Virginia Graeme Baker Pool & Safety Act

Findings: In 2004, the second leading cause of injury related deaths in the U.S. for children fourteen (14) and under is by drowning. The law stemmed from the 2002 drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker III.
The Law: Below is a summary of those portions of the law that directly affect commercial operations that provide guest, members, or the general public with access to a swimming pool or spa.
The law placed the treatment of swimming pools and spa drain cover under Consumer Product Safety Committee and the Consumer Product Safety Act. Effective December 19th, 2008 all pool and spa drains manufactured, distributed or entered in commerce in the U.S. must conform to the entrapment protection standards of the ASME/ANSI.

Public Pools

Beginning December 19th, 2008

Each public pool or spa must be equipped with ant-entrapment devices or system

Every public pool and spa that a single drain (other than an unblockable drain) shall be equipped with one or more of the following

Safety vacuum release systemSuction limiting vent systemGravity drainage systemAutomatic pump shut-off systemDrain disablement

Standards must met the requirements of ASME/ANSI or ASTM

Public pool is defined by the law. The definition of public is used very loosely.

Open to the public generally, whether for a fee or free of charge;

Open exclusively to-

Members of an organization and their guestResidents of an apartment building or complex, residential real estate development, or other multifamily development (other than local government)Patrons of a hotel or other public accommodations facility

Operated by or for the Federal Government for the benefit of the Armed Forces and their dependents

TruePoint Insurance Group, LLC
6287 Taylorsville Rd.
Fisherville, KY 40023
(888) 706-5423
TruePoint Insurance Group, LLC is not licensed to practice law, nor can it provide legal counsel. This summary is not intended as a legal opinion. We cannot warrant that the opinions and representations provided in this summary are accurate. TruePoint Insurance Group, LLC has provided this summary of the Virginia Graeme Baker Act for your awareness. The summary may or may not identify your requirements as a pool or spa owner. If you own a pool or spa you are advised by TruePoint Insurance Group, LLC to refer your specific situation to legal counsel.

Barbers and Beauticians Professional Liability

Does your General Liability policy provide sufficient coverage? Many professions are adequately covered by the General Liability policy, however, there are some occupations that are require additional protection, which is only provided by a professional liability coverage. Hair and beauty salons would be one example.
Beautician’s offer a wide range of services which may include hair styling, dressing, arching, applying cosmetics, permanent waving, shampooing, tweezing, facials, trimming, tinting, plucking, bleaching and dyeing, manicures, hair tinting, waxing or applying depilatories, and pedicures. Services at many salons have expanded and today’s beauticians are exposed to an even higher level of risk as they cross into the realm of medical and even surgical procedures.
Current operations may involve tasks such as:
Botox injectionLiposuctionMedispasDermabrasionLaser Treatments
Serving customers may result in losses such as scalp injuries, severe damage to hair, burns, cuts, spinal or joint injuries, and scarring, none of which are covered by a general liability policy. It is critical to acquire the protection of a barbers and beauticians (or cosmetologists) professional liability policy.
Many traditional services are covered under professional liability policies. However, such policies are not standardized and vary significantly from one carrier to another. It is important that your review each company’s application and policy forms reading each carefully to determine what services are covered.
Cosmetologists are required to carry a state license and a minimum amount of training and experience in order to perform their jobs. Barbers and Beautician Professional liability policies require that all insured persons maintain a valid license or certification. Typical coverage includes injuries to persons or to property that is related to the applicable beauty or barbershop operation. There is also coverage for harm connected to application of preparations that are bought at a shop or salon and then are used at customers’ homes. Coverage does NOT apply to preparations made BY the insured.
Barbers and Beauticians professional liability forms don’t protect against losses involving plastic surgery; removal of warts, moles or other growths; use of radiation for the removal of hair; body massage other than facial or scalp massage; sun-tanning treatment or piercing body parts. However, coverage for some services may be added for additional charges.
An insurance professional is the person to talk to when you want to make sure that making the public more beautiful doesn’t include the chance of ugly, uninsured losses.
TruePoint Insurance Group, LLC
6287 Taylorsville Rd.
Fisherville, KY 40023
(888) 706-5423

Garage Liability Coverage

Regardless of what business you’re in, it is pretty much a given, that general liability coverage will be an essential component of your risk management plan. Commercial General Liability (CGL) protects your business against claims for bodily injury or property damages that you, your employees or your products have caused. It also provides coverage for claims relating to slander and false advertising. The CGL Policy comes with many exclusions and certain professions demand policies that are created specifically for the unique exposures that they face. Automobiles (auto liability is covered under the Commercial Auto Policy) and Professional Liability are just a couple of examples of exclusions. Mechanics, auto body repair shops and any other business that handles customers vehicles need an additional endorsement know as Garage Liability.
Vehicles not owned by the insured are not covered by either the CGL or the Commercial Auto Policy. The Garage Liability Policy fills this gap and provides the insured with coverage for incidents that occur on the premises. It is important to remember that this coverage does not extend beyond the place of business.
Garage Liability is often confused with Garage Keepers and vice versa. earlier we note that Garage Liability covered on-site incidents. If your business needs to provide coverage when test driving a customers vehicle, the Garage Keepers Liability Coverage would be required. For more information regarding Garage Keepers Coverage forms and options see…TruePoint’s on target review of Garage Keepers Coverage.
Clear As Mud
Don’t feel bad if you’re feeling a little confused. Many in the insurance industry have trouble with this topic. Who needs Garage Liability, who needs Garage Keepers and who needs both…CAN YOU HAVE BOTH?
If your business falls into one of the following classes you it is highly likely that you should have one if not both of the Garage coverages:
Sampling of business that require Garage Coverages
Gas Stations
Auto Mechanics
Auto Dealerships
Car Wash
Farm Equipment Dealers
Auto Body Shops
Parking Lots
Valet Parking
Mobile Auto Service
Tire Dealers
Driveway Contractors
Towing
ATV Sales & Service
…….and many more auto related industries
TruePoint Insurance Group, LLC
6287 Taylorsville Rd.
Fisherville, KY 40023
(888) 706-5423