AH&LA urges members ensure their pools and spas comply with current regulations.

SUMMARY

On December 19, 2007, President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act (Act), named after the young daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker. Miss Baker died in a tragic incident in June 2002 after the suction from a spa drain entrapped her under the water.

According to the Consumer Product Safety Commission (CPSC), the federal agency tasked with the law’s implementation, the new law is aimed at reducing these deaths and injuries by making pools safer, securing the environment around them, and educating consumers and industry on pool safety.  The Act specifies that on or after December 19, 2008, swimming pool and spa drain covers available for purchase in the United States must meet specific performance requirements. Additionally, public swimming pools, wading pools, spas and hot tubs must meet requirements for installation of compliant drain covers.  New drain covers which meet the current standard are now beginning to make their way into the marketplace. Additionally, in certain instances, public pools and spas must have additional devices or systems designed to prevent suction entrapment.

By December 19, 2008, all public pool owners and operators must:

• Install drain covers that meet the ANSI/ASME A112.19.8–2007 standard on every drain/grate. A list of cover manufacturers can be found here. 
• Install an automatic shut-off system, gravity drainage system, Safety Vacuum Release System (SVRS), suction-limiting vent system or disable the drain, if the pool operates off of a single main drain. Pools and spas with unblockable drains are exempt from this requirement. A list of SVRS manufacturers can be found here. 
• Ensure that dual or multiple main drains are at least 3 feet apart.

Now that the summer 2009 pool season is here, it is incumbent on all AH&LA members that their public pool and spa facilites be compliant with this Act. 

Our members place a high priority on guest safety and are working to ensure that their pool facilities are a place to safely relax and enjoy.  Members of the American lodging industry have been working for over a year to secure drain covers and the other equipment mandated by the Act, despite the lack of equipment by pool drain cover manufacturers.  While no central registry of compliant pools exist in the lodging industry or anywhere else, AH&LA encourages guests to inquire with hotel management about any particular facilities’ compliance with the Act.

The Consumer Product Safety Commission (CPSC) stated in December that it will prioritize their enforcement, starting with wading pools, children's pools, and in-ground spas.  CPSC will not levy fines on those properties that do not have the required safety equipment, but does retain the authority to close pools if necessary.  CPSC (and AH&LA) recommends members continue to investigate and document their efforts to comply with the federal law. Members may want to have such information on their pool as number of drains, type of drain cover, emergency cut-off information, and efforts to contact suppliers and contractors who would assist with your compliance of the Act.  Members should also be aware that some local or state regulations conflict with the federal Act, placing the facilities in a conundrum about which pool safety regulation they must follow to satisfy CPSC and state inspectors.

According to the AH&LA 2008 Lodging Survey, between 47 to 58 percent of hotels have either an indoor or outdoor pool.  10 percent have spa facilities.  All must be in compliance with the safety requirements of the Act.  CPSC is prioritizing its enforcement of the Act, facing a mandate to enforce the new law on the approximately 25,000 hotel properties that have public pool facilities but also on the hundreds of thousands of other public pools operated by local parks departments, country clubs, apartment buildings, colleges and universities, and residential real estate developments.

STATUS

The following federal mandates are effective as of December 19, 2008.

1. By December 19, 2008, all drain covers manufactured or sold in the United States must conform to the ASME/ANSI 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).

2. All public pools and spas (as defined by the Act), both new and existing, must be equipped with drain cover systems conforming to the ASME/ANSI A112.19.8-2007 standard.

3. All public pools and spas (pump) with a single main drain, other than an unblockable drain, must be equipped with an ASME A112.19.8-2007 compliant cover system and one or more of the following additional devices or systems: a safety vacuum release system (SVRS); suction limiting vent system; gravity drainage system; automatic pump shutoff system; or drain disablement.

Existing pools are not exempt from the new regulations.  By December 19, 2008, all publicly accessible pools, whether they have single or multiple drains, must have new anti-entrapment drain covers that must comply with ASME/ANSI A112.19.8 performance standard.  However, many of these covers are currently being developed and are not yet available.

A public pool or spa that has a single drain must have at least one additional level of entrapment protection, which could be:

• Safety Vacuum Release System (SVRS) – a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. An SVRS can be installed in under an hour for about $500 - $700. Representative brands include Vac-Alert Industries, Stingl, Hayward Pool Products, and A.O. Smith Company.
• Automatic Pump Shut Off System – An automatic pump shut off system.
• Drain Disablement – A device or system that disables the drain.
• Suction-Limiting Vent System* – a suction limiting vent system that utilizes a collector tank.
• Gravity Drainage* – a gravity drainage system that utilizes a collector tank.
  * These devices would have been installed during pool construction. They cannot be added to an already existing pool.  (From Pool Operation Management)

Request for Extension and Post-December 19 Enforcement
AH&LA submitted a letter to the CPSC on November 19, 2008 requesting a six-month to one-year extension of the December 19th deadline, citing numerous difficulties in obtaining approved drain covers, as well as ambiguity in state codes.  A PDF copy of the letter is found here.

CPSC responded to AH&LA and other stakeholders on December 15, 2008. CPSC stated in its reply that:

• The December 19, 2008, deadline stands; only Congress can change that date.
• Pools closed for the season are not required to comply until they reopen in 2009.
• CPSC will prioritize their enforcement, starting with wading pools, children's pools, and in-ground spas
• CPSC will contact states to urge them to follow suit on its prioritization approach
• CPSC will not levy big fines, but does retain the authority to close pools if necessary.
• CPSC (and AH&LA) recommends members continue to investigate and document their efforts to comply. Members may want to have such information on their pool as number of drains, type of drain cover, emergency cut-off information, and efforts to contact suppliers and contractors who would assist with your compliance of the Act.

A PDF copy of the December 15, 2008 CPSC document is found here.
 

WEBSITES

PoolSafety.gov - The CPSC Website devoted to explaining the Pool and Spa Safety Act for operators and consumers. This site also includes a list of manufacturers of approved pool drain covers and other safety equipment.

Compliance brochure written by the Association of Pool and Spa Professionals.  Gives public pool operators a quick guide to compliance requirements for their facilities.  (PDF)

FAQ on the Act, written by the Texas Dept. of State Health Services.  Much of this document is applicable nationwide. (PDF)

CPSC compliance poster for Act. (PDF)

A list of companies who manufacture pool and spa drain covers of various sizes and have represented to CPSC that their covers meet the ASME/ANSI A112.19.8-2007 standard.

CPSC Guidance Document on Act, June 2008. (PDF)

Association of Pool and Spa Professionals Webpage on Act.  The association provides a wealth of information on compliance, background, and enforcement of the Act.

For more information, contact AH&LA Senior Vice President for Governmental Affairs Kevin Maher at (202) 289-3147, kmaher@ahla.com.

(Updated December 2009)