Take Action to Extend Deadline for New Pool and Spa Drain

Regulation

According to the Virginia Graeme Baker Pool and Spa Safety Act (Act), all public pools and spas must be in

compliance prior to December 20, 2008 or prior to opening if the facility is currently closed. NSPF is

committed to preventing entrapment, has funded research on this topic for 30 years, advocates for drowning,

illness and injury prevention, and how aquatic activity prevents chronic illness and death. Many aquatic

facilities may be forced to close due to major technical issues in the Act, lack of information and education from

the CPSC, and limited product availability. If your aquatic facility is unable to comply for these reasons prior to

the deadline, we encourage you to contact the representatives listed below and request that the CPSC exercise

its discretionary authority through December 19, 2010 to allow adequate time for aquatic facilities to comply

with the Act. When you contact your congressional representative, ask that they call the CPSC on our behalf

Acting CPSC Chairman Nancy Nord

http://www.cpsc.gov/cgibin/commissionernord.aspx

Congresswoman Debbie Wasserman-Schultz

http://wassermanschultz.house.gov/zipauth.htm

Senator Amy Klobuchar

http://klobuchar.senate.gov

Or your local representative:

https://writerep.house.gov/writerep/welcome.shtml

Use these talking points developed by the National Recreation and Park Association to guide you in your conversation.

Key Talking Points

For Discussions with Congressional Staff and Members of Congress

As a result of passage of the Virginia Graeme Baker Act in December 2007, public pools and spas must be equipped with

certified drain covers or grates that meet the required ASME/ANSI A112.19.8-2007 standards and safety measures before

December 19, 2008. Many facilities are finding it difficult if not impossible to be in compliance by this deadline.

Public safety is a paramount concern for pool and spa facilities. Therefore, facilities support the intent of the Virginia

Graeme Baker Pool and Spa Safety Act (VGB) which is to ensure public safety in pools and spas through the use of

equipment that protects against entrapment and evisceration. They do want to comply with the Act. However, a recent

staff interpretation of the law by the Consumer Products Safety Commission (CPSC) has created significant concern

about the ability of pool and spa facilities to comply by the December 19, 2008 deadline.

We are asking Congress and the CPSC to allow for a delayed or phased-in implementation that would extend the

requirements for compliance to December 19, 2009.

Ask your Representative and Senators to address this issue now by enacting a delayed or phased-in implementation

which would require compliance by December 19, 2009. This deadline can only be changed through Congressional

action. Contact your Members of Congress immediately as they need to hear about the challenges the December 19,

2008 deadline poses for your community. We are asking Congress and the CPSC to enact a delayed or phased-in

implementation which would require compliance by December 19, 2009.

manufacturers are working to have certified covers for common sized drains available for purchase in November. This

gives pool facilities only one month to purchase a product whose demand exceeds supply, and have it installed.

in compliance, custom covers will need to be specially engineered by manufacturers, and then certified, which will

take considerable time and may cause many pools to shut down because they will not be able to be in compliance by

the deadline.

pool codes. Much confusion exists among inspectors regarding the requirements of the law and some states have

reported they will continue to use their own requirements or interpretation until CPSC guidelines are finalized. This

puts many pool facilities in a precarious situation of not knowing which guidelines they must abide by. This outcome

does not effectively ensure public safety as intended by VGB.

Commission. Therefore, notice of the guidelines was not published in the Federal Register and many facilities were

unaware of the issuance of this guidance. The budgets of many pool facilities are not able to meet unexpected

demands for capital maintenance costs in the middle of a fiscal year. Accommodating significant expenses in order to

comply with new regulations must be part of the initial stages of the annual capital budget planning process. Many

agencies will have extreme difficulties accommodating the expenses that will result from complying with VGB in their

budgets.

communities that require special engineering for unique pool designs, significantly more than $150,000. Be prepared

with a cost estimate when you speak with your congressman.

deadline for compliance to December 19, 2009.

"As a pool safety advocate and professional, I want my community to comply with the Virginia Graeme Baker Pool and

Spa Safety Act of 2007. However, a recent staff interpretation of the law by the Consumer Products Safety Commission

(CPSC) has created significant concern about the ability of facilities s throughout the country to comply by the December

19, 2008 deadline."

Call the Capitol Switchboard at 202-225-3121 and ask to be connected to your Senators' and Representative’s office. Visit

connected to a legislator’s office, ask to speak to the person that handles issues relating to the Consumer Product Safety

Commission.