Last month we reported on the Virginia Graeme Baker Act (VGBA) and how there are very few clear answers. This lack of certainty has caused a significant amount of stress and anxiety for many of our customers. CES has been working very diligently with industry association groups, manufacturers, Florida DOH officials, and VGBA experts to put together an action plan that will help provide the quickest path to compliance.

Here is an update on the current status, along with answers to some of your most common questions.

Quick VGBA Recap? The Virginia Graeme Baker Act (signed December 2007) is all about preventing entrapment hazards at the main drain cover of every (non single family) pool in the US. Many pools and spas across the US have their pool main drain direct-connected to the pool pump (direct suction). Over the years there have been several high-profile and well documented accidents where patrons were severely hurt or killed via some form of entrapment or disembowelment. In Florida, the DOH code has required the use of surge tanks (gravity flow) for many years, thus an estimated 85% of pools DO NOT have direct suction, yet will need to comply with the VGBA.

Will there be an extension to the December 19 deadline? While some industry associations were petitioning the Consumer Public Safety Commission (CSPC) to extend the December 19th deadline due to the lack of certified products to provide compliance.....it does not appear that an extension to the deadline will be granted. We will keep you updated via email or newsletter if there is any change.

Are there any approved covers on the market? Yes and No. As you recall, covers need to be tested and certified to the ANSI/ASME A112.19.8.2007 (ANSI/ASME) standard. There are several covers that do meet that standard readily available on the market today. HOWEVER...the Florida DOH requires that all covers used in Florida DOH-inspected pools have a velocity of LESS THAN 1.5 feet per second through the drain. Of the many approved ANSI/ASME covers on the marketplace VERY FEW are DOH approved to their rated flow. The DOH prints a list of approved covers, which is edited immediately upon any change....and CES is checking and verifying this list on nearly a daily basis.

As of right now....CES has covers in stock that are both ANSI/ASME approved and comply with DOH code. Unfortunately the only “dual approved” covers in existence are for existing 5.5” 6”, 8” and 9” main drains. The covers are approved to a maximum of 126.9 GPM. So, if you are fortunate enough to have these sizes of drains (round or square), with less than 126.9 GPM of rate DOH flow on your official permit, then you are in good shape to move forward with compliance.

Are there any 12” and 18” covers approved by both ANSI/ASME and DOH? Yes and No. Of the several 12” covers that are approved by ANSI/ASME, the amount of open area (Sq inches) is quite small and so their approved use in Florida will not be practical. For example, the Aquastar 12” x 12” cover is ANSI/ASME approved for 206 GPM, which is quite consistent with the flow rates for pools using this sized cover. However with only 11.2 square inches of open area, the DOH will only allow this cover to be used at a maximum flow rate of 52.6 GPM.....well below your normal flow rate on a pool with a 12” x 12” cover.

There is an 18” x 18” stainless steel cover that is approved by ANSI/ASME (1,400 GPM)  and DOH (874 GPM), but it would need to be grounded to the steel re-bar of the pool shell in order to comply with National Electrical Code. This would require draining of the pool, minor excavation of the pool surface, bonding the cover to an exposed piece of steel rebar, and repairing of the pool surface to a DOH approved condition. If you are interested in this option, please advise CES, and we can assist you in locating an engineer that can oversee this operation.

So what do we do if we have an existing 12” or 18” non-metallic cover? You must wait. First, complete the CES Site Audit (see below), and then wait for approved products to be released into the marketplace. There are several manufacturers that are in the process of completing their 12” and 18” cover testing and certification, and should be in production soon. CES is working with these manufacturers, we have already placed orders for these ANSI/ASME & DOH-approved covers, and will be stocking and shipping approved covers as soon as they become available.

Won’t we miss the deadline? Yes you may. During a recent industry webcast, the CSPC apparently acknowledged that acceptable products are not yet available, and probably won’t be available by the deadline.  Many experts have indicated that it is very important that each site demonstrate that they are working diligently toward finding a solution to compliance on their site, in order to best avoid scrutiny.

What will happen if we install a ANSI/ASME cover that is not DOH approved? Installation of a NON-DOH approved cover (smaller “open area” means higher velocity than the allowable 1.5 ft./sec) will be grounds for immediate closure of your pool by the local DOH agency. It has already happened in several facilities, and will happen any time your health inspector finds a non-approved cover installed on your facility.

Are there any other issues with installing a non-DOH approved cover? Yes, the 1.5 ft./sec DOH guideline is directly related to the FLOW through the “OPEN AREA” (expressed in square inches) of your cover. Since your current drain is designed to GRAVITY FLOW from the main drain to the surge tank, the use of a non-appproved cover may prevent sufficient amount of main drain water from flowing to the surge tank. In some cases your surge tank water level will become too low, and your pool pump may run dry and become damaged.

We have a direct suction Pool and/or spa, what should we do? You will need to add a ANSI/ASME approved cover as everyone else, but remember... the VGBA requires that a 2nd remedy be added. For 85% of Florida pools and spas, the surge tank will be the 2nd remedy. If you have direct suction, the upcoming 64E-9 Florida DOH code will require you to upgrade to a surge tank within the next few years. This may entail some heavy construction and site work, and may be very costly. You will also need to have this surge tank modification professionally engineered by a Florida licensed engineer. In the interim of converting to a surge tank, you are required to (and we are strongly recommending that you do so immediately) add the secondary remedy. In many cases a Safety Vacuum Release System (SVRS) will be your best bet. There are several approved SVRS available, and we won’t know which is best for you until we review your  site conditions (See CES Compliance Site Audit Worksheet below).

Are there any other issues that we need to be aware of? Yes, the ANSI/ASME code has a guideline for Field Fabricated Drain Sumps that require that a certain tolerances be maintained between the top of the internal sump suction piping and the bottom of the drain grate (1.5 times the pipe diameter). If your pool uses a production (Hayward, Pentair, American, or other off-the-shelf) main drain sump, built after 1985, and containing a UPC stamp....you should be OK. If your pool has a older 8” sump, a custom hand-built sump, or a much larger poured concrete or fiberglass (site-built) main drain sump, your compliance strategy will need to include site verification from an engineer or even some modification of the internal sump piping in order to comply 100% with VBGA. We will work with you on a case by case basis on these.

How is the new ANSI/ASME Code different from previous codes for drains? Previous ANSI/ASME codes (1987) did not test for Finger entrapment, Body entrapment, or Cover pull off. They also did not test for Hair Entrapment. Finally they do not test for durability of covers with degradation from UV (yes even underwater)....

The new (2007) standard addresses: Finger and limb entrapment test, body entrapment test, shear load and pull load tests, UV weathering, Fastener test, Full head of Hair Test, Pony Tail Test, and is looking at all sizes of covers.

The VGBA says that any drain larger than 18” x 24” is “unblockable”. Does that mean that we need to take NO action?  Wrong.... Even though your 18” x 24” drain is deemed unblockable, your current drain cover is not approved to the latest ANSI/ASME standard and NEEDS TO BE CHANGED.

What are the CES-recommended ACTION STEPS? The FIRST step taken should be to conduct an compliance AUDIT of your pool. CES has put together a Compliance Site Audit Worksheet that you can DOWNLOAD HERE. Please fill it out and fax it in to your CES representative as soon as possible. Please contact us if you don’t understand some of the questions, or need assistance. We are glad to help you. When you staff is taking dimensions of the existing main drain, please take the time to check that the existing drain is intact and securely fastened. Make sure that all screws are securely in place and that no screws are missing, or else tighten or replace screws immediately.

What is NEXT? We will then put together a plan based on your drain configuration (direct suction vs. gravity flow), size of drains (8” 9” 12” 18” or larger custom drains), production vs. field-fabricated main drain sumps, design flow rate, pump configuration, etc. There IS NOT one best overall solution....but we will work with you to put together the best solution for your site.

When we comply is there any paperwork that we need to sign with the Florida DOH? Yes, once you purchase and install a ANSI/ASME cover that is ALSO Florida DOH approved, CES will assist you in filling out the proper paperwork to file with the local DOH in order to best comply with the State of Florida Code.

Important Disclaimer: CES does not promote one type or brand of VGBA - compliance technology over another, and makes the best effort to match the product and technology to provide the best benefit for the owner, based on the information given to us on the CES Site Audit Compliance Worksheet. Any budget pricing on products that have yet to be released to the marketplace are merely budget estimates based on current pricing information from the manufacturer and are therefore subject to change based on the manufacturer’s price changes. All the above information is based on the most current information available, which have been disseminated by reputable government agencies and companies who are regarded as experts in the field. CES cannot guarantee the complete accuracy of the information as it is still subject to some degree of interpretation by CSPC, DOH, and other agencies.