HARTFORD, CT – The state House has passed a bill requiring owners of inground pools or hot tubs to put a fence around the structures after a sometimes-heated debate over child safety and whether the requirement was unfair to current pool owners.
The legislation, House bill 5169, which is headed to the Senate, passed 102-45 mostly along party lines, with Democrats supporting the measure. The vote came after a proposed Republican amendment to grandfather in existing pools and hot tubs was defeated 95-51, also along party lines.
Owners of inground pools or hot tubs that have more than 24 inches of water would have until July 1, 2025, to erect a fence around the structure. No new certificate of occupancy or building permit would be issued for construction of an inground pool or hot tub without a fence starting on July 1, 2024.
“This bill seeks to prevent drownings,” said Rep. Eleni Kavros DeGraw, D-Avon.
Republicans sharply criticized the measure, arguing that while the goal of reducing drownings was laudable the bill was unfair to pool and hot tub owners who installed their structures without the requirement of a fence. They noted the high cost of fence installation and what they said was an inappropriate attempt to retroactively enforce a law.
“We’re not supposed to be passing bills retroactively on anything,” said Rep. Francis Cooley, R-Plainville.
Rep. Cara Pavalock-D’Amato, R-Bristol, said she found it offensive that Democrats were suggesting that a vote against the bill without the grandfather amendment was a vote against protecting children from drowning. She noted that there are other life-saving measures the legislature could adopt that would be less financially damaging for state residents.
“If our intent is to save lives, we can mandate that kids take swim lessons,” said Pavalock-D’Amato, R-Bristol.
But Rep. Liz Linehan, D-Cheshire, argued that the legislature has taken bipartisan measures over the years to protect children and adults from drowning, including requiring the addition of water safety to school curriculums where the town does not have a community pool, and using federal funding to offer free swim lessons.
“We need to send a message that we do care about child safety,” she said.
Experts say young children typically drown in pools while older children and adults typically drown in open bodies of water.
At least four children drowned last year in Connecticut, news reports indicate. Between 2011 and 2018, 39 children drowned, according to the state Office of the Child Advocate.
The child advocate’s office recommended installation of fences at least four-feet high around pools.
