This story first appeared in the Jan. 26 edition of the Kansan.
New federal regulations designed to keep kids from getting sucked into pool drains apply to three local facilities, but the affects of those regulations still are unclear.
The law required all pools to cover potentially dangerous drains by Dec. 19. The rule applies to any pool or spa used by the public including municipal pools and those at hotels, health clubs, apartment buildings and community centers.
The law was prompted by the death of 7-year-old Virginia Graeme Baker in 2002. The granddaughter of former Secretary of State James Baker was sucked into a spa drain in 2002.
The Newton Recreation Commission is responsible for maintenance of two pools — the outdoor municipal pool at Athletic Park and the indoor pool at the Newton Activity Center. Brian Bascue, superintendent of the commission, said he has contacted an engineer and supplier about getting the pools’ drain covers replaced but is having trouble locating a product that will comply and fit the pools. Bascue said the engineer will come inspect the pools to see what size of drain covers are needed and then special order them.
Bascue called the process a “real confusing ordeal.” He said manufacturers are uncertain what the criteria for new drains are, and some have shipped out products that have later been deemed unacceptable.
“There’s still no criteria as far as the drains. Manufacturers are still uncertain on the requirements of the cover,” he said.
Bascue said even some of the state departments that are supposed to enforce the legislation are confused. Bascue said it’s even difficult to ascertain who will be the final authority on whether a pool meets the necessary criteria.
“That’s still the uncertainty, who’s in control,” he said. “We don’t know.”
While he doesn’t yet know costs or time frame for the project, Bascue said staff has a plan to install the drain covers as soon as they come in.
Newton High School also houses a pool. Brian Engelken, athletic director at NHS, said the school is aware of the regulations and is looking into whether its pool is in compliance.
“If not, we will make the necessary changes immediately,” he said.
The Consumer Product Safety Commission is overseeing the law, but because no funding came with the legislation, the Consumer Product Safety Commission expects states to take most of the enforcement, according to an Associated Press story from Dec. 16.
According to the AP, pools are required to have a hump-shaped drain cover rather than the flat style that can more easily attain suction with a child’s body. Pools with just one drain also are required to install a second rain system or external shut off.
