The Virginia Graeme Baker Pool and Spa Safety Act (VGBA) is a United States law named after Virginia Graeme Baker, who died after sustaining a pool suction-drain injury in June 2002, when the suction from a spa drain entrapped her under the water. It is incorporated as Title 14 of the U.S. Energy Independence and Security Act of 2007 (EISA Title 14, Pub.L. 110-140). This act became enforceable law on December 19, 2008.
The goals of the VGBA were to enhance the safety of public and private pools and spas, to reduce child drownings, to reduce the number of suction entrapment incidents, injuries and deaths; and to educate the public on the importance of constant supervision of children in and around water.
Virginia Graeme Baker was a seven-year-old girl who drowned when she was trapped underwater by the powerful suction of a hot tub drain. She was simply called "Graeme" and was the second youngest of five daughters including a twin. She was a proficient swimmer for her age and had been able to swim on her own since the age of three. Additionally, she was a member of her community swim and dive team. Her parents are Nancy and James Baker IV. James Baker is the son of former Secretary of State James Baker III. [1] [2]
In June 2002, Graeme was stuck to a hot tub drain by suction. Efforts by her mother to free her were unsuccessful and when two men eventually were able to free her (postmortem), the drain broke from the force. Although Graeme drowned, her official cause of death was "suction entrapment due to a faulty drain cover". Following Graeme's death in June 2002, her mother, Nancy Baker, began work to advocate pool and spa safety. She began lobbying Congress to pass legislation to require anti-entrapment drain covers as well as other pool and spa safety devices. EISA was introduced to Congress on January 12, 2007, and signed into law on December 19, 2007, by President George W. Bush. [3]
Abigail Rose Taylor was a young girl from Edina, Minnesota, whose accidental injury and eventual death led to federal legislation to improve the safety of swimming pools. [4] [5]
On June 29, 2007, six-year-old Taylor’s parents took her to the Minneapolis Golf Club in St. Louis Park, Minnesota. Taylor accidentally fell on the open drain of the pool and her buttocks were sucked into the aperture. The suction dislodged a large section of her small intestine, which was forcefully drawn out through the anus, a phenomenon known as transanal evisceration. Taylor lost 6.5 meters (21 feet) of her small intestine in the accident, leaving her with short bowel syndrome. Taylor was hospitalized and received a rare triple organ transplant to replace her small intestine, liver, and pancreas, all of which were damaged in the accident. She was unable to eat or drink, and she required total parenteral nutrition. [6] [7] Taylor died nine months after the accident because of a transplant-related cancer.[ citation needed ]
The incident was similar to a 1993 incident in North Carolina involving Valerie Lakey. The pool drains in question in both the Taylor and the Lakey cases were manufactured by Sta-Rite, a division of Minnesota-based Pentair. [8] Lakey received a $25 million settlement with the help of lawyer (and later Senator) John Edwards. [9]
Consumer Product Safety Commission staff began investigating reported incidents of swimming pool/spa suction entrapment incidents in the 1970s. Such incidents included entrapment of hair, body, limb, evisceration or disembowelment and mechanical entrapment of jewelry or bathing suits. From 1999 to 2007 for all age categories records were examined. In 2007, for all age categories, there were 74 reports of circulation entrapments. Individuals in the 5- to 9-year-old category had the highest frequency of entrapment reports. [10]
Pool/Spa | Deaths | Injuries |
---|---|---|
Public | 2 | 20 |
Residential | 7 | 33 |
Unknown | 0 | 10 |
Gender | ||
Male | 4 | 28 |
Female | 5 | 35 |
Between January 1985 and March 2002, there were 147 confirmed, recorded suction-entrapment incidents, according to Consumer Product Safety Commission records. 51 of those were hair entanglement, 79 body or limb entrapments (including three eviscerations), four mechanical (jewelry, etc) and 13 unknown. Of the 147 incidents, 36 resulted in deaths. [11] While the first documented case is unclear, lawyer John Edwards points to a case in 1974. [9]
According to the National Safety Council (NSC), 172 children under the age of 15 drowned in pools or spas between Memorial Day and Labor Day in 2010. An additional 180 children under the age of 15 were injured. The NSC is further calling for increased vigilance by parents and pool/spa owners. They suggest precautions such as four-sided fences for pool/spa areas, alarms on all doors accessing pool/spa areas, heavy duty pool covers, anti-entrapment drains and close supervision of children near pools/spas. [12]
A drain is defined as a plumbing fitting installed on the suction side of a pump in a pool, spa or hot tub. Drains are now required to be "unblockable." This term has previously been defined in the "definitions" section. Four main ways of keeping a drain from being blockable are outlined as: large aspect covers; long channels; large outlet grates; and circulation designs that do not include fully submerged suction outlets. In the United States, if a pool or spa does not employ an unblockable drain, it must include, at a minimum, one of the following safety systems: a safety vacuum-release system (SVRS) as defined in "definitions;" a suction-limiting vent system with a tamper-resistant atmospheric opening; a gravity drainage system that utilizes a collector tank; an automatic pump shut-off system; a device or system that disables the drain or any other system certified by the consumer product safety commission. [13]
There are 7 definitions given under title XIV of EISA 2007.
The following definitions are directly quoted out of EISA 2007:
(1) ASME/ANSI — The term 'ASME/ANSI' as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. [14]
(2) Barrier — The term 'barrier' includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. [14]
(3) Commission — The term 'Commission' means the Consumer Product Safety Commission. [14]
(4) Main Drain — The term 'main drain' means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump. [14]
(5) Safety Vacuum Release System (SVRS) - The term 'safety vacuum release system' means 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. [14]
(6) Swimming Pool; Spa — The term 'swimming pool' or 'spa' means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools. [14]
(7) Unblockable Drain — The term 'unblockable drain' means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. [14]
There is a federal requirement for public pools that preempts the state or local law, as of December 19, 2008, and further regulations are in addition to it:
Sec. 1404: Top Priority for Public Pool And Spa Owners/Operators All pool/spa drain covers manufactured, distributed or entered into commerce on or after December 19, 2008, must meet ASME/ANSI A112.19.8– 2007. All public pools and spas must be retrofitted with covers that meet the ASME/ANSI A112.19.8– 2007 standard. All public pools and spas that have a single drain other than an unblockable drain must employ one or more additional options.
A pool contractor should verify that the pool and/or spa is in compliance with the federally mandated Virginia Graeme Baker Pool & Spa Safety Act which takes effect December 19, 2008. If the pool is not in compliance, the necessary steps should be taken to comply with the Act, which, in essence, specifies that:
In addition, all public pools and spas with a single main drain - other than an un-blockable drain - shall also employ one or more of the following devices: separated drain system per ANSI/APSP 7, safety vacuum release system (SVRS) that complies with ANSI/ASME A112.19.17 or ASTM F2387; suction-limiting vent system; gravity drainage system; automatic pump shutoff; drain disablement; equivalent system determined by the CPSC.
The definition of un-blockable drain in the Act is a "drain sump of any size or shape that a human body cannot sufficiently block to create a suction entrapment issue."
Link to the Act: Title XIV—Pool and Spa Safety Act
The VGBA requires all drain covers to either be manufactured products or to be field fabricated outlets", in each case meeting the specific technical requirements of the act and having the necessary certification.
The PSSA requires a safe and secure connection between the cover and sump. A new, compliant cover that fits securely into a pre-existing sump is accepted under certain conditions.
These are used in conjunction with an approved main drain cover and skimmer. SVRS are a type of device that are tested to respond to a full vacuum, stopping and releasing a vacuum within 4.5 seconds after a drain is fully blocked. These systems must be tested and certified to be in conformance with ANSI/PSPS/ICC-7-2013 “Manufactured Safety Vacuum Release Systems (SVRS) for Residential and Commercial Swimming Pool, Spa, Hot Tub, and Wading Pool Suction Systems” or ASTM F2387 “Standard Specification for Manufactured Safety Vacuum Release Systems (SVRS) for Swimming Pools, Spas and Hot Tubs.” These standards establish requirements for manufactured SVRS devices: the dimensions and tolerances, materials, installation instructions, testing requirements, and markings and identification. An SVRS can be installed as an independent system or Can be incorporated as part of the pool pump.
As of December 19, 2008, it became unlawful to manufacture for sale, offer for sale, distribute in commerce or import into the United States any pool/spa product that is not within conformity to the new pool/spa safety rule, 15 U.S.C. § 2068(a), or the new drain standards, ASME/ANSI A112.19.8. [13]
Any person who knowingly manufactures, sells, distributes or imports a device of noncompliance shall face penalties up to the maximum of $1.825 million. Congress is considering raising this amount to $10 million per offense. Imprisonment is also allowed for this offense, however sentencing term guidelines are not outlined. Criminal and civil penalties could also ensue if any person knowingly does not report the practice of another manufacturing, selling, distributing or importing a noncompliance product. [13]
Pools and spas that are not in operation on December 19, 2008, do not need to meet the new safety standards until they intend to reopen. [13]
The American National Standards Institute is a private nonprofit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The organization also coordinates U.S. standards with international standards so that American products can be used worldwide.
A vacuum pump is a type of pump device that draws gas particles from a sealed volume in order to leave behind a partial vacuum. The first vacuum pump was invented in 1650 by Otto von Guericke, and was preceded by the suction pump, which dates to antiquity.
A vacuum ejector, or simply ejector is a type of vacuum pump, which produces vacuum by means of the Venturi effect.
The United States Consumer Product Safety Commission is an independent agency of the United States government. The CPSC seeks to promote the safety of consumer products by addressing "unreasonable risks" of injury ; developing uniform safety standards ; and conducting research into product-related illness and injury. In part due to its small size, the CPSC attempts to coordinate with outside parties—including companies and consumer advocates—to leverage resources and expertise to achieve outcomes that advance consumer safety. The agency was created in 1972 through the Consumer Product Safety Act. The agency reports to Congress and the President; it is not part of any other department or agency in the federal government. The CPSC has five commissioners, who are nominated by the president and confirmed by the Senate for staggered seven-year terms. Historically, the commission was often run by three commissioners or fewer. Since 2009, however, the agency has generally been led by five commissioners, one of whom serves as chairman. The commissioners set policy for the CPSC. The CPSC is headquartered in Bethesda, Maryland.
Jacuzzi is an American private company that manufactures and markets hot tubs, pools, and other bath products. It is best known for the Jacuzzi hydrotherapy products. The company is headquartered in Irvine, California. It is the largest hot tub manufacturer in Europe with eight factories, the largest being in Italy.
A hot tub is a large tub full of water used for hydrotherapy, relaxation or pleasure. Some have powerful jets for massage purposes. Hot tubs are sometimes also known as "spas" or by the trade name Jacuzzi. Hot tubs may be located outdoors or indoors.
A swimming machine, also known as a resistance swimming apparatus, is a self-contained device powered by a pump, designed to facilitate stationary swimming for athletes or recreational users. This can be achieved by either propelling water past the swimmer or providing support for the swimmer, either within a water environment or on dry land.
An automated pool cleaner is a vacuum cleaner that is designed to collect debris and sediment from swimming pools with minimal human intervention.
A swimming pool fence is a type of fence placed around swimming pools, to create a passive barrier to restrict the access of small children to the swimming pool. Swimming pool fences must have a self-closing and self-latching gate/s to be compliant to most countries' laws and codes.
A grease trap is a plumbing device designed to intercept most greases and solids before they enter a wastewater disposal system. Common wastewater contains small amounts of oils which enter into septic tanks and treatment facilities to form a floating scum layer. This scum layer is very slowly digested and broken down by microorganisms in the anaerobic digestion process. Large amounts of oil from food preparation in restaurants can overwhelm a septic tank or treatment facility, causing the release of untreated sewage into the environment. High-viscosity fats and cooking grease such as lard solidify when cooled, and can combine with other disposed solids to block drain pipes.
Swimming pool sanitation is the process of ensuring healthy conditions in swimming pools. Proper sanitation is needed to maintain the visual clarity of water and to prevent the transmission of infectious waterborne diseases.
A drain is the primary vessel or conduit for unwanted water or waste liquids to flow away, either to a more useful area, funnelled into a receptacle, or run into sewers or stormwater mains as waste discharge to be released or processed.
A swimming pool service technician is a person who maintains swimming pools, including keeping the water clean and safe by fixing pool equipment such as pumps, motors and water filters.
Designated as an American National Standard, the Uniform Swimming Pool, Spa and Hot Tub Code (USPSHTC) is a model code developed by the International Association of Plumbing and Mechanical Officials (IAPMO) to govern the installation and inspection of plumbing systems associated with swimming pools, spas and hot tubs as a means of promoting the public's health, safety and welfare.
A swimming pool, swimming bath, wading pool, paddling pool, or simply pool, is a structure designed to hold water to enable swimming or other leisure activities. Pools can be built into the ground or built above ground, and may be found as a feature aboard ocean-liners and cruise ships. In-ground pools are most commonly constructed from materials such as concrete, natural stone, metal, plastic, composite or fiberglass, and can be of a custom size and shape or built to a standardized size, the largest of which is the Olympic-size swimming pool.
IAPMO R&T was started in 1936 as a third-party listing agency specializing in plumbing and mechanical products. IAPMO R&T is accredited to certify products that meet the criteria of the Uniform Plumbing Code, Uniform Mechanical Code, Uniform Solar Energy Code, Uniform Swimming Pool, Spa and Hot Tub Code and other nationally recognized codes and standards in North America.
Chest drains are surgical drains placed within the pleural space to facilitate removal of unwanted substances in order to preserve respiratory functions and hemodynamic stability. Some chest drains may utilize a flutter valve to prevent retrograde flow, but those that do not have physical valves employ a water trap seal design, often aided by continuous suction from a wall suction or a portable vacuum pump.
Peter A. Feldman is an American lawyer and currently serves as a member of the U.S. Consumer Product Safety Commission. Feldman was nominated by President Donald J. Trump and confirmed by the U.S. Senate in 2018. Previously, he served as a senior counsel to the Commerce Committee in the U.S. Senate. Feldman is a Republican, and worked as a staffer for various Republican senators.
Pool suction-drain injury, also known as suction entrapment, occurs when the drain of a wading pool, swimming pool, hot tub, or fountain sucks in a swimmer's jewelry, torso, limbs, hair or buttocks. In some cases of buttocks entrapment, victims are disemboweled. In the United States, 147 incidents were documented between 1985 and 2002 of which 36 were fatal. In 1982, the Consumer Product Safety Commission reported that five children were disemboweled by drains in wading pools and urged pools to install covers on drains.
A skimmer or surface separator is an essential accessory for the maintenance and cleaning of the water in a swimming pool. It is used to remove all the surface dirt floating on the water surface, such as leaves, tanning oil and human secretions. These impurities remain suspended on the surface, affect the appearance of the water and are not always removed by the conventional vacuuming process. The skimmer is installed directly in the surface water suction system and also has the function of controlling the water level to prevent accidental overflows. In the United States and Portugal, the use of skimmers in the construction of swimming pools is mandatory, regulated and standardized by competent bodies.
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