Dear WH&LA Lodging Member:
We recently heard from a lodging member who just recently had an inspector tell them that they had to replace their special entrapment-proof drain cover every five years, which equates to now, as the drain was installed five years ago in compliance with the federal Virginia Graeme Baker Act (VGBA), a federal law with certain requirements preventing the accidental entrapment of people in public pools. Upon contacting the State Department of Health Services (DHS), which has oversight over state public pool regulations and which also requires documentation for compliance with the VGBA, the WH&LA received the following statement:
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The Federal Virginia Graeme Baker Pool and Spa Safety Act went into effect on December 19, 2008. The Department of Health Services (DHS) recognizes that this is a federal requirement. In addition, chapter DHS 172, Wis. Adm. Code, requires facility operators to show documentation that they are in compliance with federal and state laws. As a result, DHS required documentation of compliance to be provided upon inspection by July 1, 2011.
To answer your question, yes, pool operators are required to replace the VGBA components (main drains and equalizer covers) prior to the expiration of the lifespan. VGBA components have life spans starting at 5 years and go up to 20+ years; it really all depends on the make and model. The Consumer Protection Safety Commission (CPSC) tested each make and model VGBA components to determine their life spans. I have attached a quick fact sheet that has some useful information on it as well.
Numerous pool facilities throughout Wisconsin has notified us of the presence of federal inspectors from the CPSC who randomly inspect public pools to determine if they are within compliance with the federal VGBA regulations. The federal inspectors can/will close the pool and issue fines if they are found to be expired or without proper documentation.
Wisconsin inspectors are required to evaluate VGBA documentation and/or through visual verification to determine if the VGBA drain covers and devices have exceeded their life spans."
The DHS included their fact sheet "Virginia Graeme Baker Act Continued Compliance for Drain Covers" to provide further information on specific life spans for different VGBA drain covers and actions to be taken by pool operators, which you will also find helpful. Please be sure to check your drain cover(s) type to identify the specified life span that will let you know when you must replace these covers.
If you have specific questions beyond this relating to inspections of public pools relating to the VGBA, either contact your local public health inspector or at the state level contact Samantha Fiscus, DHS Recreational Water & Body Art Program Manager at samantha.fiscus@dhs.wisconsin.gov.
