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Comments about ‘Utah County pools struggling with new drain law’

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Published: Thursday, Jan. 14 2010 12:00 a.m. MST

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Rich

Congrats on your foresight Davis County Environmental Health staff and leadership.

Water Conservation.

That's one of the best ways for water conservation, shut down all pools and businesses using large amounts of water in pools and spa's. They should even go a step farther and close down pools in yards and home sites. Not only would it conserve water it would stop the spread of deadly and once eradicated diseases brought to america by illegal aliens.

With water shortages as bad as they are, conservation must be imposed on these items that serve no real purpose to conservation. And limit the number of car washes and water used by them.

RE: Water Conservation.

Hope you are being sarcastic - it not, you are a NUT.

Unbelievable

How does this law apply to Utah? Congress has limited defined powers and the Supreme Court says they have nothing approaching a "police power" (general safety and health powers that the 50 Union states have).

Looking at the definition of State in the Act - "The term “State” has the meaning given such term in section 2052 (10) [1] of this title, and includes the Northern Mariana Islands." Section 2052 says, "The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands."

Anyone with a modicum of understanding of rules of statutory construction will recognize that the 50 states are left out of these definitions. So why do we have the legislatures of the Union states falling over themselves to comply with a law which doesn't pertain to them? Are they really that dumb legally speaking? This is one example of a serious problem in this country of the law being maliciously applied to persons, places, and circumstances to which it constitutionally cannot.

Be Pool Safe

To Unbelievable: Please look up HR 6-303 to 309 Title XIV section 1404 (b). This Law applies to ALL public swimming pools in the United States. You are free to challenge the Federal government's right to enact a law that obviously is a State's rights issue. But calling 300,000 pool owners "dumb"?

One other comment - this Law is not malicious. Search Abigail Taylor of Minnesota. Do you want to ask the Abigail's parents if the Constitution is being applied correctly via the Virginia Graeme Baker Act?

Pool safety is important, whether the VGB Act is being applied correctly is arguable.

The Act applies only to public pools. Entrapments will continue in private/residential pools. If you or any of your friends or relatives owns a pool or spa with a SINGLE underwater drain - you should be concerned about Entrapment.

Even if the word “entrapment” is not in the Constitution

confused

To Unbelievable:
Ok, maybe I'm one of the dumb ones you are talking about, but I am a little confused about your remarks. First you quote Section 2052 as saying, "The term “State” means a State..."
And then you say, "Anyone with a modicum of understanding of rules of statutory construction will recognize that the 50 states are left out of these definitions."
My question is, if a state is left out of the definition that defines a state as a state, how do you define a state?

John

I own a Pool and Spa company in Utah. The Laws enacted have been great for business but a mess for commercial pools. Utah's health department has gone even farther then the national law. Entrapment is something I have never heard of locally and almost all cases it was do to the pool having no drain cover installed. I have tried to get trapped on a drain cover many times and have never been able to come close to becoming trapped. The law is more of a feel good law and more like a tax on businesses and consumers as they see price increases to pay for the repairs. I have seen commercial pools close because the cost was to high to make the repairs and these are pools that I would never think twice about letting my kids get in.

Anonymous

The national deadline for the implementation of the VGB Act was December 15, 2008. That deadline has come and passed. Since that deadline there have been a couple deaths that occurred in non-compliant pools these have resulted in multi million dollar settlements on facilities being shut down. Compliance does not have to be as complicated or as expensive as many companies have been proposing. It is essential in Utah to make sure you are working with a reputable and licensed pool company that is working with licensed engineering to ensure compliance.

The installation of a pool in a typical backyard conserves water usage. If the pools were not storing the water the same area would more than likely be put in grass with is a huge water consummer. Many areas are requiring home owners to either implement pools or ponds that can be used as emergency water sources in case of a house fire range fire. If the water were not stored it would simply run into the ground, evaporate over a large area or heaven forbid end up in California.

Too much do-gooderism


Another fine example of the unforseen cost, consequences and repercussions that result from well-meaning busybodies trying to protect us from ourselves.....

Follow The Money

This act was pushed through with consultants of major manufacturing companies who stood to make a fortune from this new law. VGB is not as much about safety as it is about money. A local contractor in my area was sent to Hawaii from a company that manufactured over 100 new VRS pumps he installed. That is one guy. VGB is everything that is wrong with this country and our modern system of lobbyist driven government.

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