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On Dec. 20, 2008, the Virginia Graeme Baker Pool and Spa Safety Act officially went into effect. The Act was passed to reduce the number of injuries and deaths attributed to unsafe drain covers. Children and adults nationwide have experienced life threatening injuries or have been killed by mechanical (necklace), hair, limb, body suction entrapments, or suffered evisceration or disembowelment, simply because drain covers were not designed properly.
The law is named for the granddaughter of former Secretary of State James A. Baker, III, who joined Graeme's mother, Nancy Baker, and Safe Kids USA in a three-year advocacy campaign for the legislation. In 2002 at the age of 7, Graeme Baker died in a spa after the powerful suction of a drain entrapped her under water.
Most of the Act is of concern to the pool and spa builder. However there are several points you should know so you are protected. These include:
- Safety Drain Covers that meet ANSI/ASME requirements must be used on all pools beginning Dec. 20, 2008.
- Reputable pool builders have been using ANSI approved covers for the last 6 months. So, brand new pool owners should be OK.
- Pools built in the last year have drain covers that can be retrofitted for the new ANSI approved covers. These can be easily replaced and be compliant.
- Drain covers have a life expectancy. Covers only last a maximum of 7 years.
- So, a pool that has not had significant maintenance that included a drain cover replacement should be checked.
- Additionally, pool owners with the new covers should plan to have their covers replaced in 5-7 years, depending on the life expectancy indicated on the cover.
- Your drain covers should be at least three feet apart, from edge to edge. If you have a single main drain, or if your covers are too close together, install a "Suction Valve Release system." This system monitors the water flow, and if a vacuum occurs, such as when a child covers the drain with their stomach or backside, the system automatically shuts off so the vacuum is released.
- Ultimately, pool and spa owners may have a professional check out existing covers to determine compliance.
- If using a public pool, parents should:
- Ensure the pool or spa has a multiple main drains. This will ensure the pressure will not be strong enough for suction entrapment.
- If the pool or spa has a single main drain, it must be equipped with one or more additional devices or systems to prevent suction entrapment. If you are not sure, ASK.
- Check the drain covers for damage.
- If you do not feel the drain covers are not compliant, do not let your children in the pool or spa.
Additional elements to the Act includes providing funds to states to hire and train enforcement personnel and educate pool construction, installation and service companies, pool owners and operators and other members of the public.
The Act also names the CPSC as the lead agency to establish and carry out a public education program on methods to prevent drowning and entrapment in pools and spas, including appropriations authorizations.
The Association of Pool and Spa Professionals have developed a summary of the Act. You may also learn more by visiting the GovTrack website.
Click here to view an 8 part video series, Guidance to Compliance with the VGB Act.
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