Virginia Grame Baker Act Worries Pool Operators
Many Drains Still Unavailable, Many Unsure Of Penalties
Mar 13, 2009
The 2007 Virginia Graeme Baker Act, which requires that all public pools in the USA are equipped with anti-entrapment drains and/or anti-suction devices, is causing many American pool operators concern. While the law states that all public pools have the devices installed by now (if open) or by their opening day in 2009, many operators are still scrambling for answers.
Penalty For Non Compliance
While this is a federal law, the enforcement of the law falls to the Consumer Product Safety Commission (CPSC) and/or the State Attorneys General. In short, this means that the state regulatory agency that inspects pools would refer any violations onto the CPSC or State Attorney General. In the event of non-compliance or a violation, the pool would most likely be required to close its’ doors by the state regulatory agency until the pool was in compliance. The act does provide for a maximum penalty for one or more violations. The maximum penalty is $ 1.825 million US.
The CPSC has prioritized their enforcement of the law to focus initially on areas that have wading pools, spas / hot tubs, or pools which are designed for children. In a letter to the public dated December 18, 2008, the CPSC states that they wish to “quell rumors that we intend to bring million dollar fines or prison sentences against individual pool and spa operators.” Conspicuously, the letter does not quell rumors about fining pool owners. CPSC does acknowledge the act allows for closure of a pool for non-compliance.
Cost Of Compliance A Problem For Many Operators
One large issue that faces operators is the expense of compliance. The cost of the new, approved drains range from $30 US for small drains to over $1500 US dollars for larger drains. At many commercial facilities, such as water parks and themed “kiddie” pools, there can be numerous drains, resulting in a cost in the tens of thousands of dollars to achieve compliance. Many drains at water parks, kiddie pools, or commercial pools are not standard size, meaning that retrofitting is required to make the new drain covers fit.
As an example, a drain that is four feet by two feet would require a new drain cover under the law; the problem is, no vendor currently makes a drain that is four feet by two feet. An operator would need to find a way to retrofit a pair of two foot by two foot drains (which cost about $650 US each, or $1300 US total), or purchase an oversized four foot by four foot drain (which costs about $1600 US) to cover the four foot by two foot drain.
CPSC acknowledged in their 2008 letter to the public that manufacturers are still catching up to the need for the new unblockable drains. As for pool operators, it is certainly in their best interests to comply with the law- unless they prefer their pool closed.
What To Do If Drains Are Not Available For Your Pool
If drains are not available for your pool, an engineer can perform a study on the pool and offer a written statement as to the hydraulics of the drain (meaning a letter indicating whether or not the drain is an entrapment issue). Also, operators should have a letter issued from a manufacturer or pool professional indicating the drains are not available. Operators must be ready to install the drains immediately when they become available to be in compliance.
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