August 2008 Issue

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The Virginia Graeme Baker Pool and Spa Safety Act

The Virginia Graeme Baker Pool and Spa Safety Act is a new federal law that promotes the safe use of pools, spas and hot tubs by imposing mandatory federal requirements for suction entrapment avoidance and by establishing a voluntary grant program for states with laws that meet certain minimum requirements as outlined in the Act. Effective December 19, 2008, the Act is being administered by the U.S. Consumer Product Safety Commission (CPSC).

The Association of Pool and Spa Professionals (APSP) has developed numerous guidance documents and resources to understand this new law and its requirements and provisions, including a summary of the act and frequently asked questions. All of the reference guides are posted on the APSP website at: http://www.apsp.org/32/index.aspx.  These are available free of charge.

Federal Mandates for Public Pools and Spas
By December 19, 2008, the Act requires that all U.S. public pools and spas install entrapment avoidance devices. The definition of public pools and spas includes (1) facilities open generally to the public; (2) facilities open exclusively to members of an organization, residents of multi-family housing (e.g., apartment buildings and real estate developments), pools/spas at hotels and other public accommodations; and (3) pools operated by the federal government for members of the Armed Forces.

•           Safety Drain Covers. Each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the U.S. on or after December 19, 2008 must conform to the American National Standard ASME A112.19.8 - 2007 Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs, published by the American Society of Mechanical Engineers (ASME). Compliance with this Standard will be enforced by the CPSC as a consumer product safety rule.

•           Public Pool Drain Covers. Each public pool and spa (as defined), both new and existing, must be equipped with drain covers conforming to the ASME/ANSI A112.19.8 - 2007 Standard described above.

•           Public Pool/Spa Single Drain Systems. Each public pool and spa (pump) with a single main drain, other than an unblockable drain, must be equipped with a compliant safety cover and one or more additional devices or systems designed to prevent suction entrapment that meet the requirements of any applicable ASME/ANSI Standard or applicable consumer product safety rule including a safety vacuum release system (SVRS), a suction limiting vent system, a gravity drainage system, an automatic pump shutoff system, a drain disablement, or another system determined by the CPSC to be equally effective in preventing suction entrapment. 

Voluntary Grant Program for States
The CPSC will also establish and administer a grant program for eligible states. A sum of $2 million is authorized to be appropriated to the CPSC for each of the fiscal years 2009 and 2010. In order to be eligible for a grant, a state must impose certain requirements by statute, including barriers and suction entrapment avoidance. The grant program directs state recipients to use grant funding to hire and train enforcement personnel and educate pool companies, pool owners and operators, and other members of the public about the standards contained in the Act and about the prevention of drowning or entrapment of children.  

All pools and spas configured to comply with the ANSI/APSP-7 2006 Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins will conform to the provisions of the Virginia Graeme Baker Pool and Spa Safety Act and any state that adopts the ANSI/APSP-7 Standard will meet the Act’s minimum state requirements. This ANSI/APSP-7 Standard is the only comprehensive approach to engineering swimming pools and spas to avoid all five suction entrapment hazards: hair entrapment, limb entrapment, body suction entrapment, evisceration/disembowelment, and mechanical entrapment. The design requirements and construction practices in this Standard are based upon sound engineering principles, research, and field experience that, when applied properly, provide for a safe installation that exceeds the requirements of the Act.

© 2008 by The Association of Pool & Spa Professionals. All rights reserved. No part of this publication may be reproduced or transmitted without written permission.