The VGB law was prompted by the death of 7-year-old Virginia Graeme Baker. The granddaughter of former Secretary of State James Baker was sucked into a spa drain in 2002. She drowned despite efforts to pry her free.


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 unblock able 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 unblock able drains, or No drains.
Existing. In addition to a compliant drain cover, each pool or spa
with a single main drain, other than an unblock able 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.

For more Information on VGB Act click on links below.






New Federal Law Clouds the Waters for Wichita Public Pools and Spa Owners
BY BECCY TANNER
The Wichita Eagle

The Wichita school district, along with other operators of public pools and spas, is working to comply with a new federal law that requires safe drain covers as of Dec. 19.
Confusion clouds a new federal law intended to making public swimming pools and spas safer for children. The law required pools to cover potentially dangerous drains by Dec. 19. But it may be months -- even a year -- before all pools comply.
A shortage of drain covers has created delays. And no one seems sure who will enforce the law in Kansas. A state office said the federal government would, but the federal office said the state would.
People who oversee Wichita city, school and YMCA pools say they are working to comply with the law. But it's not easy.
"There is no agency -- the state's not taking responsibility for enforcement. And, if the state's not doing it, neither is the city or the county jumping in there," said Doug Kupper, director of Wichita's Parks and Recreation Department. "There is no one who is following through to see this law has teeth. There's a lot of confusion."
The law was prompted by the death of 7-year-old Virginia Graeme Baker. The granddaughter of former Secretary of State James Baker was sucked into a spa drain in 2002. She drowned despite efforts to pry her free.
Other children also have died in drain suction accidents -- at least 33 nationwide between 1985 and 2004, according to Safe Kids Worldwide, in Washington, D.C.
"The vast majority of pool and spa operators have known for some time that there are hidden hazards at the bottom of pools," said Alan Korn, general counsel for Safe Kids. "It's very important public pool and spa operators take advantage of this safety device. It's just as important for parents to tell children not to play around drains."
Scrambling to comply
The rules apply to any pools or spas used by the public including municipal pools, and those at hotels, health clubs, apartment buildings and community centers.
Newer pools and spas should have hump-shaped drain covers rather than flat covers where a child could more easily become sucked into a drain. Pools with one drain are required to install a second drain system or external shut-off, which could prove costly.
The cost of drain covers can vary from $35 to $60 to $600 or more, depending on the pool, Korn said. Since there is no universal drain, a variety of factors can influence the price.
A delay in receiving the drain covers is frustrating some in charge of local pools.
"We are hearing the drains have to fit existing drains, and getting them ordered and fit and in place has created the backlog," said Shelly Conrady, YMCA communications director in Wichita.
"We are working with national guidelines and targeting the ones that are most likely to be harmful. There are no federal dollars to help support this."
One hot tub at the Central Y may have to be rebuilt and re-tiled, she said. The costs have yet to be determined.

Conrady said the Y would comply as soon as possible, but she did not know when that would be.

Wichita public school officials are trying to comply, said spokeswoman Susan Arensman.
"However, there are only a few vendors who sell those drains.... So we are waiting on the parts to arrive," she said.
Manufacturers have their own problems.
Bill Soukup's Commercial Pool & Spa Supplies Inc. in Maplewood, Minn., began designing a drain cover in June. But it wasn't ready to ship until Dec. 15, he said.
"People are afraid to act because the Consumer Product Safety Commission keeps changing its mind on what they are going to do," Soukup said. "They are vague and ambiguous... We'd like to ship the covers out, but if they don't comply, then we have to refund money. There has been a lot of miscommunication out there.
"Local health departments don't understand the regulations," he said. "Pool operators don't understand the regulations. There have been manufacturers that have already sold stuff that didn't comply, and now they are pulling products."
Who is inspecting?
Wichita city pools don't open until May, but Kupper said he thinks the city will be in compliance.

Aquasizers Pool Co.

4443 West Walker St.
Wichita , KS 67209
Phone:  316-264-7665
Fax:  316-260-7946
Email:  chad@aquasizers.com