Owners scramble to make pools safe

Operators of shallow public swimming pools are scrambling to meet the requirements of Minnesota's new Abigail Taylor Pool Safety Act, which required installation of "anti-entrapment" features on pool drains by the start of this year to prevent catastrophic injuries like the one that led to the 6-year-old Edina girl's death.

This week, Bloomington revoked the swimming pool licenses of a hotel and a condominium complex that have not modified their spa pools. In Minneapolis, where 24 of 53 shallow pools have been inspected this year, six were ordered closed because they violated the law. Three were reopened after drains were modified. Hennepin County closed 24 pools this year, 16 of which remain closed.

While statewide numbers aren't available -- 41 different agencies in Minnesota inspect and license swimming pools -- the picture appears to be much the same across the state, said April Bogard, a supervisor in the environmental health services section of the Minnesota Department of Health. There are about 3,450 public swimming pools of all types in Minnesota.

"Pools are being closed across the state," Bogard said. "People are trying to make the necessary changes. We know that some are being more successful than others."

Minnesota's pool safety act was signed into law in May. It is named for Abigail Taylor, who inadvertently sat on an uncovered wading pool drain at the Minneapolis Golf Club in St. Louis Park in 2007. Suction ripped out part of her intestinal tract, and she died nine months later.

The state law, which Bogard said is stricter than a similar federal measure passed in 2007, required that as of Jan. 1 pools less than 4 feet deep had one of three anti-entrapment devices installed. Those options include a large, unblockable suction outlet or drain; dual and parallel suction outlets; or a gravity drain. The same requirements take effect for regular swimming pools in 2011.

Most of the pools that inspectors are targeting now are spa and therapy pools in hotels, condo and apartment complexes and health clubs. Pool contractors are swamped with work, state-of-the-art drain covers are in short supply and the work can cost thousands of dollars.

The new law also covers pools in buildings like apartment buildings and fitness centers, which previously did not need licenses. Bogard said that because of the expense, some pool owners are voluntarily closing their pools rather than making needed changes.

In Bloomington, five pool owners surrendered their licenses because "they either couldn't line up a contractor or it was too expensive for them," said Lynn Moore, manager of the city's environmental health division.

"It's been hard for a lot of establishments to come into compliance and do so quickly," she said.

Bloomington warned owners of more than 200 pools in Bloomington and Richfield, whose inspections Bloomington also handles, about the new law as far back as last May, later sending them copies of the new law and visiting in person to complete a state pool survey. By this week, all the Bloomington pools except spas at Fountain Lake Condominiums and the Travelodge on E. 78th Street had met the new requirements. The City Council revoked their pool licenses this week.

While the Travelodge disputes the action -- "Our pool people said our pool was not affected by that, and are speaking to the city," manager Ronald Schultenover said -- Fountain Lake is trying to comply. It has not been easy, said John Breitkreutz, president of the condo association.

An unblockable cover for a drain in the condos' 1973 spa pool was on back order in November and didn't arrive until last month, Breitkreutz said. An engineer also is working on a custom cover for a side wall vent. The project may cost around $5,000, and Breitkreutz hopes it will be done by March.

"We all have grandkids, and none of us wants them to get stuck on something like this," Breitkreutz said. "Ours was maintained, though. This wasn't going to happen here."

At the Country Inn & Suites in Bloomington, which was on the city's list for license revocation until last week, manager Jodie Grannes talked to contractors and pored over websites for two months before deciding to have the hotel's two spa pools replumbed at a cost of $13,000. With varying requirements in state and federal laws and differing opinions from contractors, Grannes said she finally relied on a city expert for advice. Work that finished last week put recessed trough drains in the spa floors.

While she said she would have liked more lead time to get ready for the change, "obviously, everyone wants to have the safest operation they can. There's no way you can cut corners on something like this."

And that's a good thing for Horizon Commercial Pool Supply in St. Paul. CEO Jason Gillet said the limited number of contractors who work on commercial pools means that his firm has been swamped with business.

He said that while large, "unblockable" drain covers are the cheaper option, it's difficult to retrofit many existing drains, and approved covers are in short supply. So many pool owners are knocking out pool bottoms to put in drains that have two suction outlets on a single pipe. That can cost $6,000 or more, Gillet said, but he said it's the safest option. If a drain cover ever comes off or if someone sits on an outlet, the full flow goes to the other drain. New drain covers often are also slightly arched so that if someone sits on them water still flows in the sides.

This spring, another round of pool closings could come as inspectors begin visiting outdoor pools. Bogard said she hopes owners begin addressing those issues before peak swimming season hits in June.

"Nothing is 100 percent safe," she said, but "I think the Minnesota state law goes a long way to ensuring that this type of accident never happens again."

Mary Jane Smetanka • 612-673-7380