Pool and Spa Safety Act

New ADA Regulations for Pools and Spas Defined

On September 15, 2010, the U.S. Department of Justice (DOJ) published new Americans with Disabilities Act (ADA) Title III regulations that adopt a new set of scoping and technical standards for accessible facilities for the first time in 19 years.

The 2010 Standards cover a number of new elements, including existing and newly constructed swimming pools, spas, and wading pools. The 2010 Standards establish minimum accessibility requirements that are intended to ensure a general level of usability of these facility elements by individuals with disabilities.

The compliance date for the 2010 Standards is March 15, 2012. Owners and operators of hotels and other lodging facilities must bring their swimming pools, spas and wading pools into compliance with the 2010 Standards to the extent compliance is “readily achievable” (i.e., “easily accomplishable and able to be carried out without much difficulty or expense”) and “technically feasible” (i.e., existing physical or site constraints do not prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility).

What this means:

By March 15, 2012, most owners and operators will have to retrofit existing pools and spas with a pool lift or some other means of accessible entry, unless they lack the financial resources or physical space to do so.

To view the new regulations, including diagrams, click here .

For questions, please contact AH&LA Senior Vice President of Governmental Affairs Kevin Maher at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (202) 289-3147.

SUMMARY

On December 19, 2007, President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act (Act), named after the young daughter of Nancy Baker and the granddaughter of former Secretary of State James Baker. Graeme Baker died in a tragic incident in June 2002 after the suction from a spa drain entrapped her under the water.

According to the Consumer Product Safety Commission (CPSC), the federal agency tasked with the law’s implementation, the new law is aimed at reducing these deaths and injuries by making pools safer, securing the environment around them, and educating consumers and industry on pool safety. The Act specifies that swimming pool and spa drain covers available for purchase in the United States must meet specific performance requirements. Additionally, public swimming pools, wading pools, spas and hot tubs must meet requirements for installation of compliant drain covers. New drain covers which meet the current standard are now beginning to make their way into the marketplace. Additionally, in certain instances, public pools and spas must have additional devices or systems designed to prevent suction entrapment.

Pool and Spa Safety Regulations Update

For those of you following the Virginia Graeme Baker Act Pool and Spa Safety regulations, you may have already picked up on some new developments. For states with a good number of B & B members or other small properties with 5 or less rooms or units, the following may be of interest.

The Consumer Product Safety Commission (CPSC) recently made a proposed interpretive rule that would exempt lodging properties of 5 rooms/units or less, with the owner/operator residing in the property, from the regulations in the Virginia Graeme Baker Act (VGBA) relating to suction entrapment in pools. This would include whirlpools, hot tubs, or other "pools" available to guests.

For more information on this rule change along with a pending final interpretive rule relating to what makes a drain "unblockable", please read the links below.

Click here to view the draft for the "final" interpretive rules.

Click here to view the entry regarding this draft, including summary, in the Federal Register.

All public pool owners and operators must:

Install drain covers that meet the ANSI/ASME A112.19.8–2007 standard on every drain/grate. A list of cover manufacturers can be found here .
Install an automatic shut-off system, gravity drainage system, Safety Vacuum Release System (SVRS), suction-limiting vent system or disable the drain, if the pool operates off of a single main drain. Pools and spas with unblockable drains are exempt from this requirement. A list of SVRS manufacturers can be found here .
Ensure that dual or multiple main drains are at least 3 feet apart.

STATUS

The following federal mandates are now effective:

1. All drain covers manufactured or sold in the United States must conform to the ASME/ANSI A112.19.8-2007, "Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs," published by the American Society of Mechanical Engineers (ASME).

2. All public pools and spas (as defined by the Act), both new and existing, must be equipped with drain cover systems conforming to the ASME/ANSI A112.19.8-2007 standard.

3. All public pools and spas (pump) with a single main drain, other than an unblockable drain, must be equipped with an ASME A112.19.8-2007 compliant cover system and one or more of the following additional devices or systems: a safety vacuum release system (SVRS); suction limiting vent system; gravity drainage system; automatic pump shutoff system; or drain disablement.

Existing pools are not exempt from the new regulations. Publicly accessible pools, whether they have single or multiple drains, need new anti-entrapment drain covers that must comply with ASME/ANSI A112.19.8 performance standard. However, many of these covers are currently being developed and are not yet available.

A public pool or spa that has a single drain must have at least one additional level of entrapment protection, which could be:

Safety Vacuum Release System (SVRS) – a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. An SVRS can be installed in under an hour for about $500 - $700. Representative brands include Vac-Alert Industries, Stingl, Hayward Pool Products, and A.O. Smith Company.
Automatic Pump Shut Off System – An automatic pump shut off system.
Drain Disablement – A device or system that disables the drain.
Suction-Limiting Vent System* – a suction limiting vent system that utilizes a collector tank.
"Gravity Drainage" – a gravity drainage system that utilizes a collector tank. These devices would have been installed during pool construction. They cannot be added to an already existing pool. (From Pool Operation Management)

WEBSITES

FAQ on the Act , written by the Texas Dept. of State Health Services. Much of this document is applicable nationwide. (PDF)

CPSC compliance poster for Act . (PDF)

Companies who manufacture pool and spa drain covers of various sizes and have represented to CPSC that their covers meet the ASME/ANSI A112.19.8-2007 standard.

CPSC Guidance Document on Act, June 2008. (PDF)

Association of Pool and Spa Professionals Webpage on Act .

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