New pools bring new dangers

There is a new danger to children, and some people don't want to hear about it. The problem is with the (sometimes smaller) soft-sided and metal-sided swimming or wading pools that can be purchased from discount stores for about $100 to $200. These pools are deep enough for a child to drown in and often have a filter system that is incorrectly hooked up to an electrical source. Often, "an extension cord coming out of a kitchen window," according to Ogden Building Inspector Jack Crooks. "The electrical installation needs to be code compliant, the same as above-ground pools and in-ground pools. The electrical system must be properly installed and inspected by certified Underwriter Laboratory Inspectors."

"In this situation we want to be proactive rather than reactive," Crooks says. "I am going to direct people in my department to send a letter or meet (residents) face-to-face, knocking on doors and telling them they have a problem. Retail stores are not telling people there are safety issues with these pools. I am also going to recommend a small fee and a permit. That way we will know where they (the pools) are going and we will be able to educate the public to the necessary safety requirements.

There are two main issues according to Crooks: the lack of fencing or barriers and dangerous electrical connections to the filter mechanisms. According to a New York State code dated January 1, 2003, which is part of the international building code which NY State has adopted and added some of its own enhancement, the term swimming pool is defined as "any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas." The new code also addresses hot tubs and spas which may need to have fences (or in some cases horizontal barriers) and certainly need proper electrical supply, according to Crooks.

In a letter from Cheryl A. Fischer, P.E., Assistant Director for Code Interpretation of the State of New York, the following is noted:

"You have asked our opinion regarding the need for swimming pool fences for small swimming or wading pools that have wall heights more than 24 inches. The pools you describe have many variations from metal sidewalls to wider bottoms with inflated edge rings, to a variable number of inflatable tubes on top of one another. Many are under 24 inches in height, but there are many which have a wall height of 30 to 36 inches. Many of those have a filtration and/or chlorination system and some even have an over-the-wall ladder. It is our opinion that these pools are required to be fenced."

"Swimming pools are regulated because of the incidence of drowning of children under age five especially when the pool is unattended. The term "contains water over 24 inches deep" means the pool wall is high enough for the pool to be capable of containing water a depth of more than 24 inches, in a pool which is capable of containing deeper water. There is no provision for a "temporary" swimming pool in the code. The pools, which have a wall height of over 24 inches, meet the definition of swimming pool. Therefore, all such pools are required to have swimming pool enclosures in compliance with RCNYS Appendix G, section 105, barrier requirements."

"The issue," according to Crooks, "is proper enclosure and electrically run filter systems. The responses I have had have certainly been mixed. In some cases there has been surprise and in some cases anger. They don't want to spend money fencing in a $200 pool. My hope is to begin some of the educational processing to get people thinking, so when we do knock on their door, they will know why we are there. We certainly are not trying to put hardship on anybody. We just want to keep people safe.

"However, if there was an injury to a child or a death, they would have a whole new perspective on their choices (about fencing or electrical hook-ups). And I don't want to play down the electrical issue. Certainly, running an extension cord around water is a very unsafe condition.

"Newly adopted codes even on pools in general," Crooks says, "have higher standards. Sliding doors (leading to decks with pools or pools in general) need an alarm and/or a self-closing, self-latching ability."