The Virginia Graeme Baker Pool and Spa Safety Act
Who she was, and what the act means to you
[Portions reprinted from www.cpsc.org]
On December 19, 2007, the President signed into law the Virginia Graeme Baker Pool
and Spa Safety Act, named after the daughter of Nancy Baker and the granddaughter of
former Secretary of State James Baker. Graeme Baker died in a tragic incident in June
2002 after 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.
There is an annual average of 283 drowning deaths (2003-2005) and 2,700 emergency
room-treated submersion injuries (2005-2007) involving children younger than 5 in pools
and spas. In addition, from 1997-2007, there were 74 reported incidents associated with
suction entrapment, including 9 deaths and 63 injuries. The new law is aimed at reducing
these deaths and injuries by making pools safer, securing the environment around them,
and educating consumers and industry on pool safety.
The Act specifies that on or after December 19, 2008, swimming pool and spa drain
covers available for purchase in the United States must meet specific performance
requirements. Additionally, public swimming pools, wading pools, spas and hot tubs
must meet requirements for installation of compliant drain covers. New drain covers
which meet the current standard are now beginning to make their way into the
marketplace. Additionally, in certain instances, public pools and spas must have
additional devices or systems designed to prevent suction entrapment.
U.S. Consumer Product Safety Commission (CPSC) staff has prepared this guidance
document that spells out the technical requirements of Section 1404 of the Act, along
with CPSC staff’s answers to certain enforcement and legal issues. This document takes
into account comments provided to CPSC during an open comment period in March
2008. Comments were provided by a member of the U.S. House of Representatives, state
government officials, pool industry representatives, safety equipment manufacturers and
representatives, consumer safety organizations, and others.
CPSC staff urges all public pool and spa owners/operators, state and local health and
safety officials, and those in the pool and spa industry to carefully review this document
as they work toward complying with Section 1404 of the Act prior to December 19,
2008.
For the complete interpretation, please visit The Consumer Product Safety Commission Website.
As a responsible, professional aquatics organization, Barber's Chemicals has made it our goal to ensure that we offer the most comprehensive solutions for our customers' varied needs in regard to this act. To that end, we:
- ...are in posession of the act, all codes, and interpretations of the same, and
- ...have thoroughly studied all of the above, and
- ...are in constant contact with industry leaders and other responsible companies looking for safe and economical solutions, and
- ...are in constant contact with state and local code regulators to educate and learn from these entities, and
- ...are prepared to offer you the following services:
- An in-depth study of your facility, including turnover rates, flow rates, flow velocities, plumbing configurations, sump compliance, cover compliance, secondary protection, electrical (yes, electrical) compliance, commonly overlooked "submerged suction outlets", and many other issues as they apply to this law.
- Certified SCUBA services that enable us to cost-effectively make a preliminary diagnosis, and in some cases enable us to provide complete compliance service without the need to drain the pool.
- Recommendations that address several options for compliance. You may be surprised to learn that there are solutions to problems that seem insurmountable. Our respected and respectful status in the industry has allowed us to learn from our peers, associations of professionals in the field every day addressing these issues.
- Sump alteration, sump disablement, and as a last resort sump replacement. Remember that the CPSC advocates "elimination" of risk over "mitigation".
- Plumbing alterations when required.
- Bonding solutions for compliance issues that require the use of stainless-steel equipment where no other non-conductive solution is available.
- A complete and up-to-date list of available covers. Contrary to popular belief, there are now very few drains and sumps that cannot be covered with compliant equipment.
We realize that this law creates a financial burden for you, especially in light of the economic recession we are all experiencing. However, our true goal is to make sure that every pool that can remain open, is equipped with the resources to stay open. Many pools that just 6 months ago had no cost-effective solution - and had decided to close their doors forever - may be pleasantly surprised to learn that solutions are now on the market. This includes the many YMCA's who have the famous "L" shaped drain covers!
Putting ourselves in our client's shoes, we feel that if you are going to spend any money at all towards compliance, that it would be an incredible disservice if you found yourselves only partially compliant because you hired a contractor who promised you a quick and cheap fix. There are some "quick and cheap" fixes available to some facilities, however please realize that compliance with this law and its associated codes is far more involved than installing an SVRS and/or changing your drain covers. For example, in most states, there are codes that prevent the use of an SVRS in a single-drain configuration that utilizes a hydrostatic release valve. However, the VGBA requires their use. (For the record, an SVRS is not required and will not function on multiple-drain configurations. Another important note is that Ohio Code prevents the disablement of skimmer and pool equalizers. However, the Federal codes treat these outlets with the same considerations as main drains, and therefore not only compliant covers, but compliant sumps would have to be installed in walls where they typically cannot be. In Pennsylvania and many other states these equalizers can simply be eliminated. This is something that is currently being reviewed in Ohio but no legislation changes have occurred.
We will not implement a solution that is not 100% compliant, if 100% compliance is possible. We have recently learned that not all contractors hold themselves to that standard. However, we will not commence work on your facility unless you have approved a fully compliant solution, and we also will not "take over" on another contractors work until we have approved the work ourselves. By the same standard, we will not guarantee compliance if you choose to use another contractor in conjunction with Barber's Chemicals. This is truly to protect both of us. We would rather not assume any liability for a job "half-done", nor leave that liability with you. Whatever monetary gains are possible from this approach are, in our opinion, unscrupulous and a disservice to you and your clients.
Please also understand that the time involved in gathering data and implementing a solution, and further researching equipment and providing quotes of this scope and detail is time consuming. While you might be accustomed to receiving more timely quotes for "staple" pool equipment, this equipment is an exception. We will do everything we can to be timely but will also not rush past a viable solution, so we beg of your patience on this matter.
We are pleased at the opportunity to assist you on every level of compliance with this act. Even if you ultimately choose not to work with Barber's Chemicals, we want to be sure that you are receiving correct information and a compliant solution. Please do not hesitate to contact us should you have any questions about your facility or any part of the act and its associated codes.
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