January 9 , 2008

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APSP Plans Outreach Regarding Pool and Spa Safety Law

Now that the federal “Virginia Graeme Baker Pool and Spa Safety Act” (pool and spa safety act) has been signed into law (IC Dec 19, 2007), the APSP is developing communications plans for education and outreach about the provisions of the act to ensure the successful implementation of the act throughout the country. APSP is offering its technical assistance to the U.S. Consumer Product Safety Commission (CPSC), the lead agency in administering the grants provided by the program, and will meet with CPSC officials this month.

The new law establishes a grant program for the states to be administered by the U.S. Consumer Product Safety Commission (CPSC). To be eligible, state law would be required to adhere to the new law’s safety guidelines. Generally, the new law is directive, not mandatory, and it relies on state action for implementation. However, several provisions are now federally mandated. The law mandates that residential drain covers made or marketed as of December 19, 2008, shall be in conformance with anti-entrapment drain cover standards. Additionally on December 19, all public pools must be retrofitted with appropriate anti-entrapment drain covers.

In addition to working with officials at the federal and state levels, one of the APSP’s goals is to help interested organizations, including other nonprofit membership organizations, whose constituents have commercial pools and need help in getting factual and accurate information about the new requirements. APSP will help these organizations communicate to their members when and how to comply with the new drain cover requirements for commercial pools and what the anticipated cost will be. APSP is also providing media outreach about the provisions and impact of the new law and the requirements of the new ANSI/APSP-7 standard for suction entrapment avoidance.

The APSP communications plan will emphasize safety as a core APSP value and the protection of the public. A primary goal of the outreach efforts will be to engage the thousands of pool and spa builders at the local level and encourage them to apply the law. APSP will educate pool owners/operators about the ANSI/APSP-7 standard and the additional protections that it affords. If APSP members can assist in identifying key organizations whose members own and operate public pools, please provide that information to Carvin DiGiovanni or Jeanette Smith.

Highlights of New Federal Law
APSP fully supported the bill President Bush signed into law on December 19. The pool and spa safety act was included as Title XIV of HR 6, the omnibus energy bill. With minor modifications, the act is the same as the bill passed unanimously by the Senate in 2006, but narrowly failed in the House.

Entrapment Prevention. The entrapment guidelines in the new law are consistent with the new ANSI/APSP-7 American National Standard for Suction Entrapment Avoidance. The entrapment guidelines in the new law call for the use of several enumerated devices, including an SVRS device, vent line, or other comparable device on installations that have one single main drain, other than an unblockable drain. The law specifically exempts from these requirements installations that do not have a single main drain, such as those with more than one drain, or no drains.

Barriers. The new law calls for the enclosure of all residential pools and spas by barriers and, most important, it incorporates the APSP-endorsed “layers of protection” approach to barriers. The act recognized that “one size does not fit all” and that safety is promoted only if homeowners “own into” and implement the layers of protection approach, including barriers, natural topography, gates, locks, door alarms, pool alarms, and covers.