Pools, Tattoos and State Institutions Branch ~ Public Swimming Pools

Impact of the Virginia Graeme Baker Pool and Spa Safety Act on North Carolina Public Swimming Pools

Drain Safety Compliance (New!)

The Virginia Graeme Baker Pool and Spa Safety Act of 2007 established U.S. Consumer Product Safety Commission standards for pool and spa safety, including suction drain safety requirements and recommended state pool fence standards.

One of the suction drain safety requirements is that all public swimming pools must install anti-entrapment drain covers meeting the ASME/ANSI A112.19.8-2007 Standard on all suction drain outlets by Dec. 19, 2008. There are no enforcement provisions in the federal law, which leaves it up to the states to begin enforcement. 

The Division of Environmental Health is beginning the process to adopt the drain safety standards into the North Carolina Rules Governing Public Swimming Pools.  It will take about one to two years before enforcement of these provisions on public swimming pools with multiple drains, takes place in North Carolina. It is unlikely any state or local enforcement will begin before the 2010 swimming season.

In the meantime, the federal law creates a duty of care for all owners and operators of public swimming pools to install drain covers meeting the ASME/ANSI A112.19.8-2007 Standard.

What this means for public swimming pool owners is that new anti-entrapment drain covers will need to be installed on all pool suction drains. Very few drain covers installed prior to 2009 meet the new standards. Disabling existing pool drains is not an option, since that would violate current state rules resulting in denial or suspension of a public swimming pool operation permit.

Approved drain covers will need to meet the ASME/ANSI A112.19.8-2007 Standard. Drain covers meeting earlier editions of the standard are unlikely to be approved under the current standard. The new federal law prohibits commerce of the older style drains after December 2008, but pool owners need to verify the drain covers installed are not manufactured under the older standards. The only exception are drains too large to be blocked by a human body, including large-aspect covers 18-inches by 23-inches or larger and channel drains 3-inches by 31-inches or larger.

For additional information, see Frequently Asked Questions and Answers or download the Suction Hazard Law Powerpoint Presentation.