Articles
The VGB Act :: Cause and Effect
By Larry Benz—October 21, 2009
The Virginia Graeme Baker Pool & Spa Safety Act (VGB) has been read and written about more than any other issue that has hit the swimming pool industry in recent decades. This article is meant to encourage ongoing discussions and increase the education level of all involved, thus continuing to provide a safe swimming environment.
Virginia Graeme Baker, granddaughter of former Secretary of State James Baker, died after becoming entrapped on a faulty backyard swimming pool suction outlet. On December 19th 2007, President Bush signed The Virginia Graeme Baker Pool & Spa Safety Act, requiring every new and existing public swimming pool and spa in the United States to meet the requirements of this act and be certified as such by December 20 th, 2008.
No one would argue with the intent of the law in trying to eliminate the dangers of entrapment caused by submerged suction outlets. These tragedies need to be eliminated by any means possible. There are many positive aspects of the VGB Safety Act, and any effort to create a safer swimming environment should be encouraged. There are however, those who feel the VGB Safety Act was written in haste and was given an unrealistic deadline that couldn’t be met without creating even more serious problems. These include improperly installed covers and restricted flow rates, as well as un-substantiated claims by manufacturers. With that, it’s most likely that some of the early repairs and retro-fit will need to be re-worked. Ask ten swimming pool professionals whether The VGB Safety Act will achieve the ultimate goal of its originators, that is to provide a safer swimming experience, and you will more than likely get ten different answers. Listed are just a few of the arguments and potentially negative outcomes of the implementation of the VGB Safety Act.
Financial Burden and Cost to Comply
To the families directly affected by a suction outlet accident, there is no such thing as too high of a cost to comply. However, because all public pools and spas were grouped into a single category, those large water parks that are operated by gravity flow with unblockable suction outlets make the chance for entrapment nearly impossible. This type of facility was designed and has been operated as a completely safe swimming pool with respect to the entrapment issues, so it comes into reason that they should not be required to comply. Of course, finger and mechanical entrapment and means of fastening still need to be addressed, but this was usually not a factor in properly designed systems. The question of why the authors of the VGB Safety Act, and subsequently the ASME standard, didn’t include designers and representatives of the commercial swimming pool industry has never been addressed. Anyone having a “Dog in the Fight” should not have been allowed on the committees, but rather given every opportunity to offer input to those who were. One alternative has been to extend the deadlines for the types of pools that aren’t considered a high risk until more research had been done, and to also allow facility operators an opportunity to budget for the cost of replacement as some states have allowed. The timing of having to comply with the VGB Safety Act coinciding with the downturn of the economy couldn’t have met at a more difficult time for facility owners and management, but it has also generated work for manufactures, consultants and contractors in an otherwise slow market.
Early Designed Products
With the short timeline between the signing of the VGB Pool and Spa Safety Act and the deadline to comply, some of the products that were first released did little more that partially address the true goals and intent of the law. Manufacturers were given very little time to research and develop, test and obtain approval, manufacture & market products to replace existing suction outlet covers of standard sizes. It was after the deadline passed before a large, unblockable custom-sized cover was made available, with only one manufacturer being completely approved as a submerged suction outlet cover. With the Consumer Products Safety Commission sending out inspectors to randomly check for public swimming pool compliance, there will be the unfortunate facility operator who will be paying for additional work necessary to comply, or be forced to close down because of confusion. Some of the confusion can be directly related to the unclear written language the VGB Safety Act, and then painfully waiting for the CPSC to interpret the numerous requests for clarification. To date, most of these questions have been answered and are slowly working their way down to the state and local health department inspectors.
Closed Pools
There are those that argue that closing public pools that don’t comply for whatever reason will actually increase the number of swimming pool related deaths. For most children and adults alike, the neighborhood pool is their only opportunity to learn to swim. By closing pools, swimming lessons can no longer be given. To avoid pool closure, come have chosen to build spray pads and splash pads, which are basically today’s version of running through the sprinklers. These types of play areas are without standing water and have all the standard interactive water features seen in swimming pools and wading pools, but the submerged suction outlet is completely removed. This is quickly gaining in popularity, but obviously doesn’t address the public need for pool safety and education.
Tripping Hazards
Unless your swimming pool or spa has a large unblockable suction outlet, the only type of cover that can receive certification is one that has a raised or domed profile. This design is necessary to prevent a seal forming between the torso of a swimmer and the pool floor by holding the swimmer off the floor and allowing water to flow through the sides of the cover.
Some will argue that in shallow water pools this creates a tripping hazard. Hard concrete edges surrounding swimming pools combined with the potential of tripping and striking these edges can create an almost equally dangerous situation. Fortunately, with new construction, there seems to be a trend towards using a single, large area unblockable suction outlet that can be flat with the pool surface and still supply the water necessary to operate the swimming pool. By definition, any cover larger that the average torso size of 18” x 23” is considered unblockable, and as long as the flow through the unblocked portion of the cover is controlled, a flat cover on a single outlet is allowed. This can eliminate the need for multiple raised covers in an environment that entices kids to be running and playing.
For all the negative issues mentioned, there are many positive aspects of the VGB Pool & Spa Safety Act. The education and awareness of the entrapment issues that have been brought to light should be considered a success story in itself. Until VGB, there has never been the need for a pool builder or service company to have the level of knowledge necessary to understanding submerged suction outlets.
Manufactures who supply products that have been tested and certified should be working continuously ensure their products are being installed correctly. Design professionals should always be made aware of the many products available and incorporate certified covers and sumps into their overall design. They also have the added responsibility of verifying that the finished product is consistent with their design and engineering. Health departments at both the state and local level have been given a tremendous task of checking for compliance for both existing pools and new construction. Service and maintenances companies now have a critical need to be as knowledgeable as anyone involved because of the nature of their business. Anytime they service a pool, they will need to visually inspect and check that the covers are in place and secure, and to make every effort possible to inform of an unsafe condition. After all the inspections are completed and the pools are operating, the heaviest burden will fall on the service and maintenance companies, as they are the last line of awareness and continuing their education is imperative.
With the Virginia Graeme Baker Pool and Spa Safety Act, education is key. The raised awareness of everyone involved will be the driving force in achieving a safe, family-based fun loving experience for kids of all ages.
 
“Swapping Plastic” — It’s not that simple.
by Larry Benz — July 29, 2009
Lately, it seems like the only news we hear involving swimming pool construction and aquatics management relates to the enactment and enforcement of the Virginia Graeme Baker Pool & Spa Safety Act (VGB).
Aside from the obvious, the VGB is continuing to change our industry in numerous ways. A new, commonly-used phrase has recently entered our vocabulary—“swapping plastic.” This term refers to simply changing a pool's existing suction outlet cover with a new VGB-certified cover. However, in the haste to make a pool compliant, merely “swapping plastic” has become a catalyst for other problems. Although guidelines for flow rates, sump design, and other considerations have been fully outlined within the law, these issues have been perceived by some as nuances, resulting in media headlines related to noncompliance with the law.
For example, one of the largest cities in Florida recently was forced to close three of its public pools due to problems that arose from efforts to comply with the VGB. To the city's credit, the necessary steps were taken to replace their pools' existing covers with approved products. However, the city's actions addressed only part of the legislation and resulted in another equally serious problem which stemmed from the attempted retrofitting. The VGB-certified covers installed by the city to achieve compliance were undersized and did not allow the correct flow to filter the pools’ water properly. By exceeding the maximum flow rate (as required to be stamped on each cover), the grates were no longer certified as tested, thereby rendering the facility out of compliance. Moreover, by installing a cover that had a substantially reduced flow rate, the city caused an equally hazardous situation of unsafe water chemistry.
An important part of the testing that determines whether a cover is certified depends on the velocity at which the water flows through the grate. Body entrapment and hair entanglement, two of the five forms of entrapment, are directly related to the cover's maximum allowable flow rate, sump configuration, and associated piping. Installing a cover with a flow rate less than needed and operating the pool at a higher velocity completely negates the certification and approval of the cover.
State and local health departments require a certain turnover rate for a pool or spa. This is to allow for proper filtration and disinfection of the water. The turnover rate is simply the time it takes for every gallon of water in a swimming pool or spa to be cycled through the filtration system while the water is being chemically balanced. This rate varies from 15 minutes for a spa to 6 hours for a lap or diving pool. The label given to submerged suction outlet covers defines the role it plays in the recirculation of large amounts of water in such a short time.
For existing pools, an evaluation from a design professional should be performed to match the compliant cover with the turnover rate of the pool being retrofitted. Another factor in determining whether a cover is properly sized is the depth and size of the sump and associated piping. Without a complete evaluation of these three elements, the suction outlet cover may not meet the intent of the law and actually create additional hazards.
In new construction, most design teams are specifying complete grate and sump systems that were tested as a single system. With the focus of the certification process being on entrapment, fasteners, and flow rates, a complete system eliminates the need for any other type of field approval or sign-off. For the design-build contractor, a single system eliminates the need to source a design professional for the necessary approvals as the liability rests on the shoulders of the manufacturer.
The Virginia Graeme Baker Pool and Spa Safety Act was written to regulate commercial pools and spas. Since the law prohibits the manufacturing, distribution, and sale of non-compliant products within the United States, the certified covers will eventually make their way into the residential market. Although products are becoming more available for almost all situations, in the end, the overall costs associated with bringing a pool or facility into compliance can be a large undertaking. It is important to avoid those who are exploiting the law and are only interested in “swapping plastic.” As with any update or repair needed for a pool, doing the necessary homework and hiring a reputable company can save time and money. Even more important is ensuring that the replacement covers are properly manufactured and in line with the intent of the new legislation. This will give facility operators the peace of mind that comes from knowing that their pools will provide a safe and enjoyable experience for everyone.
Larry Benz is National Sales and Technical Manager for Lawson Aquatics, Inc. based in Naples, Florida. For more than 30 years, he has built, supervised and consulted on all aspects of commercial pool design, engineering and construction issues. Larry has written several articles on rim-flow pools, including a recent publication on the impact of the VGB 2008 Safety Act and the commercial pool industry.
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