States and Local Entities and the Virginia Graeme Baker Pool and Spa Safety Act
The P&SSAct was written so the federal requirements outlined in the law would serve as a minimum standard. States and counties are permitted to be more restrictive as long as such restriction does not hinder the intent of the P&SSAct or make complying with the federal requirements difficult or impossible.
For example, drain disablement is one of five options for a secondary anti-entrapment system, though States are permitted to limit these options or even specify which of the options listed under Section 1404(c)(1)(A)(ii)(I)-(VI) of the P&SSAct are permissible.
CPSC is looking to States and counties, including state and local health departments, to assist with the enforcement of the Act. Both the CPSC and State Attorneys General are empowered to enforce the P&SSActand by working together, bringing pools and spas into compliance will be more efficient and successful.
State Swimming Pool Safety Grant Program
Whereas the federal P&SSAct applies to all public pools, Sections 1405 and 1406 encourage state and local entities to enact legislation requiring residential pools to have barriers and other mechanisms to prevent the high number of children's drownings and submersion injuries annually in the U.S.
Sections 1405 and 1406 of the P&SSAct define minimum requirements for a grant program for eligible states. The CPSC and CDC (Centers for Disease Control and Prevention) have announced that the P&SSAct’s State Grant program is now accepting applications. The CDC is administering the grant process and a funding announcement for the program is available here. The Minimum Eligibility Criteria for the States to Apply for a VGB Grant requires states to have a statute calling for all pools and spas to be equipped with barriers and entrapment prevention devices. Two documents are available for assisting states in applying for a grant. These are:
- Technical Guidance, Section 1406 of the Act: http://www.poolsafety.gov/grant.pdf and
- Model Legislation: at http://www.poolsafety.gov/modelvgb.pdf
For additional information see Sections 1405 and 1406 of the P&SSAct.
Information & Education Program
CPSC Staff are using recently appropriated funds to expand ongoing information and education programs to work with interested stakeholders at the state and local level and drowning prevention organizations.
For More Information:
- Virginia Graeme Baker Pool and Spa Safety Act
- CPSC Staff Guidelines
- Letters from CPSC's General Counsel's Office
- Pools, Spas and Everyone’s Safety: Layers of protection and the Virginia Graeme Baker Pool and Spa Safety Act [PDF]
- CPSC Staff Draft Technical Guidance on Section 1406 on Minimum State Requirements for Grant Program
Public Comment Period
- Draft Guidance Document [PDF]
