Summary of changes to the Federal Virginia Graeme Baker Pool and Spa Safety Act as implemented by the State of California and Orange County Department of Environmental Health

The new law incorporates much of the current Federal Law known as the Virginia Graeme Baker Act (VGBA), enforced by the Consumer Product Safety Commission. The Federal Law required all upgrades be completed by December 19, 2008. This bulletin does not address the Federal requirements. More information on the Federal Law can be found at www.cpsc.gov

Existing Public Swimming Pools (constructed prior January 1, 2010)
Beginning January 1, 2010 California Health & Safety Code will require all existing public swimming pools be retrofitted with anti-entrapment devices or systems that comply with ASME/ANSI or ASTM performance standards (or any applicable performance standard that has been adopted by the Department) no later than June 30, 2010. Swimming pools with existing dual main drain systems need only to upgrade the type of drain covers/grates to new covers meeting the ASME/ANSI A112.19.8 performance standard. Some, but not all, of the new drain covers/grates will require a modification to the sump beneath the cover or grate. Skimmer equalizers are considered submerged suction outlets and shall also be protected by the compliant drain covers.
If a pool's single main drain system is retrofitted with an ASME/ANSI or ASTM compliant single unblockable drain cover, it is considered compliant with the new law.
Any existing public swimming pool with a single main drain, that is not protected by a single ASME/ANSI or ASTM compliant unblockable drain cover, shall be equipped with a drain cover/grate meeting the ASME/ANSI A112.19.8 performance standard and at least one or more of the following devices or systems that are designed to prevent physical entrapment by the pool drains:

Pre-approval required
A person proposing to make the above noted changes, or otherwise construct, reconstruct, or alter a public pool or auxiliary structure or equipment shall submit legible plans and specifications to Environmental Health for review and written approval prior to commencing the work. Necessary approvals shall also be obtained from the local building authority.
In lieu of plans, an over-the-counter contractor verification approval is available for licensed C-53, Swimming Pool Contractors; C-35 Pool Plasters; or A, General Contractors conducting retrofits limited to:

1.	The installation of ASME/ANSI or ASTM drain covers, requiring a sump modification, to an existing dual main drain system and/or skimmer equalizers.
2.	The installation of ASME/ANSI or ASTM single unblockable main drain covers, requiring a sump modification, to an existing single main drain system and/or installation of ASME/ANSI or ASTM drain covers to skimmer equalizers.
3.	The installation of an ASME/ANSI or ASTM drain cover in addition to the installation of an ASME/ANSI or ASTM safety vacuum release system to an existing single main drain system and/or the installation of ASME/ANSI or ASTM drain covers to skimmer equalizers.

In lieu of plans, an over-the-counter contractor verification approval is available for licensed C-61/D-35, Pool & Spa Maintenance Contractors, conducting retrofits limited to:
The installation of an ASME/ANSI or ASTM drain cover in addition to the installation of an ASME/ANSI or ASTM safety vacuum release system to an existing single main drain system. C-61/ D-35 contractors are not classified to conduct main drain sump modification per the California State License Board www.cslb.gov.


Completion Notification for Public Pools Retrofitted after January 1, 2010
Within 30 days of completion of the work a public pool owner whose pool has been retrofitted shall certify that the work was completed using the form available at http://ochealthinfo.com/regulatory/pool to Environmental Health.

Completion notification for existing Public Pools retrofitted between December 17, 2007 and January 1, 2010
A public pool owner whose pool has been retrofitted shall document completion to Environmental Health prior to September 30, 2010 as follows:

1.	Ensure pre-approval was obtained for the work.
2.	Submit the form, available at http://ochealthinfo.com/regulatory/pool.
3.	Or, in lieu of this form, a. Provide a signed statement attesting that the required work has been completed, and b. Provide a document containing the name and license number of the qualified individual who completed the required work, and c. Provide either a copy of the final building permit, if required by the local agency, or a copy of one of the following documents if no permit was required: i. A document that describes the modification in a manner that provides sufficient information to document the work was done to comply with the federal law. ii. A copy of the final paid invoice. The amount paid for the services may be omitted or redacted from the final invoice prior to submission.