Summary Analysis of the
Virginia Graeme Baker Pool and Spa Safety Act

The Virginia Graeme Baker Pool and Spa Safety Act (Act) 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).

1. Mandatory Federal Requirements for Entrapment Avoidance. By
December 19, 2008, the Act requires:

• Safety Drain Covers. Each swimming pool or spa drain cover
manufactured, distributed, or entered into commerce in the United
States shall 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, shall be equipped with drain covers conforming
to the ASME/ANSI A112.19.8 - 2007 Standard described above.

• Public Pool Drain Systems. Each public pool and spa (pump) with a
single main drain, other than an unblockable drain, shall be equipped
with 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. In
addition to a compliant drain cover, such additional devices or systems
include a safety vacuum release system (SVRS), or suction limiting
vent system, or gravity drainage system, or automatic pump shutoff
system, or drain disablement, or other system determined by the
CPSC to be equally effective in preventing suction entrapment.

ANSI/APSP-7 Standard Exceeds Federal Requirements. All pools and spas
configured to comply with ANSI/APSP–7 American National Standard for
Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot
Tubs, and Catch Basins will comply with each of these mandatory
requirements.

2. 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. The enclosure of all outdoor residential pools and spas by
barriers to entry that will effectively prevent small children from gaining
unsupervised and unfettered access;
• Suction Entrapment Avoidance.

New. Each pool and spa built more than one year after
enactment of the state statute shall employ one of the following:
? The installation of more than one safety drain per suction
system, or
? The installation of one or more unblockable drains, or
? No drains.

Existing. In addition to a compliant drain cover, each pool or spa
with a single main drain, other than an unblockable drain, shall be
equipped with one or more of the following safety options — a safety
vacuum release system (SVRS), or suction limiting vent system, or
gravity drainage system, or automatic pump shut-off system, or
drain disablement, or other system determined by the CPSC to be
equally effective in preventing suction entrapment.

• Funding. 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.

ANSI/APSP-7 Standard Exceeds Federal Requirements. All pools and spas
configured to comply with the ANSI/APSP-7 Standard will conform to these
provisions and any state that adopts the 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.

3. Public Safety Education: The Act requires the CPSC to establish and carry
out a public education program on methods to prevent drowning and entrapment
in pools and spas. $5 million is authorized to be appropriated for each of the
fiscal years 2008-2012 to carry out the education program.

Info Source: WWW.TheAPSP.org

FREQUENTLY ASKED QUESTIONS
ABOUT THE FEDERAL POOL & SPA SAFETY ACT
(July 08)

Question #1: What do the mandatory provisions of the Federal Pool and
Spa Safety Act cover?

Answer: The federal mandates in the Act pertain to two issues:
1. The manufacture, import, and sale of suction outlet fittings
(drain fittings and covers) and
2. Entrapment avoidance systems in public pools and spas.

Question #2: What do these provisions require?

Answer: The Act requires the following --
1. On or after 12/19/08, all suction outlet fittings and covers
made, imported, or sold in the U.S. must be certified to
comply with ASME/ANSI A 112.19.8, 2007 version.
2. As of 12/19/08, all public pools and spas, both new and
existing, be equipped with certified covers on every suction
outlet.
3. As of 12/19/08, every public pool and spa, new and existing,
that has a single outlet, other than an unblockable outlet,
must employ one or more of the following additional options:
• Safety vacuum release system (SVRS) that complies
with ANSI/ASME A112.19.17 or ASTM F2387; or
• Suction limiting vent system; or
• Gravity drainage system; or
• Automatic pump shut-off; or
• Drain disablement; or
• Equivalent system that may be approved by the CPSC.

Question #3: Does the suction outlet cover requirement in the Act apply
to pools and spas with dual or multiple drains?

Answer: Yes. Every drain in every public pool and spa must have a
compliant cover by the effective date. After 12/19/08 the pool or spa
cannot be open for use if the covers and system are not compliant.

Question #4: Will such covers be available in time to install before the
effective date?

Answer: Some manufacturers have assured the APSP that compliant
covers will be available in sufficient time to purchase and install. However,
the APSP cannot speak to every cover installed, especially covers of
unusual sizes and shape.

Question #5: How will I know which covers comply?

Answer: They will have the following embossed or permanently marked
in a location that is visible when installed:
Or, ”ASME A112.19. 8 2007” and, a flow rating “X GPM”, and “Life: X
Years”, and Manufacturer and Model.

Question #6: What if I cannot find the manufacturer or a compliant
replacement cover that fits?

Answer: The drain will require permanent disablement, or replacement
with a cover and mounting frame that is compliant.

Question #7: Is a skimmer considered a suction outlet?

Answer: No. The Act addresses only submerged suction outlets.

Question #8: Does the Act require SVRS devices on all public pools?

Answer: No. An SVRS is one of several options available to release a
high vacuum occurrence in a pool or spa with a single outlet. These
options are not required on pools or spas with multiple certified drains or
with a single unblockable drain and sump.

Question #9: What is an unblockable drain?

Answer: The Act defines an unblockable drain as a drain sump of “any
size or shape that a human body cannot sufficiently block to create a
suction entrapment issue.” The ANSI/APSP-7 2006 standard defines
unblockable as “of any size and shape such that a representation of the
torso of the 99 percentile adult male cannot sufficiently block it to the
extent that it creates a body suction entrapment hazard.” In other words,
the outlet must be such that a torso 18” x 23” with corners having a 4-inch
radius would not be able to sufficiently block the outlet. The standard also
allows for channel drains with a minimum open area 3” wide X 31” long.

Question #10: What is a safety vacuum release system (SVRS)?

Answer: The definition in the Act is as follows: “The term ‘safety vacuum
release system’ means a vacuum release system capable of providing
vacuum release at a suction outlet caused by a high vacuum occurrence
due to a suction outlet flow blockage.” SVRS devices must be certified to
ASME/ANSI A112.19.17 or ASTM 2387-04

Question #11: What is a gravity drainage system?

Answer: Gravity Drainage is a circulation system where the water flowing
from the pool/spa does not connect directly to the pump. The water drains
into a tank or basin open to atmosphere from which the pump pulls its
water for circulation back to the pool.

Question #12: What is a suction limiting vent system?

Answer: Suction-Limiting Vent System -- a pipe vented to the atmosphere
that connects to the suction pipe between the pool and the pump. When a
high vacuum event occurs, air from the vent pipe replaces the water in the
suction pipe thereby breaking the suction. The vent opening is protected
by a tamper resistant cover.

Question #13: What is an automatic pump shut-off?

Answer: Automatic Pump shut-off system -- a device or system that shuts
off the pump/motor when it senses a high vacuum occurrence that
includes but is not limited to some of the safety vacuum release devices
(SVRS) and load sensing motors.

Question #14: What is drain disablement?
Answer:
Existing Construction-
1. Fill with concrete, Glue in plug
2. Reverse flow, permanently disconnect from pool pump
suction (no valve to switch back)
3. Permanently disconnect suction outlet pipe from all
circulation systems
New Construction-
1. Not applicable -- the rest of the codes and standards do not
permit single blockable drain configurations.

Question #15: According to the Act, how far apart must multiple or dual
drains be?

Answer: The Act does not specify. The ANSI/APSP-7 2006 standard
requires that multiple drains or suction outlets be at least 3 feet apart,
measured from center of sump to center of sump. Or that suction outlets
be located on different planes.

Question #16: Does the Act apply to hot tubs?

Answer: Yes. Hot Tubs are considered “spas” for purposes of this act.

Question #17: Does the Act apply to residential pools and spas?

Answer: Yes. As of 12/19/08, it will be against federal law to make,
import, or sell a suction outlet fitting and cover that does not
comply with ASME/ANSI A112.19.8 -2007. Installation of a non
compliant cover in a customer’s pool or spa would be a violation
of that provision. The other federal mandates discussed above
apply only to public facilities.

Question #18: How does the Act define a “Public” pool or spa?

Answer: The term is defined broadly and includes --
1. any facility open to the public whether free or for a fee
2. multiple family residential facilities
3. hotels or other public accommodations
4. facilities operated by the federal government for the military,
their dependents, or for any federal agency or department

Question #19: How do these Federal provisions or mandates compare with
ANSI/APSP-7?

Answer: Each of the above provisions is entirely consistent with
ANSI/APSP-7. Pools and spas built or retrofitted to comply with this
standard will also comply with the Act.

Question #20: Does ANSI/APSP-7 require a pool to be closed to swimmers
if the cover is not ASME compliant?

Answer: The standard requires ASME approved covers. Non-compliant
covers and systems should be addressed. If a cover is broken, damaged,
not secure or missing, the standard requires that the pool or spa be
immediately closed to bathers.

Question #21: What is the penalty for not complying with these
provisions?

Answer: That has yet to be determined by the CPSC.

Question #22: How else does this Act affect residential pools and spas?

Answer: That is also yet to be determined. The CPSC is charged with
creating “minimum state law requirements,” pertaining to entrapment
protection and barriers to prevent drowning. Any state that enacts laws
that meet or exceed those requirements will be eligible for grant money
from the CPSC. The Act provides guidelines and instructions to the
CPSC in creating those “minimum state law requirements.” With regard to
entrapment, these guidelines and instructions are entirely consistent with
ANSI/APSP-7. With regard to barriers, these guidelines and instructions
are consistent with the “Layers or Protection” approach endorsed by the
APSP and found in our literature.

Question #23: What else should I do about entrapment protection in
residential pools?

Answer: All residential pools and spas and hot tubs should be built and
maintained in accordance with applicable state and local law and
ANSI/APSP-7.

Question #24: What should I do about barriers in public and residential
pools and spas?

Answer: All pools and spas and hot tubs should be protected in
accordance with applicable state and local law and the ANSI/APSP-8
Model Barrier Code.

Question #25: What are the legal responsibilities of builders, renovators, and
service professionals under the ACT?

Answer: These are not specified by the Act. Also, as a non-profit
membership organization, APSP is not able to provide legal advice or to
provide guidance for each and every situation. Pool and spa
professionals should consult with their own legal counsel with regard to
any questions of law or interpretation of the Act.

IMPORTANT NOTE:
The above information is intended to provide important technical information with
regard to the recent Pool and Spa Safety Act. It is not intended as legal advice.
As a non-profit membership organization, APSP is not able to provide legal
advice. Pool and spa professionals should consult with their own legal counsel
with regard to any questions of law or interpretation of the Act or any other
federal or state law, regulation, code or ordinance.
The APSP is not responsible for any liability or damages that in any way is
alleged to have resulted from the above questions and answers.

Source:WWW.TheAPSP.org

I would like to exchange information on how everyone is dealing with the new Federal Anti-Entrapment legislation. 

I think it would be great if we could conduct this forum in the public area so we can invite Federal regulators, health dept. officials, SVRS manufacturers, the APSP, the CPSC, PPOA, safekids.org, Pentair, etc etc, to comment, lend support and technical advice.

This is a complicated issue with different interpretations from state to state. We do commercial pool maintenance in Las Vegas and have installed two different SVRS systems so far. A simple SVRS system on a single drain pool with a single pump is a 20 minute install. Figuring out how to install SVRS on a system with remote timers, jet pumps and high vacuum is a different story and to have a place where we could share experiences and solutions will be key in getting through this as we approach the December 19th deadline.

(Moderators/ASAPP: How do you feel about hosting this topic and inviting the above mentioned entities to participate? I would think it would be a great way to jump start this board and garner attention for ASAPP)

hi I got my own website up: http://www.swimming-pool-information.com

Welcome to the new ASAPP private website for members only.

If you are already a member of ASAPP, please register.

Only current members, in good standing,  will be approved.