U.S. GOVERNMENT PUBLISHING OFFICE

29–973 PDF WASHINGTON : 2018

S. HRG. 115–220 

POOL SAFETY: THE TENTH ANNIVERSARY 

OF THE VIRGINIA GRAEME BAKER 

POOL AND SPA SAFETY ACT 

HEARING 

BEFORE THE

SUBCOMMITTEE ON CONSUMER PROTECTION, 

PRODUCT SAFETY, INSURANCE, 

AND DATA SECURITY 

OF THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

MAY 24, 2017 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

Available online: http://www.govinfo.gov 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

JERRY MORAN, Kansas 

DAN SULLIVAN, Alaska 

DEAN HELLER, Nevada 

JAMES INHOFE, Oklahoma 

MIKE LEE, Utah 

RON JOHNSON, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia 

CORY GARDNER, Colorado 

TODD YOUNG, Indiana 

BILL NELSON, Florida, Ranking 

MARIA CANTWELL, Washington 

AMY KLOBUCHAR, Minnesota 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

EDWARD MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

TOM UDALL, New Mexico 

GARY PETERS, Michigan 

TAMMY BALDWIN, Wisconsin 

TAMMY DUCKWORTH, Illinois 

MAGGIE HASSAN, New Hampshire 

CATHERINE CORTEZ MASTO, Nevada 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRIS DAY, Democratic Deputy Staff Director 

RENAE BLACK, Senior Counsel 

SUBCOMMITTEE ON CONSUMER PROTECTION, PRODUCT SAFETY, 

INSURANCE, AND DATA SECURITY 

JERRY MORAN, Kansas, Chairman 

ROY BLUNT, Missouri 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

DEAN HELLER, Nevada 

JAMES INHOFE, Oklahoma 

MIKE LEE, Utah 

SHELLEY MOORE CAPITO, West Virginia 

TODD YOUNG, Indiana 

RICHARD BLUMENTHAL, Connecticut, 

Ranking 

AMY KLOBUCHAR, Minnesota 

EDWARD MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

TOM UDALL, New Mexico 

TAMMY DUCKWORTH, Illinois 

MAGGIE HASSAN, New Hampshire 

CATHERINE CORTEZ MASTO, Nevada 

(III) 

C O N T E N T S 

Page 

Hearing held on May 24, 2017 ............................................................................... 1 

Statement of Senator Moran .................................................................................. 1 

Prepared statement .......................................................................................... 20 

Statement of Senator Blumenthal .......................................................................... 21 

Statement of Senator Klobuchar ............................................................................ 23 

Statement of Senator Cortez Masto ....................................................................... 26 

WITNESSES

Nancy Baker, Mother of Virginia Graeme Baker ................................................. 1 

Prepared statement .......................................................................................... 3 

Karen Cohn, Co-Founder, The ZAC Foundation ................................................... 6 

Prepared statement .......................................................................................... 8 

Richard Gottwald, President and Chief Executive Officer, The Association 

of Pool & Spa Professionals ................................................................................. 10 

Prepared statement .......................................................................................... 11 

Connie Harvey, Director, Aquatics Centennial Initiatives, American Red 

Cross ...................................................................................................................... 13 

Prepared statement .......................................................................................... 15 

APPENDIX

Response to written questions submitted by Hon. Richard Blumenthal to: 

Nancy Baker ..................................................................................................... 33 

Karen Cohn ....................................................................................................... 34 

Richard Gottwald .............................................................................................. 35 

Connie Harvey .................................................................................................. 45 

(1) 

POOL SAFETY: THE TENTH ANNIVERSARY 

OF THE VIRGINIA GRAEME BAKER 

POOL AND SPA SAFETY ACT 

WEDNESDAY, MAY 24, 2017 

U.S. SENATE, 

SUBCOMMITTEE ON CONSUMER PROTECTION, PRODUCT

SAFETY, INSURANCE, AND DATA SECURITY, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Subcommittee met, pursuant to notice, at 2:51 p.m. in room 

SR–253, Dirksen Senate Office Building, Hon. Jerry Moran, Chairman of the Subcommittee, presiding. 

Present: Senators Moran [presiding], Blumenthal, Klobuchar, 

Cortez Masto, and Hassan. 

OPENING STATEMENT OF HON. JERRY MORAN, 

U.S. SENATOR FROM KANSAS 

The CHAIRMAN. Good afternoon, everyone. Thank you for your 

patience, particularly our witnesses, but also those in attendance. 

Senator Blumenthal and I serve on the Veterans Committee. We 

were required for a quorum. Both of these committees met at 2:30 

p.m. this afternoon. He is en route. 

And, Senator Klobuchar, thank you for joining us. Others as 

well, we’re glad to have you. And I appreciate my colleagues being 

here. 

As you know, in addition to the problems of a late start, we have 

two votes scheduled at 3:00 p.m. My intention is to forgo opening 

statements and get directly to the witnesses in hopes that we can 

hear your testimony before we depart for those votes. We’ll then recess and I think that’s my intention. It’s what Senator Blumenthal 

and I talked about. We will recess during the two votes. We’ll try 

to limit that to being there at the very end of the first vote and 

the very beginning of the second vote, and then we’ll be back to 

conclude the hearing for additional questions. 

So with that, I will even forego introducing the witnesses. Let’s 

take your testimony. We’ll get back to more formalities once we return from the vote. 

Ms. Baker, you are recognized for your statement. 

STATEMENT OF NANCY BAKER, 

MOTHER OF VIRGINIA GRAEME BAKER 

Ms. BAKER. Good afternoon. I would like to thank Chairman 

Thune, Senator Moran, Senator Blumenthal, for holding this hearVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\DOCS\29973.TXT JACKIE
2 

ing to address drowning and to celebrate the anniversary of the 

Virginia Graeme Baker Pool and Spa Safety Act. Forgive my tears, 

I say her name sometimes, and I just remember her. And thank 

you, my friend. 

Anyway, I would like to recognize some important leaders in this. 

I would like to recognize Senator Klobuchar, who persisted, never 

gave up; Congresswoman Debbie Wasserman Schultz; George 

Allen; and my good friend and invaluable partner, Alan Korn, who 

worked with Safe Kids and helped me along the way. 

I’m honored to be with my friends, Karen Cohn, and Scott Taylor, who also lost their beloved children and are powerful advocates 

in drowning prevention. I’m grateful to testify in memory of a child 

that I dearly miss. 

I became involved in drowning prevention in June of 2002 when 

I lost my daughter, Graeme, in a residential pool spa. Well over 50 

people had gathered for a backyard graduation party around a pool 

where she drowned in 4 feet of water. Not one of the dozens of people gathered on the pool deck saw it happening. Graeme, an excellent swimmer, I might add the winner of the dive team competition 

that year, had slipped underwater and become entrapped on a flat 

drain of a pool spa. It looked just like this. [Witness held up an example of the drain.] By the time they lifted her up, however, the 

cement from the bottom of the pool and the drain itself had 

cracked. She sat on it. Her buttocks were sealing it. And it resulted 

in a tremendous vacuum, pinning her to the bottom with over 700 

pounds of pressure. It was a death trap. 

It was in May 2006 that I had the great honor of testifying before this committee on drowning as the public health crisis that it 

was, and it unfortunately remains. The role of government in many 

issues related to the safety of kids is without question a critical 

one. 

In vaccinations, smoke alarms, car safety, and now drowning prevention, the government has played an active role in protecting 

kids. Proactively and with specificity, this legislation addressed entrapment, and we can celebrate the fact that since its passage, not 

one child has died due to entrapment in a public pool. Prior to its 

passage, year after year there were several reported incidences, 

many fatal, and one more horrifying and violent than the next. 

We’re all aware that accidents from more traditional forms of 

drowning remain high. 

VGB, which is the shortened version of the Virginia Graeme 

Baker Pool and Spa Safety Act, insisted on certain specific mandates in the design components of public pools, enabled the CPSC 

to launch a remarkably effective public safety campaign, and provided grants to states to encourage education and compliance. 

These don’t extend to private pools, and we rely on the industry to 

apply the same safeguards in the maintenance and the construction of existing and new residential pools. 

I recently gave a keynote address at the National Drowning Prevention Alliance, where I heard 30 members of a group called 

‘‘Families United Against Drowning ’’ share the stories of their 

loved ones’ tragic drownings. The majority lost their child due to 

a momentary lapse in supervision, and tragically, these children 

gained unfettered access to the pool. 

3 

I’m committed to becoming part of an effort to address this tragic 

loss of life. The work of private organizations, as well as the Pool 

Safely program of the CPSC, has had a positive impact, though we 

will never know the lives that have been saved. We do know that 

swimming lessons matter, drowning prevention education is critical, all of it works to save lives, yet the tragic statistics indicate 

that work remains to be done. Drowning remains the leading cause 

of unintentional injury and death worldwide, and the highest rates 

are among children. 

I believe that the positive outcome of the legislation is attributable to the intersecting components of the National Public Safety 

Campaign, the efforts of dedicated private organizations, and the 

mandated requirements that the legislation prescribed to prevent 

entrapment. I would like to see that multifaceted approach taken 

in order to address the loss of life due to kids undetected gaining 

access to their backyard pools. 

Were there to be a requirement that new pools be built to include 

four-sided barrier fencing, closing and locking gates, and alarm systems, innocent lives would be saved. A solution to a stubborn 

threat to children’s health would then incorporate drowning prevention education initiatives and a new era of pool design and construction driven by safety considerations first. 

Let’s move courageously to address the loss of life that continues 

to occur. This is not political, it’s not ideological. These are adults 

and these are our kids. Children alone are drowning at a rate of 

two per day. Most are dying in their own backyards. 

I hope to see this Committee continue to advocate to ensure the 

efficacy of the Virginia Graeme Baker Pool and Spa Safety Act and 

to strengthen provisions within it to proactively address the risk of 

drowning. This hearing alone represents an enormous shift in the 

recognition of drowning as the significant public health emergency 

that it is. 

Thank you so much for having me today. 

[The prepared statement of Ms. Baker follows:] 

PREPARED STATEMENT OF NANCY BAKER, MOTHER OF VIRGINIA GRAEME BAKER

I. Introduction 

I would like to thank Chairman Thune, Senator Moran and Senator Blumenthal 

for holding this hearing. You have brought together important partners and stakeholders to celebrate the anniversary of the Virginia Graeme Baker Pool and Spa 

Safety Act. It is an honor to be here to testify, in memory of a child I dearly miss, 

and on behalf of many who remain committed to the safety and well being of children. I’m pleased that some who worked on the passage of this legislation ten years 

ago are in attendance today. I’d like to recognize the hard work and commitment 

of my friend, a man of great character and a champion for children, Alan Korn. 

Early on, I partnered with him and Safe Kids Worldwide and I could not have done 

my work without him. I also want to thank Senator Klobuchar, Congresswoman 

Debbie Wasserman-Schultz and countless staff and private citizens who were unwavering in their support of its intent and played an instrumental part in the passage of this legislation. To this day I am comforted by the fact that so many good 

people came together in a concerted effort to make sure that what happened to my 

daughter would not happen to another child. 

II. Graeme’s Story 

It was never my intention to become involved in drowning prevention. I am a 

mother of five and being a parent to my five girls has been the joy and challenge 

of my life. I am also an artist and for many years have pursued that as a vocation 

and profession. However, on June 15, 2002, I became an advocate for pool safety, 

4 

when my seven-year-old daughter, Graeme, drowned in a residential pool during a 

large gathering to honor graduating high school students. On that day, with well 

over fifty people gathered for a backyard barbeque around a pool, one of my children 

ran to me in horror to tell me that her sister was at the bottom of a pool spa directly 

connected to the pool. I ran with her to the edge of this spa and could not see into 

the water, as it was painted dark blue and the bubbling water obscured the surface. 

She literally disappeared in a moment, drowned in four feet of water and none of 

the dozens gathered on the pool deck, including me, saw it happening. Her older 

sister screamed that she was there and I jumped in, went underwater and discovered my child at the bottom. I tried to pull her up and was unable. I kept coming 

up for air, screaming for help and attempting to pull her to the surface. It was impossible. Graeme, an excellent swimmer, member of our neighborhood dive team 

had slipped underwater and become entrapped on the flat drain of this spa. She sat 

on the drain, her buttocks sealing it and that resulted in a tremendous vacuum, pinning her to the bottom with over seven hundred pounds of pressure. She was helpless in getting free from the force at the drain and in the end it took two adults 

to release her. She was flown to Fairfax Hospital and there I was told that the doctors had been unable to revive her and that she’d died. It took years to understand 

and absorb what had happened. I experienced a grief so long and dark. My children, 

our family and our community all suffered from the trauma of her loss. 

It was a horrific accident and in time I gained understanding of the many things 

that contributed to her death. At the party there was no lifeguard, or person whose 

sole responsibility was to watch the water. This spa was old, built with a single 

drain that was attached to the pool pump and once blocked, the pump continued 

to pull water, then air, leaving her body cemented to the drain. The tub was painted 

like a lagoon, bubbles created by the jets, making it impossible to see beneath the 

surface. There was no emergency pump shut off or device that could detect the sudden change in the pressure to free her. 

III. Into Advocacy 

When our family arrived for her funeral, her grandfather, James A. Baker III, 

devastated by the circumstances of her death and the collective sorrow of her loss, 

pulled me aside and asked me to try to do something to address this danger. He 

offered to help me in any way he could. It did take time, as my children needed 

me as never before and we had a lot of healing to do. Yet along the way, seeking 

some greater understanding, I began to research this issue and learned that for 

years these accidents had been occurring and as a result technology and design advancements had been developed that, if installed, would prevent entrapments. However, they were not widely used and building codes and standards were inconsistent 

from one jurisdiction to the next. 

Early in 2004, I visited the offices of Safe Kids Worldwide, which I had read was 

dedicated to preventing accidental death and injury of children. I told them what 

had happened to my daughter and in time we agreed to work together to address 

entrapment and other forms of drowning. The number of children that died in 

drowning accidents of all kinds was staggering and I felt compelled to be one authentic, voice in an effort to address it. I wanted to share our experience, to honor 

my daughter’s memory and somehow allow her death to serve as a catalyst to prevent death and injury to others. 

It was on May 3, 2006, that I had the privilege of appearing before this committee 

to testify and provide a written statement urging Congress to act on behalf of children to ensure their safety in pools and spas. Some of you may remember that Senator Ted Stevens, Chairman of the Commerce Committee, after hearing testimony 

that day describing the pervasive loss of life by drowning, announced to all in the 

room that the Committee would act. George Allen, then Chairman of the Subcommittee, followed through. It was their leadership and commitment that gave rise 

to the effort of so many to ultimately craft a bill whose passage we are celebrating 

today. 

The role of government in many issues relating to the safety of children is without 

question a critical one. In so many instances; vaccinations, smoke alarms, car safety 

and many others the government has played a critical and active role in establishing standards to protect children in response to an immediate threat. The Virginia Graeme Baker Pool and Spa Safety Act is one such effort and it is an example 

of many constituencies working together, engaging in debate and reconciliation in 

order to remedy a public health crisis. With specificity, in the form of mandated 

changes in design and installation, the legislation addressed entrapment and all of 

us here can celebrate the fact that since its passage not one child has died due to 

entrapment in a public pool. Prior to this becoming law, each year there were sevVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00008 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\29973.TXT JACKIE
5 

eral reported incidences, some of which were fatal, one more violent and horrifying 

than the next. 

VGB is a shining example of government working the way it is supposed to, to 

protect children. Ten years ago, members of Congress, stakeholders, industry representatives and parents all worked together toward a common goal and the validity 

of that effort has been affirmed by the statistics. 

IV. Remaining Work To Be Done 

As encouraged as I am by the elimination of incidences of entrapment in public 

pools, I am also aware, given the reported number of deaths due to the more traditional forms of drowning, that there remains work to be done. VGB insisted on the 

manufacture and sale of anti-entrapment drain covers and on their installation in 

public pool environments. It requires multiple layers of protections to be installed 

in public pools, depending upon the inherent risks in their construction and design. 

These requirements have eliminated the possibility of entrapment in compliant public pool settings. The changes and regulations that apply to these pools do not extend to private pools. The risk of entrapment remains and we, as citizens and concerned parents, must rely on pool industry leaders and safety advocates to apply 

these same safeguards in the maintenance and construction of existing and new 

pools. 

Another important aspect of the legislation is the public safety education program 

enacted by the CPSC, entitled Pool Safely, which involves PSA’s, partnerships with 

local organizations and a vital authoritative voice to educate the public on drowning 

prevention. I recently gave a keynote address at the National Drowning Prevention 

Alliance, where I listened to a presentation by members of an organization called 

Families United Against Drowning. Each family testified to the acting Chairman of 

the CPSC, sharing the specific circumstances of their child’s tragic death. The vast 

majority had died due to an unintentional and momentary lapse of supervision either within the home or backyard where an innocent child gained unfettered access 

to a backyard residential pool. There was a resounding and repeated message from 

those parents; that everyone in the home thought they knew where the child was, 

that it happened in a silent moment, that they had felt that it could never happen 

here, that it had been their intention to build a barrier to the pool, that the alarms 

on the doors had been disarmed, that a gate had inadvertently been left open. I am 

committed to becoming part of an effort to address this tragic loss of life. There is 

no doubt that the work of private foundations and organizations, as well as the Pool 

Safely program of the CPSC has had a positive impact. We will never know the lives 

that have been saved; yet we do know that swimming lessons, drowning prevention 

awareness and education in active supervision are critical in saving lives. Yet the 

tragic statistics on drowning indicate that further action needs to be pursued by 

public, private and industry partners. 

Still today, far too many are suffering permanent disability or dying as a result 

of accidents occurring in pools and spas across this country. The following is an excerpt of recent information published by the Centers for Disease Control and Prevention: 

Drowning is a leading cause of unintentional injury death worldwide, and the 

highest rates are among children. Overall, drowning death rates in the United 

States have declined in the last decade; however, drowning is the leading cause of 

injury death among children aged 1–4 years. May 2, 2016 

• From 2005–2014, there were an average of 3,536 fatal unintentional drownings 

(non-boating related) annually in the United States—about ten deaths per day. 

An additional 332 people died each year from drowning in boating-related incidents. 

• About one in five people who die from drowning are children 14 and younger. 

For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries. 

• More than 50 percent of drowning victims treated in emergency departments 

(EDs) require hospitalization or transfer for further care (compared with a hospitalization rate of about 6 percent for all unintentional injuries). These 

nonfatal drowning injuries can cause severe brain damage that may result in 

long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state). 

I believe that the positive outcome of the legislation we celebrate today in addressing entrapment can be attributed to the national public safety campaign, the 

efforts of dedicated private drowning prevention foundations and organizations and 

the mandated requirements that the legislation prescribed. I am inspired by the 

6 

work of the CPSC, the Zac Foundation and Abbey’s Hope. I would like to see that 

multi-faceted approach taken in order to address the loss of life due to children having access to pools in their own homes. We know that it’s been effective. I believe 

that the government has a role to play in setting a safety standard, which in time 

will create a new cultural norm. Were there to be a requirement that new pools be 

built to include four sided, barrier fencing, self closing and locking gates and alarm 

systems I have no doubt that innocent lives would be saved. 

In doing so, a solution to a seemingly intractable threat to children’s health would 

be met by a specific solution, which public and private entities could unite on to 

foster consistency in drowning prevention and a framework for innovative pool design and construction driven by safety first. 

V. Conclusion 

Please, let us move courageously to address the huge loss of life that continues 

to occur from coast to coast in this country. This is not political or ideological. These 

are adults and they are our children. Children alone are drowning at a rate of two 

per day. Most are dying in their own backyards. It is a fact that each aspect of the 

multi-pronged approach to entrapment contributed to the success of the Virginia 

Graeme Baker Pool and Spa Safety Act in this area of drowning prevention. I am 

convinced that were there a similar requirement, a specific standard set, regarding 

barrier fencing in private pools, we would see a greater positive impact on the overall incidences of childhood drowning. Residential pools would then conform to two 

realities; that what we value most is life itself and that we understand and have 

addressed the inherent risk involved in pools. In the future, it is my hope that new 

pool design and construction will serve to reflect these life saving principles. 

It is my great honor to appear in this important hearing and I hope to be a continued advocate and partner with all of those in attendance today to maintain and 

ensure the continued success of the Virginia Graeme Baker Pool and Spa Safety Act 

and to strengthen provisions within it to proactively and courageously address the 

continued risk of drowning. I offer my sincere thanks to those of you who are members of this committee and work every day to protect our children. It’s my hope that 

you will contact me to provide any assistance you may need in your efforts to reduce 

drowning accidents across the country. I want to do what I can for you, for my 

daughter, for the memory of the many children who have died and for those who 

won’t due to your leadership. This hearing alone represents a tremendous shift in 

the recognition of drowning as the significant public health emergency that it is. 

The CHAIRMAN. Ms. Baker, thank you very much for your heartfelt testimony. I’m sorry for the circumstances for which you’re 

here, but I commend you for using a tragedy to save lives of other 

people, and we’re honored by your presence. You did mention the 

role of Senator Allen, and I wanted to recognize that the former 

Chairman of this Subcommittee is in the room, and we very much 

appreciate your presence. Thank you very much, Senator. 

[Applause.] 

The CHAIRMAN. I didn’t realize you would get so much applause 

and delay the hearing, Senator Allen. 

[Laughter.] 

The CHAIRMAN. I would now recognize Ms. Cohn for her testimony. 

STATEMENT OF KAREN COHN, CO-FOUNDER, 

THE ZAC FOUNDATION 

Ms. COHN. Good afternoon. Thank you so much for having me 

here. Chairman Moran, Ranking Member Blumenthal, and members of the Subcommittee, it is an honor to appear before you and 

a privilege to be here with this distinguished panel. 

As I appear before this Subcommittee today, my heart is with the 

many families who have endured similar losses from drowning. Mr. 

Chairman, it has been 10 years, 10 years since this Committee led 

the charge along with Nancy Baker, Katey and Scott Taylor, and 

others to try to eliminate incidences of pool and spa drain entrapVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00010 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\29973.TXT JACKIE
7 

ment in the Virginia Graeme Baker law, and 10 very difficult years 

since we lost our son, Zachary, who tragically became entrapped in 

our backyard pool. 

Zachary was an excellent swimmer, and his arm became stuck, 

and despite my husband and several other adults, the suction was 

simply too strong, and we couldn’t release him. Zachary was six. 

He had his entire life ahead of him. And we miss him dearly. 

Like many parents, we thought we had done everything we could 

to protect our children around the water, like enrolling them in 

swim lessons, setting the rules for behavior around the pool, and 

ensuring intense supervision, but we had no idea what danger 

lurked in our own backyard pool. 

Since his passing, Zachary’s legacy has touched the lives of thousands through a foundation started by my husband, Brian, and I 

to honor Zachary, and to offer programming to teach children and 

families about water safety. It is called the ZAC Foundation. We 

have written a children’s book, partnered with the American Red 

Cross in support of their Centennial campaign to drive down 

drownings, and with the Boys and Girls Clubs of America to stage 

what we call the ZAC Camp. It’s designed to provide water safety 

instruction to underserved children in cities across America. And to 

date, I am pleased to inform this Subcommittee that more than 

10,000 children in 22 states have gone through ZAC Camps, and 

more than 80 million Americans have received our message 

through our media efforts. 

To most Americans, drowning is something that happens to 

somebody else, somewhere else—something that you hear about in 

the news or read about in the paper. But what most do not know 

is that drowning is the second leading cause of accidental death of 

children under 14 and the number one cause of accidental death 

for children 1 to 4 years old. 

Mr. Chairman, according to data released this week by the 

CPSC, we lose more than eight Americans to drowning every single 

day, or more than 3,200 Americans to drowning or boating-related 

deaths each year. When you do the math, you quickly realize that 

since VGB was signed into law, more than 32,000 Americans have 

drowned or enough to fill Kauffman Stadium, where the Chairman’s Kansas City Royals play. I’ll say it again, 32,000 Americans. 

Mr. Chairman, I can assure you this is not a problem for someone else, somewhere else. This is a problem that is completely preventable when all water safety stakeholders are doing their part 

and working together. Just look at this panel before the Subcommittee today. Each person here is an important link in the 

chain of water safety. 

It takes the pool and spa builders to demand that the state-ofthe-art technologies are installed in pools, both public and private, 

to eliminate drain entrapment forever, and not actively lobby in 

states like Connecticut to roll back water safety laws. 

It takes organizations like the American Red Cross to continue 

their heroic efforts to train lifeguards and offer swim lessons, and 

the Boys and Girls Clubs of America to reach into underserved and 

minority communities where children are drowning at a rate three 

times of non-minority children. 

8 

It takes homeowners’ insurers to undertake a new effort demanding that residential pools are up to code before insuring the home. 

It takes organizations like the ZAC Foundation, Abbey’s Hope, and 

Joshua Collingsworth Memorial Foundation, and many other family foundations to raise awareness. It takes parents to seek out information proactively and teachers to incorporate water safety messaging in their curriculum to keep children safe. And, yes, it takes 

Congress, the CPSC, CDC, and the states to continue to explore 

ways to improve laws for pools. 

Mr. Chairman, let me close by saying the Virginia Graeme Baker 

law was a tremendous start toward water safety, but I worry the 

public may believe the law covers all pools and spas, when the reality is it only covers public pools and spas, or roughly 2 percent 

of the pools and spas in this country. Meanwhile, 98 percent, more 

than 14 million pools and spas, are privately owned and regulated 

by state laws that range from strong to very weak. 

I urge this Committee to find ways to convene a discussion 

among states and all of the other stakeholders, including those of 

us at this table. 

Thank you again for the opportunity to appear before the Subcommittee today. Together, we can drive down the unacceptable 

drowning that is robbing families of their loved ones each and 

every day. 

[The prepared statement of Ms. Cohn follows:] 

PREPARED STATEMENT OF KAREN COHN, CO-FOUNDER, THE ZAC FOUNDATION

Chairman Moran, Ranking Member Blumenthal, and Members of the Committee, 

it is an honor to appear before you, and a privilege to be here with my dear friend 

Nancy Baker, our wonderful partner Connie Harvey from the American Red Cross, 

and the rest of the distinguished panelists. And while I do not speak for the families 

who have suffered similar tragedies, my heart is with them as I appear before this 

Committee today. 

Mr. Chairman, it has been ten years. Ten years since this Committee led the 

charge, along with Nancy Baker, Katey and Scott Taylor, and others, to try to eliminate incidences of pool and spa drain entrapment in the Virginia Graeme Baker 

(VGB) bill, and ten very difficult years since I lost my son Zachary who tragically 

became entrapped in a drain in our backyard pool; and, despite grown adults trying 

to pull him from the drain, the suction simply was too much. Zachary was six, he 

had his entire life ahead of him and we miss him dearly. 

Like many parents, we thought we had done everything we could to protect our 

children around the water like enrolling them in swim lessons, setting the rules for 

behavior around the pool, and ensuring intense supervision. But we had no idea 

what danger lurked in our pool. We have spent the past decade making sure that 

parents have all of the information they need to keep their children safe, so that 

no family suffers the same tragic loss. 

Since his passing, Zachary’s legacy has touched the lives of thousands through a 

foundation started by my husband Brian and I to honor Zachary, and to offer programming to teach children and families about water safety. It is called The ZAC 

Foundation. We have written a children’s book called The Polar Bear Who Wouldn’t, 

Couldn’t Swim; and we have partnered with the American Red Cross, in support 

of their Centennial Campaign and with the Boys and Girls Clubs of America to 

stage what we call ‘‘ZAC Camp’’ designed to provide water safety instruction to underserved children in cities across America. And, to date, I am pleased to say that 

more than 10,000 children in 22 states have gone through ZAC Camps, and more 

than 80 million Americans have received our message through our media efforts. 

To most Americans, drowning is something that happens to somebody else, somewhere else. Something you hear about on the news or read about in the paper. But 

what most do not know is that drowning is the second leading cause of accidental 

death of children under 14, and number one cause of accidental death for children 

one to four years old. 

9 

Mr. Chairman, we lose 10 Americans every single day to drowning. Of those 10, 

two are children. Black and Hispanic American children are three times more likely 

to drown than their Caucasian counterparts. Three times. We lose more than 3,800 

Americans to drowning or boating—related deaths each year. When you do the 

math, you quickly realize that since VGB was signed into law, more than 38,000 

Americans have drowned—or enough to nearly fill Nationals Park. I’ll say it again, 

38,000. 

Mr. Chairman, I can assure you this is not a problem for someone else, somewhere else. This is a problem that is completely preventable when all water safety 

stakeholders are doing their part and working together. Just look at this panel before the Subcommittee today. Each person here is an important link in the chain 

of water safety. In order to realize water safety: 

• It takes the pool and spa builders to demand that state—of—the—art technologies are installed in pools—both public AND private—to eliminate drain entrapment forever, and not actively lobby in states like Connecticut to roll back 

water safety. 

• It takes state lawmakers to refuse to weaken water safety standards and aggressively educate residential pool owners about the dangers and responsibilities of owning a pool. 

• It takes operators of municipal pools to be adamant that safety is the first priority. 

• It takes organizations like the American Red Cross to continue their heroic efforts to train life guards and offer swim lessons and the Boys and Girls Clubs 

of America to reach in to under—served and minority communities. Communities who have children who as I mentioned drown at a rate three times higher 

than non—minority children. 

• It takes the homeowners’ insurers to undertake a new effort demanding that 

residential pools are up to code before insuring the home. 

• It takes organizations like The ZAC Foundation and other family foundations, 

and courageous leaders like Nancy Baker; Katey and Scott Taylor; and Kathy 

and Blake Collingsworth, to name only a few, to raise awareness. 

• It takes parents to seek out information proactively and teachers to incorporate 

water safety messaging in their curriculum to keep children safe. 

• And, yes, it takes Congress, the Consumer Product Safety Commission (CPSC), 

and the U.S. Centers for Disease Control and Prevention (CDC) to continue to 

explore ways to improve Federal law for public pools. 

Mr. Chairman, the Virginia Graeme Baker law was a good start toward water 

safety, but my worry is that the public may be relying on the law to cover all pools 

when the reality is it only covers public pools—or roughly three percent of the pools 

in this country. Meanwhile 97 percent—more than 10 million—of pools are privately 

owned and regulated by state laws that range from strong to very weak. I urge this 

Committee to bridge the jurisdictional divide and use your pulpit to find ways to 

convene a discussion among states and all of the other stakeholders, including those 

of us at this table. 

Together we can eliminate all pool and spa drain entrapments in the United 

States and drive down the unacceptable number of unintentional drowning that is 

robbing families of their loved ones each and every day. 

Thank you again Mr. Chairman for the opportunity to come here before the Committee today. I look forward to our discussion. 

The CHAIRMAN. Ms. Cohn, thank you very much for your testimony. And on behalf of my colleagues here on the Committee, we 

express our condolences and sympathies to your family. And I appreciate again the efforts you’re making to make certain that this 

tragedy occurs no more. 

Ms. COHN. Thank you so much. 

The CHAIRMAN. You’re very welcome. 

Mr. Gottwald. 

10 

STATEMENT OF RICHARD GOTTWALD, PRESIDENT AND CHIEF 

EXECUTIVE OFFICER, THE ASSOCIATION OF POOL & SPA 

PROFESSIONALS 

Mr. GOTTWALD. Thank you, Chairman Moran, Ranking Member 

Blumenthal, and members of the Subcommittee for holding this important hearing. It is an honor and a privilege for me to be here 

today to mark the 10th anniversary of the Virginia Graeme Baker 

Pool and Spa Safety Act. 

I do want to acknowledge Mrs. Baker and Mrs. Cohn and the 

other families that are here today for the horrible tragedies that 

they’ve endured, and I can say on behalf of the industry, we want 

to make sure that those tragedies never happen again. 

My name is Rich Gottwald. I’m President and CEO of the Association of Pool & Spa Professionals (APSP). APSP is the world’s 

oldest and largest trade association representing the entire pool 

and spa supply chain. I appreciate the opportunity today to share 

with you how the Virginia Graeme Baker Pool and Spa Safety Act, 

or the VGB, has influenced the pool and spa industry, and how 10 

years later we continue to educate and train our members on how 

to keep all pools and spas safe, including the public pools covered 

by the VGB Act, as well as the residential pools that are not covered by the Act. 

I have submitted testimony, but I want to really focus on just 

three key issues. 

Number one, since 1985, APSP has been accredited by the American National Standards Institute to develop and promote the country’s national consensus standards for pools, hot tubs, and spas. 

Compliance with our standard for suction fittings, also known as 

the Drain Cover Standard, is a requirement to the VGB. This 

standard was developed and continues to improve with the input 

of the CPSC staff and serves as an excellent example of collaboration between industry and government to protect all pool and spa 

users. A 2017 successor standard is slated to be adopted by this 

December. 

In 2006, while the VGB was being finalized, APSP published the 

Standard for Suction Entrapment Avoidance, the first comprehensive systems approach to engineering swimming pools and spas to 

eliminate suction entrapment events. It protects against the three 

root causes of entrapments: suction, water velocity, and mechanical 

binding. 

Number two, through our relationship with the International 

Code Council, our national consensus standards that I just mentioned are incorporated into the International Swimming Pool and 

Spa Code. This is a comprehensive national code that was developed jointly by APSP and the ICC, and the first edition was published in March 2012. The third edition is slated to be published 

later this year. The Code has been adopted by 22 states and 73 

local jurisdictions. There is still a long way to go for full adoption. 

When adopted, the Code will provide the same level of safety protection for newly installed residential pools and spas that the VGB 

now mandates for public pools and spas. We have to get this into 

residential pools. 

Further, this pool and spa code also requires barriers, such as 

fencing and covers, for all residential pools. We continue to urge 

11 

every state to adopt this code to protect all swimmers in both the 

public and residential pools and spas. 

Number three, APSP continues our efforts to communicate water 

safety messaging and information to our members, our partners, 

and pool owners. APSP has created the ‘‘Check a Drain’’ initiative 

that reminds our members throughout the year to check their customers’ drains to make sure both public and residential pools and 

spas are in compliance with the VGB. 

APSP actively urges builders and service professionals to contact 

the millions of existing pool owners to replace pre-VGB drain covers, that cover that you saw over there. 

APSP work with the American Red Cross, the National Recreation and Park Association, and the World Waterpark Association 

to launch the National Water Safety Month campaign, which is 

held every May. This month marks its 10th year anniversary. National Water Safety Month has gained attention from Governors in 

all 50 states who have signed proclamations to recognize it. 

In conclusion, APSP is committed to safety and fully supports the 

Virginia Graeme Baker Pool and Spa Safety Act. We hope the Subcommittee members will recognize and support statewide adoption 

of the International Swimming Pool and Spa Code so as to protect 

our residential pool and spa users as we do our public pool and spa 

users. 

Thank you for this opportunity to testify. 

[The prepared statement of Mr. Gottwald follows:] 

PREPARED STATEMENT OF RICHARD GOTTWALD, PRESIDENT AND CHIEF EXECUTIVE

OFFICER, THE ASSOCIATION OF POOL & SPA PROFESSIONALS

Thank you, Chairman Moran, Ranking Member Blumenthal, and Members of the 

Subcommittee for holding this important hearing. It is an honor and a privilege for 

me to be here before you to mark the 10th anniversary of the Virginia Graeme 

Baker Pool and Spa Safety Act. 

My name is Richard Gottwald and I am the President and CEO of The Association of Pool & Spa Professionals. APSP is the world’s oldest and largest trade association representing the entire pool and spa supply chain: From pool, hot tub and 

spa manufacturers, to distributors, suppliers, and retailers, as well as the building 

and service professionals. We develop and promote the country’s national consensus 

standards for pools, hot tubs, and spas, and are the only pool and spa industry organization accredited by the American National Standards Institute since 1985 to do 

so. ANSI is a 100-year-old organization that serves as an administrator and coordinator of U.S. industry standards. 

I appreciate the opportunity today to share with you how the Virginia Graeme 

Baker Pool and Spa Safety Act, or ‘‘VGB,’’ has influenced the pool and spa industry, 

and how, 10 years later, we continue to educate and train our association and members on how to keep all pools and spas safe, including the public pools covered by 

the VGB Act, as well as the residential pools that were not covered by the law. 

History: A Seismic Shift 

To say that the Virginia Graeme Baker Pool and Spa Safety Act was a seismic 

event in our industry is an understatement. In fact, VGB created a tsunami of safety awareness and education efforts by APSP and many others that reverberates 

today. Working with the family of Virginia Graeme Baker and Safe Kids Worldwide, 

Congresswoman Debbie Wasserman Schultz first introduced the legislation in 2006. 

The industry immediately stated its support for mandating safety requirements in 

all pools and spas, and actively worked with all parties involved in this critical bill, 

leading to the second iteration of the bill that was signed into law on December 19, 

2007. 

As I mentioned earlier, APSP is the only industry organization accredited by 

ANSI to develop and promote the country’s national consensus standards for pools, 

hot tubs, and spas. Compliance with our ANSI/APSP–16 Standard for Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs is a requireVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00015 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\29973.TXT JACKIE
12 

ment of the VGB. This standard was developed and continues to improve with input 

from the Consumer Product Safety Commission (CPSC) staff and serves as an excellent example of collaboration between industry and government to protect all pool 

and spa users. A 2017 successor standard is slated to be adopted by this December. 

In 2006, while the VGB was being finalized, APSP published the ANSI/APSP–7 

Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, 

Spas, Hot Tubs, and Catch Basins. This standard is consistent with all of the provisions in the VGB and was the first comprehensive systems approach to engineering 

swimming pools and spas to eliminate suction entrapment events. It protects 

against the three root causes of entrapments: suction, water velocity, and mechanical binding. Based on sound science and best practices, this standard is consistent 

with and even exceeds the requirements in the Virginia Graeme Baker Pool and Spa 

Safety Act, current U.S. Consumer Product Safety Commission interpretations of 

the VGB, and model state legislation provided within the VGB Act. 

In 2009, the ANSI/APSP–7 standard was recognized by the International Code 

Council (ICC) in their International Building and Residential Codes (IBC and IRC) 

and in 2012 was referenced in the International Swimming Pool and Spa Code 

(ISPSC). The ISPSC is the first ever all-inclusive comprehensive national code for 

swimming pools and spas developed in compliance with the principles defined by the 

OMB Circular A119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, codified by 

Public Law 104–113, National Technology Transfer and Advancement Act of 1995. 

This key ANSI/APSP safety standard provides the ISPSC with the necessary model 

suction entrapment avoidance code language for national, state, and local adoption. 

The ANSI/APSP–7 standard has been adopted, either directly, or through the ICC 

Codes, in over 20 states, with numerous local adoptions where statewide adoption 

is not required. 

The ISPSC also requires barriers for all residential pools, consistent with the VGB 

model state legislation language. We continue to urge all states to adopt this code 

to protect all swimmers in both public and residential pools and spas. The CPSC 

stated that the ISPSC meets all of the requirements of the model state legislation 

and VGB State Grant Program. 

Safety Awareness 

The final passage of the Virginia Graeme Baker Pool & Spa Safety Act also assisted us in our efforts to communicate water safety messaging and information to 

our members, affiliate organizations and pool owners. Beyond the very important 

technical requirements that the VGB and the International Swimming Pool and Spa 

Code require, APSP sought a larger platform that would aim to promote safe water 

practices and prevent drowning and water-related injuries. Working collaboratively 

with the American Red Cross, the National Recreation and Park Association, and 

the World Waterpark Association, we launched the National Water Safety Month 

campaign, which is held every May. This month marks its 10th year anniversary. 

National Water Safety Month has gained attention from governors of all 50 states, 

who have signed water safety proclamations, and Olympic swimmers, who have 

highlighted the vital importance of public education regarding safer practices for 

kids and adults in and around the water. Throughout the month of May, thousands 

of aquatic facilities and professionals recognize this important month through educational programs, public service announcements, governmental proclamations, and 

distribution of water safety materials, including CPSC’s Pool Safely program materials. We remain committed to working with the Pool Safely Program, and organizations like the National Drowning Prevention Alliance (NDPA), recognizing and appreciating their outreach to swimmers, especially in minority communities. 

In addition, APSP created the ‘‘Check A Drain’’ initiative that reminds our members throughout the year, especially at key swim times, to check their customers’ 

drains to make sure both commercial and residential pools are in compliance with 

VGB. Since the adoption of the VGB, the APSP has actively urged and taught builders and service professionals to contact the millions of existing pool owners to replace pre-VGB drain covers. 

Going Beyond Public Pools & Fighting for Adoption of ISPSC 

Through our relationship with the International Code Council (ICC), our ANSI/ 

APSP national consensus standards are incorporated into the International Swimming Pool and Spa Code (ISPSC). This first-ever comprehensive national pool and 

spa code was developed jointly by the APSP and ICC, with the first edition being 

published in March 2012. The third edition of this code is slated to be published 

this September. To date, this code has been or is in the process of being adopted 

by 22 states, 11 of which are mandatory adoptions (Louisiana, New Hampshire and 

13 

Massachusetts are those states in the process of adopting before the end of the 

year). In addition, there are 73 local jurisdictions across the country that have 

adopted the ISPSC. When adopted, the International Swimming Pool and Spa Code 

will provide the same level of safety protection for newly installed residential pools 

and spas that the VGB now mandates for public pools and spas. 

It is important to note that the ISPSC not only addresses suction entrapment prevention in pools and spas, but also provides barrier protection requirements in order 

to reduce the risk of unattended access to the pool or spa; understanding that the 

primary layer of protection is constant adult supervision of toddlers. Providing these 

pool safety requirements to prevent drownings is of utmost importance and we continue to encourage each and every state to adopt this code. 

Conclusion 

In conclusion, on behalf of APSP and its many members, we appreciate what this 

subcommittee is doing to support water safety and recognize the efforts of industry, 

the many safety organizations and advocates who have played a significant role in 

reducing these tragic incidents since the inception of the Virginia Graeme Baker 

Pool and Spa Safety Act, understanding there is more work to be done. 

We hope the Subcommittee members will recognize and support statewide adoption of the International Swimming Pool and Spa Code (ISPSC) to now protect our 

residential pool and spa users thus finally protecting all our nations’ swimmers. 

Thank you for the opportunity to testify. I would be pleased to answer your questions. 

The CHAIRMAN. Mr. Gottwald, thank you very much. 

To my colleagues, the vote was called at 3:01. There are about 

5 minutes left, but we’re notifying the cloakroom we will be there 

shortly, and I call on Ms. Harvey. 

STATEMENT OF CONNIE HARVEY, DIRECTOR, AQUATICS 

CENTENNIAL INITIATIVES, AMERICAN RED CROSS 

Ms. HARVEY. Thank you very much. Good afternoon, Chairman 

Moran, Ranking Member Blumenthal, and distinguished members 

of the Subcommittee. My name is Connie Harvey, and I am the Director of the Aquatics Centennial Initiatives for the American Red 

Cross. It’s an honor to be here to talk with you about the important 

issue of keeping children and families safe in and around the 

water. 

Water provides opportunities for fun, fitness, sport, competition, 

rehabilitation, employment, but it also carries significant risks, 

risks that can be tragic. The work of your Committee to provide 

safer products, including pools and spas equipment and toys, aligns 

directly with the work of the American Red Cross to prevent, prepare for, and respond to emergencies and to help enjoy the water 

safely. 

As you’ve heard this afternoon, drowning is a leading cause of 

death in the United States, especially for children. Drowning prevention requires a multipronged approach that includes prevention 

of unauthorized access to water, elimination of hazards, such as 

dangerous drains, and arming children and adults with knowledge 

and skills to help them be safe in and around water. 

The Red Cross has a network of 13,000 aquatic providers across 

the Nation who teach more than 2.5 million people each year to 

swim and about water safety, and who train 325,000 lifeguards 

each year. But even with these impressive numbers, there are large 

segments of our population who are not learning to swim or who 

do not know critical water safety strategies that could save their 

lives. 

14 

In 1914, the American Red Cross added drowning prevention to 

its mission. To mark this milestone, in 2014, we launched our 

Aquatics Centennial campaign. We selected 50 communities where 

the drowning rates or the numbers of drownings are high. Through 

our training partners, we are providing access to lifesaving knowledge and skills to parts of their communities that were not getting 

this training. Our goal is twofold: teach an additional 50,000 children and adults to swim and about water safety, and train 1,000 

more lifeguards and water safety instructors. 

Parents and caregivers are critical to our campaign. We teach 

them the circle of drowning prevention, that is, the layers of protection that help prevent drowning from happening in the first place. 

And we teach about the chain of drowning survival, which are the 

skills and knowledge required to help in an emergency. 

We seek aquatic facilities in underserved neighborhoods with 

convenient access to water. The Centennial campaign is a 

multiyear commitment, which allows us to help get swimmers to 

water competency and to develop lifeguards and swim instructors 

from within these communities. Not only does this provide job opportunities, but it also helps develop role models for participation 

in and excitement for the water. 

So as we head into our fourth year of the Centennial campaign, 

we have helped initiate or expand programs that are affordable to 

families with the greatest need. So far, around 45,000 sets of swim 

lessons have been delivered, 900 lifeguards and water safety instructors have been certified, 800 youth have completed junior 

lifeguarding, and 3,000 parents and caregivers have participated in 

water safety training. 

Today, we recognize the 10th anniversary of the Virginia Graeme 

Baker Act. The VGBA is making pools and spas across this Nation 

physically safer. The resulting CPSC’s Pool Safely campaign is providing vital resources to aquatic facilities and the communities they 

serve with action steps that are very empowering and lifesaving. 

The Red Cross has been an active partner of the Pool Safely campaign from the very beginning. We believe in the Pool Safely motto, 

‘‘Simple Steps Save Lives.’’ You don’t know which it is until it does. 

This embodies the spirit of the need for partnerships. You do not 

know which organizations’ messages or programs will resonate and 

convince someone to take actions like put a fence around their pool, 

enroll in swim lessons, and replace their drain covers with one that 

is VGBA-compliant. Of course, to make a real impact in reducing 

drowning, there must be strong coalitions of national organizations, 

such as Water Safety USA, which is made up of agencies who 

share a common mission of drowning prevention. Together, we amplify one another’s work. 

High profile activities raise awareness. With our diversity and 

aquatics partners, on May 15, International Water Safety Day, collectively we reached more than 1 million people around the globe 

with water safety messages. The World’s Largest Swimming Lesson on June 22 will highlight the fact in a very big way that swim 

lessons save lives. 

We are honored and humbled to work with families who have 

faced the tragedy of drowning and drain entrapment, such as the 

ZAC Foundation, the Baker family, Stew Leonard III Children’s 

15 

Charities, and Drennen’s Dreams. They share their tragic stories, 

and from their heartbreak, we work together to prevent them from 

ever happening again. But it will take us all working together to 

do so. Thank you for your role in this fight. 

Again, thank you for giving the American Red Cross the opportunity to share information about our aquatics programs. We are 

proud of our work and know that we are making an impact to impact drowning. 

[The prepared statement of Ms. Harvey follows:] 

PREPARED STATEMENT OF CONNIE HARVEY, DIRECTOR, AQUATICS CENTENNIAL

INITIATIVES, AMERICAN RED CROSS

Chairman Moran, Ranking Member Blumenthal, and distinguished Members of 

the Subcommittee, it is an honor to testify before you on behalf of the American Red 

Cross. We applaud your efforts today to bring attention to the important issue of 

keeping children and families safe around the water. I am the Director of the Red 

Cross Aquatics Centennial Initiatives and serve as a longtime advocate and spokesperson for pool and water safety. 

The work of the Red Cross impacts lives every day—down the street, across the 

country and around the world. We help those affected by disasters; provide services 

to our military, veterans and their families; collect blood and blood products for patients; teach life saving courses and, internationally, partner with organizations to 

assist those in need. 

We are able to achieve our mission through the power of volunteers and the generosity of the American public. Each day, through the Red Cross, thousands of people provide compassionate care to those in need. And, we do this every day because 

the Red Cross is needed every day. 

Today, I am focusing on our preparedness and health and safety programs. About 

16,000 times a day, a person receives life saving Red Cross health and safety training, which includes cardiopulmonary resuscitation (CPR) certification, automated 

external defibrillator (AED) training, babysitting courses and, of course, learning to 

swim. Throughout the nation, the Red Cross is working with essential partners in 

serving communities by teaching children and adults to swim and how to be safe 

in and around water. 

Whether people live inland or by the water, they seek water for many reasons— 

recreation, fitness, sport—to name a few. We strongly believe that water safety 

knowledge and swimming are life skills that everyone should know. 

American Red Cross Aquatics History 

In 1914, the Red Cross teamed up with established lifesaver Commodore Wilbert 

Longfellow to form the National American Red Cross Life Saving Corps. Longfellow 

realized the rising death toll from drowning could become a national tragedy unless 

new safety standards were introduced. While building the Red Cross Life Saving 

Corps, the Commodore took on the additional challenge of providing sound, largescale instruction in swimming. 

And, for the next 33 years, Longfellow and the Red Cross along with other partners, such as the Boy Scouts and the YMCA, worked together in advancing the life 

saving and water safety program. 

This work speaks for itself—not only did we see the Nation’s drowning rate cut 

in half, we also witnessed a surge in the popularity of swimming, boating and other 

water activities. At the time of Longfellow’s death in 1947, we estimate about 80 

million Americans were participating in some form of aquatics recreation. 

Today, Longfellow’s legacy lives on. 103 years later, the American Red Cross 

Lifeguarding and Swimming and Water Safety programs are still helping keep 

Americans safer around the water. Each year more than 2.5 million people learn 

to swim from Red Cross Water Safety Instructors, and more than 325,000 lifeguards 

are trained to help protect America’s pools, water parks and non-surf waterfronts. 

While the hallmarks of the early Red Cross Lifesaving and Water Safety program 

can clearly be seen today, the Red Cross continues to evolve with the times and provide the highest quality educational methods, including embracing technology with 

simulation learning and our mobile applications, such as our Red Cross Swim App, 

designed to teach parents and children about water safety and track their progress 

through learning to swim. 

Through the work and guidance of the American Red Cross Scientific Advisory 

Council, Red Cross aquatics programs of today are based on the latest available 

16 

science related to life saving, resuscitation and first aid as well as teaching methods 

and instructional design. 

Our Aquatics sub-council of the Scientific Advisory Council has developed the Circle of Drowning Prevention, Chain of Drowning Survival and a definition of water 

competency as a means to educate the general public about the knowledge and skills 

that everyone should know to help keep them safer in and around water. 

Drowning in the United States: Startling Statistics & the American Red 

Cross Response 

Even with our ongoing effort to motivate all Americans to learn to swim, over the 

last decade, the national drowning rate averages more than 3,500 deaths per year. 

Consider these alarming facts presented in 2016 by the Centers for Disease Control and Prevention (CDC): 

• An average of ten people each day die from unintentional drowning. 

• Drowning is responsible for more deaths among children ages one to four than 

any other cause except birth defects. 

• Among our children between one and 14 years of age, drowning is the second 

leading cause of unintentional injury-related death, only behind motor vehicle 

crashes. 

• For every child who dies from drowning, another five receive emergency care 

for nonfatal submersion injuries. 

Even more concerning is that drownings do not affect everyone equally. Children, 

males, minorities (particularly African-American and Hispanic populations) and 

those in rural areas are at a greater risk for drowning. 

The Red Cross believes these numbers are unacceptable, especially knowing that 

drowning is preventable. 

A 2014 survey, conducted for the Red Cross, found that while 80 percent of Americans said they could swim, only 56 percent of the self-described swimmers can perform all five of the basic skills that could save their life in the water. 

These critical water safety skills, also known as ‘‘water competency,’’ are the ability to: 

1. Step or jump into water over your head; 

2. Return to the surface and float or tread water for one minute; 

3. Turn around in a full circle and find an exit; 

4. Swim 25 yards to the exit; and 

5. Exit from the water. If in a pool, be able to exit without using the ladder. 

The survey also found that nearly half of Americans (46 percent) report that they 

have had an experience in the water where they were afraid they might drown. In 

addition, one in five (19 percent) said they knew someone who had drowned, and 

20 percent knew someone who experienced a non-fatal drowning. 

In 2014, the World Health Organization released the Global Report on Drowning, 

affirming the Red Cross belief that a proven strategy to prevent drowning is to improve swimming and water safety skills. 

This may sound simple, but, actually, our response is not an easy task and the 

Red Cross must engage in a multi-pronged endeavor in order address these statistics. Our continuous outreach includes increasing access to swim lessons, motivating 

everyone (youth and adults) to overcome barriers and learn about water safety, and 

creating a sustainable ecosystem of water safety that engages the next generation. 

Unsatisfied with the occurrence of any preventable drowning and deaths, the Red 

Cross is continuing our legacy of helping to save lives in, on and around the water. 

American Red Cross Aquatics Centennial Campaign 

In 2014, to mark our 100 year anniversary since the Red Cross added drowning 

prevention to its mission, we launched our Aquatics Centennial Campaign. We set 

a goal of helping 50,000 more people in 50 communities learn to swim and learn 

about water safety to help reduce the drowning rate in these communities. 

Additionally, we set out to develop 1,000 more lifeguards and water safety instructors, train parents and caregivers in pediatric CPR/AED and offer water safety education for families. 

We selected 50 communities where the drowning rate is higher than the national 

average (1.13 per 100,000) or where a high number of drownings occur. 

Our effort is two-fold: providing basic swimming and safety skills to be water competent and delivering knowledge on how to prevent, recognize and respond to aquatic emergencies to families who likely would not otherwise have the opportunity to 

participate in this training. 

17 

However, creating a culture of water safety is a challenge, especially in communities with little or no resources dedicated to such an effort. Therefore, the Centennial Campaign focuses on 6 goals. It is through these key prevention strategies that 

we are able to reach more individuals and families with our message. 

1. Teaching Learn to Swim Classes 

In partnership with local Red Cross Licensed Training Provider facilities, our 

courses teach people the abilities to swim, think and act safely around the water. 

These courses center on water survival, safety and swimming skills, with a strong 

emphasis on drowning prevention and water safety. 

While we most often serve children, we encourage adults to participate in these 

classes as well. We believe that water safety is a family activity and experience. For 

example, if a mom becomes more comfortable in the water, she may be more confident in enrolling her child in a swim class. Or, if an older teen gains the fundamentals of swimming, she now has the skills and confidence to enter a 

Lifeguarding or Water Safety Instructor course. 

2. Offering Water Safety Education 

In addition to learning to swim, children need to be taught how to make safe decisions around the water. Red Cross Longfellow’s WHALE Tales (an acronym for 

Water Habits Are Learned Early), which was first introduced in 1988, is a water 

safety education program that teaches children potentially life saving decision-making skills. The program includes lessons on the importance of swimming only in designated swimming areas that are supervised by lifeguards, how to look out for dangerous conditions, to swim with a buddy and help a person in trouble in the water 

by reaching or throwing an object. 

The best thing about our WHALE Tales program is that it can be delivered on 

dry land, beyond the swim lesson setting, and brought into the community through 

day cares, camps and schools. 

3. Enrolling Parents/Caregivers in Pediatric CPR/AED Training 

For every family with a child enrolled at a participating facility, parents and caregivers have the opportunity to attend a Red Cross Pediatric CPR/AED course at no 

charge. 

In the time it may take for emergency help to arrive, a bystander’s CPR skills 

could save someone’s life. Bystander training is the cornerstone of our Red Cross 

preparedness mission. The earlier CPR is started and an AED is on the scene, the 

better chance of improved outcome for the victim. 

4. Training Lifeguards 

Every community needs a pipeline of experienced and certified lifeguards to provide reliable protection for water recreation activities. 

According to the CDC, lifeguards rescue more than 100,000 persons from drowning each year. Actually, the most frequent actions of lifeguards are to prevent 

drowning from ever happening, such as warning individuals away from dangerous 

areas and suggesting that poor swimmers stay in shallow water. Without a doubt, 

trained, professional lifeguards have significantly reduced drowning deaths in the 

United States. 

5. Training Water Safety Instructors 

Water Safety Instructors are instrumental in creating and sustaining a water 

safety culture. They are part of our ‘‘train the trainer’’ outreach effort. We are helping develop much needed swim instructors who will help advance our message well 

beyond the Centennial Campaign. 

6. Raising Awareness 

Ultimately, specifically through the Centennial Campaign and, more broadly 

through the Red Cross aquatics mission, this program attempts to change the behavior of parents and caregivers by empowering them to be actively involved in 

drowning prevention. All are encouraged to apply their new skills and knowledge 

every time they are near the water in order to prevent drownings and to save lives. 

As we head into our fourth year of the Centennial Campaign, we are working 

with 51 partners in 87 communities in 200 aquatic facilities across 17 states. We 

are serving vulnerable areas within these communities, such as those served by 

rental assistance or with special designations for additional services like ‘‘neighborhood strategy area’’ or ‘‘transforming neighborhoods initiatives.’’ Already, more than 

45,000 sets of swim lessons have been delivered to help children and adults gain 

the life skill of swimming. 

18 

The Centennial Campaign has trained nearly 900 lifeguards and Water Safety 

and Basic Swim Instructors in these same communities. And, we are developing future lifeguards through more than 800 youth who have completed Junior Lifeguarding. 

More than 3,000 parents and caregivers have participated in training to help 

them make good choices for their families around the water and to know what to 

do to respond in a water emergency until help arrives. 

These partnerships are providing accessible, affordable, high quality swim lessons, 

by starting up or expanding swim lessons and reaching those in at-risk and underserved communities. Without this program, these individuals and families would not 

have the tools and resources necessary to help build a swimming and water safety 

culture. 

While we are well on our way to achieving our service delivery goals, there is so 

much more work to be done to drive down the drowning rate in our country. It takes 

partnerships, like those we have with our training providers of parks and recreation 

departments, youth-service organizations, and many, many others. 

Virginia Graeme Baker Act: 10th Anniversary 

Today, we are recognizing the 10th anniversary of the Virginia Graeme Baker Act 

(VGBA) and its impact on pool and spa safety. The requirements set forth in the 

VGBA are making the pools and spas across this Nation ‘‘physically’’ safer. And 

while this first-of-its-kind Federal law regulates public facilities, the effects are also 

very evident in residential pools and spas with much safer equipment in the marketplace and a heightened awareness of the dangers of drains. 

In addition to the requirements that help prevent injuries due to suction entrapment eviscerations from drains and other fittings in pools and spas, the Act mandated a public information campaign with a goal to prevent drowning and entrapment incidents in pools and spas nationwide. The result is the CPSC’s Pool Safely 

Campaign. 

The Red Cross has been an active partner of the CPSC and the Pool Safely Campaign from the very beginning. Pool Safely is providing vital resources to aquatic 

facilities across the Nation that help raise awareness of the risks associated with 

the water and the dangers of drain entrapment at a very grass roots level. But the 

messages are also very empowering, providing critical water safety information— 

and action steps—that saves lives. 

We at the Red Cross believe in the Pool Safely motto: Simple Steps Save Lives. 

It is true that you do not know which step it is, until it does. This motto embodies 

the spirit of the need for partnerships among our organizations. You do not know 

which organization’s message or programs will resonate with someone and convince 

them to take actions like put a fence around their pool, enroll in swim lessons, learn 

CPR or replace their drain cover with one that is VGBA compliant—but it may only 

take one to save a life. 

The Need for Continued Collaboration 

To make a real impact in reducing drowning, there must be strong coalitions of 

national organizations, such as Water Safety USA, a coalition of non-profits and 

governmental agencies that share a common mission of drowning prevention. Together, we are able to amplify one another’s work and help raise awareness of the 

need for swimming lessons for all and the importance of knowing basic water safety 

concepts and how to respond when things go wrong. 

I am proud of the Aquatics industry that is coming together for our common mission to stop drowning with high profile awareness activities. Earlier this month, 

with our Diversity in Aquatics partners, on International Water Safety Day held on 

May 15, collectively we reached 1 million people around the globe with water safety 

messages. We look forward to the World’s Largest Swimming Lesson on June 22, 

which is a day to highlight that swim lessons save lives. 

We are honored and humbled to work with families who have faced the tragedy 

of drowning and drain entrapment, such as The ZAC Foundation, Stew Leonard III 

Children’s Charities and Drennen’s Dreams. They share their tragic stories—and 

from their heartbreak, we are working together to prevent them from happening 

again. 

But, it will take us all working together to do so. 

Conclusion 

There is little doubt that the need to train children and adults water safety and 

swimming skills is not only essential, it is life saving. Through our ongoing efforts, 

with particular focus on our Aquatics Centennial Campaign, the Red Cross can help 

provide access in communities with the greatest need to develop the skills and beVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00022 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\29973.TXT JACKIE
19 

haviors to make families and communities safer, to be responsible around the water 

and to know how to help and protect each other and their future generations. 

Again, thank you for giving the American Red Cross an opportunity to provide 

information about our ongoing aquatics programs and highlight our Centennial 

Campaign initiatives. We are proud of our work as we continue to advance water 

safety training efforts to help reduce drowning and deaths in communities across 

the Nation. 

I am happy to address any questions you may have. 

The CHAIRMAN. Ms. Harvey, thank you very much for your testimony. Thank you for the Red Cross’s efforts. 

I’m going to recess this hearing for approximately 15 minutes, so 

I’ll recess it until the sound of the gavel of the Chair, so that we 

can go cast two votes. We’ll be back. I’ll give the Ranking Member 

the opportunity to offer an opening statement, and then we’ll turn 

to questions. So we stand in recess till the sound of the gavel. 

[Recess.] 

The CHAIRMAN. Thank you all very much for your patience. I will 

call the hearing back to order. And I think what we’ll do is give 

Senator Blumenthal and I an opportunity to make a few comments, 

and then open it to questions by the Committee members. 

I would explain that the reason I thought it was useful to have 

your testimony go before anything else is that it gave you the opportunity to have the largest number of Senators in the room and 

listening, and what you have to say is much more significant and 

important than what—I don’t know about Senator Blumenthal, but 

what I might say. 

But I do think because part of the purpose of this hearing is to 

make certain that we raise public awareness, I want to make certain that at least some of these things that are being talked about 

are understood. And so I would again tell you that it’s an honor 

to have all of you here and to have this hearing. And I appreciate 

the working relationship that Senator Blumenthal and I have in 

bringing this hearing to fruition. This is the second hearing of our 

subcommittee this year, and as I say, in part, it’s designed to raise 

awareness of issues that are important to protecting Americans 

and their family members, to protect consumers. It’s part of this 

Subcommittee’s jurisdiction and our assignment. 

We’re specifically examining the issue of pool and spa safety. It 

has been several years since Congress last held a hearing on this 

issue. This year does mark, as we’ve heard from the testimony, the 

10th anniversary of the Virginia Graeme Baker Pool and Spa Safety Act. It was signed into law on December 19, 2007, by President 

George W. Bush. The legislation, as we’ve heard, is known as VGB, 

and it’s aimed to enhance the safety of public and private pools and 

spas, reduce child drownings, and educate the public on the need 

for constant supervision of children in and around water. The hearing is designed to examine the extent to which the VGB has accomplished those goals over the past decade since its enactment. 

While I wish we were here under different circumstances, as I’ve 

indicated previously, we honor the parents who are here to help 

make certain that what happened in their family’s life happens in 

no other family’s life. There is also an additional individual that’s 

with us today, that’s Scott Taylor. And his daughter, Abbey Taylor, 

was also a victim of suction entrapment, and her death inspired 

20 

Abbey’s Hope Foundation in her name to educate the public about 

pool and spa safety and to keep kids safe. 

As was indicated, this month of May is National Drowning Prevention Month, and to that end, I’m pleased to join the Ranking 

Member, Senator Blumenthal, and Commerce Committee Chairman Thune, and I think Senator Nelson in introducing today a resolution supporting the states and including my own state of Kansas 

that have signed proclamations declaring May as National Water 

Safety Month. We wish to recognize and express support for those 

goals and for ideals of that designation. 

And this upcoming Memorial Day, just a few days away now, 

this weekend traditionally marks the beginning of summer swimming season. For American families, recreational swimming is a 

time-honored tradition. Swimming pools, such as the Big Pool in 

Garden City, Kansas, it’s the largest outdoor municipal concrete 

swimming pool in the world, are fixtures of our local communities. 

I smiled with Ms. Harvey’s testimony, one of the meanest persons, at least I thought as a 5- or 6-year-old, was my Red Cross 

swimming instructor, who continually forced me to get into freezing 

water well before there were ever heated pools in my community’s 

life. They are a mainstay of American life, and we want that mainstay to be as safe and secure as possible. 

Parents and adults work to monitor children around pools and 

spas and take precautions such as stopping them from running on 

wet surfaces. Many don’t realize the potential dangers that are 

posed by pool drains. Even when we have attentive parents and 

adults around, accidents unfortunately still happen. 

Drownings continue to be ranked second or third among the leading causes of death for children, depending on the state, especially 

for children ages 1 to 4 years old. In Kansas, there have been 297 

drownings in the past decade. What makes these tragedies all the 

more painful for families is that the accidents are, in many instances, preventable. 

I appreciate the willingness that our witnesses have shown in 

discussing these sensitive topics, and I appreciate the perspectives 

that they bring. And I know that they took time to prepare and to 

come here to present their heartfelt testimony. 

It’s my hope that a Senate hearing calling attention to pool safety leading into this summer season will have a positive impact on 

reducing pool- and spa-related injuries and deaths. And again I 

thank my colleague, Senator Blumenthal, for his efforts in bringing 

this issue forward in the past and today. And if greater awareness 

can prevent one child’s death, then this committee hearing has 

served a useful purpose. 

So again thank you, witnesses, for joining us. I apologize for the 

time circumstances we found ourselves in. 

[The prepared statement of Senator Moran follows:] 

PREPARED STATEMENT OF HON. JERRY MORAN, U.S. SENATOR FROM KANSAS

Good afternoon, everyone. I call to order this hearing of the Senate Subcommittee 

on Consumer Protection, Product Safety, Insurance and Data Security. Today is the 

second gathering of the Subcommittee this year, and again our purpose is to raise 

awareness of issues important for the protection and betterment of American consumers. 

21 

I have convened today’s hearing to specifically examine the issue of pool and spa 

safety. It has been several years since Congress last held a hearing on this issue. 

This year marks the tenth anniversary of the Virginia Graeme Baker Pool and Spa 

Safety Act, which was signed into law by President George W. Bush on December 

19, 2007. 

This legislation, known as VGB, aimed to enhance the safety of public and private 

pools and spas, reduce child drownings, and educate the public on the need for constant supervision of children in and around water. This hearing will examine the 

extent to which VGB has accomplished these goals over the past decade since enactment. 

I understand former Senator George Allen of Virginia is in the audience today. 

Senator Allen is to be commended for his leadership in getting VGB signed into law 

during his time as Chairman of this Subcommittee. 

Of course, while I wish she were here under different circumstances, I am pleased 

that we are joined today by Nancy Baker, whose daughter Virginia Graeme Baker 

was the namesake for this legislation after her tragic death in June of 2002. 

I want to recognize one more individual with us today and that is Scott Taylor, 

whose daughter Abbey Taylor was also a victim of suction entrapment, and whose 

death inspired the Abbey’s Hope foundation in her name to educate the public about 

pool and spa safety and keep kids safe. 

As some of you are aware, the month of May is National Drowning Prevention 

Month. To that end I am pleased to join Ranking Member Senator Blumenthal and 

Commerce Committee Chairman Thune today in introducing a resolution supporting 

the states, including Kansas, that have signed proclamations declaring May as ‘‘National Water Safety Month,’’ recognizing and expressing support for the goals and 

ideals of that designation. 

The upcoming Memorial Day weekend traditionally marks the start of summer 

swimming season. For American families, recreational swimming is a time-honored 

tradition. Swimming pools such as The Big Pool in Garden City, Kansas—the largest outdoor municipal concrete swimming pool in the world—are fixtures in local 

communities and popular destinations for relief from the summer heat. 

While parents and adults work to monitor children around pools and spas and 

take precautions such as stopping them from running on wet surfaces, many don’t 

realize the potential dangers posed by the pool drains, and so even when attentive 

parents and adults are around accidents can unfortunately still happen. 

Drowning continues to be ranked second or third among the leading causes of 

death for children, depending on the state, especially for children ages one to four 

years old. In Kansas, there have been 297 drownings in the past decade. What 

makes these tragedies all the more painful for families is that the accidents are, 

by and large, preventable. 

I appreciate the willingness of our witnesses to discuss sensitive topics. Each of 

our witnesses will bring unique perspective on how to avert harm and improve safety for pool and spa-related activities, as well as ideas beyond this hearing for improving consumer awareness. I appreciate the time you have taken to prepare your 

heartfelt testimony. 

It is my hope that a Senate hearing that calls attention to pool safety leading into 

the summer season will have a positive impact on reducing pool and spa-related injuries and deaths. I thank my colleague and Ranking Member, Senator Blumenthal, 

for being here to help promote awareness of the issues surrounding pool and spa 

safety. Certainly if greater awareness can prevent just one child’s death, we will 

have succeeded. 

Once again, thank you all for being here. I will now turn to the Ranking Member, 

Senator Blumenthal, for his opening remarks. 

The CHAIRMAN. And I recognize the Ranking Member. 

STATEMENT OF HON. RICHARD BLUMENTHAL, 

U.S. SENATOR FROM CONNECTICUT 

Senator BLUMENTHAL. Thank you, Chairman Moran, and thank 

you for having this hearing. I’m very proud to join with you in the 

resolution recognizing May as National Water Safety Month. As a 

longtime swimmer and user of many pools, and as the father of 

four children who have used pools, this is a cause close to my 

heart. I learned about this nightmare from fortunately a few conVerDate Nov 24 2008 06:09 May 23, 2018 Jkt 075679 PO 00000 Frm 00025 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\29973.TXT JACKIE
22 

stituents in Connecticut when I was Attorney General, notably 

Karen Cohn, of Greenwich. 

I thank you for being here today, Karen, as well as Nancy Baker, 

and sharing your stories with such incredible courage and strength 

and helping us to avoid similar kinds of deaths in the future. 

There is no excuse, none, for having the kind of drain that led 

to these deaths. And most Americans probably wouldn’t recognize 

one compared to the other, but I just want to have both of them 

held so that you can see, that is, you, the audience, can see the difference. [Senator displays two different types of drains.] The dangerous drain, on your right, which probably is in use in most private pools around the country, and the safer one on the left. It’s 

not that pools have to go without drains, they just have to install 

safe drains. And as you can see by the comparison, it’s not like one 

is vastly more expensive than another, they’re made of the same 

material, it’s just a different design. And there is absolutely no excuse for pools to continue with the less safe one. 

I want to thank Senator Klobuchar for her leadership on this 

issue. The Virginia Graeme Baker Pool and Spa Safety Act was 

first enacted in 2007. And since then, there have been no deaths 

in such public pools and spas across the country. Since 2009, there 

have been two deaths in private and residential pools and spas, 

and that has been my focus as an advocate and as Attorney General. The simple fact of the matter is the VGB Act covers only public pools, which represent just 3 percent of all pools in the country. 

The vast majority of the pools in the United States, 8.5 million, are 

private residential pools without the protection of the VGB Act. 

I think that public awareness is tremendously important here, 

and is one of the reasons we’re having this hearing, and one of the 

reasons why consumer protection is so important. I felt public 

awareness was critically significant when I served as Attorney 

General and I continue to feel that way now in the United States 

Senate. We can be teachers and educators in this body. And you 

are performing a vitally important service by being here and sharing your story because as much as we may speechify on the floor 

of the Senate or elsewhere, your stories carry the main impact. 

I hope we will move forward with our resolution. I hope also that 

the plan offered by the President, the budget that cuts resources 

for the Consumer Product Safety Commission, is defeated. Reducing those resources simply enables the kinds of neglect of consumer 

and product safety that will lead to less awareness and less protection. This budget eliminates funding for VGB grants for Fiscal Year 

2018. 

As much as we’re here to champion this cause, the stark fiscal 

picture is pretty discouraging, and I can guarantee you, Karen and 

Nancy, that I will fight to continue that funding. 

Thank you. 

The CHAIRMAN. Senator Blumenthal, thank you very much. I 

know Senator Klobuchar had a significant role in this legislation 

over a long period of time. 

Senator, any opening statement or brief comments you would 

like to make? 

23 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Well, thank you. I did want to get to our 

witnesses, but I want to recognize Scott Taylor, who is in the audience. Where are you, Scott? Right there. He and Katey were really 

an inspiration for me when Abbey Taylor was severely maimed in 

a swimming pool in the suburbs of the Twin Cities, and she lived 

for a year after. And I will never forget, I went to her hospital 

room, and this little girl with this big smile, all of her intestines 

sucked out, and she looked at me and she says, ‘‘I don’t want this 

to happen to any other kid.’’ And then she went on, and her parents—Scott would never give up on this. He literally called me on 

my cell phone every week and said, ‘‘Has the bill passed yet?’’ as 

if it’s that easy to pass bills. But, with good leadership and the help 

of a lot of people, including our two wonderful witnesses today and 

their families, Ted Stevens, Mark Pryor, Harry Reid, and Trent 

Lott we got this done. So I’m glad we got this done, and I don’t 

want us to rest on our laurels when we know there are so many 

other problems with children drowning stemming from private 

drains, and unrelated to drains. 

So thank you so much. 

The CHAIRMAN. Senator Cortez Masto, anything you would like 

to say before we go to questions? 

Senator CORTEZ MASTO. No. 

The CHAIRMAN. Thank you very much. I’m going to defer my 

questions till later, and I’ll recognize the Ranking Member once 

again. 

Senator BLUMENTHAL. Thank you very much. Again my thanks, 

Mr. Chairman, for having this very important hearing and for giving me this opportunity to ask a few questions. 

Let me first ask you, Ms. Cohn, how many children have you 

been able to teach to swim through the Bridgeport ZAC Camp, 

which really has been such a great model and contributor to this 

cause? In your experience, what impact does the VGB grant and 

ZAC Camp have on the Bridgeport community and Connecticut? 

Ms. COHN. Yes. So first I believe that the grant program is very 

important, so any funding that could be allocated to water safety 

is so important. And so we were able to hold a camp, a ZAC Camp, 

in Bridgeport, as well as Stamford, and we’ve been holding ZAC 

Camps in Greenwich, Connecticut, since 2011. The Greenwich 

camp is not through the grant program, but the Stamford and the 

Bridgeport was. And we reached about a little more than 200 kids 

through those camps during that time. 

Senator BLUMENTHAL. How did you happen to form that camp? 

Are you aware of other camps that are similarly funded through 

the VGB program? 

Ms. COHN. So what we did was we ran our own camp, which we 

partner with the Boys and Girls Clubs throughout the country to 

reach underserved children in minority communities, and we do 

that through the BGCA. 

And the ZAC Camp actually has three components. We have a 

curriculum for water safety, and we also include first responders, 

where they come in and do their own safety lesson with the kids 

as well. And that partnership we have throughout the country. And 

24 

through that partnership, we’ve actually reached over 10,000 children. However, what we do is we have the ZAC Camps and we use 

the media markets to get our messaging out, so that there are 

many, many more people that are actually hearing about the water 

safety in addition to the kids that we’re reaching directly through 

the camps. 

Senator BLUMENTHAL. That’s such an important contribution, especially when you consider that drowning remains the number one 

cause of unintentional injury and death in children 1 to 5 years old. 

How would you recommend that we make this grant program more 

flexible, do better outreach, so that more states and localities apply 

for pool safety grants? I’ll open this question to others on the panel 

as well who may have some thoughts. 

Ms. COHN. Well, first state and localities, what’s important is 

that they need to know about the grant program and that it’s available. And I think that’s what we were finding, that they were not 

aware of the ability to apply for the grants. And then I think 

that—I don’t know if it’s possible, but something that we’ve always 

talked about is actually allowing the other organizations, like the 

ZAC Foundation or Abbey’s Hope or other family foundations that 

are 501(c)(3)’s, that maybe they could apply for the grant program 

as well. 

Senator BLUMENTHAL. Any other thoughts from other members 

of the panel? 

Ms. HARVEY. I would echo what Karen said related to having 

other organizations be able to apply. Like we are fundraising to be 

able to provide our Centennial campaign, and the requirements 

deny—they do not allow us to apply for that funding. So we actually partner with organizations like the ZAC Foundation to extend 

what they are doing in their ZAC Camps into a situation that can 

be year-round, so those children are getting swimming lessons, the 

parents are learning CPR. It gets started with the ZAC Camp and 

then keeps moving throughout the year through the Boys and Girls 

Clubs. 

Senator BLUMENTHAL. Your organization does great work, and 

there are others, including Stew Leonard’s. Stew Leonard has a 

wonderful organization. 

Ms. HARVEY. Absolutely. 

Senator BLUMENTHAL. I’ve worked with Stew Leonard and he 

does great work. It’s really an example of cooperative work and 

teamwork and I think a collaboration that sets a model for all of 

us, and I want to thank you as well for being here today. Thank 

you. 

Thanks, Mr. Chair. 

The CHAIRMAN. Senator Klobuchar. 

Senator KLOBUCHAR. Thank you very much. I thought we’d have 

Abbey’s picture up there so everyone remembers her smiling face 

that I told you about. 

I wanted to start with you, Ms. Baker. We have learned there 

are some cuts in the budget that could affect our efforts, and 

they’re to the grant program. Maybe you or Ms. Cohn or any one 

of the witnesses can describe the grant program that’s part of our 

bill and why it’s so important. 

25 

Ms. BAKER. Well, my understanding of the grant program is that 

when states—states could apply for this, and the receipt of that 

funding was contingent on their efforts to fund compliance, fund a 

mechanism to check on compliance, in public pool settings and to 

create statewide drowning prevention initiatives. So I think in 

terms of both the educational component and also the more concrete and tangible mechanical structural changes that VGB insisted on, that grant program was meant to incentivize states to 

work for compliance. And I think it does a terrible disservice to cut 

the funding. 

I do agree with Mrs. Cohn when she said—and she mentioned 

that states may not be aware that that funding is available to 

them, were they to be proactive in drowning prevention, and I 

think the CPSC, although—I mean, the Pool Safely program has 

truly been successful. 

Senator KLOBUCHAR. Right. Thank you, Ms. Baker. Maybe you 

want to talk about the education efforts, Ms. Cohn, and how you 

think it would be helpful to have more education for private pool 

owners as well. 

Ms. COHN. So there are several things that through the ZAC 

Foundation we were thinking about, and one I mentioned in my 

testimony, and that is this Subcommittee oversees insurance, correct? And so we were thinking that maybe partnering with insurance companies so that when they actually go to inspect a home— 

and I actually just had to do this recently in my own home because 

my insurance was changing, and they come in and they do a complete inspection. 

While they do that, we have been thinking over the years that 

what they should do is also work with the either locality or the 

state to make sure that that pool at that house is built in accordance with the law, and then not insure the home until they can insure that it actually is, that that would be one way. And also while 

you’re doing that, by the way, you’re also educating the family because otherwise, they don’t know that their pool is required to have 

certain safety rules. 

And then another thing that we talked about with the insurance 

company is also offering discounts to people if they have additional 

safety around their pool that’s maybe not required by law, but—— 

Senator KLOBUCHAR. OK. Thank you, Mr. Gottwald. Do you want 

to talk about those drains again and what makes the new drain 

covers safer? What’s the difference in price between them? 

Mr. GOTTWALD. Sure. Thank you, Senator. Well, the difference in 

price in minimal. I think what I’d like to comment to you—— 

Senator KLOBUCHAR. Isn’t it just a few dollars? Since I remember 

we talked about this. 

Mr. GOTTWALD. I’m sorry? 

Senator KLOBUCHAR. When we first passed the bill, there was a 

lot of discussion. Would it cost that much? 

Mr. GOTTWALD. No. It’s under $100. 

Senator KLOBUCHAR. Right. 

Mr. GOTTWALD. I don’t have the exact, but it’s minimal. And I 

think to your point, is that—— 

26 

Senator KLOBUCHAR. And the government didn’t pay for the 

drains, it was much more—whatever the public pool was that paid 

for it. 

Mr. GOTTWALD. Correct. Moving beyond the drains as well, by 

adoption of the code that I mentioned in my testimony, that gets 

into the residential pools. If a state or a locality adopts this code, 

that means the VGB requirements will now be applicable to residential pools. So that takes care of the drain piece, but as mentioned, there are other safety issues as well. This code also has barrier requirements, whether they be fencing or whether they be covers on—lockable covers on hot tubs, it is the design of the pool, you 

know, the bell in the pool, so that kids, or adults for that matter, 

don’t dive in and hit the corner of the pool and get injured that 

way. 

So there are a whole bunch of safety requirements, including the 

VGB, but beyond the VGB, and adoption of this code would go a 

long way to solving that. I think there is somewhere around 25 or 

26 states in this country that don’t mandate a fence around a 

swimming pool. And we, as the industry, don’t believe that’s correct. And we’re lobbying to change that and working to change 

that, but whatever this committee can do to help us would be enormously appreciated. 

Senator KLOBUCHAR. OK. Thank you very much. Thank you, all 

of you. 

The CHAIRMAN. Ms. Cortez Masto. 

STATEMENT OF HON. CATHERINE CORTEZ MASTO, 

U.S. SENATOR FROM NEVADA 

Senator CORTEZ MASTO. Thank you. Thank you for this important discussion, and thank you for being here. 

I want to follow up on the conversation because we were talking 

a lot about state law, but a lot of this can be implemented through 

county code as well, and I don’t want us to forget about that. I represent the State of Nevada, and we have implemented this law 

through regulations through the state. However, Clark County, 

which is the largest populated county in southern Nevada, with 

nearly 2 million people, actually adopted a code mandating this. 

I don’t want us to forget that there are ways to really address 

these issues both at the state and local level—through local ordinance as well. I’m very proud that we have a Child Drowning Prevention Coalition in southern Nevada. Drownings of children 14 

and under in southern Nevada went from 49 between 1994 and 

1998 down to 21 from 2012 and 2016, and that’s thanks to all of 

you and the advocacy on this issue and bringing attention to it. So 

I really appreciate it. But as you have stated here, there’s more 

work to be done and more education is necessary. 

I have a couple of questions. One is for all of you. Nevada has 

a very large population, but it’s also both rural and urban. Out of 

the 17 counties in Nevada, 15 are rural. I’m curious if you see a 

difference in how we can address the education piece when it comes 

to our rural communities versus our urban areas. Do any of you 

have any thoughts on how we address that and bring attention to 

some of our rural communities? 

27 

Ms. HARVEY. The American Red Cross feels very strongly that 

dry land water safety education should be required in schools, and 

they should get it every year. 

Senator CORTEZ MASTO. So every school in every community—— 

Ms. HARVEY. Every school every year learns about water safety. 

It doesn’t take a body of water in order to learn the practices that 

can save their lives. And if we could get it required in schools, we 

could go a long way to making certain that people know how to behave safely around the water and make good choices for themselves 

around the water. 

Senator CORTEZ MASTO. Perfect. Schools, physical education—— 

Ms. HARVEY. Absolutely. 

Senator CORTEZ MASTO.—as long as we still require physical 

education in our schools—— 

Ms. HARVEY. Right. 

Senator CORTEZ MASTO.—which would be good. I appreciate that 

because I agree, I think there are many ways that we can tackle 

this and thinking outside the box in how we address this. 

The other issue that I’m interested in, which you mentioned in 

your statement, Ms. Cohn, is the fact that Black and Hispanic 

American children are three times more likely to drown than their 

Caucasian counterparts. 

Ms. COHN. Yes. 

Senator CORTEZ MASTO. I’m curious, what can the Federal Government do to help bring attention to and address this issue? Do 

you have additional ideas? 

Ms. COHN. Well, from the Federal Government’s side, I think the 

grant program would still be helpful to address those children. 

What we are doing is we’re partnering with those organizations, 

but that’s me, as a private organization—— 

Senator CORTEZ MASTO. Right. 

Ms. COHN.—partnering with the Boys and Girls Clubs that are 

in those communities to reach those children and families. I am 

not—I don’t know if I can think of anything else off the top of my 

head right now about what else the Federal Government could do. 

Obviously making sure that these children are swimming in safe 

pools is important. And education, I think maybe through, you 

know, through Pool Safely and educating families about it. 

I think for many of the Black and Hispanic families, it’s a cultural and generational issue, where the parents don’t swim, and so 

they have a fear, and they are afraid to allow their children to even 

learn how to swim. So they try to avoid water completely, but that 

is impossible to do. 

So I would say education and grant programs that could be 

used—— 

Senator CORTEZ MASTO. And access to swimming lessons or programs that are—— 

Ms. COHN. Of course, yes, yes. 

Senator CORTEZ MASTO. OK. 

Ms. COHN. So, yes. So what we do is we work with the Boys and 

Girls Clubs, and then we also work with the American Red Cross 

on their Learn to Swim program, and we’re reaching those same 

children through those programs. 

28 

Senator CORTEZ MASTO. OK. Thank you. I appreciate the conversation today. Thank you very much. 

Ms. COHN. Thank you. 

Senator CORTEZ MASTO. Oh, I’m sorry, did you—— 

Ms. HARVEY. Sure. I would love to add to that as well. 

Senator CORTEZ MASTO. Please. Go ahead. 

Ms. HARVEY. I believe wholeheartedly that we need to expand 

the conversation so that we get to those target audiences in other 

ways. So looking at the programs at Historically Black Colleges 

and Universities as an example, making certain that those swimming programs stay around in their programs and thrive and become part of the community, such as what is happening in Prairie 

View, Texas, and in Coppin State University in Baltimore. 

We recently had a symposium with our partners. There’s an organization called Diversity in Aquatics where it represents primarily African American and Hispanics who want to dispel the 

myth that African Americans and Hispanics don’t swim, because 

they do. And they also want to encourage participation in aquatic 

activities. So it’s made up of organizations like the Association of 

Black Scuba Divers and collegiate athletes and Olympians and 

such. 

So reaching—working with organizations like that who provide 

role models and say, ‘‘Yes, we do swim,’’ and, ‘‘Yes, this is a life 

skill for us all.’’ And fraternities and sororities, talking to the 

moms and sisters, who are often making choices for their kids 

about whether they’re going to take swimming lessons or not. So 

we just need to expand the conversation and keep it going and look 

to our partners, our diverse partners, who could also be sitting up 

at this table and helping, and they are helping to solve this problem. 

Senator CORTEZ MASTO. Thank you, and thank you for those 

comments. As somebody who has fought for so many years just on 

education and awareness, recognizing that’s the first step in prevention, we never fund education and awareness and that to me is 

really the first step. I thank you again for the advocacy and bringing attention to this issue and awareness. You’re going to save 

lives, so thank you for that. 

Ms. HARVEY. Thank you. 

The CHAIRMAN. Thank you, Senator. What I’m told by my staff, 

which is—I’ve questioned them several times because it seems incorrect to me, but they assure me that it’s true, that only to date 

the Consumer Protection Safety Commission has only provided 

grants to applicants under this program on five occasions. That 

seems to me to be a very, very low number, and my understanding 

in part is that a number of the grantees have been in Connecticut, 

and particularly where the ZAC Foundation has promoted the 

grantee the grant application and the award. And that means that 

there’s a positive balance in that account, more money to be made 

available for grants, or money is available for grants. 

So what is it that—you’ve all touched on this, but what am I 

missing here that’s not happening? This is directed to anyone who 

wants to explain. 

Mr. Gottwald? 

29 

Mr. GOTTWALD. Well, I can’t really comment on why they’re not 

going for the grants, but I do know that through the work of the 

International Code Council and the trade association as well that 

22 states have now adopted the code, and by adopting the code, the 

CPSC has determined that that means you are in compliance with 

their requirements in order to get grants. But the good news is—— 

The CHAIRMAN. Let me stop you then. 

Mr. GOTTWALD. Yes. 

The CHAIRMAN. So the grant is not designed to get a pool in compliance? 

Mr. GOTTWALD. The grant—from the way I understand it, the 

grant does a couple of things. In order to get the grant, you’ve got 

to commit to coming into compliance, and then it provides you materials to educate about why that is important and to get people 

into compliance. So if a state adopts the code, they’re now eligible 

for the grant. 

So the good news of that is that states are starting to see the 

value of adopting the code—— 

The CHAIRMAN. Therefore, the grant becomes more important. 

Mr. GOTTWALD. Yes. The grant becomes—now it becomes available to them. Now, why they’re not taking that next step, I don’t 

know the answer to that. 

The CHAIRMAN. Let me ask this question then. So if your state 

hasn’t adopted the code, are you ineligible for the grant? 

Mr. GOTTWALD. There are other ways to become eligible for the 

grant, but that’s the easiest way to become eligible for the grant. 

You could adopt, for instance, just the standard that’s in here 

called APSP–7, you could adopt that standard. That’s one of the requirements to be—there are several things that they list out in 

order to become compliant to get that grant, but this is the easiest 

and most comprehensive way. 

The CHAIRMAN. Do you all have any suggestions, a critique of the 

Consumer Protection Safety Commission? I serve on the Appropriations Committee subcommittee that funds that Commission. When 

their appropriations request is in front of us or we’re talking to the 

Commission, what is it that you would like for me to emphasize or 

to pursue with them? 

Ms. BAKER. I would like you to ask the CPSC why it is that more 

states have not actually applied for this grant opportunity? 

The CHAIRMAN. So I ask them the question I’m asking you. 

Ms. BAKER. Exactly. 

The CHAIRMAN. Correct. As I was asking the question, it 

made—— 

Ms. BAKER. Because I think it’s curious why even in states 

where—that are in compliance, it leads me to believe that states 

are just not aware that there is grant money available to them for 

becoming compliant and also for making sure that there’s a mechanism for checking pools. Obviously, you have to check pools and 

verify that the compliance, the requirements, have been met, or the 

code has been met. 

The CHAIRMAN. And I assume that’s done by state and local officials, not—— 

Ms. BAKER. So that’s oversight, yes. 

30 

The CHAIRMAN. And do any of you have an idea of what the parameters of the grant—what’s the average or normal size of a 

grant? Is the number of dollars sufficient that it becomes worthwhile to pursue the grant? 

Ms. BAKER. Do you know? 

Ms. COHN. Is it—I think it—I think it’s—yes, I think it’s $250,000. I’m not positive, but I think that’s the amount. 

The CHAIRMAN. OK. I’m not expecting you necessarily to know 

the answers. There are others, the Commission in particular, that 

I can be asking these questions of, but you’re helping me get prepared. 

Ms. COHN. But I also think, as Nancy said, I think it’s just a 

matter of the states and the localities being unaware that the program even exists. 

The CHAIRMAN. OK. 

Ms. BAKER. And you also just rang a memory bell for me. When 

I saw this, and it is, it’s a bell, and it gets dim in time, but I do 

recall the money that was available to each state through this 

grant program was really not significant. I think the overall appropriation was $2 million for 52 states. I mean, if every state became 

suddenly great pool safety drowning prevention advocacy, that’s 

not a large pool of money when you consider paying the salaries 

of the local people who have to go out and check that indeed the 

requirements have been met and kids and families are safer. 

The CHAIRMAN. I’ve been informed that the five grantees: the City of Bridgeport, Connecticut, almost $75,000; the District of Columbia Department of Health, about $170,000; the Florida Department of Health, Broward County, $250,000; the Florida Department of Health, Lake County, $155,000; and the City of Stamford, 

Connecticut, $131,000. So you were correct, several hundred thousand dollars. 

Any belief that the Commission is—let me ask you again, is 

there anything in particular other than what Ms. Baker just said 

that I should be asking the Commission about this grant program? 

It’s being managed well from your perspective except it needs to be 

more—better utilized? 

Mr. GOTTWALD. Yes, I would respond to that. The CPSC are 

great partners for us, and why the people aren’t going for the 

grants, I don’t know that, but beyond that, they’re very good partners I think in the work that we do with them. 

Ms. HARVEY. And similarly, the Red Cross hasn’t been involved 

in the grants side of it, but the Pool Safely campaign is a super 

important campaign to the industry in that it provides wonderful 

resources that aquatics facilities across the Nation are able to access and share with the communities they serve. And so it really 

does provide a consistent set of messages. Again, they are action 

steps that are lifesaving, and it really is important to be able to 

have that. Otherwise, each organization, you take it down to the 

Parks and Recreation Department level, they would have to create 

their own. They may have incomplete messages. It depends on the 

veracity of their communications departments often. 

So it is extremely valuable to the Parks and Recreation, Boys 

and Girls Clubs, JCCs, YMCAs out there. We really rely on those 

resources. 

31 

The CHAIRMAN. Is there any state or local unit of government 

that any of you would hold out as a role model, somebody that’s 

doing this especially well that we ought to highlight and indicate 

to other states and local units of government, ‘‘Look here, this is 

how to do this’’? 

Ms. HARVEY. I think the ones to look to, to see how they are 

doing are the ones that have a lot of experience. And the City of 

Las Vegas, Clark County; Maricopa County in Arizona: those are 

two counties that are extremely impacted by drownings, and they 

have very strong coalitions, and I think they’re definitely worth 

looking at what they have done, bringing in a large coalition of people, including the fire departments, all the pools across their systems. So those are two to certainly check out. 

The CHAIRMAN. Mr. Gottwald, as I indicated earlier, community 

pools, municipal pools, are the norm across Kansas. You can be the 

smallest, one of the smallest communities in our state, you will still 

have a municipal pool. And who is it that’s telling that city council, 

that city clerk, that, ‘‘Your pool needs to comply with these standards’’? 

Mr. GOTTWALD. So first of all, from public pools, so it’s the law 

of the land. So who’s telling them that they should be—the health 

department or the building department, depending on different municipalities, are going to be the ones who are going to be regulating 

that. 

The CHAIRMAN. When one of your members sells a new pool, 

that’s clearly going to be part of the contract, the agreement, of 

what’s purchased, right? 

Mr. GOTTWALD. Absolutely. And the genius of the Virginia 

Graeme Baker Act, the VGB Act, is that year one, you can no 

longer manufacture the problem fittings. So those are off the market, they can’t be sold, and that’s been 10 years now. So no matter 

what’s being replaced today, it’s a compliant drain cover. 

The CHAIRMAN. In the public sector? 

Mr. GOTTWALD. In all sectors. You can’t buy that anywhere. 

The CHAIRMAN. OK. 

Mr. GOTTWALD. So even in the residential sectors, we have what 

I mentioned earlier, the ‘‘Check A Drain’’ campaign. So we talk to 

our members who are in someone’s backyard, we’re always telling 

them, ‘‘Check the drain, ‘‘Check the drain,’’ ‘‘Make sure it’s compliant.’’ So slowly, but it’s slowly, they’re being replaced with compliant drains. It’s the law in the public pools. In the residential pools 

in many places, it’s not the law. 

The CHAIRMAN. Where it’s not the law in the private sector, the 

private pools? 

Mr. GOTTWALD. Correct. 

The CHAIRMAN. It’s still taking place is what you’re telling me 

because of the requirement that the pool, the manufactured pool, 

has to be compliant. So as new pools come into play, they’re compliant even in the private sector. 

Mr. GOTTWALD. In the new pools, but I think as, you know, was 

mentioned earlier, the existing pools are where the challenge lies, 

and there are a few million out there. 

The CHAIRMAN. My time is well expired. Let me see if Senator 

Blumenthal has any additional questions? 

32 

Senator BLUMENTHAL. I don’t. 

The CHAIRMAN. Senator Cortez Masto? 

[No audible response.] 

The CHAIRMAN. I appreciate the conversation today. It has been 

very helpful to me. And I’m very grateful for the chance to try to 

make certain that communities across Kansas and private pool 

owners in my state and around the country know of not only their 

responsibilities, but their opportunity to do something in a very 

safe and secure manner. 

Let me ask perhaps my final question. The Red Cross, you’ve 

been training lifeguards for as long as I’ve been around. We have 

plenty of lifeguards in the country and the supply meets the demand? 

Ms. HARVEY. We always are in an effort to ensure that there are 

enough lifeguards in the Nation. There are pockets of the country 

where we hear that there are lifeguarding shortages. This is one 

of the reasons that the Centennial Campaign is so great, where we 

are really trying to make certain that we continue to feed that 

pipeline of lifeguards by ensuring that people get to water competency so when it’s time for them to become lifeguards, they have 

the skill to do so. So it’s a continuous effort. 

The CHAIRMAN. Let me ask, I’m asked this in every hearing I 

chair, is there anything that any of you would like to make more 

clear and respond to something that you were asked or something 

that you were not asked, something you want to make certain we 

know before I conclude the hearing? 

[No audible response.] 

The CHAIRMAN. OK. Thank you very much. Thank you all for 

joining us. This hearing is concluded. The committee members have 

until a few days from now to put their questions in writing, and 

we would ask that you respond as quickly as possible if there are 

those. And again thank you for your presence today. The Committee hearing is adjourned. 

[Whereupon, at 4:27 p.m., the hearing was adjourned.] 

(33) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL TO

NANCY BAKER

Question 1. While advertising campaigns and educational materials promoting 

water safety are vitally important, is there any substitute to in-person and handson classes where at-risk children can learn how to swim? 

Answer. Unlike baseball, football, chess and other important activities for which 

children engage and learn from, swim lessons are different and more critical. Other 

activities are ‘‘life skills’’ while learning to swim is a ‘‘lifesaving skill’’. We speak so 

often about ‘‘layers of protection’’. One of the most important layer is learning how 

to swim (starting at an early age). Swim lessons should be readily accessible or very 

inexpensive or better yet free to all populations, but especially for minority populations. Groups like Abbey’s Hope Charitable Foundation and its partnership with 

the YMCA and The ZAC Foundation and its partnership with the Boys & Girls 

Clubs do an excellent job of crafting and underwriting programs that get children 

in the pool to learn hands-on swimming and safety skills. To date, these organizations have provided free swim lessons to thousands of children around the country. 

Abbey’s Hope alone has provided well over 10,000 lessons to children in the State 

of Minnesota. Congress should support these programs and even consider using a 

portion of the Consumer Product Safety Commission Pool Safely funding to support 

these activities in communities across the Nation. 

Question 2. Drowning remains the number one cause of unintentional injury 

death in children 1–5 years. Wouldn’t funding cuts to states and localities that teach 

at-risk children how to swim hurt efforts to reduce drowning? 

Answer. Yes. That does not mean, however, that the CPSC grant program cannot 

be reformulated or reorganized to better serve water safety efforts. See answer to 

Questions #3 & #4 below. 

Question 3. How does the 2015 International Swimming Pool and Spa Code compare to the requirements in the VGB Act? In what areas is it stronger or weaker? 

Do you think VGBA grants should be updated to reflect the requirements under the 

most recent International Swimming Pool and Spa Code? 

Answer. The original purpose of the VGB Act Grants were to do for residential 

pool & spas what the actual requirements of the VGB Act did and does for public 

pools. In other words, because Congress felt, at the time of passage, it could not require private residential pool and spa owners to comply with the Federal Act requirements by mandating anti-entrapment safety & drowning prevention devices, 

the original grant program was meant to incentivize States (and later municipalities) to pass laws that require the same safety devices in residential pools as the 

VGB Act does for public pools. As is mentioned, the original grant program has only 

had limited success. 

The ISPSC is consistent, and in fact stronger, than the requirements of the Act 

and the original grant scheme in many ways (electrical bonding, diving depths, safety makings poolside, water quality and chemical safety . . .), but the code does 

leave out one very important requirement. It does not apply to existing residential 

pools and spas, but only new construction of residential pools and spas. Adding the 

ISPSC would improve the strength of the Act, but would leave out existing residential aquatic venues and therefore not meeting the intent of the original grant program. Adding the ISPSC code requirements would be helpful, so long as the protection for residential pools and spas are preserved. 

Question 4. Do you think more flexibility in how grant dollars can be used would 

encourage more states and localities to apply for Pool Safely Grants? 

Answer. The lack of demand for the grant program almost demands more flexibility. Grant money, if awarded, should be used for enforcement, training, education 

hiring inspectors and even reasonable administrative costs including salaries. Congress could also consider expanding the type of eligible recipients of the grants to 

include non-profits in the drowning prevention arena (i.e., non-profit members of 

34 

Families United Against Drowning like Abbey’s Hope Charitable Foundation, The 

ZAC Foundation, The Joshua Collingsworth Memorial Foundation, CPR Parties 

among many others, Safe Kids Coalitions, YMCA Chapters . . .). Those non-profits 

can partner with the State or municipality that passes a law that meet the requirements of the VGB Act Incentive Grant Program. These non-profits can help expand 

the reach of programs under the Act. Many of these non-profit programs are already 

organized and implemented so very little of the received grant money would go to 

start up or administrative costs, therefore, more resources would reach need populations on a faster basis. Expanding the list of eligible grant recipients to include 

non-profits that are doing good water safety work would also motivate them to help 

pass the stronger state laws for which the original grant program was intended. 

Were Congress to make established non-profits eligible for grants under VGB many 

would become an even stronger advocacy voice in their communities. 

Question 5. Do you think lifeguards or pool owners should be required to check 

that drains are securely in place before opening to the public each day? 

Answer. Yes. In fact, one of the requirements of the Minnesota law, The Abigail 

Taylor Pool & Spa Safety Act requires just such a daily inspection. Abbey Taylor 

died as a result of a broken drain that, if it had been inspected that day, could have 

prevented the tragedy from happening in the first place. The VGB Act did not specifically require a daily safety inspection and it should have. It is good practice and 

should be required. 

Question 6. Should preventing electrical shock or increasing awareness and what 

to do when someone is suffering an electrical shock be a part of our water safety 

education efforts? 

Answer. Yes. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL TO

KAREN COHN

Question 1. While advertising campaigns and educational materials promoting 

water safety are vitally important, is there any substitute to in-person and handson classes where at-risk children can learn how to swim? 

Answer. The ZAC Foundation (TZF) has found via its programming in media markets throughout the United States that it is true that hands-on education and training is the most effective approach to water safety, but general educational awareness should not be discounted as effective. TZF has found that there often exists 

a generational, cultural, and/or pool access gap that leaves, particularly minority 

children, with a lack of understanding regarding the danger that water poses. The 

goal of any water safety program should be to create a generational impact that will 

be passed on to future generations in perpetuity—similar to the generational change 

that occurred with bike helmets. Among many other tools and programs, the Foundation published a book—‘‘The Polar Bear Who Couldn’t, Wouldn’t Swim’’—in an effort to effectuate this change. We have anecdotal evidence that our ZAC Camps 

(weeklong swim education programs conducted in partnership with the Boys & Girls 

Clubs of America where each of the 13,000 children have received a copy of the children’s book) and the media attention that these Camps spur, have served to reduce 

incidences of unintentional drowning in those communities. 

Question 2. Drowning remains the number one cause of unintentional injury 

death in children 1–5 years. Wouldn’t funding cuts to states and localities that teach 

at-risk children how to swim hurt efforts to reduce drowning? 

Answer. The ZAC Foundation believes in education and awareness of water safety, as well as the exposure of all Americans to water safety lessons. To answer this 

question one would need to know the reporting data that came from those programs. 

The Foundation supports water safety grants, but believes that any use of funding 

have a direct correlation to safety impact. TZF was involved in those Connecticut 

grant sites, and the Foundation has eagerly awaited any report or data that resulted. In general, the Foundation would support a change in the Virginia Graeme 

Baker grants to enable foundations like ours to compete to employ such funding for 

effective programming. If the programming is not effective, it should not be pursued. 

The Foundation believes that the lack of participation historically in the water safety grant program has been the requirement that the state/locale pass legislation 

equivalent to or exceeding VGBA. This is not something policymakers have been 

willing to do in order to secure a short-term, one-time grant. If the government is 

looking to apply funds and receive exponential returns on that investment, then our 

Foundation believes grant recipients should be the party or parties with the most 

direct reach and effective approach to education and safety. 

35 

Question 3. How does the 2015 International Swimming Pool and Spa Code compare to the requirements in the VGB Act? In what areas is it stronger or weaker? 

Do you think VGBA grants should be updated to reflect the requirements under the 

most recent International Swimming Pool and Spa Code? 

Answer. The ZAC Foundation supports the strongest and most effective water 

safety standards, period. That said, the Foundation does not believe standards 

should be raised if the effect is not to improve safety. The VGBA, including any 

other water safety law, should be revisited periodically to ensure that it reflects the 

most modern technology and standards. And taxpayer funds only should be applied 

when recipients are compliant with the agreed upon standards for water safety. The 

Committee should be aware of efforts by the pool and spa industry to weaken state 

pool and spa safety regulations/laws, such as the effort that was successful in our 

and your home state of Connecticut. 

Question 4. Do you think more flexibility in how grant dollars can be used would 

encourage more states and localities to apply for Pool Safely Grants? 

Answer. Yes. The participation has been very limited despite our recruitment 

across the country to convince states/locales to apply. The issue has more to do with 

the threshold to qualify—to meet or exceed VGBA standards. We believe this standard coupled with the regulatory restrictions related to salaries and enforcement personnel are artificial limitations to delivering life-saving water safety education to 

targeted audiences. The Foundation respectfully suggests that the grant program be 

opened to competitive bid to applicants, including state and local communities, nonprofits and other parties, that propose the most effective and efficient uses of the 

grant funding for their intended purpose—to reduce unintentional drowning 

incidences. 

Question 5. Do you think lifeguards or pool owners should be required to check 

that drains are securely in place before opening to the public each day? 

Answer. No pool, public or private, should be operational without inspection of 

pool drains, irrespective of who inspects. The gap in VGBA is that it only applies 

to public pools—which represents only ∼3 percent of pools in the United States. No 

pool should be built in the U.S. without being compliant with drain safety standards, and the Foundation believes that homeowners insurance policy providers 

should require that pool drains and other aspects of pools be inspected before covering those pools under their policies. 

Question 6. Should preventing electrical shock or increasing awareness and what 

to do when someone is suffering an electrical shock be a part of our water safety 

education efforts? 

Answer. Swimming pools and spas are inherently dangerous consumer products. 

Electrocution absolutely has entered the national dialogue as a result of several 

unfathomable incidences, and The ZAC Foundation has engaged effected families in 

partnership to raise awareness of this issue. The Foundation believes electrocution 

should be part of the dialogue, we will continue to include the messages in education efforts, and believe that homeowners’ insurance providers should include inspection of electrical lines and lights in and around pools and spas. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL TO

RICHARD GOTTWALD

Question 1. While advertising campaigns and educational materials promoting 

water safety are vitally important, is there any substitute to in-person and handson classes where at-risk children can learn how to swim? 

Answer. Learning to swim is by far one of the most important things that can 

be done to prevent drowning not only for at-risk children, but all children. Although 

there are additional ways to combat drownings, we believe there is no substitution 

to in-person and hands-on swim classes. We believe that USA Swimming’s Make a 

Splash learn to swim initiative is one of the many outstanding programs that serve 

all children, but specifically target at-risk children. Many APSP local chapters 

throughout the country promote drowning prevention in various ways, including 

raising money for swimming lesson scholarship funding to help low-income families 

access lessons. 

Although nothing can substitute for learning to swim, APSP provides advertising 

campaigns and educational materials highlighting the critical importance of adult 

supervision, even for children who know how to swim, along with the importance 

of complying with barrier prevention methods and addressing other safety risks 

such as suction entrapment avoidance. All of the critical components to drowning 

prevention are highlighted in our National Water Safety Month campaign held each 

36 

May: http://www.nationalwatersafetymonth.org. All 50 states provide proclamations 

recognizing May as National Water Safety Month, and in observance of National 

Water Safety Month, events are planned throughout the country and water safety 

tips and resources are provided to the public. 

APSP and its local chapters support and collaborate with not-for-profit foundations such as Safe Kids WorldWide, the National Drowning Prevention Alliance, 

American Red Cross, National Recreation and Park Association, YMCA, and the 

World Waterpark Association’s World’s Largest Swim Lesson. Many of these same 

groups, along with other associations and industry companies, partner with us to 

raise awareness for National Water Safety Month, but our efforts do not end there. 

Promoting water safety throughout the year, with an emphasis on teaching kids to 

swim, is critical to drowning prevention. 

Question 2. How does the 2015 International Swimming Pool and Spa Code compare to the requirements in the VGB Act? In what areas is it stronger or weaker? 

Do you think VGBA grants should be updated to reflect the requirements under the 

most recent International Swimming Pool and Spa Code? 

Answer. The ISPSC (2012, 2015 and 2018 editions) meets and exceeds all of the 

requirements of the VGB Act with regard to entrapment protection by: 

1. Referencing the ANSI/APSP–16, which is the current Drain Cover Standard 

adopted by the Consumer Product Safety Commission (CPSC) under section 

1404(b). 

2. Referencing and including a copy of the ANSI/APSP 7 Entrapment prevention 

standard. This Standard requires compliant drain covers on all pools, consistent with 1404(c)(1)(A)(i). 

3. Requiring additional devices on all pools with a single main drain, other than 

an unblockable drain, consistent with (1404(c)(1)(A)(i)). 

4. Requiring all new pools to be built with: no drain, an unblockable drain, or 

multiple drains properly spaced and balanced. 

5. Specifically permitting drainless pools. 

The ISPSC also extends each of the above protections to all residential pools, consistent with the VGB Act State Grant Program. A state that adopts the ISPSC now 

will be required to provide entrapment protection whereas the VGB Act does not 

mandate such requirements on residential pools, only public pools. 

The ISPSC imposes barrier requirements on all public and residential pools, in 

a manner consistent with the VGB Act State Grant Program (Section 1406 and 

CPSC Model State Legislation). These requirements also meet or exceed the requirements of every state that has adopted barrier requirements by law. Again, adoption 

of the ISPSC provides barrier protection requirements beyond what is mandated in 

the VGB Act. 

The CPSC has confirmed that any state or locality that adopts the ISPSC is in 

compliance with all of the eligibility requirements for the VGB Act State Grant Program, and on December 11, 2015, issued a Fiscal Year 2016 grant to the District 

of Columbia under this program based on its adoption of the ISPSC. 

Updating the State Grant Program to reference the ISPSC would provide strong 

encouragement to states and local jurisdictions to adopt this Code, thereby strengthening their respective barrier requirements and ensuring that their entrapment and 

barrier provisions meet and exceed those in the VGB Act. Many states currently do 

not require any barriers on residential pools. 

In addition, the ISPSC provides other pool safety requirements not included in the 

VGB Act related to the proper construction of a pool, such as compliant dimensions 

and slopes (to prevent diving accidents), exits and entry, decking and lighting provisions, along with compliance with the National Electrical Code. The ISPSC is the 

first and only comprehensive swimming pool and spa code that addresses all types 

(residential and public) and covers all aspects of construction and design, including 

the barrier and entrapment prevention requirements under the VGB Act. 

Finally, we encourage Congress to extend the grant program to allow non-profit 

organizations to apply, because they may be best equipped to provide the education 

and safety awareness and training intended in Section 1405. 

Please see attached ISPSC FAQ developed by the APSP. 

Question 3. What is the life span of a pool drain cover? How can pool owners tell 

when a drain should be replaced? 

Answer. The International Swimming Pool & Spa Code (ISPSC) references the 

ANSI/APSP–16 Standard for Suction Fittings for Use in Swimming Pools, Wading 

Pools, Spas, and Hot Tubs, which requires that manufacturers determine a life expectancy and place a permanent mark on the top surface of the cover/grate with 

37 

‘‘Life: X Years’’ to indicate that drain cover’s exact life span. Many manufacturers 

have designated a life span of 5 years. Others have designated longer or shorter periods. Since the VGB Act, numerous fittings have been installed; therefore, many 

have or are about to reach their expiration date and need to be replaced before the 

start of a new swim season. 

Knowing this time-frame was upon us, a few years ago APSP began its ‘‘Check 

A Drain’’ Campaign. The initiative reminds both homeowners as well as pool and 

spa professionals to make sure pool, spa, and hot tub drain covers are replaced per 

the manufacturer’s time requirement stamped on the cover in accordance with Federal mandates in the VGB Act. Further, APSP encourages homeowners to contact 

their pool, spa, and hot tub professional to ensure that all installed drain covers 

comply with the ANSI/APSP–16 Standard. All units should be installed by an industry professional, in accordance with the drain cover manufacturers’ instructions. 

The ‘‘Check A Drain’’ initiative also includes FAQs regarding drain cover life expectancy and replacement (attached). 

Question 4. Are there new or improved filtration techniques or chemicals that can 

improve water quality? If so, what is the barrier to their adoption? Are there common sense guidelines or new technology that will keep pools clean and free of these 

contaminants? 

Answer. The APSP and the pool and spa industry continue to constantly address 

water quality and sanitization in accordance with Environmental Protection Agency 

(EPA) regulations, CDC recommendations, and the regulated manufacturer product 

labeling, through several means, including: 

1. The ISPSC, which requires proper equipment and methods in public and residential pools for circulation and sanitization. 

2. The development of the ANSI/APSP–11 Recreational Water Quality Standard 

which addresses existing and new potential means for maintaining public 

pools. 

3. Provisions in the ANSI/APSP–5 Standard for Inground Residential Pools addressing quality and sanitization of residential pools. 

4. Participation in development of other relevant standards such as NSF–50, the 

standard for ‘‘Equipment for Swimming Pools, Spas, Hot Tubs and other Recreational Water Facilities,’’ which also focuses on maintaining a clean and 

healthy recreational water facility. 

5. Promoting and offering industry education including the APSP Certified Service Professional program, which highlights issues such as maintaining proper 

water quality, sanitization, and circulation. 

In addition, the ISPSC and all APSP standards are performance-based to allow 

for and to encourage innovation, which has included automatic and manual chemical feeders and alternative substances. 

The APSP does not believe there are any substantial barriers to entry for any substances or related products in this area. Equipment and chemicals are regulated by 

NSF certification, upon state adoption to require such certification and by Federal 

EPA regulations. 

Question 5. In 2003, the CPSC and American Red Cross teamed up to warn the 

public about another hidden danger to swimmers: electrocution from faulty underwater lighting, aging electrical wiring, equipment that is not grounded, or electrical 

appliances falling into the water. At the time, there had been 60 deaths and nearly 

50 serious shocks reported over the past 13 years involving electrical hazards in and 

around swimming pools. Since then, 14 people have died by electrocution in swimming pools between 2003 and 2014. What more can pool and spa professionals be 

doing to prevent electrocution? Are these risks considered in the International 

Swimming Pool and Spa Code? 

Answer. The International Swimming Pool & Spa Code (ISPSC) requires compliance with NFPA 70, the National Electrical Code (NEC). The APSP has always and 

continues to educate its members on the importance of following the NEC and what 

requirements exist within that Code. One of our technical committee members sits 

on Panel 17 of the National Fire Protection Association, the panel charged with reviewing and adopting changes to Article 680, NFPA 70 (the National Electrical 

Code), which provides the electrical requirements for pools and spas. By having the 

ISPSC require compliance with the NEC, we are ensuring consistency, but also providing another means for requiring compliance with the pool and spa electrical provisions within the NEC. 

APSP has also issued press releases reminding its members and the public that 

all pools and spas should be built and installed in compliance with the ISPSC and 

38 

the National Electrical Code. APSP encourages inspection, detection, and correction 

of electrical hazards in and around swimming pools, hot tubs, and spas. We regularly remind our members and the public that proper maintenance and upkeep is 

critical, especially for older pools and spas and equipment, which not only exhibit 

the effects of age but also might have not been built to modern standards. 

Older pools can pose a higher risk of exposure to stray current (regardless of its 

source) due to wear and tear of existing equipment that may have not been inspected in years. Aging electrical wiring, damaged underwater lighting in light 

niches, sump pumps and vacuums that are not grounded, and lack of proper 

equipotential bonding are all concerns that the public and professionals must be 

aware of. All of these hazards present an even greater risk if the lighting, circuits, 

and nearby receptacles are not protected by proper Class A Ground-Fault CircuitInterrupters (GFCIs)—one of the best safety devices to help prevent electrocution. 

All of these issues can be evaluated and addressed by a qualified and trained industry professional. In some states, licensure is required to do such electric work. 

We have found that in many incidents, the Code has not been followed, unqualified people have been hired, or an older pool has not had the proper maintenance 

provided over the years. APSP works to educate our members and the public on the 

importance of proper maintenance, choosing qualified and trained professionals and 

following the Codes. An FAQ was also developed to address the electrical incidents 

in pools & spas (attached). 

39 


524INCID1.eps

i§APSP The Association of Pool & Spa Professionals• 

RfF1.ECT SUCCESS 

FREQUENTLY ASKED QUESTIONS ABOUT 

ELECTRICAL INCIDENTS IN POOLS & SPAS 

Q. Are there any electric safety guidelines for pool and spa owners? 

A. Yes, owners of pools and spas shoukt make sure their pool or spa is built and installed in compliance with the 

International Swimming Pool & Spa Code (ISPSC) which requires compliance with the National Electrical COde 

(NEC). Equally important all manufacturers' instructions must be followed with regard to installation and 

ma111enance. 

Q . How do I know my pool or spa is in compliance with the ISPSC and NEC? 

A. The best protection fot families Is Inspection, detedion, and corredion of electrical hazards in and around 

swimming pools, hot tubs and spas. Consumets are encouraged to have their pool or spa Inspected by an APSP 

professional. To find a professional near you, visit APSP.omiMemberlocator 

Q . My pool seems to be fine. We've been using i1 for years. Why should I bother with an inspec-tion? 

A. Proper maintenance and upkeep is critical, especially for okler pools and equipment, which not only exhibit the 

effects of age but also were not buih to modem standards. This is especially important in seasonal climates where 

the pool often goes unused tor months. Older POOls can pose a higher riSk of exPOSure to stray current 

(regardless of its source) Just due to wear and tear of existing equipment th.at may have not been inspeC1ed in 

years. Aglng _ electrical wiring, damaged underwater lighting In light niches, sump pumps and vacuums that are 

not grounded, and lack of proper equipotential bonding are atl concerns. All of these hazards p..-esent an even 

greater risk if lhe lightfng. elrcuhs, and nearby receptades are not protected by Class A Ground·Fault Circuit· 

lnterYUpters (GFCis) - one of the oost safety devSce to prevent electrocullon. AU of these Issues can be evaluated 

and addressed by an APSP industry p..-ofessional. It is important to remember lhat in some states. licensure is 

required to do such eJectlic work. 

a. What technical standards should my pool and spa professional know in regards to elee-tt ic safety 

around water? 

A. In addftion lo the International Swimming Pool & Spa Code (ISPSC) and National Electrical Code (NEC) 

reQuirements. a pool ptofessionat should refef to the follOwing American National standal'd Institute (ANSI) 

approved standards: 

For residential pools. ANSIIAPSPJ1CC.S 2011 American National Standard for Residentiallnground Swimming 

PoolS. h states: EleCtrical coooponet~s itlstalle<l;, an<ttor tKI}~>Cent to an ingl'oun<l resi<lentia/ swimming pool shall 

comply with me requirements ofiM latest puOiishe<l e<IHio•> olme Na#onat EIOCirical c~ NFPA 70 (NECJ, me 

2111 Eisenhow<lr Avenue· Suhe 500 • Atexandrta, VA 22314 • www.AF'SP.otg 
40 


524INCID2.eps

juriS<!iction having aulhcltty and any federal, state, or local codes. In areasv.tlere no autholfty has juriS<!Ictfcn, the 

tales/ published NEC anctany federal, siata, or loCal codas shall apply. 

For public swimming poots. ANSI/APSPJIC.C-1 2014 American Nalional Standard for Public Swimming Pool 

states: The electrical installation shall meet the requi'ements of the National Electrical Code (NEC) NFPA 70, as 

adopted by the Authcltty Having JuriS<!iction (AHJ), or tha latest public ediOon ofthe (NEC) NFPA 70, if U has not 

been adopted by any AHJ or other en/Uy. 

a. Where can 1 find more information? 

A. The U.S. Consumer Product Safety Commission keeps statistics and provides Safety Tips for Prevenllng 

Electrocutions In and Aroynd the Pool 

For additional Information contaa Jennifer Hatfiekt APSP Oifedor. Government Affairs 

2111 EisenhOw<lt Avenue · Sune 500 • Alexanarta, VA 22314 • www.AF'SP,otg 
41 


524DRAIN1.eps

The Association of 

Pool & Spa Professionals• 

RfFl.ECT SUCCESS 

FREQUENTLY ASKED QUESTIONS 

CRAIN COVER LIFE EXPECTANCY & REPLACEMENT 

a. How can I detennlne the life expectancy of installed ftltlngs/covers? 

A. The life expectancy in years should be marked on the top surface of the cover/grate. lnfonnation can also be 

obtained from manufadurer literature ot by contacting the manufacturer. 

a . If the pool was retrofitted as part of the 2011 recall, iS teplacernent stilt necessary now? 

A. That depends. If a complete new cover/grate was installed then its life expectancy woukl start from the time of 

Installation. If a riser ring or similar component was iflstaUed beneath the existing cover/grate, then you woukl 

count from the date of original Installation. 

a . Will replacement due to bfe expectancy be enforced by the CPSC tn commercial pools? 

A. The CPSC has not issued any statement In this regard. However ills aware of the Issue. In addition, the VGB 

and the APSP-16 (and APSP· 7) standard requires that fittings in public pools~ instatlecf in accordance w~h 

manufacturer instructions. which include the need to replace when life expectancy is reached. 

a. can 1 use existing fasteners when replaCing I he covers? 

A. No. All fittings must be lnstaUed with new accompanying fasteners. If they do not fit the existing sump/frame, 

other changes may be neecfecf. 

a. can 1 simply use the same model or one wi1h the same now rating? 

A. If the current model and flow rating are known to be compatible with the sump and circulation system, the 

same model may be used pc-ovkfe<:I Lhat1 ) it was not subject to the 2011 recall, and 2) maximum system now has 

not changed (i.e •. due to pump replacement). Similarly. if the maximum system fkW.I has increased, it may be 

necessary to use a differenl model fitting. 

Q, How do I determine if a drain cover is properly rated for a given pool or spa? 

A. First. determine the maximum now capabili1y of the installed eireu&alion system. Each drain oover is assigned a 

rating Which detennlnes the maximum now In gallons per minute (GPM) that should be allowed to !low through 

that fitting. This ratlng is based on testing for body entrapmenl and hair enlrapment under the APSP·16 Sudion 

Filting Standal'd. For public facilities. some jurisdiction further limh the now raling of covel'S base on water velocil.y, 

in these instances you will need to consuh local code or the Authority Having Jurisdiction, which may require a 

permit or other form of approval before work begins. 

For single and duaJ.drain systems the rating for each drain cover must equal or exceed lhe rating for the 

pump/pool ot spa circulation system. For systems with three or more submerged suction outklts connect tog&ther 

2111 Eisenhower Avenue· Su~e 500 • Atexanoria, VA 22314 • www.APSP.otg 
42 


524DRAIN2.eps

whhOuta vat~~e capable of isolaUng one from !he others. a may be permissible to combine the flow of all but one 

outlet; consult the manufadure(s lnstrudions. 

a. Who Is responsible for paying for the cost of replacement? 

A. All costs and expenses are the responsibility of the pool owner I operator. 

VERY IMPORTANT; The ANSUAPSP-7 Standarll for SuctiOn Entrapment Avoidance in Swimming PoolS, Wading 

Pools. Spas. Hot Tubs. and Cat ell Basins includes a variety oflools to assist in the proper evaluation of ma>imum flow rat~. indudlno Appenrlix 8 nr I he St11ndarrl There i.e; a Field Checklist thRI i.e> Rl-c;n wry helpful in identity;no 

other important aspects of suction outlet safety, including fasteners, sumps and drain spacing. The Standard and 

the Field Checl<list are available at ~ 

The APSP reminds all pool and spa pcofesslonals, as weU as owners and operators of public and residential 

pools. th,at drain covetS must be installed in aceorctanee wilh manufaCh.Jter instructions. InCluding fastening. 

spacing, and GPM rating. The ANSI/APSP·7 Standard can readily assist in this process, and ensure the proper 

evaluallon and vedftcatton or drain covers matched correctly to the ma:Unum syStem now rates. 

2111 Eisenhower Avenue· Sune 500 • Atexanoria, VA 22314 • www.APSP,otg 
43 


524ISPSC1.eps

APSP The Association of 

Pool & Spa Professionals• 

RfFLECT SUCCESS 

INTERNATIONAL SWIMMING POOL & SPA CODE (ISPSC) 

1 What is the ISPSC? The ISPSC Is the fnt and only comprehensive model swimming pool and spa oode awilable for 

statt$ aM IOCallttes to adopt It Is tl'le only mo<1etoode that ad4relS6s ALL (publiC and residential) types. of poolS and 

spas, and covers All aspects or construction & des,gn. lndud1ng barMrs, entrapment prevtnUOI\ materials, hnishes, 

dimensiOns and slOpes, e»t:s and entries, c .. culatiOn, SMCIZation. signage and depth man<ers, end energy etllcitl'IC)' It 

also covers anetllafy components such as suction fttings, filers. pumps, m~ors. heaters, dtvtng equipment, ladde-rs and 

steps. • Is part of the famiy of International Code Council model codes and was developed joinlly with the APSP 

Wtr.j Is t he ISPSC needed? Theie is no other Code or Standard that addresses al1 aspects of residential and public pool 

and spa construction & destgn. WNle most states and local jll'isd.:tlons have some form of exls.hng pubic pool code, 

most letok a comprehensive code or laws I hat address lhe design, construction and saffAyof residential pools, which is 

wbere most pool related Injuries oc:c\6 Many JUnsdlctions lack even a barrier or suction-fitting requirement in reSidential 

pools 

Wtry would~ st"te or SOC#IIty w:.nt to <'Ciopt tno ISPSC? Adoption of the tSPSC wilt 

Substantially reduce child drowrvng oc near drowning Incidents by lntroductng or enhancing existing barrier 

requ.-emenC$ m resiCfent~&l pools and spas. 

Eliminate ettrapment Incidents by requlnng compliance with the prOYlSions In the Vlrgmia Graeme Bakel Pool 

encl Spa Satety /41;1, al'd the /ll'l$VP.PSP·1 Entn'lpment AvoKJance Standard 

Ellmin~te eleelncaiJnciderts in and around pools end spas by requsung compliance wCh the N~ional Electric 

COde 

save hves and reduce vius to the ER generally by establishing a state ot the art comprehensive COde that 

reduces child ro~ng by requlrtng barriers. compliant designs and sbpes and emts and entry; elmmates 

entrapment incidents onoe and for all; ensures pools & io-Qfotmd spas are buit with proper materials. 

Reduce both energy & water consumpuon In pool$ and spa.s 

Make life easier for oode Inspectors by adophng .simple. understandabJe & venfsabie Jangu;ege 

Bring states Into c:ompiance Mh the Vwginia Graeme Baker Pool & Spa Safety Act, as well as he_, them qualify 

lOt grants under Cht Al:.t. 

4 How wu the tsPSC dovelopcd? The ISPSC was devtk>pe<t through the tigotous lntetnational Cod• Counell 

Government Consensl.l$ Process, which requires full and fair c:onsidera!Jon of al comments and submissions, first by a 

balanced panel of recognc:t<lexperts, and 1eeondty, e final determinauon by the publiC servants who have hands on 

elq>erlence, and whO c:omptomaH tl'le fCC membe-rship 

5 Are the ANSI approved APSP standards included in the ISPSC? Yes. the ISPSC is denved from and fully S-t.f)ported 

by the ANSVAPSP national consensus standards, which have been developed under the rigorous due process 

requiements of the American Nabonal Standards lnsbt\lle Th1s process ensures full and fair considerations of all 

comments and submissions, anct fml determination by a balanced panel of recogniZed e:q>etts, including representatives 

of pubtio heallh depart.metts. independent testing facilities, the National Safety Council and the US Con$umer Produci 

Safety Comtn~Sslon. 

6 Does t he ISPSC cover public pools, sp.as. & aquatic recreation facilities? Yes, the ISPSC covers al aspects of 

design and con$truction of public (commercial} pools, spas & aquetlc recreation faci1cies by ln<:OI'J)OI'811ng t&nguege from 

tht APSP·1, APSP·2, and APSP.$Stanoardsand .nc:OfpOtating best pl'&(:t)Ces trom 1ta1e codes Fl.r1her, ltsep&rates 

pubiC poolS u'llo se.,..ral discreet and nteessary eategor.es {inelu<hng semi public, d.stmguiShing berween large muniCipal 

and hotel or eondomin1um pools fO( txatnple) as well as spas (enground, portable and swim). 

2111 Eisenhower Awnue • Su~e 500 · Alexandria. VA 22314 • wwwAPSP.org 
44 


524ISPSC2.eps

How does a State or loeal.lty go about adopting the ISPSC'? Most 'tates adopt building oocfes on a uvee--year eyek!. Wth a state agency that oversees the adoption of such codes holding rulemaking hearings when reviewing nttW codes fOf' 

consideratiOn. A "ate can adopt a new code for mandatory use state'Mde or 11 can then be determined at the local level 

whethec a panc;ular jurl$d-ct10n wttrts to &dopt a partk::utar code by a local ocdlt\Snce Many tmes a st~rate 5tate 

agency (health an<tfor enwonmen1a1 state egency) ove~s public poort and spas: theretore.lt tS also lmperattve to wor1t 

WCh tNs agency to eMure any publiC pool or spa rule adopts construction & design language consistent with the ISPSC 

8 How can APSP mem bers help to ensure adoption of the ISPSC in theif State or Locality? They can start by discuss1ng the ISPSC wih their local buidtng officials arKS inspectors. hokl ;on .APSP arKS ICC (building orfJCI!I:I & 

inspect Of) meetlt"gS to discuss when the next opening fOf adoption of a new code rs '"a par1icular 5tate ot k>cafdy, and 

then partic~ate in the ru\emakilg process to support the adopt»on of the ISPSC. APSP members can at:io enoo ~.nge the:Jt 

buitd1ng officials and mspeetors to dtSCuss wth heath tnspectors the rnportanc:e of the ISPSC. to encourage consistency 

between any rules (codes) adopted bv the health IOSPEICtors. 

How will the tSPSC be enforced? Ooce adopte<f by a state or locatlly, building end/or heath ln$peCtOI"$ v.il enforce- the lSPSC through the permitting and "Ptetlon proces.ses. Oltect action agan'ISt noncompliant fac1IIUes may be taken by 

beill budding oc hea•h off~ Is enforcng $t#te (I( health bulldmg codes that reference the ISPSC Violation$ of the Code 

may pr...,.nt tUuai'IC6 ot a perm~ or cettiJ~~Cate of oeeupaney, subject a Ct1Vttrtd pool to <:losute, an<Vor subJect the builder 

or owner/O~ratOf to fll'llllab~ity Of penalies. 

10. Does the tsPSC apply to both existing and new pools and spas? As a design and construction code the ISPSC Is 

intended to apply to neWly constructed Of renovated pools and spas (meaning !hose buil or renovated after the date the 

new code goes into effect). lndMdual junsdictions can elect to make certain provisions retroactive or requie that when 

certain parts are being replaced they must compl)o with t.he new code, l e. drain covers or energy efficient pumps or mot on; 

t 1 How many editions of the ISPSC currentty exi5t? The 2015 ISPSC is t~ Z"''and CUITen'l edrtlon and fS avatleble for 

adoptiOn A number of 5tate1 and localttiei have already &Oopled oc are In the proe<H1 of at.Sophng or considering the 

priOt 2012 edCfOn As wrth &III·OO<fes, the ISPSC undergoes a rigorous triennial review proce$1, allow1ng a cO<Ie to be 

open to lmpf'O'IIement as newt~nologies arKS saenclte adVances are presented- the 2018 ISPSC edcbn Will bo 

publiShed and available for adoption 11n September 2017. 

12 Where can I learn more about the ISPSC requirements? APSP has deW!bped a course, •How to Build and Comply 

wth the ISPSC ~ that can be scheduled by contact•ng APSP. FurtMr, <U wilh other l.eOdes, the ISPSC ai.SO ptovwd'6S a 

concise commentary book tor user$ that ptovides an undetstandltYd of requirements found in the code. lnformatl:ln on 

both the ISPSC and the ISPSC Convnentary can be found on the APSP website and at YNNI tc:Csafe org. 

13. What :u e the Top benefits of:. st:.te or beallty adopdng the ISPSC? 

The onty oompreheMNe model resicSential and public swimm:ng pool arKS spa code ava•lable. 

·NEW" s~ate and loCal jufisdicbons adopting the ISPSC ate ellgib .. rot CoMumtt PrOduct S.tttty ComrMslon 

lCPSCl fe"arfy training money 

Enhances res.idenuat pool barntr requw-e~nts. reducing drowning Of' near drowning. 

Ellm•nates entrapment li'IC:Idents, and ensure-t VJCg•n•a Graeme Baker Act compliance and el!glblllty under the 

VGB State Grant Program by refetence to APSP-7 Standard for Suc:tJOn Emapmenc Awidsnoe. 

uses time-prown ~SVAPSP s.tanclards by reference and integratiOn. 

Contains barner, deck.-.g and lighting pcoviSIOns eoord•nating with the IBC 

Covers all t~es of aquatiC vessels, InclUding residential and ,ou·bhc pools, port8ble and In-ground sp&$. water 

parks, e>OLHciSe spu, and hot tub$. 

Is based on up to date, saentifiC and lh~d party testing and research on issues such as enttapment prevention, 

drowning preventlol\ energy UU~ge and matena!s and dtnenslons 

Requ• es portabte spas be certified to the latest Industry standards, etmlnatlng the need to inspect lnaocesslbte 

irt.erlot component$. 

The fnt swimming pool and spa code to addren aquatic recreatiOn t.&clt:a~eJ 

The ff'St swimming pool aM spa cOde to address energy usage by Including an energy standard tor re-sidential 

portable eJtcttlc spas and fOf resklent~& n-grovl'l<f swrnmlng poOl al'ld spa equipment 

2111 Eisenhower Awnue • Su~e 500 · Alexandria. VA 22314 • wwwAPSP.org 
45 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. RICHARD BLUMENTHAL TO

CONNIE HARVEY

Question 1. While advertising campaigns and educational materials promoting 

water safety are vitally important, is there any substitute to in-person and handson classes where at-risk children can learn how to swim? 

Answer. The American Red Cross advocates that everyone becomes ‘‘water smart.’’ 

It is a combination of water safety and swimming knowledge and skills that help 

children and adults to be able to enjoy the water safely. 

When it comes to learning to swim, there is no substitute for in-person, in-water 

lessons for people of all ages. The Red Cross has established a definition of water 

competency—the minimum skills that everyone should have. These critical water 

safety skills are the ability to do the following, in a sequence: 1. Step or jump into 

water over your head; 2. Return to the surface and float or tread water for one 

minute; 3. Turn around in a full circle and find an exit; 4. Swim 25 yards to the 

exit; and 5. Exit from the water. If in a pool, be able to exit without using the ladder. 

Water safety knowledge and skills should be an integral part of every swim lesson 

experience as they teach people how to prevent water emergencies from happening 

in the first place and appropriately respond if things go wrong. 

The Red Cross also advocates that water safety education be included in dry land 

settings, such as classrooms and parks and recreation programs. Teaching the basic 

concepts of water safety and drowning prevention helps lay a foundation and raises 

awareness of the need to be prepared and safety-conscious whenever around water. 

Question 2. Drowning remains the number one cause of unintentional injury 

death in children 1–5 years. Wouldn’t funding cuts to states and localities that teach 

at-risk children how to swim hurt efforts to reduce drowning? 

Answer. The Red Cross believes that swimming is a life skill that everyone should 

have, regardless of their ability to pay for swim lessons. Many organizations that 

offer swim lessons do not have the resources to be able to subsidize the expenses 

that would make them available at low or no cost. Grant funding can help organizations make swim lessons and water safety education available, accessible and affordable in parts of their communities where the need is greatest. 

Grant funding that focuses on drowning prevention can help organizations advance important goals, especially when multiple groups come together. In my written and oral testimony, I shared highlights of the Red Cross Aquatics Centennial 

Campaign. Our Centennial Campaign supports Red Cross Licensed Training Providers by helping provide more swim lessons to the communities they serve by significantly reducing the costs of swim lessons and water safety education. The campaign also offsets the cost of training the lifeguards and swim instructors needed 

to provide the lessons. 

Grant funding that is made available to national organizations, like the Red 

Cross, can help extend what our training partners, such as municipal parks and 

recreation departments, schools and service organizations, can do. There is no doubt 

that these collaborations, powered by grant and donor dollars, make a lifesaving difference. 

Question 3. Does the Red Cross teach its lifeguards about the risks of drain entrapment? Are Red Cross-certified lifeguards trained to regularly check drains to ensure they are compliant with the VGB Act and are securely in place to reduce risk 

of drain entrapment? 

Answer. The dangers of drains and drain entrapment are included in all Red 

Cross training programs for lifeguard managers, lifeguards, swim instructors and 

swim lesson participants. Facility management and/or pool operators ultimately 

have responsibility for the overall safety of an aquatic facility, which includes meeting federal, state and local requirements, such as compliance with the Virginia 

Graeme Baker Pool and Spa Safety Act (VGBA). 

The Red Cross recommends that each facility includes personnel trained in the 

Red Cross Lifeguard Management course, which helps educate them about these responsibilities, including compliance with the VGBA. Lifeguard Management participants are taught that to meet the requirements of the Federal law, main drains 

must have a VGBA-compliant cover, a mounting frame, a sump and fasteners to 

make sure the drain cover is attached securely to the sump. They are also encouraged to conduct daily inspections of aquatic facilities as an important risk management strategy. 

Lifeguards play an important role in facility safety. As part of the safety team, 

lifeguards are typically tasked with conducting daily facility safety checks that include making sure the drain covers and suction fittings are undamaged and secured. 

Red Cross-trained lifeguards are also instructed to intervene if patrons are playing 

46 

around drains and suction fittings and warn them of the dangers. And, Red Crosstrained Water Safety Instructors (swim instructors) are taught the dangers of 

drains and entrapment injuries so they can help educate swim lesson participants 

about drain safety. 

Although requirements of the VGBA only apply to public pools, the Red Cross, in 

partnership with the National Swimming Pool Foundation, included the recommendation for all pool and spa owners to install VGBA-compliant covers in the 

online course Home Pool Essentials: Maintenance and Safety and cautions to avoid 

playing or swimming near drains and suction fittings. 

Question 4. What steps can we take to minimize our exposure to the bacteria and 

bugs in the water? 

Answer. Red Cross Lifeguard Management, Lifeguarding, Water Safety Instructor, Home Pool Essentials and swim lessons courses all include content on the importance of good water quality, recreational water illnesses and prevention practices, including the Six ‘‘Pleas’’ for Healthy Swimming that are based on guidance 

from the Centers for Disease Control and Prevention. 

The Six ‘‘Pleas,’’ as presented in the American Red Cross Swimming and Water 

Safety manual, are adapted from Centers for Disease Control and Prevention: Six 

Steps for Health Swimming (http://www.cdc.gov/healthyswimming/): 

1. Please do not swim when you have diarrhea. This is especially important for 

children in diapers. 

2. Please avoid getting pool water in your mouth, or swallowing it. 

» Please practice good hygiene. 

» Please shower with soap before swimming. 

3. Please wash your hands after using the toilet or changing diapers. 

4. Please take your children on bathroom breaks and check diapers often. 

5. Please change diapers in a bathroom or a diaper-changing area, but not poolside. 

6. Please wash your children thoroughly (especially the buttocks area) with soap 

and water before swimming. 

Question 5. Are Red Cross lifeguards trained in inspecting grounds for faulty wiring and preventing electrocution? Are lifeguards certified by Red Cross trained with 

what they should do if they witness someone suffering an electrical shock in a pool? 

Answer. Similar to the answer regarding the VGBA (Question #3), facility management and/or pool operators ultimately have responsibility for the overall safety 

of an aquatic facility, which includes meeting federal, state and local requirements, 

including compliance with electrical codes. The electrical systems of an aquatic facility should be inspected regularly by a licensed electrician as state and local electric 

codes are strict about the position of electrical outlets and use of electrical devices 

around pools. 

The Red Cross Lifeguard Management course teaches that electrical shock is a 

potential danger in the operation of aquatic facilities. Conducting and documenting 

a safety check of electrical equipment should be included as part of a daily or weekly maintenance routine. 

In the event of an electrical shock, lifeguards are trained to remove the victim 

from the water then respond to the condition of the victim, including providing full 

CPR if the victim is not breathing and does not have a pulse. 

Æ 

47 

This page intentionally left blank.