The Virginia Graeme Baker Pool and Spa Safety Act, 15 USC 8001

Feldsott & Lee
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The Virginia Graeme Baker Pool and Spa Safety Act (hereinafter “Act”) was named after the former Secretary of State James Baker’s granddaughter, who was drowned in a spa by the powerful suction on the drain. The Act was signed into law by President Bush on December 19, 2007 as a safety initiative to protect children from becoming entrapped underwater by pool and spa drainage systems and to educate the public on prevention methods.

The Act applies to all public pools and spas in the United States, including those located in apartments and multi-residential buildings (including common interest developments). All public pools and spas must be in compliance with the Act by December 19, 2008. Failure to comply with the requirements can result in sanctions under the Consumer Protection Act.

The Act requires that all drain covers in public pools and spas must 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). Additionally, all pumps in public pools and spas with a single main drain, other than an unblockable drain, must be equipped with one or more additional devices designed to prevent suction entrapment that meet the requirements of any applicable ASME/ANSI standard or applicable consumer product safety rule. Such additional devices must also include a safety vacuum release system, suction limiting vent system, gravity drainage system, automatic pump shutoff system, drain disablement, or other system determined by the CPSC to be equally effective in preventing suction entrapment.

It is strongly recommended that you contact your pool contractor as soon as possible to get your pools and spas into compliance.

Please note that the Act also does the following:

• Requires that all drains manufactured, distributed or entered into commerce in the United States must 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)
  
  
• Provide a voluntary grant program for states should they decide to adopt additional requirements by statute, including the installation of barriers to prevent small children from gaining access to pools
  
  
• Requires the Consumer Product Safety Commission to implement a public education program on safety and prevention of drowning

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