Wither Federalism
I am totally confused – under what reading of the constitution can this possibly be within Federal powers? Is there an off-chance that a pool might pick up and move across state lines?
A new federal pool-safety law has cash-strapped Valley homeowners’ associations and apartment managers scrambling to finish costly drain modifications so they won’t have to close pools this summer.
Some have already locked gates and posted signs; a few are mulling permanent closure to avoid renovation costs or stiff penalties and legal liabilities if they fail to comply.
The Virginia Graeme Baker Pool and Spa Safety Act went into effect in December and requires that all outlet fittings and drain systems in public and semi-public pools meet new safety standards that prevent drain suction from holding swimmers under water. Backyard pools at single-family residences are exempt.
Certainly the old design can be dangerous — we updated our drains when we re-did our pool. But a federal law?
One might expect that the underlying problem was so grave that it necessitated the shortcut of federal regulation over state and local regulation (which normally covers things like pool construction standards). But in fact the article says that, according to the law’s promoters, less than 2 people per year have been killed by this problem, and presumably most of these have been in private pools not covered by the law (since their numbers statistically dwarf those of public pools).
So why has expensive extra-Constitutional federal legislation been passed to save less than one person per year? Well, because that one person was once related to a famous politician:
The law was named after the 7-year-old granddaughter of former Secretary of State James A. Baker III who died in 2002 in a spa after the powerful suction of a drain held her underwater.
I have written before how politicians’ personal experiences often lead to bad regulation.
