WHITE PAPER

PERIMETER & DECK POOL GRATINGThe Underlying Threat & What You Need to Know to Help Mitigate Risk

Contents

Perimeter Pool Grating: The Underlying Threat . . . . . . . . . . . . . . . . . . . . . . . 2

Factors to Consider When Choosing Grating . . . . . . . . . . . . . . . . . . . . . . . 3-7

Material Composition: Plastic is Plastic. What's the Difference? . . . . . . . . . . . . . . . . . . 3

Engineering and Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Grating Strength and Testing: Worth Its Weight in Gold. . . . . . . . . . . . . . . . . . . . . 4

Testing Grating for Slip Resistance . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Classification of Inclines for Aquatic Facilities. . . . . . . . . . . . . . . . . . . . . . . . 5

Slip and Falls: A Breeding Ground for Lawyers . . . . . . . . . . . . . . . . . . . . . . . 5

Gap Openings: Small Fingers and Toes are at the Greatest Risk . . . . . . . . . . . . . . . . . 6

Child/Finger Toe Entrapment Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . 6

Warranty Doesn't Equal Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Installation, Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Negative Online Reviews Can Be Damaging To Business . . . . . . . . . . . . . . . . . . . 8

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Picture This: A Family Vacation Ruined. . . . . . . . . . . . . . . . . . . . . . . . . . 9

This Whitepaper is intended to inform contractors, customers and facility owners about potential safety issues involving pool grating and drains, and is intended to highlight industry standards and governmental codes/standards for swimming pools, drain covers and pool grating. It is not Daldorado LLC's intent that any information contained in this document be construed as creating any express warranties or implied warranties of merchantability or fitness for a particular purpose arising from the use of any Daldorado, LLC product or component, and pursuant to Fla Statutes 672.316 and 672.318 there are no express or implied warranties created by this document. In the event that any architect, contractor or public/private entity purchases/utilizes any swimming pool related product or component manufactured/distributed by Daldorado, LLC, please read and abide by all installation/maintenance instructions and warnings.

DISCLAIMER: Neither Daldorado, LLC nor its affiliates make any representations regarding the use of the information contained in this document and neither will be held liable for any injury, illness, damage, loss, accident, expense, or any other claim arising from use of this document. The information in this document is subject to change or update without notice. The user of information contained in this document accepts all responsibility for determining whether the information is appropriate for user's purpose. While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please consult with an engineer, attorney or other professional. Daldorado, LLC does not own the copyright for any image used in this publication unless they are noted otherwise. All photographs are copyrighted and owned exclusively by the stock photography company from which they were purchased. Photographs are for illustrative purposes only and are not directly or indirectly related to the subject matter contained within the document. Legal cases that reference names, places and incidents were acquired through public records or made public through online reviews. Any other resemblance to actual events or locales or persons, living or dead, is entirely coincidental.

©2018 Daldorado LLC. All rights reserved. No portion of this document may be copied or shared without expressed, written permission from Daldorado, LLC. All trademarks and register marks belong to their respective owners. Cover image credit: dreamstime.com

Page

credit: dreamstime.com

In 2007, the Recreational Aquatics Industry was turned

upside down as the focus on the dangers associated

with swimming pool main drains (entrapments below

the water line) became mainstream news. Seeing this

as a serious health crisis, Congress moved to enact the Virginia

Graeme Baker Pool and Spa Safety Act (VGBA), mandating

that every public pool within the U.S., both new and existing, be

equipped with drain covers that meet the ASME/ANSI

A112.19.8-2007 standard. Pools not in compliance by

December 19, 2008 were forced to close. December 2018

marks the 10 year anniversary since the induction of the VGBA

and reports estimate a 17% decrease in fatalities. This is a

testament of how awareness and laws not only change the

industry, but also save lives.

1

2

3

Introduction

Comparatively, deck drains and perimeter pool grating of all types

can be found around most public swimming pools, hot tubs and

wading pools—and aside from the water, they are the products

that come into direct human contact the most. Injuries associated

with deck drains, overflow or rim-flow grating (above the water

line) seldom make headlines, but it doesn't mean they don't cause

bodily harm, loss of revenue, and even lead to costly lawsuits, a

few of which are ongoing at the time of this writing. This white

paper is meant to provide insight and awareness to this

underlying threat and to educate industry professionals on the

pitfalls of specifying or purchasing inferior products which have

not been proven or tested, nor maintained properly—and since

commercial pool grating comes in many forms and constructed

from just as many different materials, this white paper will focus

specifically on plastic grating.

credit:dreamstime.com

Although there are laws for public pools that

have succeeded in the reduction of injury

and death associated with main drains

below the water line, there are no U.S.

industry standards for perimeter pool and

deck grates above the water line. Since,

pool grating has a high level of public

interaction, it should be looked upon as one

of the first lines of defense for risk

management. Without laws to mitigate risk,

the responsibility falls into the hands of

consultants, contractors and facility owners

to know what to look for and what questions

to ask when purchasing pool grating, as well

as performing periodic inspections and

maintenance to help reduce non-fatal

injuries due to broken or missing pool

grating, etc.

Perimeter Pool Grating: The Underlying Threat

Fortunately, in most cases, these issues

may not cause human death, but can

most certainly lead to lawsuits, or at the

very least negative online reviews that

affects the reputation of a hotel resort,

country club or waterpark, which can

equally become detrimental to business.

For example, Carla Cowen v. Louisville

County Metro asserts, “…while exiting

the pool, Carla slipped and tripped on the

pool deck, sustaining injuries to her left

leg from the pool's gutter drain cover…”

This lawsuit began in 2009 and went on

until late September 2016 (over 7 years).

Similarly, a lawsuit between Mayerman v.

Perkins Eastman Architects, P.C. was

filed in 2006, and continued until 2012,

which included a claim against

4

5

02

the engineer, construction company,

and two different architects of a country club

where a lifeguard slipped and fell due to

slippery [when wet] coping. It was

determined that all parties were at fault and

they were each required to pay damages to

the victim.

In either situation, there was no mention that

the pool grating that had been installed was

tested and certified for strength and/or slip

resistance, nor did it appear that there was

any documented routine inspections or

periodic maintenance. Doing so may have

been all that was necessary to help achieve

a different outcome, or at least prove there

was a concerted effort to maintain public

safety, which would have been considerably

less expensive than a 6-7 year lawsuit, not to

mention the grief it would have saved all the

parties involved.

George Bachelor, 17, needed a skin graft to repair a gaping gash on his shin after he fell through a faulty plastic grate by the pool in Pavilions in the Park on Hurst Road, Sussex.

On the night of Thursday, October 6, 2011 George was walking around the pool while teaching a lifesaving class when the grate gave way beneath him. He slipped through the small hole and managed to haul himself out. But when he looked down at his right leg, he felt faint. “There was so much blood and I just wanted to lie down or be sick,” said George.

He was taken to hospital, where doctors performed emergency reconstructive surgery, taking skin from the teenager’s thigh to repair the wound which was deep enough to expose the bone. And although George is now on the mend, he said his football and rugby days are over.

Read more at: https://www.westsussextoday.co.uk/news/teenager-suffered-horrific-injury-in-pool-grate-fall-1-3177700”

Published: Monday 24 October 2011, West Sussex Gazette

credit: 123RF and BigStock photo

©2018 Daldorado LLC. All rights reserved. www.daldorado.com Photo credit: Shutterstock.com

Horrific accident left a teenage lifesaving instructor with a gruesome hole in his leg at swimming pool.

In the News

to have NSF50 Certification they should willingly produce proof of the test results. Without NSF50 Certification, the pool grating may be prone to discolor, break

management solutions. NSF50 certification requires materials to be corrosion-resistant, plus meet minimum criteria established to ensure that the materials do not contribute harmful contaminants to the water http://www.nsf.org/media/enews/documents/nsf_50_150715.pdf. If a manufacturer claims

Factors to Consider WhenChoosing GratingFrom the consultant/architect to the contractor

to the facility manager, it's important to know

what features to look for in plastic grating.

These include material composition,

construction, strength testing, slip resistance,

certifications and warranties. Other factors

include ease of installation, repairs and

maintenance. We will cover most of these

aspects in the following pages and include

examples of lawsuits that may relate to them.

The first measure of grating begins with its

composition. Plastic pool deck and perimeter

grating has been used in commercial pools

and aquatic facilities for many years. Yet, very

few can tell the difference between one plastic

grating and another. Three commonly-used

plastics include PVC (plasticized polyvinyl

chloride), ABS (acrylonitrile butadiene

styrene) and Polypropylene. PVC is a very

popular plastic used in many areas of

construction due to its high impact and

flexural strength while also being lightweight.

It is chemically stable in all weather, offering

superior chemical resistance and UV stability.

For commercial pool applications, PVC

performs extremely well overall.

On the other hand, ABS is more expensive and

is not as stable in sunlight as it lacks the

necessary UV inhibitors to avoid discoloration.

Polypropylene is also commonly used, but it is

also unstable in sunlight and is characterized

as a low density material. Because of these

attributes, a manufacturer may add UV- resistant

properties to the raw materials, or UV additives in

the manufacturing process to ensure a finished

product's UV stability. However, adding these

elements can lead to leeching into the water as

they begin to break down over time.

In order to qualify the material composition and

the quality of the finished product, the

manufacturer should offer complete

transparency on all their product claims—

providing applicable report results and/or

certification for every test performed by industry-

recognized, independent third parties.

Material Composition: Plastic is Plastic. What's the Difference?

For material composition, the most common

test and certification for grating is NSF50 as

outlined by the National Science

Foundation, also known as NSF

9

down and release toxins into the water,

become brittle over a period of time, thus

increasing the chance for liability.

Engineering and ConstructionThe International Building Code (IBC),

which was established to provide standards

within the construction industry has been

adopted for use as a basis by most

jurisdict ions in the United States.

https://codes.iccsafe.org/public/document/

IBC2018 The code provisions are intended to

protect public health and safety while avoiding

both unnecessary costs and preferential

treatment of specific materials or methods

of construction. However, not every

manufacturer of commercial pool grating

adheres to these standards. Pool grating

should not be the exception. Professionals

in the aquatic industry should refer

to the IBC standards for changes

or updates before specifying or purchasing grating help mitigate risk. 03

...the manufacturer should offer

complete transparency

on all their product claims...

credit: 123RF and BigStock photo

©2018 Daldorado LLC. All rights reserved. www.daldorado.com

®

®A Member of the International Code Family

International, which is an independent, not-for-profit, non-governmental organization providing public health and safety-based risk

Factors to Consider (cont'd)

Grating Strength and Testing: Worth Its Weight in Gold

In the height of summer, pool grating will

literally see a ton or more of pedestrian

traffic. This is where grating is put to the

strength test as grates that have become old

and brittle will break easily under pressure

and quickly become a hazard. Retractable

pool covers that become increasingly heavy

when saturated with water, plus the frequent

use of light vehicle traffic (maintenance

carts) add to the potential for breakage.

To mitigate this risk, all grating should be

designed and constructed to meet the IBC

standard for strength, specifically access

covers and grates, which stipulates meeting

or exceeding Code 3996 Class A (over 10kN).

Manufacturers should have their products

tested by an independent lab and make their

reports available for inspection before

purchase, or at the very least to be utilized to

defend against claims in times of litigation.

'Load to Failure' strength testing being performed in a lab. Increased pressure (weight) is being applied to the grating until such a point

that the structure becomes compromised (breakage or deflection).

©2018 Daldorado LLC. All rights reserved. www.daldorado.com

04

credit: Daldorado, LLC

After installation, grating should be

inspected regularly for discoloration,

cracks, breakage or missing grates to

prevent injuries, and even more frequently

in summer. At the earliest sign of

deterioration or breakage, the grating

should be removed and replaced

immediately. Just as with main drains, each of

these inspections should be documented and

noted to exhibit a proactive approach as an

attempt to avoid product failure and preserve

public safety.

Grating cracked “without warning” Published by The Dallas News, Oct 2014

In the News

Plano City officials have closed the pool center on Westside Drive because of safety concerns with the pool’s grating.

David Robb went to the Aquatic Center on August 3 to swim laps when he stepped on the white plastic grating that surrounded the pool. Robb’s lawyer, Bryan Gantt, says the grating cracked “without warning” and sent Robb’s left leg through the covering up to his knee.

Robb suffered a fractured shin and scraped leg, as well as a torn anterior cruciate ligament, posterior cruciate

ligament and meniscus in his knee. “We are still investigating the incident,” Gantt said. “In addition, my client is still undergoing extensive medical treatment.” Robb has filed a claim for damages through the city.

The pool is expected to be closed for another six weeks so that officials can address the issue. Fortenberry, Facility Manager, says that after Robb’s accident, the city immediately replaced the grating tile he fell through. When Robb filed his claim in late August, Fortenberry says the Parks department decided to go back and

inspect the entire pool for any other potential safety concerns. That inspection found other hairline cracks throughout the grating.

For the complete story go to: https://www.dallasnews.com/news/plano/2014/10/24/plano-works-to-fix-aquatic-center-pool-after-accident

credit: dreamstime.com

Testing Grating for Slip Resistance

Most independent labs test for slip

resistance by taking a section of grate and

setting it at a 90-degree position (flat or

level). A person (subject or tester) will walk

or shuffle their feet back and forth on the

grate, which has water continuously flowing

over it. Starting at the 90 degree position,

the grating is slowly tilted in one-degree

increments until such time the subject

begins to slip (failure).

Every measure of degree is pre-defined and

assigned a "Classification" based on surface

type/texture with “A” being the worst and “C”

being the best rated. The typical pool slope is

no more than 2" over a 12" span for an entry-

level pool or 3 degrees. To the extreme,

independent testing labs have found grating

susceptible to slippage at nearly 24 degrees

without failure. Manufacturers that have

performed these tests and made their

findings publicly available can help mitigate

risk from slip and fall claims, and keep

damages to a minimum.

05

Note: At the time of this writing, it is our

understanding that the most common test

in the United States established by the

American Nation Standards Institute was

ANSI 1028 but was withdrawn by the

institute and replaced by ATSM B101.3

(coefficient of friction, slip resistance test),

which is for a level indoor floor. A wet or

incline floor is not taken into account under

this test method.

On the other hand, under the IBC and DIN

(German Institute of Standardization)

standards, the ATSM/AS4586 Appendix C

(wet barefoot inclining platform test) is used

to assess the slip resistance of floors where

people will mostly be with wet, bare feet.

This includes areas such as swimming pool

surrounds, grates, stairs or ramps leading

into pools, changing rooms, shower rooms,

hydro therapy poo ls , access ib le

bathrooms, and the like. It is of our own

opinion that every pool grat ing

manufacturer should be tested and

demonstrate a minimum “C" Classification.

A

B

C

Classification Angle of Incline

> 12°

> 18°

> 24°

Bottom of pools for non-swimmers, in zones with depths of < 0.80 m, also in wave pools

Group A: Angle of incline > 12°

Barefoot area (largely dry)

Floors of pools for non-swimmers

Group B: Angle of incline > 18°

Barefoot areas, where these donot fall into Group A

Shower areas, pool edges, disinfectant spray areas

Paddling pools, elevating floors

Group C: Angle of incline > 24°

Footbaths

Incline pool edge design

Steps leading into water, wherethese do not fall into Group B

Steps and ladders leading intowater and outside of it

Seating steps and loungers

©2018 Daldorado LLC. All rights reserved. www.daldorado.com

The Wet Barefoot Inclining Platform Test under AS 4586-2013. http://www.floorsliptest.com.au/wet-barefoot-inclining-platform-test/

Classification of Inclines for Aquatic Facilities

Pools are a place for fun and exercise where

children and adults interplay—and it's no

surprise to see slips and falls on wet decks,

especially during pool entries/exits where

many accidents happen. And because of this,

swimming pools are a breeding ground for

personal injury lawyers looking for prospects.

Simply type “Pools Slip and Fall” in the Google

search bar and see pages upon pages of law

firms ready and eager for any opportunity to

exploit a slip-and-fall lawsuit.

Aside from keeping decks dry and free from

algae and debris, the first line of defense

against slip and fall accidents is to purchase

pool grating and other decking materials that

have anti-slip or slip-resistance qualities.

Manufacturers should have their grating

tested and certified by a third-party facility that

specializes in slip resistance. As with other

tests, any certification should be offered for

review and copies of reports provided to keep

on hand for future reference.

In addition, although aquatic designers and

architects will specify slip-resistant pool

decking (e.g. concrete, tile and stone), it is not

uncommon for a general contractor to replace

the specified grating in the field for an inferior

product that costs much less to offset other

costs or reduce expenses. Therefore, it's

imperative to double-check submittals

against a designer's specification to ensure

they match.

Slip and Falls: A Breeding Ground For Lawyers

Factors to Consider (cont'd)

A lesser-known IBC standard that many U.S.

grating companies do not comply with is the

International Child Finger/Toe Entrapment

Guidelines, which limits gap openings to

only 8mm (.315”). Without strict adherence to

these standards, anyone, especially children,

can fall victim to the dangers of getting their

extremities caught in the pool grating.

A prime example of this is perpendicular

perimeter pool grating (rim-flow), which is

commonly used in commercial pools and

waterparks. A large percentage of

perpendicular grating installed in pools across

the nation features a gap opening of .375”.

10

Gap Openings: Small Fingers and Toes are at the Greatest Risk

Based on the new 8mm (.315”) gap

requirement the grating is already deemed

non-compliant—and considering that at

the time of this writing it is still being sold

with a .375” gap opening proves that many

manufacturers and industry professionals

are unaware of the new IBC standards, and

the unforeseen issues it may cause.

Even worse is perpendicular grating that

conforms to a radius as the outer radius of

the grating can spread as far apart as 2”.

This significantly increases the potential for

a tripping or entrapment hazard—causing

very serious injuries, especially to small

fingers and toes. Due to its inability to

maintain the proper gap opening, it only

makes sense that it should never be

installed in pools with a radius. It should

only be installed in pools with straight

edges to avoid unnecessary risk.

Perpendicular Pool Grating on a Radius

©2018 Daldorado LLC. All rights reserved. www.daldorado.com

06credit: BigStock.com

cre

dit:

Da

ldo

rad

o, LL

C

0.375" 0.315"

actual size

Current Standard

Gap

Child Finger/Toe Entrapment Guidelines

New IBC

Guidelines

credit: Daldorado, LLC

Perpendicular pool grating on a radius

significantly increases the potential for a

tripping or entrapment hazard.

Factors to Consider (cont'd)

credit: BigStock.com

A Warranty Doesn't Equal Quality

While a manufacturer's warranty will cover against

product defects, warranties offer little to no

protection from potential harmful claims against

consultants, contractors and facility owners. A

three-year warranty versus a ten-year

warranty doesn't necessarily define the

product's overall quality and should not be

construed as a basis for purchasing grating. It

is, however, an opportunity to exhibit a

manufacturer's integrity to stand behind its

products (service after the sell). Therefore, ask

the manufacturer to provide the warranty in writing and

outline the details of what the warranty will cover, as well as

the conditions that void a warranty.

As with all products, it is extremely important

to follow the manufacturer's instructions for

installing grating. The manufacturer should

make themselves readily available should

there be any questions about how to install or

maintain the grating. For all pools where

grating conforms to a radius or has miter

corners, they should be inspected for IBC-

recommended gap openings.

Grate supports should also be inspected as

they may need to be replaced or require

added support to provide the strength

necessary to withstand pedestrian and

vehicle traffic. If grating has become brittle

or begins to exhibit discoloration and

cracks, it should be replaced immediately

to keep risk at a minimum and avoid

extended pool closure.

©2018 Daldorado LLC. All rights reserved. www.daldorado.com

If you need to make a warranty claim, it's important to

take high quality photos and explain in detail how the

grating is not performing as warranted. Typically,

manufacturers will prorate a warranty based on a

number of factors. These may or may not

include the length of time after the purchase

was made, where the grating was installed,

such as an outside pool exposed to intense

sunlight (UV discoloration), or if it was not

installed correctly (not seated on the ledge

supports of the gutter correctly, which can cause

warping, or compromise the support). In the end,

proper documentation and communication is key to

getting the most out of your warranty claim.

Installation, Repairs and Maintenance

07

Maintenance Tips forMinimalizing Risk

Make sure grates remain level to

the deck plane to avoid tripping

hazards.

Keep additional grating on hand to

replace broken or brittle grates.

Clean grates regularly, removing

dirt and debris to prevent premature

degradation, and slip and fall

accidents.

Cord off questionable or dangerous

areas to prevent public access.

Keep a log of all grating repairs and

maintenance. This may reveal a

pattern of increased degradation,

indicating it's time to replace the

pool grating.

Factors to Consider (cont'd)

credit: dreamstime.com

Negative Online ReviewsCan be Damaging to Business

Great property, watch the pool grate though!Angie S., Des Moines, IA Online Review August 25, 2015

“We stayed at this hotel while in Ft Worth doing a college visit at TCU. The location is terrific, convenient to TCU, and easy access to other attractions in the area. The area around the hotel is clean and updated plenty of dining options. The front desk staff was terrific, very friendly with a warm greeting each time we came in the lobby. Breakfast was good, and the staff was helpful in offering made-to-order options in addition to the buffet items. My only complaint was a significant one to me. We spent a couple hours in the pool area (which is bigger than most hotel pools, with fun options for kids).

They have a basketball hoop with a pool grate right below it. My husband even mentioned at one point it seemed like a bad place to have the hoop, over the grate. We were playing in this area, goofing off and having fun, when I came down on the grate and my foot jammed into it, breaking one of my toes. (Which made for a pretty miserable walking tour of the TCU campus the next morning.) Before we checked out, I reported it to the manager, who was very cordial and took my information. Six weeks later, there has been no follow up, which is surprising and disappointing to me. The injury is mostly healed at this point, but it has affected my summer activities. So, be careful!”

Worst holiday ever!!!!!!!Madison, WI Online Review June 13, 2013

“Looks nice from the front as you arrive, but where do I start… we stayed there from the 22nd of May for 11 days & came home on the 2nd of June 2013 - weather was great, came home with a nice tan but my son came home with a badly bruised leg with deep cuts due to falling through the white swimming pool grills which are around the pools as seen on website photos. We spoke to the manager who was very rude and wouldn't except any responsibility. Our holiday was ruined.”

Warning: Son injured in resort pool…Holiday ruinedOnline Review August 10, 2017 via mobile

“We are currently here and are having a horrible time...my son's ankle was cut so deep on the pool grates in the sunrise pool near the swim up bar that the resort doctor had to give him stitches. He is now on antibiotics and in a wheelchair. Our holiday is ruined and this is only the second day of our holiday…I'm so disappointed we thought this holiday would be amazing.... how wrong we were!”

REVIEWS

1,158 reviews

While lawsuits stemming from accidents occurring around a commercial pool are a huge concern to business owners, more consumers than ever are using social media and real-time feedback (online reviews) from other consumers to make their purchasing decisions.

According to 2018 ReviewTrackers Online Reviews Survey , 63.6 percent of consumers say they are likely to check reviews on Google before visiting a business — more than any other review site. What is even more revealing is that negative reviews convince 94 percent of consumers to avoid a business. With the ability to use mobile devices to take photos and quickly post reviews, it's fair to say, this could have a long-lasting and devastating impact on any business.

A Google search for "pool grate tripadvisor" results in negative reviews of patrons visiting hotels, resorts and water parks that include graphic images of broken and missing grates, or worse, those who were hurt by falling through broken grating. By taking a proactive approach to proper maintenance of perimeter pool grating and decking may have helped to avoid these negative reviews. Three of these results are listed below.

12

credit: dreamstime.com

credit: graphicstock.com

Picture This

Every year, thousands of families venture

out on vacation, what should be the best

time of their lives. They've worked very

hard, saved money and planned a

wonderful trip…one where the kids can

swim and play all day long, while mom

and dad enjoy some sun-filled down time.

They've done their due diligence by

reading all the hotel reviews, looked at

pictures of the resort and the recreational

offerings, and probably spent a small

fortune on sun screen alone!

They get to the resort, change into their

swimsuits and head for the pool. Little

Sally excitedly bee lines for the shallow

end, arm floaties attached and all safety

precautions taken, only to trip and fall

through the deck grating at the edge of the

pool. Now her little hands, legs and knees

are all scraped up, she's possibly broken

a toe and there's blood everywhere.

Upon inspection, resort management finds

broken and uneven grating, and grates missing

around the edge of the pool, but it is too late. The

fall has caused Sally to become badly injured,

thus beginning this family vacation in the ER,

and ending it with a visit to their attorney.

Fortunately, this story is fiction. Unfortunately,

we live in a litigious society—and when this is

married with public pools, everyone, from the

consumer to the aquatic designer, can be put

at risk if precautions are not made.

Perimeter and deck pool grating is more

than its ability to divert water. It is a feature

that has one of the highest levels of public

interaction. Therefore, grating should be

designed, constructed, tested and

maintained to meet or exceed the highest of

standards with the protection of public

health and safety the ultimate goal.

Summary

References1. The Virginia Graeme Baker Pool & Spa Safety Act

was put into effect on December 19, 2008 with the

hopes that another child, or their family, would not have

to suffer the tragedy associated with drain entrapment or

evisceration, and stands as the first federal legislation to

address this public health crisis. This law mandatorily

required all public pools and spas to replace their main

drain covers with anti-entrapment drain covers and other

safety devices, meeting the ANSI/ASME

A112.19.8-2007 standards.

http://apsp.org/portals/0/PDFs/Summary%20of

%20the%20Act.pdf

2. ASME/ANSI A112.19.8-2007

http://apsp.org/portals/0/PDFs/Summary%20of

%20the%20Act.pdf

3. CPSC Hails Success of Virginia Graeme Baker Pool

& Spa Safety Act as Law Hits 10-Year Mark https://

www.cpsc.gov/content/cpsc-hails-successes-of-virginia-

graeme-baker-pool-spa-safety-act-as-law-hits-10-year-mark

4. Carla Cowen v. Louisville County Metro

https://cases.justia.com/kentucky/court-of-

appeals/2016-2015-ca-000600-mr.pdf?ts=1474639344

5. Mayerman v Perkins Eastman Architects, P.C.

https://law.justia.com/cases/new-york/other-

courts/2012/2012-ny-slip-op-50267-u.html

6. ICC: International Swimming Pool & Spa Code

https://codes.iccsafe.org/public/document/ISPSC2015/

chapter-3-general-compliance

7. NSF International Standard / American National

Standard - NSF/ANSI 50 – 2015 Equipment for

Swimming Pools, Spas, Hot Tubs and Other

Recreational Water Facilities

http://www.nsf.org/media/enews/documents/nsf_50_150715.pdf

8. Overview of the International Building Code® (IBC®)

https://www.iccsafe.org/codes-tech-

support/codes/2018-i-codes/ibc/

9. NSF 50 Certification

http://www.nsf.org/services/by-industry/water-

wastewater/recreational-water-pools-spas

10. International Child Finger/Toe Entrapment

Guidelines

https://www.anec.eu/images/Publications/technical-

studies/ANEC-RT-2012-CHILD-001final.pdf

11. Mayerman v Perkins Eastman Architects, P.C.

https://law.justia.com/cases/new-york/other-

courts/2012/2012-ny-slip-op-50267-u.html

12. Review Tracker 2018 Data

https://www.reviewtrackers.com/online-reviews-survey/

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