The Consumer Product Safety Commission (CPSC) has revoked its interpretation of an “unblockable drain” in complying with the requirements of the Virginia Graeme Baker Pool and Spa Safety Act (VGBA). This new interpretation may impact some apartment pool operators.
The VGBA requires pool operators to install new anti-entrapment drain covers on all public pools. When a pool has a single main drain, other than an “unblockable drain,” the law requires additional layers of protection such as an automatic pump shut-off or a gravity drainage system. Prior to this change, the CPSC sometimes permitted the use of large drain covers installed on small single main drains to satisfy the requirements, eliminating the need for secondary anti-entrapment devices. The CPSC has now reversed its position. Now CPSC guidance will be amended to state: “placing a removable unblockable drain cover over a blockable drain shall not constitute an unblockable drain.”
CPSC does not plan to enforce this change before May 28, 2012. It will seek comments from pool operators regarding their ability to comply by this date.
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