Answer: In December, 2007, President Bush signed into law the Virginia Graeme Baker Act. This new law requires safety improvements at public pools and spas to prevent drowning and entrapment.

Answer: December 19, 2008

Answer: The Act requires three basic things for all public pools and spas.

1. The first requirement is that the main drain grate/cover be replaced with one that meets the requirements of the new ASME/ANSI A112.19.8-2007 performance standard, "Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs".

2. The second requirement is that the direct pump suction drainage system entrapment hazard be mitigated by one of six methods, i.e., changes to the recirculation system.

3. Grates/covers manufactured, distributed, or entered into commerce in the United States shall conform to the new federal standard.

Answer: The Consumer Product Safety Commission is the authorized enforcement agency.

Florida’s newer public pools (since 1977), and spas (since 1993), built with gravity drainage to a collector tank would only need to replace the main drain grate/cover to comply with this Act. This is about 80% of all the pools in Florida.

Some older spas were built with a suction-limiting vent system with a tamper-resistant atmospheric opening. These facilities, also, will only need to replace their main drain grate/cover to be in compliance with the federal Act.

Answer: Direct suction pools will have to comply with the federal Act which requires replacement of the grate/cover to meet the ASME/ANSI standard and mitigation of the suction entrapment hazard. Although there are six options allowed under the federal Act for entrapment mitigation, Florida rules have required gravity drain systems for pools since 1977 and since 1993 for spas. Older Florida pools and spas that require modifications to meet the federal Act are encouraged to retrofit to the current Florida rules requiring a gravity drain system with collector tank.

Answer: An owner may choose to install one of the suction entrapment mitigation federal Act-listed devices at their option, at this time, to be in compliance with the federal Act. If the pool/spa is modified with a gravity drain system with collector tank, then this modification will require a DOH modification permit. Any other federal Act-listed device may be installed into the pool /spa recirculation system without CHD approval or involvement since they are not allowed or approved by Florida’s pool code.

Answer: The first concern is availability of grates/covers that meet the Federal Standard and Chapter 64E-9, Florida Administrative Code. At present, there are few, if any, drain grates/covers on the market that meet the federal standard and Florida’s rule.

The second concern is that gravity drained pool grates/covers require an engineered minimum amount of open area to provide adequate water flow to the collector tank, when gravity alone creates the flow through the main drain grate, for the pool treatment system to function properly. Florida’s Rule also restricts

the velocity of the water through the grate/cover to no greater than 1.5 feet per second (fps). With the limited hydraulic force available by gravity drainage through the open area, water must pass through the grate at sufficient quantity to feed the design capacity of the collector tank and pump. Otherwise there will be a malfunction of the water treatment system.

Answer: DOH has alerted many grate/cover manufacturers to the concerns so that grates/covers can be manufactured with adequate open area while also meeting the new ASME/ANSI standard.

DOH will post the list of main drain grates/covers on its webpage with make, model, open area and maximum flow for those that meet the federal law and state rules, as they become known. See www.floridashealth.com and pull down the A-Z topics to Swimming Pools.

Answer: There are many grates/covers on the market now that are federally approved and can be used now. The grate/cover installed need to be rated for the design flow of the recirculation and hydrotherapy system in place at 1.5 fps velocity.

Answer: The contractor or owner must submit a contractor signed statement to the County Health Department (CHD) or Regional engineer that they have replaced the grate/cover to be in compliance with the 2007 ASME/ANSI A112.19.8 standard, and that it meets Florida rule requirements. The statement must include the name of the manufacturer, the model of the grate/cover installed, the open area of the grate, and that they have installed it as specified by the manufacturer. If the grate/cover complies with the Florida requirements, an acknowledgement letter will be issued to the owner that says they have complied with the state rule. This applies for direct suction and gravity drained facilities.

Answer: Only a Florida licensed pool contractor.

Answer: Where a problem with the grate/ cover open area vs. flow or velocity is discovered, a pool inspection form will be completed by the CHD as unsatisfactory and require a pool closure until corrected.

If the model used is not certified under the ASME/ANSI standard but meets State rules, DOH will not provide an inspection form since this is not a Florida rule violation at this time, however, a letter stating that the grate/ cover does not meet the ASME/ANSI standard may be issued to the owner as a courtesy. CPSC has the enforcement authority in this situation.

Answer: Where the simple replacement of a new drain grate/cover cannot be achieved, the pool owner shall apply for a modification permit to the CHD or Regional engineering office on the current modification forms with engineering documents, and the fee.

Field certification by a professional engineer is allowed in the ASME/ANSI standard as well. For additional information on this procedure, please review the federal Act referenced standard and discuss your situation with a Florida licensed professional engineer.

Answer: The Florida public swimming pool code, Chapter 64E-9, FAC, is currently under revision, and DOH has proposed to require phased-in gravity drain retrofitting during the next one to five years, based on risk. All older pools and spas with suction main drains would be required to be modified to gravity drainage with a collector tank system. If the Code is promulgated as drafted, Florida will only allow the use of gravity drains with collector tanks to mitigate suction entrapment on older pools and spas.