Is your local municipal pool fitted with an anti-entrapment drain cover? Have federal and state agencies, officials and inspectors enforced the law that mandates all public pools and spas must have in place approved drain covers by December 20, 2008? One year after Congress passed the Act and President George W. Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act, we examine what's happened with the VGB Act in its first year.
The Virginia Graeme Baker (VGB) Pool and Spa Safety Act
Signed into federal law by President George W. Bush on December 19, 2007, the Virginia Graeme Baker Pool and Spa Safety Act states that all public swimming pools, wading pools, spas and hot tubs must be fitted with an approved anti-entrapment drain cover one year later. For the record, the deadline was December 19, 2008.Easier Said Than Done
Compliance with the stipulations established by the VGB Act has not occurred as smoothly as anticipated. Many public pool owners and operators point to high demand and a shortage of drain covers for missing the December 19 deadline. Others are confused about which type of drain cover is needed, recommended manufacturers and where to buy them. Some drain –cover manufacturers reportedly have encountered difficulties with getting their products tested. Interest groups called for an extension by the Consumer Product Safety Commission for the December 19, 2008 deadline. Rumors have run rampant that violators of the act could face heavy penalties or prison sentences.Confusion, Confusion
There’s also been widespread confusion regarding what type of pools and spas need the drain covers and when they need them. While the Act, law, dates and issues have been covered regularly in the media (including this site), many are confused whether the laws are state or federally mandated (in some cases, both). With the budget crisis, many new laws have ended up on the backburner as the United States deals with what has by now become an international economic disaster.State Grants
While the Pool and Spa Safety Act imposes mandatory federal requirements for anti-entrapment devices, it also stipulated that funding in the form of state grants would be available. To be eligible for this grant funding, states must create laws requiring pool and spa-area barriers (covers, gates and alarms) and suction-entrapment avoidance. Part of that grant money must also be used for statewide public education about the pool and spa safety act.Some States Already Have Similar Laws
Only a small percentage of states have legislation pertaining to the act and to pool and spa safety, including Arizona, California, Connecticut, Minnesota and New York. Others will be passing related laws in 2009.CPSC, State Health and Enforcement Agencies to Enforce Law
"Our mission at the CPSC is to keep American families safe,” said Nancy Nord, CPSC Acting Chairman. “CPSC will enforce the requirements of this pool and spa safety law with a focus on where the greatest risk of drain entrapment to children exists, such as wading pools, pools designed specifically for toddlers and young children, and in-ground spas, particularly where these types of pools and spas have flat drain grates and single main drain systems.“State health and enforcement agencies share the responsibility to ensure this law is properly enforced,” said Nord. "I recommend these agencies take the same approach as CPSC concerning enforcement priorities.”
