SAN DIEGO COUNTY AQUATIC COUNCIL TO HOST FORUM FOR COMPLIANCE WITH THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT

On December 19 the Virginia Graeme Baker Pool and Spa Safety Act will become law, and many public pools have not complied with the new legislation due to confusion regarding the legislation that will be enforced by the Consumer Safety Product Commission. The San Diego County Aquatic Council will host a FREE public forum to provide the most updated information about how to comply.  The forum will be on Thursday December 4 from 2 to 4 pm at the Lawrence Family Jewish Community Center located at 4126 Executive Drive in La Jolla. Admission is free and open to anyone.

The Virginia Graeme Baker Pool and Spa Safety Act is a federal attempt to eliminate injuries and death resulting from entrapment. Since 1984 there have been 34 fatalities nationally resulting from incidents of entrapment at swimming pools and spas, including the granddaughter of former Secretary of State Baker for whom the law is named. The law was passed on December 19, 2007 and it requires the replacement of main drain covers with ASME/ANSI A112.19.8 approved covers. The law also requires that pools with a single main drain that is unblockable be outfitted with an additional device or system to prevent entrapment. Failure to comply carries a potential $1.825 million dollar fine and willful violation is subject to criminal penalties, including imprisonment. The law affects all public pools and spas but does not affect single family residential pools.

While the intent of the bill is a significant step forward in drowning prevention, the timeline that was established by the legislation has not allowed sufficient time for pool operators to become compliant. Because there is a significant difference in the size and shape of drain covers, at this time there are some types of drain covers that cannot be replaced with the new ASME/ANSI A112.19.8 compliant covers because they have not been manufactured. This has created a situation where responsible pool operators are in jeopardy of becoming prey to unscrupulous and inexperienced contractors who do not understand the law.

The Consumer Safety Product Commission has released some information providing details on how to become compliant, but much confusion remains about how this law will be enforced, particularly since some facilities are incapable of complying. The San Diego County Aquatic Council has assembled a group of local experts to help operators and the general public understand how to become compliant.

"As drowning prevention advocates we believe that this law will help to eliminate entrapment incidents, which are inexcusable and completely preventable," says Manuel Gonzalez, President of the San Diego County Aquatic Council, "however, the manner in which this legislation has been enacted has set up the industry for failure. As it stands, this law threatens to severely damage aquatic operations throughout the United States since pools that are not in compliance must close on December 19."

The San Diego County Aquatic Council is a non-profit organization designed to further aquatic programs within the county. Most municipal agencies and several private aquatic organizations in San Diego County are members of the SDCAC. For more information about the Virginia Graeme Baker Pool and Safety Act, visit the Council website at www.sdaquatics.com and follow the link or type in http://www.sdaquatics.com/virginiagraemebakerpoolandspasafetyact.