The Virginia Graeme Baker Act

Swimming Pool Drain Covers: New Federal Law Took Effect December 19, 2008

As a reminder, the new federal pool safety law became effective December 19, 2008. As of that date, all public pools and spas, including those located in apartment communities, must be equipped with new approved anti-entrapment drain covers.

• It prohibits the manufacture, sale or distribution of suction outlets and covers (drain covers) that are not ASME/ANSI A112.19.8-2007 certified.
• And, it requires all public pools and spas to be equipped with proper anti-entrapment drain covers by 12/19/08 as well as other devices if operating a pool with a single main drain.

However, Texas law and rules will continue to apply to public pools and spas because most of the state law requirements meet or exceed the requirements of the new federal law, with the exception of the drain cover requirements. Since Texas requirements are as stringent as or more stringent than the new federal law, following the state regulations will mean that your pool and spa will be in compliance with both state and federal law, except for drain cover requirements.

There is an important change for those operating public pools and spas in Texas relating to drain covers. The Texas Department of State Health Services (TDSHS), which oversees regulations for public pools in the state, has recently clarified its guidance on the impact of the new federal regulations on drain covers in light of Texas law.

All public pools or spas must be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8-2007 performance standard or any successor standard by December 19, 2008.

According to TDSHS, if a public pool or spa is closed and will not reopen until the 2009 swimming season, replacement of the non-ASME/ANSI A112.19.8-2007 drain covers can be delayed. However, the pool or spa cannot be reopened until the non-compliant covers are replaced.

Specifically, the federal law, as it relates to drain covers, supersedes the state rule in the Texas Standards for Public Swimming Pools and Spas, which has allowed drain covers in pre-10/01/99 and post-10/01/99 swimming pools and spas to meet the 1996 ASME/ANSI A112.19.8M standard. In addition, the federal pool law supersedes any local ordinance or any national standard that conflicts.

Identifying Compliant Drain Covers

ASME Emblem All approved drain covers that are ASME/ANSI A112.19.8-2007 compliant must have the following markings:

• Embossed or permanent marked with the ASME seal referencing the A112.19.8-2007 standard, which is visible when installed, or the ASME A119.19.8 logo followed by the year of the standard.
• Covers may also include the text "ASME A112.19.8-2007," a flow rating "Life: X Years" and manufacturer and model.

For a list of approved drain covers, visit the CPSC resource page at:
http://www.poolsafety.gov/draincman.html

Additionally, Texas rules currently allows the use of grates that are 12" x 12" or greater and do not meet the older ASME/ANSI A112.19.8M standard. However, under the new federal law, all 12" x 12" or greater covers or grates must meet the ASME/ANSI A112.19.8-2007 standard.

Also, current Texas rules allow an AVS (atmospheric vent system) to be used as an approved method of protecting against entrapment, entanglement, or evisceration. However, the new federal law will not allow the use of an AVS until there are international standards developed and published by ASTM with a test process to assess performance.

If you are uncertain about which drain covers or other equipment you need to comply with the new federal law, consult a reputable swimming pool service provider for further guidance.

You can also get more information on the new federal law at the Texas Department of State Health Services swimming pool resource page at http://www.dshs.state.tx.us/poolspa/baker.shtm.