Virginia Graeme Baker Pool And Spa Safety Act (VGBA)

Aquatic Creations, Inc.
a subsidiary of Raleigh Pools, Inc.

Virginia Graeme Baker
Virginia
Graeme
Baker

The Virginia Graeme Baker Pool and Spa Safety Act went into effect on December 19, 2008. The Act affects all public pools and spas. In essence, the primary intent of the law is to reduce the likelihood of entrapment on the suction fittings of swimming pools and spas.

The VGBA is now becoming a reality for swimming pools in North Carolina, as new State Code will be enacted before the 2010 swim season. Before opening, pools and spas must be in compliance with the new North Carolina State Code, as well as any local code requirements.

Please visit the links below to find out what you must do to be in compliance with the law.

Then, apply for an inspection! Even if you think you already comply, stricter North Carolina laws are about to be enacted which may mean that your pool is not truly in compliance. Aquatic Creations, Inc. has acquired and is familiar with the newly revised State code.

THE AQUATIC CREATIONS SOLUTION

Aquatic Creations, Inc. (Licensed General Contractor) specializes in Pool Inspections and Consulting. We offer a simple, THREE STEP Compliance Solution Process:

An Aquatic Creations representative will meet with the person responsible for your pool at the site.
An Aquatic Creations representative will perform an on-deck inspection and will indicate whether the facility meets the requirements of VGBA, according to State and Local codes. If a diver is necessary to gather more information, a charge may apply.
An Aquatic Creations representative will document the changes needed to bring your facility into compliance and will give you a written estimate to make the necessary corrections to bring your pool into compliance.

STEPS TO COMPLIANCE

The first step is information gathering to determine the extent of the changes needed to bring the pool/spa into compliance. This involves:

Evaluating your existing main drains grates and sump measurements.
Determining the brand and size of pump operating the system.
Determining the maximum flow rate, and the total dynamic head. This requires the system to be operating to determine.
Documenting the information.
Engaging a Registered Design Professional to determine the configuration of the new main drain system according to VGBA.

The second step is the actual retrofit work required to bring the pool into compliance. Some retrofits may be as simple as replacing the main drain covers, others may involve cutting into the pool floor to enlarge the main drain sump area. A Registered Design Professional must certify the new system, and present it to the local jurisdiction.

SO YOU THINK YOU HAVE ALREADY COMPLIED?

It is entirely possible that the retrofit your pool received last spring (prior to state and local code changes and clearer understanding of the Federal law) is not sufficient. Aquatic Creations, Inc. Owners and their retained Registered Design Professional were granted an interview with Jim Hayes, the Branch Head of the North Carolina Department of Environmental Health. He stated that the new State code that Aquatic Creations, Inc. has been provided will not be released for publication until as late as February 2010.

To view answers provided by the State of North Carolina to the most often asked questions regarding compliance, click on the button below.

There is NO "Grandfather" clause. All new and existing pools and spas must be brought into compliance.

Wake County, North Carolina

If you did not receive a letter of compliance from a registered design professional, you are "NOT" in compliance in Wake County for the 2010 season, call us for more information.

Aquatic Creations, Inc. Owners and their retained Registered Design Professional were granted an interview with Jim Hayes, the Branch Head of the North Carolina Department of Environmental Health. He stated that the new State code that Aquatic Creations, Inc. has been provided will not be released for publication until as late as February 2010.

Will the health department certify that our pool is in compliance with the Virginia Graeme Baker Pool and Spa Safety Act?

Health departments are advised not to certify compliance with the federal standards until such time as those standards are adopted into the Rules Governing Public Swimming Pools. Copies of evidence that your pool is in compliance can be sent to the health department to be included in your file for reference when the standards are adopted.

Changing the covers on your suction outlets will not bring you into compliance if your sumps are too shallow!

If you would like us to analyze any retrofit work you have already performed to meet VGBA, please contact us to review the work. If you would like to provide us with your pool specifications and the scope of work performed, our Registered Design Professional will review the information, and will let you know if it meets current State and Local codes.

POTENTIAL PROBLEMS THAT MAY KEEP YOUR POOL FROM OPENING ON TIME

Some problems that can be anticipated are as follows:

Thousands of pools require retrofitting, and there are only a small number of qualified contractors. Jim Hayes, the Branch Head of North Carolina's Environmental Health Services, stated "The new code will not be printed and distributed until as late as February 2010." This could create the potential for price gouging due to last minute demand.

As a result of the new Code being distributed as late as February, and pools opening in late spring, the window for compliance work is very limited. This can be likened to the economical effects of a disaster situation, where prices become unfairly inflated. Some unscrupulous builders will price gouge due to the fact that qualified Licensed General Contractors will have full schedules.

There is a shortage of certain retrofit grates, and it is very possible that those taking the last minute approach to retrofitting may find that grates are not available.

Per Jim Hayes, "Wake County will be requiring a letter of certification from a Registered Design Professional". Mr. Hayes suggested that there could be as many as 1100 pools in Wake County alone that need to comply, which indicates that there will be a shortage of Registered Design Professionals available to inspect and certify this many pools.

It is almost impossible for the average pool owner/operator to be knowledgable about VGBA. The state and local governments have not yet enacted a code, let alone distributed it. This lack of knowledge allows pool owner/operators to be taken advantage of.

Trusting in any one company to assist you with compliance, without obtaining competitive bids, is financially irresponsible. There have been thousands of dollars of difference in bids. Furthermore, it is entirely possible that the "fix" your pool received last spring (prior to state and local code changes and clearer understanding of the Federal law) is not sufficient.

With these factors, it is very possible many pools may not open on time.

WHY IS IT IMPORTANT TO CONTRACT WITH A LICENSED GENERAL CONTRACTOR?

It is our professional opinion that the best approach is to contract with a Licensed General Contractor specializing in swimming pool construction and repair, who works in tandem with a Registered Design Professional (Registered Engineer or Architect).

A Licensed General Contractor is registered with the State of North Carolina, and must adhere to strict State government regulations. Both the Licensed General Contractor and the Registered Design Professional are required to possess and have been qualified on a high level of knowledge and expertise. They must both be current on all aspects of the new Code. They both must have General Liability Insurance.

CONTACT US!

Submit

REFERENCE LETTER

The following is a reference from the Club Manager, and start to finish pictures of the job. The work entailed replacing four 24" x 24" main drain grates, two in the wall of a 12' deep end, as well as a wading pool retrofit.

Chapel Hill Tennis Club Letter

The Chapel Hill Tennis Club
403 Westbrook Drive
Carrboro, NC
(919) 929-5248

To: Aquatic Creations, Inc.

Words cannot express the gratitude I and our club has for all you and your company did for us in order to comply with the new Virginia Graham Baker regulations.

Our pool was a difficult situation due to our main pool drains, wading pool drains and our water slide drains all needing a great deal of work in order to comply, not to mention our water slide drains located in our sidewall posed additional difficulty. Couple these factors with the time constraints which Orange County gave us and the fact that we open our pools earlier than any other outdoor non-heated pool, our situation was a most concerning one at best.

However, with all these difficulties, and even poor weather in which your dedicated company worked in, we opened on time and received from you not only compliance with the new VGB Act but also absolute excellence and expertise. Not one time did I have a question go unanswered. Not one time did I have a phone message go unreturned immediately. Not one time did I send you an e-mail and not receive a quick response. In addition to all this, both you Kate, Stefan and your entire staff were incredibly nice, polite and just plain good people who I trusted completely through a most trying time.

You are obviously dedicated and committed to the highest standard of excellence. I would highly recommend your services and am happy to do so if you are ever in need of a reference.

Most sincerely and equally grateful,
Alan Rader
Chief Operating Officer
Chapel Hill Tennis Club

THE DEFINITION OF VGBA
AND
THE CPSC INTERPRETATION

BACKGROUND

In June 2002, Virginia Graeme Baker, the granddaughter of former US Secretary of State Jim Baker, drowned in a tragic incident caused when she became trapped on a spa main drain. Congress, in cooperation with the Consumer Product Safety Commission, wrote VGBA which was then signed into law by the President of the United States on December 19, 2007, to be effective on December 19, 2008. For more information on the Consumer Product Safety Commissions' interpretation of the Act, go to: http://www.poolsafety.gov/index.html

The following are Sections 1401-1404 of the Act which are immediately relevant to commercial pools and spas

H.R. 6-303 to 309

TITLE XIV--POOL AND SPA SAFETY

SEC. 1401. SHORT TITLE.

This title may be cited as the 'Virginia Graeme Baker Pool and Spa Safety Act'.

SEC. 1402. FINDINGS.

Congress finds the following:

Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.
In 2004, 761 children aged 14 and under died as a result of unintentional drowning.
Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.
Research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.

SEC. 1403. DEFINITIONS.

In this title:

ASME/ANSI- The term 'ASME/ANSI' as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.
BARRIER- The term 'barrier' includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover.
COMMISSION- The term 'Commission' means the Consumer Product Safety Commission.
MAIN DRAIN- The term 'main drain' means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump.
SAFETY VACUUM RELEASE SYSTEM- The term 'safety vacuum release system' means 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.
SWIMMING POOL; SPA- The term 'swimming pool' or 'spa' means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and aboveground structures, and includes hot tubs, spas, portable spas, and nonportable wading pools.
UNBLOCKABLE DRAIN- The term 'unblockable drain' means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.

Consumer Product Safety Rule- The requirements described in subsection (b) shall be treated as a consumer product safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
Drain Cover Standard- Effective 1 year after the date of enactment of this title, each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool or drain cover.
(c) Public Pools-

(1) REQUIRED EQUIPMENT-

(A) IN GENERAL- Beginning 1 year after the date of enactment of this title--

(i) each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and

(ii) each public pool and spa in the United States with a single main drain other than an unblockable drain, shall be equipped, at a minimum with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B):

(I) SAFETY VACUUM RELEASE SYSTEM- A safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwiseprovides a vacuum release at a suction 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.

(II) SUCTION-LIMITING VENT SYSTEM- A suction-limiting vent system with a tamper-resistant atmospheric opening.

(III) GRAVITY DRAINAGE SYSTEM- A gravity drainage system that utilizes a collector tank.

(IV) AUTOMATIC PUMP SHUT-OFF SYSTEM- An automatic pump shut-off system.

(V) DRAIN DISABLEMENT- A device or system that disables the drain.

(VI) OTHER SYSTEMS- Any other system determined by the Commission to be equally effective as, or better than, the systems described in subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death associated with pool drainage systems.

(B) APPLICABLE STANDARDS- Any device or system described in subparagraph

(A)(ii) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard.

(2) PUBLIC POOL AND SPA DEFINED- In this subsection, the term public pool and spa' means a swimming pool or 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 develop-ment, or other multi-family residential area (other than a municipality, township, or other local government jurisdiction); or

(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.

(3) ENFORCEMENT- Violation of paragraph (1) shall be considered to be a violation of sec-tion 19(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be enforced under section 17 of that Act (15 U.S.C. 2066).

Congress, in cooperation with the Consumer Product Safety Commission, wrote VGBA which was then signed into law by the President of the United States. For more information on the Consumer Product Safety Commissions' interpretation of the Act, go to: http://www.poolsafety.gov/