The Virginia Graeme Baker Pool and Spa Safety Act
This information was prepared by the CPSC staff; it has not been approved
This
information
was
prepared
by
the
CPSC
staff;
it
has
not
been
approved
by and does not necessarily represent the views of the Commission.
Swimming pools should always be happy places but unfortunately,
each year many American families encounter pool tragedies
each
year
many
American
families
encounter
pool
tragedies
– drowning and submersion incidents. These tragedies are
preventable.
In 2010 the Commission released a report related to pool and spa
submersion incidents involving children under 5.
o Reported drowning deaths in this age group remained about
the same with yearly averages of 285 (2004-2006) to 299
(
2005-2007
)
.
(
)
Approximately 54 percent of the estimated injuries for 2007 – 2009
and 74 percent of the fatalities for 2005 – 2007 involving children
younger than fifteen occurred at a residence.
The CPSC staff estimates that each year nearly 300 hundred children under 5
years old drown in swimming pools, and hospital emergency room treatment is
required for more than 3,200 children under 5 years old who were submerged
iidtill
i
n res
id
en
ti
a
l
poo
l
s.
Are Kids Out of Sight? They Shouldn’t Be!
Supervision:
Never take your eyes off children in and around the water – not for a minute!
Barriers:
Fences, self-closing or self-latching gates, and secured doors with alarms help prevent
children from wandering into the pool area.
Avoid Entrapment:
Suction from a pool’s drain is so powerful it can trap an adult underwater. Do not use a
pool or spa with broken or missing drain covers. Ask your pool service professional if
your pool’s drains are compliant with the Pool & Spa Safety Act.
Learn to Swim:
Everyone should learn to swim and learn basic water safety tips.
Know How to Respond:
Get training in basic water rescue skills, first aid and CPR. Have rescue equipment and a
phone by the pool in case of emergency.
Barriers - Fencing or walls with self-closing or
lf
lhi i i i
se
lf
-
l
atc
hi
ng gates to restr
i
ct access to sw
i
mm
i
ng
pools and spas (See ASTM F1908-08 fence standard)
Door Alarms – To help prevent children’s
access to a pool from the house (See UL 1207)
Safety Covers – To help prevent direct access
to pools when they are not in use
(See ASTM F1346)
CPSC staff began investigating reported incidents of pool/spa suction
entrapment in the 1970s. Figures from 1999 to 2010 include
(see: http://www.cpsc.gov/library/foia/foia10/os/entrap10.pdf
):
97 reported entrapments
o 12 fatality reports
o 82 injury reports
3 no injury reports
3
no
injury
reports
Types of entrapment
Hair
Body
Li b
Li
m
b
Evisceration/disembowelment
Mechanical: Jewelry, bathing suits
The Virginia Graeme Baker Pool and Spa Safety Act was enacted to prevent the tragic
and hidden hazard of drain entrapments and eviscerations in pools and spas. The
law became effective on Dec.19, 2008. Under the law, all public pools and spas must
have ASME/ANSI A112.19.8 or successor standard compliant drain covers installed and
a second anti-entrapment system installed, when there is a single main drain (other
than an
unblockable
drain) or multiple drains that are less than 3 feet apart
than
an
unblockable
drain)
or
multiple
drains
that
are
less
than
3
feet
apart
.
Sec. 1404: Federal Swimming Pool and Spa Drain Cover Standard
TPiifPbliPlAdSO /O
T
op
P
r
i
or
i
ty
f
or
P
u
bli
c
P
oo
l
A
n
d
S
pa
O
wners
/O
perators
All pool/spa drain covers manufactured, distributed or entered into
commerce on or after December 19, 2008 must meet ASME/ANSI
A112 19 8
-
2007 or successor standard
A112
.
19
.
8
2007
or
successor
standard
All public pools/spas must be equipped with new ASME/ANSI A112.19.8-
2007 or successor standard compliant drain covers.
Pools/spas operating off of a single main drain, other than an unblockable
drain, must also add one or more of the following options:
- a safety vacuum release system (SVRS), or
- a suction-limiting vent system, or
d
- a gravity
d
rainage system, or
- an automatic pump shut-off system, or
- disable the drain, or
- any other system determined by the Commission to be equally
effective as or better than the others listed above
effective
as
or
better
than
the
others
listed
above
.
The Pool & Spa Safety Act, or VGB Act, requires each swimming pool or spa
drain cover manufactured distributed or entered into commerce in the United
drain
cover
manufactured
,
distributed
,
or
entered
into
commerce
in
the
United
States to conform to ANSI/ASME A112.19.8 performance standard,
or any
successor standard
.
The Consumer Product Safety Commission has voted unanimously (July 2011)
to approve ANSI/APSP-16 2011 as the successor standard to the ANSI/ASME
A112.19.8 drain cover standard mandated by the Virginia Graeme Baker Pool
and Spa Safety Act. The Commission determined the new standard,
ANSI/APSP-16 2011, was in the public interest, and incorporated this
standard into its regulations. This means that, effective September 6, 2011,
drain covers manufactured, distributed, or entered into commerce in the
United States must conform to the requirements of ANSI/APSP-16
2011. Until September 6, 2011, drain covers manufactured, distributed, or
entered into commerce in the United States must conform to the
requirements of ANSI/ASME A112.19-2007. Please note that, as detailed
more fully in the attached Federal Register Notice
, ANSI/APSP-16 2011 is
substantively identical to ANSI/ASME A112.19.8 and its two addenda.
The VGB Act states the term ‘‘public pool and spa’’ means a swimming pool or
spa that is
—
spa
that
is
(A) open to the public generally, whether for a fee or free of charge;
(B) open exclusively to—
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building, apartment complex,
residential real estate development, or other multifamily
residential area (other than a municipality, township, or other local
g
overnment
j
urisdiction
);
or
gj);
(iii) patrons of a hotel or other public accommodations facility; or
(C) operated by the Federal Government (or by a concessionaire on behalf of
the Federal Government) for the benefit of members of the Armed Forces
and their dependents or employees of any department or agency and
their dependents.
Q: Who is approving new drain cover designs?
A: As of January 30, 2009 third-party testing and certification is being conducted by
Underwriters Laboratories
,
the National Sanitation Foundation
,
and IAPMO (International
Association of Plumbing and Mechanical Officials).
Q: What is the proper marking on approved drain covers?
A: There is no requirement in the VGB Act for markings but the CPSC has asked
manufacturers to mark them “VGB 2008”. Covers are to display (per ASME standard) :
U
il lil
U
se – s
i
ng
l
e or mu
l
t
i
p
l
e
Flow rate GPM
“Life” (number of years)
Wall and/or floor mount
Manufacturer
’
sname
Manufacturer s
name
Model number
Drain covers made during a short period in the summer of 2008 used the ASME symbol
and/or the “ASME/ANSI A112.19.8-2007” mark. For a short period in the late summer
and early fall of 2008, no marking was placed on drain covers made to comply with the
d d Si N b 12 2008 l d d i h ld h h “VGB
stan
d
ar
d
.
Si
nce
N
ovem
b
er
12
,
2008
, new
l
y ma
d
e
d
ra
i
n covers s
h
ou
ld
h
ave t
h
e
“VGB
2008” marking. The drain cover manufacturer should provide a certification document
with each drain cover stating that it complies with the requirements of the VGB Act. If
there is no mark or you are otherwise in doubt, contact the manufacturer and ask for a
copy of the certificate. Also keep a record of where and when you purchased the cover.
Q: What types of drain covers are available for purchase?
A: A wide variety of drain covers have already been certified to
A:
A
wide
variety
of
drain
covers
have
already
been
certified
to
ASME/ANSI A112.19.8-2007 and are available for sale.
All drain covers must be com
p
liant with the ASME
/
ANSI A112.19.8-
p/
2007 or the ANSI/APSP-16 2011 successor standard. You can
either have your older covers tested to the standard to determine if
they comply or you can replace your covers with new compliant
drain covers
If your covers are field fabricated then a Registered
drain
covers
.
If
your
covers
are
field
fabricated
,
then
a
Registered
Design Professional or a licensed professional engineer (PE) can
specify that your covers meet the ASME/ANSI A112.19.8-2007 or
successor standard ANSI/APSP-16 2011 (see slide 7).
For residential pools, CPSC staff recommends replacing the
d i ith ASME/ANSI A112 19 8
2007
d
ra
i
n cover w
ith
an
ASME/ANSI
A112
.
19
.
8
-
2007
or
ANSI/APSP-16 2011 successor Compliant cover, but it is not
required for residential pools under the VGB Act.
Pursuant to section 1404(b) of the Act, all drain covers
manufactured, distributed or entered into commerce in the
U.S. shall be ASME/ANSI A112.19.8 or ANSI/APSP-16 2011
successor standard compliant. This is a consideration for all
pools, even residential pools, since noncompliant drain
covers are not permitted to be imported, manufactured,
distributed or sold in the U.S. after December 19, 2008.
Oversized or Unblockable Covers
Q . Can an unblockable drain cover be placed on top of an existing outlet?
O S b 28 2011 C SC d
bl k bl
l
A
.
O
n
S
eptem
b
er
28
,
2011
,
CPSC
vote
d
to
i
nterpret an un
bl
oc
k
a
bl
epoo
l
or
spa drain based on the size of the sump (what’s under the cover) and not the
size of the drain cover used over the sump/outlet pipe. Therefore placing an
unblockable cover over a blockable size sump WILL NOT render that drain
bl k bl
A
bl k bl
bliihh
ASME/ANSI
un
bl
oc
k
a
bl
e.
A
ny un
bl
oc
k
a
bl
e cover must
b
e comp
li
ant w
i
t
h
t
h
e
ASME/ANSI
A112.19.8-2007 or ANSI/APSP-16 2011 standard and must be secured as
directed by the manufacturer. Single main drains of a
blockable
size need to
be equipped with one of six secondary anti-entrapment devices or systems.
Q. We have pool designers specifying the larger metal covers to be installed
over a small sump. Do you know if these are approved in that fashion?
A
This configuration is no longer allowed since the Commission revoked the
A
.
This
configuration
is
no
longer
allowed
since
the
Commission
revoked
the
interpretative rule, effective 10/11/2011…pools/spas incorporating this
configuration will need to add a secondary anti-entrapment device as
described in the Act.
Custom Drain Covers
To certify field fabricated covers the PE should obtain the ANSI/APSP
-
16
To
certify
field
fabricated
covers
,
the
PE
should
obtain
the
ANSI/APSP
-
16
2011 standard and ensure that the fabricated covers meet all the
performance requirements of the standard. C
overs must meet the
standard, or be certified as meeting the standard by licensed party.
Field Fabricated Drain Covers
Should be designed by a licensed professional engineer (PE) to meet all
the re
q
uirements of the standard (flow rate, entra
p
ment considerations,
qp
structural integrity, etc.) and then fabricated.
A pre-2007 anti-vortex drain cover can be tested to determine if it
meets the ASME/ANSI A112.19.8
-
2007 or ANSI/APSP
-
16 2011
meets
the
ASME/ANSI
A112.19.8
2007
or
ANSI/APSP
16
2011
standard. The UV test and the performance requirements regarding hair
entrapment testing in the 2007 version of the standard are more
stringent. (More stringent hair entrapment testing --using a full head of
hair
may down
rate the cover for flow )
hair
--
may
down
-
rate
the
cover
for
flow
.
)
Approved flow rates are determined by drain cover manufacturers, but some
State standards require that the water velocity through grates not
State
standards
require
that
the
water
velocity
through
grates
not
exceed 1.5 feet per second (fps) with one drain 100% blocked. How do we
rectify this issue?
Drain cover ratings are based on allowable flow in gallons per minute (GPM).
Covers are tested in the laboratory to determine maximum flow rate, which
can result in velocities through the open area of the cover that are greater
than 1.5 fps. Alignment of the flow-ratings of the new covers with state
re
q
uirements ma
y
re
q
uire ad
j
ustments to some of the state codes. State
qyqj
officials may want to evaluate their code requirements in light of the new
requirements made mandatory by the VGB Act.
Given the
p
ool volume and turnover rate re
q
uired b
y
the state/local
pqy
authority, the minimum required GPM should be known and the cover GPM
determined based on the number of covers present.
Multiple Drains consist of, at a minimum, two fully submerged suction outlets
per pump, with drain cover centers at least 3 feet apart (measured ‘on center’).
While no maximum separation is noted in the VGB Act the connections
While
no
maximum
separation
is
noted
in
the
VGB
Act
,
the
connections
between the outlets and the pump are important for proper operation and
should be certified by a design professional and inspected by a licensed
ins
p
ector to ensure h
y
draulic balance between outlets and the main suction line
py
to the pump.
Drains that are connected to the same pump but located in separate pools do
not constitute multiple main drains The language of the VGB Act sets
not
constitute
multiple
main
drains
.
The
language
of
the
VGB
Act
sets
requirements for single main drains for “each public pool and spa.” See section
1404(c)(1)(A)(ii). Those drains in each pool would need ASME/ANSI A112.19.8-
2007 or ANSI/APSP-16 2011 compliant drain covers and each pool with a
single main drain, unless it is an unblockable drain, would also need one of the
secondary anti-entrapment devices or systems listed at section
1404(c)(1)(A)(ii)(I)-(VI) of the VGB Act.
The general concept to calculate flow for multiple drains is to subtract one drain
(presume that it is blocked) so the total flow through the remaining drains
(presume
that
it
is
blocked)
so
the
total
flow
through
the
remaining
drains
should meet the system requirements. *
One drain = total system flow (plus a secondary anti-entrapment
system if the single main drain is not unblockable)
Two drains = each rated at total system flow
Three drains = each rated at 1/2 total system flow
Four drains
each rated at 1/3 total system flow
Four
drains
=
each
rated
at
1/3
total
system
flow
Flow rate per cover = total system flow/(# of drains – 1)
Note: The flow rate calculations are independent of ‘unblockable.’
*This is a CPSC staff position that coincides with the ANSI/APSP-7 Entrapment Avoidance
standard. The VGB Act does not reference APSP-7 and owners/operators/service companies
should be complying with the ASME/ANSI standard first and foremost.
Skimmers
The CPSC staff does not consider skimmers to be
p
art of a “multi
p
le drain
p
p
system” because skimmers are designed to clog.
Equalizer lines are submerged suction outlets or drains and must either be
covered with an ASME
/
ANSI A112.19.8-2007 or ANSI
/
APSP-16 2011
/
/
compliant cover or plugged. Pool owners and operators may choose either
option to comply with the VGB Act. If your state (e.g., Oklahoma) requires
pools to have equalizer lines, then CPSC staff recommends you cover the
e
q
ualizer lines with com
p
liant drain covers.
qp
Equalizers and Flow Rates
Typically, equalizer lines are gravity feed, but on occasion when the water
level dro
p
s
,
or a skimmer basket is filled
/
clo
gg
ed
,
e
q
ualizers would be
p, / gg , q
capable of the rated flow for the skimmer, which is about 55 GPM. Equalizer
covers should be appropriately rated.
In addition to having a drain cover or other anti
entrapment device
In
addition
to
having
a
drain
cover
or
other
anti
-
entrapment
device
that complies with ASME/ASNI A112.19.8-2007 or ANSI/APSP-16 2011
standard, public pools and spas with single, blockable main drains
must have an additional layer of protection using one of the following
must
have
an
additional
layer
of
protection
using
one
of
the
following
systems or devices.
1
SAFETY VACUUM RELEASE SYSTEM (SVRS)
-
A safety vacuum
1
.
SAFETY
VACUUM
RELEASE
SYSTEM
(SVRS)
A
safety
vacuum
release system, which ceases operation of the pump, reverses the
circulation flow, or otherwise provides a vacuum release at a suction
outlet when a blockage is detected, that has been tested by an
outlet
when
a
blockage
is
detected,
that
has
been
tested
by
an
independent third party and found to conform to ASME/ANSI
standard A112.19.17 or ASTM standard F2387.
2. SUCTION-LIMITING VENT SYSTEM - A suction-limiting vent system with a
tam
p
er resistant atmos
p
heric o
p
enin
g
also called an atmos
p
heric vent. It is a
pppg p
pipe teed to the suction side of the circulation system on one end and open
to the atmosphere on the opposite end. The pipe is normally full of water
equal to the same height as the pool. When a blockage occurs at the main
drain
,
air is introduced into the suction line thus causin
g
the
p
um
p
to lose
,gpp
prime and relieving the suction forces at the main drain (suction outlet).
Currently there are no approved voluntary standards for suction-limiting vent
systems; however an ASTM International voluntary standards task group is
systems;
however
,
an
ASTM
International
voluntary
standards
task
group
is
currently developing minimum requirements for field-fabricated vent pipes.
The correct design and construction of the suction-limiting vent system are
important to the overall function and should be certified by a design
professional and inspected by a licensed inspector.
3. GRAVITY POOLS
A gravity drainage system utilizes a collector tank and has a separate water
A
gravity
drainage
system
utilizes
a
collector
tank
and
has
a
separate
water
storage vessel from which the pool circulation pump draws water. Water
moves from the pool to the collector tank due to atmospheric pressure,
gravity, and the displacement of water by bathers, which removes the need
for direct suction at the pool This type of system is also referred to as a
for
direct
suction
at
the
pool
.
This
type
of
system
is
also
referred
to
as
a
reservoir, surge tank or surge pit.
Pools with gravity drain systems automatically fall into the category of
having a second anti-entrapment system, so ensuring that the existing
covers are compliant with ASME/ANSI A112.19.8 or ANSI/APSP-16 2011
replacing them with compliant covers is all that is required.
The flow rate formula remains the same in gravity pools with multiple
The
flow
rate
formula
remains
the
same
in
gravity
pools
with
multiple
drains.
Currently there are no voluntary standards for gravity drainage systems or
collector tank specifications
collector
tank
specifications
.
4. AUTOMATIC PUMP SHUT-OFF SYSTEM
An automatic pump shut-off system is a device that would sense a drain
blockage and automatically shut off the pump system.
blockage
and
automatically
shut
off
the
pump
system.
Some safety vacuum release systems may meet this definition.
One pump motor manufacturer has developed a circuit board for its motors
that monitors current to the motor and shuts the pump off when a noticeable
that
monitors
current
to
the
motor
and
shuts
the
pump
off
when
a
noticeable
change in current occurs, possibly caused by an entrapped bather.
The National Electrical Code (NEC) article number 680.40 has a requirement
for an emergency stop switch for the pump to be located within 5 feet of a
public spa in case of bather entrapment. However, this switch is manually
operated and would require the presence of another person to activate the
switch and therefore would not qualify as “an automatic pump shut-off
”dhG
system
”
un
d
er t
h
e VGB Act.
Currently there are no voluntary standards for automatic pump shut-off
systems, though the current SVRS standards specify release and response
systems,
though
the
current
SVRS
standards
specify
release
and
response
times.
5. DRAIN DISABLEMENT
This is the only option that eliminates rather than mitigates the hazard
This
is
the
only
option
that
eliminates
rather
than
mitigates
the
hazard
.
Turning the drain off does not satisfy “drain disablement” pursuant to the
VGB Act. You would need some type of “device or system” that disables the
drain. To satisfy the definition of drain disablement, the drain/outlet would
need to be physically removed from the system which could include one of
need
to
be
physically
removed
from
the
system
which
could
include
one
of
the following options:
Fill the sump with concrete, in effect, filling the outlet piping as long as
another source(s) of water for the suction side of the pump is (are) available,
such as skimmers.
Cut and cap the piping in the equipment room in such a way that it cannot
be reinstalled
be
reinstalled
.
Re-plumb the suction line from the drain to the pressure side of the pump to
create a return line and reverse the flow.
6. OTHER SYSTEMS
An other s stem determined b the Commission to be eq all
An
y
other
s
y
stem
determined
b
y
the
Commission
to
be
eq
u
all
y
effective as, or better than, the systems described in subclauses (I)
through (V) of section 1404(c)(1)(A)(ii) at preventing or eliminating
the risk of in
j
ur
y
or death associated with
p
ool draina
g
e s
y
stems.
jy p g y
Staff inter
p
retation: This will allow the develo
p
ment of future
p
p
products.
CPSC staff recognizes and supports the technical requirement of the
ASME/ANSI A112 19 8
-
2007 or ANSI/APSP
-
16 2011 standard
which calls
ASME/ANSI
A112
.
19
.
8
-
2007
or
ANSI/APSP
-
16
2011
standard
,
which
calls
for field-built sumps to have a depth, when measured from the bottom of
the cover to the top of the outlet piping, of 1.5 times the diameter of the
piping; however,
piping;
however,
The P&SSAct does not require pool owners/operators to replace their
sump. If a new, compliant drain cover can be safely secured onto a pre-
existing sump, while properly controlling the flow rate, then it meets the
it t fth l
i
n
t
en
t
o
f
th
e
l
aw.
If a PE determines that additional engineering work needs to be done to
the sump to bring it into compliance with the standard and ensure a
secure connection with a new cover
,
that work should be carried out.
,
Finally, if a PE determines that a new drain cover cannot be safely placed
on a pre-existing sump, then the sump should be removed and replaced
with a new, compliant sump that is compatible with the compliant drain
cover
cover
.
There is no federal requirement that a pool professional install the
ASME/ANSI A112 19 8
-
2007 or ANSI/APSP
-
16 2011 compliant drain
ASME/ANSI
A112
.
19
.
8
2007
or
ANSI/APSP
16
2011
compliant
drain
covers. You should have documentation that the drain covers
installed in your pool are compliant, but you do not need to have
documentation of the installation. CPSC staff advises checking with
l l d ffi i l fi l l/ ifi i
your
l
oca
l
an
d
state o
ffi
c
i
a
l
s to con
fi
rm any
l
oca
l/
state cert
ifi
cat
i
on,
installation requirements, or other pool/spa regulations.
THERAPY POOLS
A therapy pool at a rehabilitation center limited at all times to the
A
therapy
pool
at
a
rehabilitation
center
limited
at
all
times
to
the
center’s patients and not open to the public generally would not be
subject to the requirements of the Act. However, a therapy pool in a
salon/spa would meet the definition of a “public pool” and would
thus be subject to the Act.
BAPTISMALS
Pools intended for use only for baptisms do not fall under the
dfiii f i i l d h A h
d
e
fi
n
i
t
i
on o
f
sw
i
mm
i
ng poo
l
or spa un
d
er t
h
e
A
ct, as t
h
ey are not
intended for swimming or recreational bathing.
FOUNTAINS
Fountains are not covered under the law unless they are intended for
Fountains
are
not
covered
under
the
law
unless
they
are
intended
for
swimming and recreational bathing.
Will CPSC be actively looking to penalize pool operators who don
’
t
Will
CPSC
be
actively
looking
to
penalize
pool
operators
who
don t
comply?
A. The law reinforces CPSC’s civil and criminal penalty authority and,
while the intention is not to bring multi-million dollar lawsuits
against pool owners or operators, the agency does have the ability
to step in and shut down pools or spas found to not be in
compliance.
Which types of public pools and spas pose the greatest danger of
entrapment and evisceration to consumers?
A:
C
hil
d
r
e
n’
s
pub
li
c
w
ad
in
g
poo
l
s,
ot
h
e
r
poo
l
s
des
i
g
n
ed
spec
ifi
ca
ll
y
C d e s pub c ad g poo s, ot e poo s des g ed spec ca y
for young children, and in-ground spas that have flat drain grates
and single main drain systems.
Both the CPSC and State Attorneys General are empowered to
enforce the VGB Act. States have the authority to enforce the
itfthAtbtStt tidtd
CPSC
requ
i
remen
t
s o
f
th
e
A
c
t
,
b
u
t
St
a
t
es are no
t
requ
i
re
d
t
o
d
o so.
CPSC
is looking to the States and counties, including state and local health
departments, to assist us in enforcing the requirements of the Act.
State or local law can be more restrictive than the federal law as long
as the state or local law does not make complying with the VGB Act
a physical impossibility. For example, drain disablement is one
option for a secondary anti
-
entrapment system
States are
option
for
a
secondary
anti
entrapment
system
.
States
are
permitted to limit these options or even specify which of the five
options listed under section 1404(c)(1)(A)(ii)(I)-(VI) of the VGB Act
they require. In this case, the county health department is permitted
di ll d i di bl f h i f d
to
di
sa
ll
ow
d
ra
i
n
di
sa
bl
ement as one o
f
t
h
e opt
i
ons
f
or a secon
d
ary
anti-entrapment system as long as the other options are still
available.
STATE SWIMMING POOL SAFETY GRANT PROGRAM
(sections 1405 and 1406)
(sections
1405
and
1406)
For purposes of grants to States, see CPSC Staff Draft Technical
Guidance on Section 1406: Minimum State Law Requirements
Guidance
on
Section
1406:
Minimum
State
Law
Requirements
http://www.cpsc.gov/businfo/vgb/pssa1406.pdf