we've also heard a reasoned analysis here, and
there seems like there is an area of consensus where we can
come together and craft if there's going to be legislation. And
I suspect there may be. But, one that makes sense for those who
are most knowledgeable in the industry, coming up with
standards, which are not so restrictive that it thwarts
creative ingenuity and innovations. And I think if we can get
the three of you all together, and the CPSC, and Senator Pryor
and I, we work in a nonpartisan, bipartisan basis. I look
forward to doing so. And I thank you all. You've really brought
to light a concern, but also shed light on where we need to go
into the future.
I thank all of our panelists for your preparation, for your
time, and we'll also continue to be working with you in the
weeks and months ahead to craft appropriate effective
legislation to prevent and avert future deaths or injuries in
these spas or pools.
Thank you all and the hearing is adjourned.
[Whereupon, at 4:40 p.m., the hearing was adjourned.]
A P P E N D I X
U.S. Consumer Product Safety Commission
Bethesda, MD, May 5, 2006
Hon. George Allen,
Chairman,
Hon. Mark Pryor,
Ranking Member,
Senate Subcommittee on Consumer Affairs, Product Safety, and Insurance,
Commerce, Science, and Transportation Committee,
Washington, DC.
Re: Pool Safety
Dear Senators:
Thank you for inviting a representative from the U.S. Consumer
Product Safety Commission (CPSC or Commission) to testify before the
Subcommittee on Consumer Affairs, Product Safety, and Insurance at the
May 3, 2006 hearing on Pool Safety. As you know, drowning hazards have
been an issue of concern to the Commission for decades, and your
hearing was an important step forward in further alerting the public to
the serious risks associated with children and pools. This letter is
intended to supplement the testimony of the CPSC at the hearing.
As you know, the Commission has been active in identifying and
publicizing the risks related to pool drowning and drain entrapment and
has issued detailed safety information and guidelines on how to
reasonably mitigate these hazards. (These guidelines were submitted to
the Committee for the hearing record.) The purpose of the guidelines is
to provide information, awareness, and recommendations on pool safety
for consumers and others to attain ``layers of protection'' against
entrapment and other pool hazards.
Pool construction is subject to a wide variety of state and local
regulatory authorities. The scope and detail of such regulation varies
widely not only from state to state but often within each local
subdivision in a state. Many pool construction requirements, including
safety features, are adopted in local building codes and include
requirements for and inspections of pump and filter systems, skimmers,
drain covers, and perimeter security. The Commission's guidelines
related to pool barrier safety and entrapment consider these competing
jurisdictional issues.
At the hearing on this matter, an inquiry was made as to whether
the provisions of the Commission's guidelines can be made mandatory by
the Commission. It is unclear whether all of the recommendations may be
made the subject of mandatory regulations promulgated by the
Commission. As discussed, the subject matter of some of the guidelines,
such as those that relate to construction issues, are covered by state
and local jurisdictions. Because of the multiple jurisdictions involved
in this area, the Commission has historically issued and recommended
guidelines dealing with this subject matter so those entities that have
jurisdiction in each area may act accordingly toward the goal of saving
lives and preventing injuries.
The Commission remains committed to continuing its aggressive pool
safety activities by performing research, conducting public education
and awareness campaigns, investigating new technologies, promulgating
safety regulations where appropriate, and working with all stakeholders
to save lives and prevent injuries.
Jack Horner,
Director, Congressional Relations
______
Prepared Statement of Maureen Williams, President, National Drowning
Prevention Alliance (NDPA)
Toddler Drowning in the U.S.--A Preventable Tragedy
Tragically, drowning is the number two cause of accidental death in
children under age 5 in the United States. Many years, it's the number
one cause of accidental death of toddlers in the Sunbelt states. In
children ages 1 to 5, the majority of these drownings take place in
residential swimming pools.
Yet, drowning is a totally preventable tragedy that takes a huge
toll in lives lost and families destroyed. The loss of a child from any
cause is difficult to endure, but in the drowning of a child, the guilt
factor is often insurmountable. In a traffic collision, others may be
perceived to be at fault. In a drowning incident, the caregiver who was
supervising the child at the time of the incident must reconcile how a
perfectly healthy, happy toddler who was in his room watching a video
five minutes earlier is now dead. The divorce rate among parents of
children who have drowned has been estimated to be as high at 98
percent.
The costs associated with toddler drownings, however, go far beyond
the emotional toll. Many children who succumb to drowning have first
spent days in the hospital on life support. Care for children who
survive drowning incidents with significant brain damage, and who live
into adulthood, must frequently be paid through Medicaid, either
because the parties involved are uninsured, or the insurance cap has
quickly been reached.
In an Australian study (J. Paediatric Child Health 2003), it was
determined that neurological damage at discharge following near-
drowning was reported in 7 percent of children under 5 years. In the
U.S., the CPSC estimates that 2,600 children survive a drowning
incident each year. If 7 percent of these children survive with
neurological damage, that is 182 children per year that most likely
will need some degree of care throughout their lives.
Nadina Riggsbee, a board member of the National Drowning Prevention
Alliance, knows the costs firsthand. Her son JJ was revived after a
drowning incident over a quarter of a century ago in which his sister
lost her life. For many years, JJ Riggsbee has been unable to
communicate in any manner and has required 24-hour-a-day nursing care.
Nadina has been a tireless crusader for drowning prevention since
her children's 1979 tragedy. With the cooperation of the California
Department of Developmental Services, she has calculated that there are
presently over 600 drowning survivors in California State Hospitals and
community care facilities including private homes. The cost of nursing
care for the vast majority of these patients is paid by Medi-Cal,
California's Medicaid program. For those being maintained with a level
of care similar to JJ Riggsbee, the cost of nursing care averages
$17,000 a month, which equates to $204,000 per year. Multiplied by 600
patients, this care is an astronomical $12,240,000 per year.
This figure does not include periodic visits to acute care
facilities for the treatment of pneumonia, a common occurrence with
those who've suffered this type of injury; durable medical equipment
such as custom wheelchairs at up to $8,000 each (many of these patients
``posture'' due to the brain injury, and cannot use a regular
wheelchair); respiratory care, physical therapy, medication,
respiratory equipment, etc.
And these children are still entitled to an education, so states
must fund special education instructors, specially equipped buses to
transport them to school, nurses or aides to accompany them, and many
other accommodations that must be made to ensure an equal opportunity.
The statistics above reflect just the yearly cost in California.
Toddlers drown in every state in the union. It happens more often in
Arizona, California, Florida, Nevada, Texas, and other states where the
weather is warm year-round, but states like New York and Washington
also have serious childhood drowning problems.
The reality is, drowning doesn't just happen, like childhood
leukemia, it's a preventable injury.
The best prevention is ``layers of protection'' around every
residential and community swimming pool, with the most effective layer
being four-sided isolation fencing surrounding the pool.
Many drowning studies documenting the effectiveness of isolation
fencing have come out of Australia, as it was one of the first
countries in the world to have adopted stringent fencing legislation.
Because of this, researchers have been able to document a significant
reduction in toddler drowning rates before and after this legislation
was introduced.
U.S. studies include a report published by the Arizona Child
Fatality Review Program, ``Data on Child Drowning Deaths, on April 7,
2003 (see www.childrensafetyzone.com).
The team studied the drowning death reports of 269 Arizona children
under 19 years of age that occurred from 1995-2001. The study says,
``There were only six deaths that occurred in backyard pools in which
it was known that there was an adequate pool fence that had a properly
functioning locked gate. In at least two of these six, the child had
access to the pool from a doggie door.''
The study goes on to say, ``The ACFRP determined that supervision
of the child and pool fencing could have prevented 90 percent of the
drowning deaths that occurred in backyard pools.''
Adding other types of barriers, such as alarms and automatic pool
covers, can provide additional layers of protection that can buy the
caregiver the few minutes needed to re-establish eye-to-eye contact
after a momentary distraction such as answering the door or phone,
cooking dinner or even checking e-mail.
The National Drowning Prevention Alliance (NDPA) supports the
passage of legislation to require layers of protection and entrapment
prevention devices for every residential swimming pool in the country,
whether a permanent pool structure, or a large inflatable pool.
The NDPA was formed in early 2004 to maximize efforts to prevent
drowning through the development and implementation of strategies to
facilitate and improve education, public awareness, effective barrier
codes, and greater utilization of layers of protection.
This national organization is comprised of individuals,
organizations, government agencies and corporations who have the common
goal of saving lives. The NDPA board of directors includes four parents
of children who have drowned along with representatives of numerous
public agencies involved in drowning prevention. See
www.preventdrowning.info for further information. Thank you for giving
us the opportunity to submit this written testimony.
______
Prepared Statement of the National Swimming Pool Foundation'
Thomas M. Lachocki, Ph.D. and CEO of the National Swimming Pool
Foundation based in Colorado Springs, Colorado, is submitting the
following testimony on the Pool and Spa Safety legislation submitted by
Representative Debbie Wasserman Schultz of Florida.
It is important that Federal guidelines on pool safety be adopted
because there is such a disparity on jurisdictions from state to state.
Adoption of these guidelines will help provide uniformity and prevent
unnecessary deaths due to drowning or injury.
We applaud and endorse Congresswoman Wasserman Schultz and her
supporters, who are proposing national legislation to reduce drowning
and entrapment. We believe the proposed legislation should include
support for broader efforts. We urge Congress to enact legislation that
rewards states who impose measures to:
1. Prevent drowning
2. Prevent entrapment
3. Prevent recreational water illness (RWI)
4. Require training and certification for people who operate
and service public and private pools
5. Earmark $5 million to the CDC Healthy Swimming Program,
which would include efforts to prevent drowning, entrapment and
illness
NSPF'
The National Swimming Pool Foundation' (NSPF'
) is a 41-year-old non-profit 501(c)(3) organization committed to
improving public health by encouraging healthier living through aquatic
education and research. NSPF' is the leading educator for
pool and spa professionals who service and operate public and private
pools and spas and for public health officials who are responsible for
pool safety. NSPF' trained about 20,000 people in 2005,
certifying 17,000. NSPF' has certified over 182,000 pool
operators to date. The foundation is the leader in funding grants to
prevent illness and injury, including a grant to the CDC to reduce
recreational water illness. For over 30 years the NSPF' has
also funded important and recognized research to understand and
ultimately prevent suction entrapment. NSPF' organizes the
leading scientific conference to prevent injury and illness in pools
and spas, the World Aquatic HealthyTM Conference. The Board
of Directors of NSPF' voted to fund $650,000 in grants for
2006, a 30 percent increase over 2005. NSPF' funds grants to
help reduce risk at aquatic facilities and has funded the CDC's Healthy
Swimming Project for three consecutive years. The Foundation also is
the largest funding source for grants to study the aquatic health
benefits, having allocated $247,000 to Dr. Bruce Becker, Washington
State University, to study the benefits of deep water exercise.
Additionally, NSPF' has approved matching grant funds for
Dr. Becker to study the cardiac health benefits of immersion in hot
tubs.
Rationales 1 and 2--Prevention of Drowning and Entrapment
The Federal Government should reward the states that implement
legislation including dual main drains, anti-entrapment covers, and
other means selected by the health department based on current
available technology. We recommend legislation not dictate specific
measures since new safety technologies are constantly being introduced.
Also, the state health departments are most qualified to select which
levels of protection are most adequate to protect against drowning,
entrapment and illness.
Rationale 3--Prevent Recreational Water Illness (RWI)
The CDC records the number of people affected in documented RWI
outbreaks. The undocumented numbers are certainly much higher. The last
CDC report (2001-2002) demonstrates approximately 1,500 people per year
in the United States are affected by RWI. The CDC reported at the 2005
World Aquatic HealthTM Conference that approximately 5,000
people were affected in 2005.
Rationale 4--Require Training and Certification for Persons Operating
and Servicing Public and Private Pools
Only 19 of 50 states require people who care for swimming pools and
spas to have achieved a basic knowledge in certification via a two-day
training and certification class. Unfortunately, 31 states have no such
provision in their laws. Lack of education for people who service
residential pools as well as operate public pools invites shortcomings
that can result in drowning. entrapment, illness, or other injuries. It
is imperative that minimum education standards be dictated to help
protect the public.
Rationale 5--Earmark $5 Million to the CDC Healthy Swimming Program.
The CDC has been working to prevent RWI through its Healthy
Swimming Program. To support this program, which would include efforts
to prevent drowning, entrapment, and illness, NSPF has provided grants
over the last three years. These charitable funds have been donated in
part due to the absence of a Federal mandate to fund programs that
prevent drowning, entrapment, illness or other injuries at recreational
water facilities. It is important that some funds be dedicated to this
critical task to insure the American public can benefit from healthy
activities in the water. These water activities help to prevent
obesity, heart disease, Type II diabetes, and other maladies that
result from a sedentary society.
We respectfully request that Congress enact legislation that
provides financial incentives to states that implement codes that
prevent drowning, suction entrapment, and recreational water illness
and that promote education. We recommend the following:
1. At a minimum, the legislation should either remove all
direct suction from the pool or spa, eliminating the risk of
entrapment.
2. In the event that the pool or spa does have direct suction,
dual main drains with an approved anti-entrapment cover should
be required. Any additional levels of protection for entrapment
or the approved levels of protection to prevent drowning should
be determined by the state health departments, based on the
most current information and technology available.
______
Prepared Statement of Gary S. Duren, President, Code Compliance, Inc.
I am pleased to submit this written testimony for the
Subcommittee's May 3 hearing on pool safety. I want to commend the
Chairman, Senator George Allen, and the Ranking Member, Senator Mark
Pryor, for holding this hearing.
I am a member of the American Society of Mechanical Engineers A112
Plumbing Materials and Equipment [Standards] Committee (ASME A112 Main
Committee) and currently serve as the Project Team Leader/Chairman for
the Safety Vacuum Release Systems for Pools and Spas Project Team (PTL
A112.19.17) and as the Deputy Project Team Leader/Vice Chairman for the
Suction Fittings For Use in Swimming Pools, Wadding Pools, Spas Project
Team (DPTL Vice Chairman A112.19.8)
In 1999, I was appointed by Florida Governor Lawton Chiles as a
Member of the Florida Building Commission, Plumbing and Gas Technical
Advisory Committee (FBC Plumbing and Gas TAC). This TAC has
responsibility for swimming pool codes. I currently serve in this
capacity having been reappointed to additional terms by Governor Jeb
Bush.
Background
If asked ten years ago would there ever be a coast-to-coast model
building code, much less a plumbing or mechanical code? The answer
would have likely been, ``not in our lifetime''. When looking at the
current state of model codes available in the U.S., it becomes clear
that writing a true national model for any of the code-disciplines is a
monumental undertaking. However, the International Code Council (ICC)
and its I-Codes are now reality and most authorities having
jurisdiction around the U.S. are beginning to utilize the I-Code models
as the basis for their individual building regulations.
The entire ICC code development process is totally dependent on its
volunteer system. It is an outstanding example of how it really works
when self-determination and self government are left intact. We can be
very proud of all of those state and local governments, contractors,
architects, engineers and plain ole individuals who sacrifice their
valuable time for the noble purpose of a coast to coast set of model
codes.
How could all of this consolidation have occurred in such a
relatively short time frame? It was due to three primary factors:
1. No One Wanted ``Big Brother'' in the Code Business.
In the late eighties and early nineties it appeared that ``Big
Brother'' was looking to get into the building code business. Everyone
actively involved in the industry knows that having the Federal
Government write building codes is the last thing we wanted to see.
In November of 1989, President Bush (Sr.) announced his HOPE
initiative, he asked HUD Secretary Jack Kemp to appoint a blue-ribbon
commission to study government regulation that drive up housing costs
for American families.
Acting on this request, Secretary Kemp created an Advisory
Commission on Regulatory Barriers to Affordable Housing (See ``Not in
My Back Yard'' Removing Barriers to Affordable Housing--1991).
The recommendations from this group were in favor of keeping the
Federal Government out of the code writing business and actually
encouraged state and local adoption of the Council of American Building
Officials (CABO) One and Two Family Dwelling Code.
At that time, the CABO code was the first stab at a coast to coast
residential code and the first time in history that the three principal
code promulgating bodies, BOCA, ICBO and SBCCI joined their forces
towards the common goal of a coast to coast residential building code.
2. The Design Community, Architects and Engineers alike were
strongly in favor of a uniform set of building regulations.
For obvious reasons, designer professional everywhere were sick and
tired of differing building regulations between state and county
borders.
3. The National Association of Home Builders was strongly in
favor of a uniform set of building regulations.
Once again the reasons are obvious as to why home builders would be
supportive of such a concept as a uniform set of building regulations.
So in the mid nineties the climate and soil conditions were right
and the CABO leadership had clear vision. They quickly seized the
opportunity to move forward by establishing the ICC founding it on the
noble idea of uniform building codes.
Recommendations
Since 1999, I have researched the issue of pool and spa related
suction entrapment. I am the proponent of the minimum performance codes
that are contained in the International Code Council's (ICC), 2006
International Building Code (IBC) and 2006 International Residential
Codes (IRC). These respective codes are based on the CPSC guidelines
found in United States Consumer Product Safety Commission Publication
No. 363 009801 and currently available American National Standards
Institute accredited performance standards. Specifically, the new I-
Codes require all new pools to have barrier fencing, dual drains,
quality drain covers, and safety vacuum release devices (SVRS) which
shut off the suction or vacuum force of pool drains in case of swimmer
entrapment. These four measures form the ``layers of protection''
required by the I-Codes and will dramatically strengthen pool safety.
The United States Consumer Product Safety Commission has issued
voluntary guidelines related to making pools safer. However, some of
the current guidelines lack scientific research to back the
recommendations.
Specifically the CPSC guidelines do not recommend all of the
``layers of protection'' now required by the new I-Codes, namely they
do not recommend the SVRS devices. I believe this to be a serious
mistake.
The I-Code developmental processes provide assurances that the
model codes contain performance-based language as opposed to
prescriptive-based requirements. The code development procedures also
ensure that referenced standards cited meet strict guidelines.
I am of the firm opinion that the I-Codes are the most effective
means for regulating the built environment including swimming pool and
spa construction. The best thing that our government can do at this
point in time is to provide strong incentives to state and local
authorities having jurisdiction to adopt and enforce these important
safety measures.
The I-Code developmental processes provide an open forum and level
playing field where all stakeholders have input into the final product.
Their models cover new construction as well as existing construction.
It is the area of existing construction that causes me the greatest
concern. There are numerous pools and spas that are death traps waiting
to be sprung on the innocent. Our government can do a lot to promote
public awareness. Education of the public, enforcement personnel and
pool and spa builders is a must. Our government must do more to help
educate.
Thank you for considering my thoughts on this important safety
matter.
______
Prepared Statement of Gayle and Evan Weiss, Pool and Spa Safety
Advocates
We are pleased to submit this written testimony for the
Subcommittee's May 3 hearing on pool safety and in doing so we also
commend the Chairman, Senator George Allen, and the Ranking Member,
Senator Mark Pryor, for holding this hearing.
Here is our story: Our son, Samuel, was sucked to the bottom of an
outdoor swimming pool spa while on a play date at a friend's home. Even
though there was proper parental supervision, we were told that our son
was literally stuck to the bottom of the swimming pool spa and was only
able to escape by a fluke. Miraculously, while Samuel was praying for
his life under the water his buddies managed to push sideways on his
body at just the right angle to liberate him from the suction. We later
learned that most adults pull on the entrapped child which in most
cases will not liberate the child, but in the rare instances that such
pulling does free the subject they suffer horrendous internal injuries.
We believe that G-d intervened to save our son's life and we want
to return our blessing by seeking to change the laws and regulation at
the Federal and State level by sharing our story.
We believe that the proposals and positions set forth by Alan Korn
of Safe Kids Worldwide,on behalf of the pool safety consortium, will
save lives and spare heartbreak. We are also convinced that our child's
incident is a very common experience that most times goes unreported.
There is no doubt in our minds that this area is grossly under-
regulated in our state as well as our country. We urge the Senate
Subcommittee to take the actions recommended by Mr. Korn and supported
by our friend and heroine Nancy Baker this day.
This one seems so clear and easy to us. For very little cost and
effort you will be saving our country's most precious assets--our
children's lives.
Thank you for taking the time to give your attention to our humble
request. You have the power to make a difference and protect so many
people.