Interpretations/Staff Guidelines

Virginia Graeme Baker Pool and Spa Safety Act; Interpretation of Unblockable Drain; Notice of compliance deadline extension
August 20, 2012

In April 2012, the Commission voted to extend the compliance date to May 23, 2013 for those who installed VGBA-compliant drain covers on or before October 11, 2011, in reliance on the Commission’s initial interpretation of an unblockable drain. The Federal Register Notice announcing this extension was published in May 2012.

Only firms that relied on the unblockable drain interpretive rule of April 27, 2010, and installed VGBA-compliant unblockable drain covers on or before October 11, 2011, will have until May 23, 2013 to install a secondary system, as necessary. Firms that did not rely on the unblockable drain interpretive rule of April 27, 2010, and did not install VGBA-compliant unblockable drain covers on or before October 22, 2011, should be compliant with the VGA, and will not have additional time to come into compliance if they are not.

VGB Pool & Spa Safety Act FAQs (frequently asked questions)
January 2012

Virginia Graeme Baker Pool and Spa Safety Act; Interpretation of Unblockable Drain; Notice of revocation
October 11, 2011

The Consumer Product Safety Commission, CPSC, is revoking its interpretation of the term “unblockable drain” as used in the Virginia Graeme Baker Pool and Spa Safety Act (“VGB Act”).

This revocation does not alter the current requirement that public pools and spas be in compliance with the VGB Act, which became effective December 19, 2008. Any public pools or spas that require modifications as a result of this revocation shall comply by May 28, 2012 . Public comments were accepted until December 19, 2012 regarding the compliance date. The Commission will issue a notice of the final date.

CPSC Approves a Successor Drain Cover Standard for the Virginia Graeme Baker Pool and Spa Safety Act
August 9, 2011

The Pool & Spa Safety Act, or VGB Act, requires each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States to conform to ANSI/ASME A112.19.8 performance standard, or any successor standard.

The Consumer Product Safety Commission has voted unanimously to approve ANSI/APSP-16 2011 as the successor standard to the ANSI/ASME A112.19.8 drain cover standard mandated by the Virginia Graeme Baker Pool and Spa Safety Act. The Commission determined the new standard, ANSI/APSP-16 2011, was in the public interest, and incorporated this standard into its regulations. This means that, effective September 6, 2011, drain covers manufactured, distributed, or entered into commerce in the United States must conform to the requirements of ANSI/APSP-16 2011. Until September 6, 2011, drain covers manufactured, distributed, or entered into commerce in the United States must conform to the requirements of ANSI/ASME A112.19-2007. Please note that, as detailed more fully in the Federal Register Notice, ANSI/APSP-16 2011 is substantively identical to ANSI/ASME A112.19.8 and its two addenda.

Decisional Matter: Virginia Graeme Baker Pool and Spa Safety Act (“VGB Act”) – Public Accommodations Facility, Final Interpretive Rule
August 4, 2010

CPSC Staff Response to Commissioner Adler’s Questions Regarding Public Accommodation in the Virginia Graeme Baker Pool & Spa Safety Act
July 9, 2010

Virginia Graeme Baker Pool & Spa Safety ActDraft final interpretive rule interpreting “public accommodations facility.”
July 7, 2010

Virginia Graeme Baker Pool & Spa Safety Act Compliance Form – Submission for Office of Management and Budget Review
May 10, 2010
Draft second Federal Register notice requesting approval to conduct information collection activities under the Virginia Graeme Baker Pool & Spa Safety Act verification of compliance form as required by the Paperwork Reduction Act of 1995 (PRA).

Virginia Graeme Baker Pool & Spa Safety Act; Final Interpretive Rule on Unblockable Drains
March 30, 2010
Draft of the final interpretive rule interpreting the term “unblockable drain” as used in the Virginia Graeme Baker Pool & Spa Safety Act.

Commissioner Adler’s Statement on the Final Interpretative Rule on Unblockable Drains
April 2, 2010

Virginia Graeme Baker Pool & Spa Safety Act: Interpretation of Unblockable Drain
March 15, 2010
Draft interim final interpretive rule interpreting the term “unblockable drain” as used in the Virginia Graeme Baker Pool & Spa Safety Act.

Virginia Graeme Baker Pool & Spa Safety Act Briefing Package
February 22, 2010
Documents relating to the administration and enforcement of the Virgina Graeme Baker Pool & Spa Safety Act.

Virginia Graeme Baker Pool & Spa Act Briefing and Ballot: Unblockable Drains/Public Assistance Implementation of the Section 1405 State Grant Programs
February 4, 2010

Technical Memorandum on Unblockable Drains
June 16, 2009
Staff guidelines on definition of unblockable drains. CPSC Enforcement Position, December 15, 2008

CPSC Staff’s Guide to Complying with the Law
October 2008
One-page flyer from the staff outlining how to comply with the Virginia Graeme Baker Pool & Spa Safety Act.

Section 1406 Draft Guidance Document
September 2008

Who is Virginia Graeme Baker?

Seven-year-old Virginia Graeme Baker’s tragic death inspired her family to advocate for pool and spa safety and moved Congress to act to prevent entrapments. 
Read more about her story
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The Pool and Spa Safety Act: Staff interpretation and updates

 

Find the most up to date requirements for the Virginia Graeme Baker Pool and Spa Safety Act.