The Deadline for compliance with the Virginia Graeme Baker Act (VGBA) is rapidly approaching as there are only 10 days left. Here is a quick synopsis of the current status and prospects for compliance. If you are getting involved late and want some background information please see the recent CESWaterQualityNew articles released in October, and November.

What is CES’s Role? Although CES does not claim to be a definitive source of information regarding VGBA, we are working with several manufacturers and fellow leading distributors around the country to try to keep up with all the information that is being disseminated. CES’s primary role is to ASSIST our customers in identifying the requirements in order to comply with VGBA. That is why the self-completion of the CES audit sheet was the first step. The next step is to help assess what action need to be taken in order help our customers comply. Finally CES will assist in coordinating the installation of any required devices, while we may or may not complete the installations ourselves.

Simple compliance for smaller or newer pools/spas. For some of you, compliance with VBGA will be relatively simple. From what we have been led to believe from industry experts, if you have a small “production” sump (9” 12” or 18” pre-manufactured sump, whether Hayward, Pentair, American Products, etc), and your pool was built after 1985, and you have a surge tank that is fed by your main drain.....then you may only need to change the drain grate with an ANSI/ASTM A112.19.8.2007 (ANSI/ASTM 2007) approved grate.

More Complicated compliance with larger or older pools/spas.  Pools that have larger “Field Fabricated Assembly” sumps (poured concrete, large hand-built stainless steel or fiberglass sumps) may present a more complicated road to compliance. This is because the ANSI/ASME 2007 standard (which is referenced in the VGB act) calls for certain distances between the top of the sump piping and the bottom of drain cover. Why? It has been explained that if the pipe inlet into the sump is too close to the cover, then even a compliant cover can have “hot spots” of excessive suction. So if your sump is non-compliant with the new 2007 ANSI/ASME standard, it may need be modified to achieve compliance. This is being hotly contested around the country as many feel that the ANSI/ASME standard is for new construction only, and does not pertain to retrofit. Also, sump modification is not directly referenced in the VGB act, and is only referenced through the ANSI/ASTM standard. If the sump is modified, then it should be pre-approved with an engineer and the Florida Department of Health. In any event, many are awaiting a clarification from CPSC, and have decided not to jump into an expensive sump retrofit contract until they receive that verification.

Recently we receive a few other questions that might help clear up some misunderstandings:

Your articles indicate that there are few DOH approved covers available yet my pool company says that they have many covers to choose from: While there are quite a few drains that are ANSI/ASME 2007 approved for  significant GPM flow rates, the Florida DOH will only certify them for use at a 1.5 Feet per Second (FPS) rate. For example, the popular Aquastar 10” drain which was ASME approved at 206 GPM, is only certified by DOH for 52.6 GPM applications. The up-to-date list of approved DOH  covers and their respective flow rates are available here. If you install a cover that does not meet the DOH guidelines, your pool will be closed down by DOH officials upon inspection or submittal. If your sump requires a 9” cover and your DOH flow rate is less than 126 GPM, then CES has your VGBA / DOH approved grate in stock, and you can achieve compliance before the deadline.

Question...If I have two main drains, do I divide the flow by 2 and size the drains accordingly?

No....the VGB act requires that each of the two drain be capable of carrying the full flow of the pool (in case one of them is ever blocked, then the other won’t be prone to entrapment). Therefore if your pool is equipped with (2) 12” x 12” drains and has a “permitted” DOH flow rate of 300 GPM, then each of your drains must be equipped with a drain cover like the CES 12” x 12” drain which has a rated flow capacity of 380 GPM  each. In this same 300 GPM example, you would not be able to use the ANSI/ASTM approved Hayward model # WG1032B (12” x 12”) drain as it is only rated at 152 GPM per DOH code.

Do I need to hire an engineer? As you can see, there is a lot of controversy and confusion nationally regarding whether you need to hire an engineer to oversee your VGB compliance. CES works closely with many of the leading engineering firms in Florida, and will be able to assist you in identifying and hiring a qualified professional.....but neither CES, nor the reputable engineering professionals think that you should needlessly spend money if it is not required. According to many informed sources, it appears that the CSPC is still in somewhat of a state of flux, and during a recent webcast, (in the section titled Sump Design).....they noted that “However, CPSC is still considering the matter, and more information will be forthcoming.” We have not seen any official follow-up or clarifications in writing since.

At the same time, the ANSI/ASTM board is still having meetings on the VGB-related topics, revisions supposedly are still being made, and we understand that an Addendum “A” was posted as late as in the last few weeks.  We only mention this to point out that it is very difficult for CES, or anyone else for that matter, to issue a definitive statement on some of the more complicated sections of VGBA, while the regulators themselves still appear to be in somewhat of a state of flux.

So what is the recommended plan of action? According to many of the experts that we have consulted, the recommended plan of action should include the following:

1. Do an audit. If you haven’t already completed this critical step, do so immediately. You can use the CES audit form as a guideline. Even if you ask for someone else’s assistance in completing, stay involved as the stakes are way too high to take a hands-off approach.
   

2. While completing the audit, you may wish to take a few underwater photo details of the sump and the drain cover, and a few photos of the surge tank and the main pump suction piping. A throw-away underwater (digital print) cameral works supposedly works great.  This may help you get a better deal from a consultant or  installation contractor if they can assist you initially via email instead  of making many trips.
   

3. If you have a “simple” compliance situation, enter into an agreement now. For example if you merely need to swap the cover with the ANSI/ASTM approved cover because you already have a surge tank and there is no evidence of a “Field Fabricated Assembly”, then order the cover now (will be available in January). Many experts feel that you must be able to demonstrate that you are working diligently toward a resolution.
   

4. If you have a pool or spa on direct suction, you should act immediately. Even though the new Florida DOH code (due to be released in February 2009) is going to MANDATE that you install a surge tank on EVERY direct suction application, you will be given 1-3 years to comply. Since direct suction applications are the root of almost every entrapment fatality...you should upgrade to an approved VGBA main drain grate AND add one of the other accepted methods of anti-entrapment. Most operators prefer an SVRS (whether electronic or mechanical). We will work with you to find the SVRS that provides the best option for your particular application.
   

5. If you have a complex situation or “Field Fabricated Assembly” issue, you may wish to purchase and install a suitable cover while you are in process of evaluating the engineering of your main drain sump.....or even if you are waiting for CSPC or ANSI/ASTM clarifications when (in fact) you must retrofit your sump to current ANSI/ASTM standards. CES offers a money-back guarantee on any unused cover if your future engineering process recommends a different solution.
   

In any event, feel free to contact your CES representative with any questions or comments. We don’t profess to be the experts, but we are in contact with many of the leading authorities in the field, and we will work hard to get answers to your many questions.