The Virginia Graeme Baker Pool And Spa Safety Act was named after the daughter of Nancy and James Baker and the granddaughter of former Secretary of State James Baker III. Graeme Baker died in a tragic incident in June 2002 when the suction from a spa drain entrapped her under the water. This Act was first introduced by Rep. Debbie Wasserman Schultz (FL) and was supported by the Baker family and Safe Kids Worldwide.
Entrapment
Consumer Product Safety Commission staff began investigating reported incidents of swimming pool/spa suction entrapment incidents in the 1970s. Such incidents included entrapment of hair, body, limb, evisceration or disembowelment and mechanical entrapment of jewelry or bathing suits. From 1999-2007 for all age categories records were examined. In 2007, for all age categories, there were 74 reports of circulation entrapments. Individuals in the 5-9 year-old category had the highest frequency of entrapment reports.
VGBA Goals
The goals of the VGBA were fourfold: to enhance the safety of public and private pools and spas; to reduce child drownings (283 each year involving children younger than 5); to reduce the number of suction entrapment incidents, injuries and deaths;to educate the public on the importance of constant supervision of children in and around constant supervision of children in and around water.
Naysayers would argue a fifth goal was to support the swimming pool construction companies, since the retrofits are extremely expensive and the money could be more effectively spent on a number of other programs, such as subsidized swimming lessons to decrease the rates of drowning.
Federal Requirements
The Federal requirements preempts any state or local law, as of Dec. 19, 2008 .
Sec. 1404: Top Priority for Public Pool And Spa Owners/OperatorsAll pool/spa drain covers manufactured, distributed or entered into commerce on or after December 19, 2008 must meet ASME/ANSI A112.19.8– 2007. All public pools and spas must be retrofitted with covers that meet the ASME/ANSI A112.19.8– 2007 standard. All public pools and spas that have a single drain other than an unblockable drain must employ one or more additional options.
Sec. 1406: voluntary state grant program for residential poolsPENALTY for NON-COMPLIANCE is up to a 1.8 million dollar fine.
Compliant drain covers
The VGBA requires all drain covers to comply with ASME A112.19.8 – 2007 in one of two ways. Manufactured products require testing and certification by “Nationally Recognized Laboratory” and need to be marked with “VGB 2008” or, “ASME A112.19.8 – 2007” or, this symbol XXX (symbol missing) Compliance may also be satisfied with one of a kind “Field Fabricated Outlets” that may be on-site “Certified” by “Registered Design Professional” as complying with all requirements of ASME A112.19.8 – 2007. Field Fabricated Outlets are field built and must be larger than 18” x 23” to qualify for Certification by a Registered Design Professional
Drain covers and sumps
The PSSA requires a safe & secure connection between the cover and sump. The CPSC is aware of the potentially enormous remodeling costs and will allow a new, compliant cover that fits securely into a pre-existing sump if flow rates are controlled. If a certified professional identifies the presence of a high flow rate, poor connection, or other problems, then CPSC will require adjustments/repairs or installation of a new, certified sump to installation of a new, certified sump to match the new cover.
For two or more drains ≥ 36” apartThe drain cover flow rating must be higher than the maximum system flow rate. The new drain cover should be based on 100% pump flow through drain system. There should be no skimmers or overflow systems operating. Each cover requires a flow rating equal to or greater than the maximum system flow, unless there are three or more drain covers piped in together without valves. In all cases, to determine required cover flow rating, the assumption is that one is completely blocked and the combined flow rating of all unblocked covers is used.
Single suction "System update" options
Pools/spas that operate off of a single main drain (other than an unblockable drain) must add one or more of the following options: a Safety Vacuum Release System (SVRS); a suction-limiting vent system; a gravity drainage system; an automatic pump shut; a disabled drain; any other system determined by the Commission to be equally effective as or better than the others listed above.
Single suction "System update" alternatives
For single suction systems, alternative ways to meet the requirements of the act are to permanently disable the “single-drain”, convert “single-drain’ system into a “dual-drain” system, convert a “Blockable,” single-drain system into an “Unblockable” single-drain system or to consult ANSI/APSP 7 for design details.
Suction fittings requirements Suction Fittings include Cover, Frame/Sump, Hardware and Fastening System. The existing frames, sumps, and fasteners must meet ASME A112.19.8 – 2007 standard, or be replaced. Field built sumps (cover and frame not connected to pipe) must comply with cover manufacture’s instructions. When cover manufacturer’s instructions do not include compatible sump details, ASME A.112.19.8 – 2007 Standard is to be followed.
If the cover manufacturer does not provide instructions for sumps, it is best to contact a Pool Maintenance Company who can advise if the operator will need a Certified Design Professional. The replacements needed will depend upon the plumbing in place. If there are two or More Drains ≥ 36” Apart drain covers should be replaced with a proper flow rated ASME/ANSI A112.19.8 cover. If there is a single outlet a “Single Suction” update should be performed. If the pool has a vacuum fitting a fitting Lid Tested to: IAPMO – SPS 4 standard should be installed or replaced.
Critical recommendation
A pool contractor should verify that the pool and / or spa is in compliance with the federally mandated Virginia Graeme Baker Pool & Spa Safety Act which takes effect December 19, 2008. If the pool is not in compliance, the necessary steps should be taken to comply with the Virginia Graeme Baker Pool & Spa Safety Act.
Virginia Graeme Baker Pool & Spa Safety Act: All public pools and spas, both new and existing, shall be equipped with drain covers compliant with ASME/ANSI A112.19.8 2007 standard.
In addition, all public pools and spas with a SINGLE MAIN DRAIN, other than an un-blockable drain, shall also employ one or more of the following devices: separated drain system per ANSI/APSP 7, safety vacuum release system (SVRS) that complies with ANSI/ASME A112.19.17 or ASTM F2387; suction-limiting vent system; gravity drainage system; automatic pump shutoff; drain disablement; equivalent system determined by the CPSC.
The definition of un-blockable drain in the Act is a “drain sump of any size or shape that a human body cannot sufficiently block to create a suction entrapment issue.”
Link to the Act: Title XIV -- Pool and Spa Safety Act
References
CONSUMER PRODUCT SAFETY COMMISSION (HTTP://WWW.CPSC.GOV/) •CPSC Enforcement Position •Presentation on Drowning Prevention, Entrapment Prevention & Pool and Spa Safety Act (pdf) •Manufacturers of ASME/ANSI A112.19.8-2007 Approved Drain Covers for Pools and Spas, and ASME/ANSI A112.19.17 or ASTM F2387 Approved Safety Vacuum Release Systems •CPSC Staff's Guide to Complying with the Law, October 2008 (pdf) •CPSC Staff Interpretation of Section 1404 of the Virginia Graeme Baker Pool and Spa Safety Act, June 18, 2008 (pdf) •CPSC General Counsel letter to the Florida Department of Health, May 6, 2008 (pdf) •Public Comment Period •CPSC Staff Draft Technical Guidance on Section 1406 on Minimum State Requirements for Grant Program* Public Comment Period •Public Comments Received (pdf) THE ASSOCIATION OF POOL & SPA PROFESSIONALS (http://www.apsp.org) •ANSI/APSP-7 Fact Sheet •ANSI/APSP-7 field checklist for identifying suction entrapment hazards •Web Seminar on Virginia Graeme Baker Act •Compliance brochure for Virginia Graeme Baker Act
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