Federal act affects hotel pools

If you haven’t updated your pool drainage in the past few months, you more than likely are not in compliance with the Virginia Graeme Baker Pool and Spa Safety Act, which went into effect in December 2008. Some upgrades are easy, others may be more expensive, but all are needed to reduce your risk and leave you in good standing with your insurance company and the law.

The act was passed after the granddaughter of former U.S. Secretary of State James Baker was entrapped by a pool drain and drowned. Now, all pools need specific drain covers or a completely new drainage system in order to prevent similar accidents in the future.

B. Gerritsen

Brian Gerritsen, senior director of hospitality for Fireman’s Fund Insurance Co., said his agency would not insure a property that, for whatever reason, does not have plans to abide by the new regulations. “We want to ensure you’re compliant before we insure you. If the client is not compliant, we won’t offer them insurance. [The property’s] accessibility to insurance may be hindered if not in compliance.”

Most hotel pools built in the last five years may only need the quick fix of adding an anti-entrapment drain cover, which is designed to prevent fingers and hair from getting stuck and is a minimal expense. Pools five to seven years old may require more attention.

L. Carraro

“It’s the older swimming pools with just one main drain at the bottom,” said Larry Carraro, senior risk engineering consultant for Zurich Services Corp.’s Risk Engineering unit. “All that suction goes to that area, and if that suction is impeded, it will hold a person down.”

According to Gerritsen, in this instance, there are two options: a shut-off valve that may cost $750 to $1,500 depending on the pool, or splitting the single drain, which could cost thousands in construction and labor, not to mention the effect on guest satisfaction because of a closed pool.

“Before you’d be found negligent and face a large judgment,” Gerritsen said. “But in light of this, you are now held strictly liable because you are in violation of law. Now you have no defense, which from an insurance standpoint, we need to make sure clients are compliant.”

Top concerns for hotel pool safety

For those with a pool on property, either indoor or out, keep these basic safety guidelines in mind.

Pool accessibility. Larry Carraro, senior risk engineering consultant for Zurich Services Corp.’s Risk Engineering unit, said it’s important to restrict access as much as possible to prevent younger guests from unsupervised danger. “Most pools are under jurisdiction of local regulations but typically need a natural or artificial barrier of 4 feet of height to restrict access, but that varies. And the access point or gate needs to have a self-closing hinge,” he said. Electronic or swipe card access is preferred whenever possible. Also, be sure to have signs requiring adult supervision clearly posted, said Brian Gerritsen, senior director of hospitality for Fireman’s Fund Insurance Co.

Maintenance. Deb Denker, head of the hotel industry segment for Travelers Insurance, said it’s important to make sure staff regularly inspects the pool area to clean various hazards, like glasses or moved furniture.

Slips, trips, falls. Make sure the surface around the pool is non-slip. And, Bruce Lunning, senior risk control liability specialist for Travelers, said to pay attention to handrails near steps. “The chlorine attacks joints of handrails to make them weak,” he said.

Water quality. It’s important to have a certified pool operator come on property to train staff on how to manage filtration, chlorination and general pool maintenance, according to Lunning. The biggest water quality issue is the prevention of water borne illnesses. According to Gerritsen, these normally are caused by cryptosporidium, which usually comes from dirty diapers and can’t be killed with general doses of chlorine.
“Only way to kill [crypto] is to super-chlorinate or use expensive new technology, UV water purification,” he said. But when super-chlorinating an indoor pool, be careful about air quality.

In the numbers

260 drowning deaths of children younger than five each year
Source: U.S. Consumer Product Safety Commission
2,725 children hospitalized each year from pool submersion injuries
Source: U.S. Consumer Product Safety Commission
750 to 1,500 dollars for a shut-off valve
Source: Brian Gerritsen, senior director of hospitality for Fireman’s Fund Insurance Company