RICHMOND, Va. — The Virginia Department of Health says a new law taking effect July 1 will bring new safety requirements to public aquatic facilities across the commonwealth — a change that comes as state data shows 97 children ages 0 to 18 have died from accidental drownings in Virginia since 2021, with last year being the deadliest on record.
Twenty-seven children died from accidental drownings in Virginia last year.
The new law, House Bill 222, will require public aquatic facilities to meet standards related to maintenance and safety, safety equipment, facility staffing and incident response. The specific requirements are still being developed by a workgroup that includes representatives from the Virginia Department of Health, other state agencies, and representatives from the pool industry.
The legislation comes as the family of King Overton continues to wait for answers about what happened at his SwimRVA swim camp on June 15, when he drowned.
Watch: Family wants answers after 9-year-old drowns, SwimRVA-North remains closed
Keila Bellamy, a family friend, described King's last conversation with his mother before he was dropped off that morning.
"When she dropped him off that morning, he said, 'Mommy, I'm going to go in the four feet,' and she said, 'No you're not, you don't know how to swim,' and the worker at SwimRVA said to her, 'Well, he's in the right place, don't you worry,'" Bellamy said.
King's aunt, Cherry Stone, said the family needs accountability.
"We need to know what happened," Stone said. "They were supposed to protect him and watch him."
Virginia does not have specific requirements for child-to-adult ratios or swimming instructor certification for summer swim camps. Unless a program that offers swimming is licensed, it does not have to follow any state-mandated ratios or staff qualification standards. The Virginia Department of Education said SwimRVA is not licensed.
Henrico County
Child's drowning raises concerns about Virginia's lack of swim camp safety rules
Briana Bill, an environmental health coordinator at VDH who manages the agency's public pool program, said HB 222 will apply to SwimRVA and similar swim schools and camps.
"Yes, to my understanding, anything that would be considered a public aquatic venue would be subject to those regulations under the authority of the Code of Virginia," Bill said.
Bill said staff-to-child ratios are among the topics that could be addressed in the new regulations.
"That's definitely something that could be on the table, and talked about. I'm not sure we've incorporated ratios into the conversation for public aquatic venues," Bill said.
When asked by CBS 6 whether she would raise the issue of ratios with the workgroup, Bill said it would be addressed.
"It'll be brought up, it'll most definitely be brought up to the work group," Bill said.
Delegate Patrick Hope, who sponsored HB 222, said Virginia's public aquatic safety laws had not been meaningfully updated in more than 30 years.
In a statement, Hope said:
"For over thirty years, Virginia's public safety laws regarding public pools and aquatic venues were stuck in the past. The Virginia Department of Health effectively had its hands tied, unable to legally enforce basic safety measures like ensuring a pool's water is clear enough to see a child struggling at the bottom, requiring lifesaving equipment on decks, or regulating increasingly popular children's splash pads where waterborne illness outbreaks occur.
Only a small handful of wealthy localities had the resources to pass local safety ordinances, leaving families in the rest of the Commonwealth completely unprotected. This wasn't just a regulatory gap; it was a profound health equity issue that put our most vulnerable children at risk.
I introduced this bill because every Virginian, regardless of their zip code, deserves to know that the public pool or water park they take their family to is safe, clean, and properly regulated. While former Governor Youngkin delayed this vital progress for four years by focusing on bureaucratic objections, I am deeply grateful to Governor Spanberger for prioritizing the lives of Virginia's children and signing HB 222 into law. Starting July 1, we are finally bringing our safety standards into the 21st century by utilizing national, science-backed guidance to protect our families."
Any proposed requirements under HB 222 will be made available for public comment. Virginia residents can also participate directly in the workgroup.
"If they want to be part of the development of it, then we would welcome you to join our stakeholder work group," Bill said. "This could be any citizen of the Commonwealth is allowed to join the work group."
They're changes VDH hopes will keep people safe and prevent future tragedies.
"King is loved, and he has a village, and the village is hurting right now. Please continue to support us and keep us in your prayers because in the days after, we're going to need it more than ever," Stone said.
Residents who want to participate in the development of the new regulations can visit VDH's Swim Healthy Virginia webpage.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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