No one should be electrocuted in a fountain. Inspections can prevent that. | Editorial

In an ideal world, Nate Davenport would still be alive after spending an enjoyable Sunday afternoon with family and friends at Jupiter's Harbourside Place. In reality, he died of electrocution in the complex's fountain while trying to save his and a friend's children.

The onus, and most likely any civil liability, from this incident will fall squarely on the owners of the popular shopping, restaurant and entertainment complex; although a change in procedures by the state of Florida and local government officials could do more to prevent future incidents like this from occurring again.

Periodic inspections of public attractions on private property would add another layer of protection. Florida already has a law that requires annual inspections of elevators and escalators by certified inspectors. State legislators could easily tweak that law to include electrical wiring and lighting fixtures in public fountains, and county and municipal government agencies that have the responsibility of enforcing state building codes should be given the resources to do so.

More: Harbourside Place hasn't decided whether to repair or demolish fountain where dad died

Harbourside Place fountain electrocution preventable

At the moment though, the fallout from the electrocution flips between mourning and damage control. The incident has shut down the water attraction and cast a pall over the entertainment area. Jupiter police said the devastating incident "appeared to be accidental," and that it lacks any probable cause to warrant criminal charges.

"This is a tragedy. Our focus is on the people involved and their families," Nick Mastroianni, Harbourside Place's developer and chief executive said in a statement released shortly after the tragic incident. "We ask the community to join us in praying for them."

It's Harbourside's responsibility to maintain a safe environment for its patrons and clearly that didn't happen. They posted signs warning patrons to stay out of the fountain but that's a hard sell to youngsters already playing in the waters of the adjacent splash pads, who see the fountain as nothing more than another source of refreshing entertainment.

News that other Harbourside Place patrons had felt electric shocks and saw exposed wiring in the fountain three months before Davenport's death certainly didn't help the complex. Neither did statements about broken lights from one of the youngsters rescued from the fountain, or the fact that the firm that built the fountain and splash pads had never serviced them since the warranty expired more than five years ago.

In response to the tragedy, the town's Building Department declared the fountain unsafe and ordered it to be either fixed or destroyed. The response was appropriate but tragically late. It shouldn't take a fatal accident to get the building department's attention. A change that allows for periodic inspections could make a big difference.

Fountain death casts pall over Jupiter

Harbourside Place is the embodiment of Jupiter's recent growth and of the popularity of northern Palm Beach County. Wedged between U.S. 1, Indiantown Road and the Intracoastal Waterway, the site provides a scenic destination containing shops and restaurants, a waterfront amphitheater and a luxury hotel. It's arguably the closest thing that Jupiter has to a downtown entertainment setting, and draws its share of traffic.

It was busy on that Oct. 22 weekend, too, when the 45-year-old Davenport, a friend and four of their children docked their boat for lunch at one of the venue's restaurants. The children began playing in the splash zone but apparently climbed into the fountain. One lost consciousness, another screamed from the shock, prompting Davenport to jump in to rescue them.

The fountain and splash-pad are now shut down, and the owners of Harbourside Place are conducting their own internal probe, despite the indications from the town's inspection and statements made by witnesses to the Jupiter police that the fountain's electrical system was unsafe.

“Harbourside Place management took immediate action to close the fountain and will keep it closed indefinitely pending the results of a comprehensive investigation,” the owners said in a statement shortly after the incident. “Harbourside Place is dedicated to being a family-friendly destination, and we are resolved to uphold this promise.”

A little routine maintenance and periodic inspections will make that pledge good.

This article originally appeared on Palm Beach Post: People shouldn't die in public fountains. Periodic inspections