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Is
Your Pool in compliance with the Federal
Virginia Graeme-Baker Pool and Spa
Safety Act that goes into effect on
December 19th 2008?
All public pools and spas in the United
States found to be non-compliant may
face up to $1.8 million in fines and
criminal penalties.
WASHINGTON
DC – On June 18, 2008, the Consumer
Product Safety Commission (CPSC)
released its guidance document that
outlines the technical requirements of
Section 1404 of the Federal Virginia
Graeme Baker Pool and Spa Safety Act,
along with CPSC staff responses to
enforcement and legal issues. This
Federal act preempts all state laws.
The Act was signed into law by the
President on December 19, 2007. Named
after the daughter of Nancy Baker and
the granddaughter of former Secretary of
State James Baker, Graeme died in a
tragic incident in June 2002 after the
suction from a spa drain entrapped her
underwater. This Act was first
introduced by Rep. Debbie
Wasserman-Schultz (FL) and was supported
by the Baker family and Safe Kids
Worldwide.
“The Virginia Graeme Baker Pool and Spa
Safety Act was a necessary step toward
eliminating the risk of entrapment in
pools and spas around the country,” said
Paul Pennington, founding member of the
Pool Safety Consortium.
“Unfortunately, there continues to be a
shocking number of child deaths and
injuries resulting from suction
entrapment. Therefore we must continue
to develop Federal and state legislation
in support of pool and spa safety.” The
Act required various layers of
protection, one of which included
anti-entrapment drain covers.
According to
the Act, public pools and spas,
including those with multiple drains, in
the U.S. must be equipped with
anti-entrapment drain covers compliant
with ASME/ANSI A112.19.8 performance
standards. Additionally, in an effort to
prevent hair entanglement, covers may
not have a suction/flow of more than 1.5
cubic feet per second. In addition to
the safety drain covers, public pools
and spas with a single main drain, other
than an unblockable drain, must be
equipped at a minimum with one
anti-entrapment device or system that
complies with the ASME/ANSI standard
112.19.17 or ASTM International standard
F2387, and any successor standards. If a
pool or spa is not currently equipped
with a compliant cover it must be
retrofitted by December 18, 2008.
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