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Swimming pool drain info

mtlogcabin

SAWHORSE
Joined
Oct 17, 2009
Messages
9,484
Location
Big Sky Country
Dear Official,

On Wednesday, September 28, 2011, the Consumer Product Safety Commission voted to reverse a prior “interpretive rule” on the definition of an “unblockable drain,” as the term is used in the Virginia Graeme Baker Pool and Spa Safety Act. The original interpretation defined unbockable drains to include the drain cover, meaning that a suction fitting (drain) with an unblockable cover which fit into a smaller, blockable sump would be classified as unblockable. Under the VGBA, public pools that have a single drain that is not unblockable must install one or more additional devices, such as an SVRS, automatic pump shut off, gravity drainage system or suction limiting vent system. A pool with an unblockable drain is exempt from these additional requirements.

What it Means

As a result of Wednesday's vote, a revised interpretive rule will be issued, defining an unblockable drain to include the sump, but not the suction fitting or drain cover. If the sump is not unblockable, then the drain is not. The reversal will also be retroactive. Therefore single drain pools with a smaller sump which invested in an unblockable drain cover will now have to install one or more of these additional devices. The current deadline for compliance by existing pools is May 28, 2012.

The deliberation and vote revealed a deeply divided Agency. Chairman Tenenbaum and Commissioners Moore and Adler voted to repeal the original rule, with Commissioner Adler reversing his original vote. Commissioners Nord and Northup voted against repeal, voicing vehement objections. Both Nord and Northup moved that the vote be postponed so as to allow for public comment and that existing pools be grandfathered in. Both motions were rejected by a 3-2 vote as well. While the Commission has stated that it is seeking comments specifically with regard to the effective date, Commissioner Northup openly encouraged all interested parties to submit additional comments with regard to the impact of the revised rule on safety, as well as on the cost of compliance.

APSP’s Action & Plan Forward

While the CPSC did not solicit public comments before the vote, the APSP submitted a letter urging the Commission to adhere to its original vote. The APSP letter emphasized the substantial investment by manufacturers, distributors, retailers, builders, installers, and owners and operators in reliance on the original interpretation, and the fact that there have been no reported incidents of entrapment or of VGBA compliant or unblockable covers coming loose or breaking. If a drain cover does break or come loose, the VGBA and the ANSI/APSP -7 Standard require that the pool or spa be closed. Comments were also submitted by several municipalities and counties urging that the original interpretation stand.

Once the CPSC had announced its intention to revisit this issue, it was expected that Commissioner Adler had changed his mind and APSP anticipated this vote. Because the Commission has allowed a 60 day public comment period for affected parties to provide input on the compliance date of May 28, 2012, APSP will be working hard with other affected parties to ensure that all concerns are heard. The Commission has kept the door open for further comments and APSP member interests will be voiced.

The CPSC has made available a replay of the vote. I encourage you to watch at http://www.cpsc.gov/webcast/previous.html.

APSP will, as always, keep you informed of any updates.

Sincerely,

Carvin_Signature(2).GIF


Carvin DiGiovanni,

Senior Director, Technical & Standards

 
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