Presentation on theme: "California AB1020 Paul Pennington A Pain in the Drain?"— Presentation transcript:
1 California AB1020 Paul Pennington A Pain in the Drain? Chairman and FounderRev: CA-N (AB1020)
2 About the Pool Safety Council 501(c)(4) non-profit organization dedicated to the prevention of child drowning nationwide. Operates exclusively for the promotion of social welfare.Responsible for helping craft the Virginia Graeme Baker Pool & Spa Safety Act and the California law, Assembly Bill 1020.Headquartered in Washington, D.C, with an administrative office in California, and a state-of-the-art testing and research facility near Tampa, FL.Work with other safety organizations including Safe Kids USA, Drowning Prevention Foundation, and US Consumer Product Safety Commission.
5 PSC Frequently Asked Questions Do I need to drain my pool and install dual drains?Received over 100 calls (mostly apartment building managers) who received bids reading – “split drains as required by VGB and state law”.No where in AB1020 and VGB does it say split drains are an optionIs a skimmer equalizer line required to have compliant drain covers and/or an SVRS installed?Who is allowed to perform retrofit work on my pool?What is a main drain?
6 Federal Consequences for Non-Compliance CPSC Letter to a Non-Compliant Pool “Operating a pool or spa that does not comply with the requirements mandated by the VGBA is a violation of Section 1404(c)(1)(A)(ii) and shall be considered a Prohibited Act under Section 19(a)(1) of the Consumer Product Safety Act (“CPSA”), 15 U.S.C. § 2068(a)(1). As a result, you and the pool or spa owner could be subject to fines of $100,000 for each violation up to a maximum of $15 million for any related series of violations, imprisonment for not more than five (5) years, and/or forfeiture of assets, pursuant to Sections 20 and 21 of the CPSA, 15 U.S.C. §§ 2069 and 2070.“The staff requests that you immediately stop operating the pool or spa until it can be brought into compliance with the VGBA. Please respond in writing within 10 working days from the date that you received this letter outlining the specific actions you plan to take to address the violation described herein.”
7 Skimmers and Equalizer Lines From California AB1020 – (a)(7)“….a skimmer line is not a main drain.”From CA Department of Public Health “Frequently Asked Questions Regarding the Public Pool and Spa Safety Act – AB 1020”“AB 1020 does not require drain covers or any other anti-entrapment devices for skimmer equalizer lines. Health and Safety Code Section (a)(7) specifically excludes a skimmer equalizer line from the definition of a main drain. The definition for skimmer equalizer line specifically states that ‘a skimmer equalizer line is not a main drain.’ As a result, by excluding a skimmer equalizer line from the definition of a main drain, the provisions of the law regarding anti-entrapment devices do not apply to skimmer equalizer lines."
8 Skimmers and Equalizer Lines From CPSC “Frequently Asked Questions” website:“…skimmer equalizer lines are submerged drains and must either be covered (with an ASME/ANSI A compliant cover) or plugged. Equalizer lines are not considered to be main drains based on the CPSC staff’s interpretation of the law.”Skimmers are not considered to be apart of a “multiple drain system”. Skimmers are designed to collect leaves and debris, therefore we cannot assume they will function as a drain in a “multiple drain system”.
9 “Required” language in AB 1020 California Health and Safety Code section (d)“…every public swimming pool with a single main drain that is not an unblockable drain shall be equipped with at least one or more of the following devices or systems that are designed to prevent physical entrapment by pool drains…”
11 AB 1020-Approved Drain Covers and Safety Devices From CA Department of Public Health “Frequently Asked Questions Regarding the Public Pool and Spa Safety Act – AB 1020”“To avoid confusion with product information already being provided by the Consumer Product Safety Commission (CPSC), CDPH does not anticipate publishing a list of ‘approved equipment’. A complete listing of drain cover manufacturers who have received certification to the ASME/ANSI A standard can be found at“In addition, a list of certified safety vacuum release system (SVRS) manufacturers can be found at
12 CPSC list of ASME/ANSI A112.19.8 Approved Drain Covers A&A ManufacturingAquaStar Pool Products, Inc.Afras Industries, Inc.BALBOA Water GroupBeeSafe SystemsColor Match Pool FittingsCurrent Systems, Inc.Custom Molded Products, Inc.Drain Safe/New Water SolutionsEureka Manufacturing Co.Hayward Pool Products
13 CPSC list of ASME/ANSI A112.19.8 Approved Drain Covers Healix Enterprises, Inc.Lawson Aquatics, Inc.Neptune-Benson, Inc.Paddock Pool Equipment Co.Paramount Pool and Spa SystemsPentair Water Pool and SpaSan Antonio Gary Equipment CompanyTriodyne Safety Systems, LLCWaterway PlasticsWorld Wide Sports, LLC
15 CDPH Compliance Flowchart “And if not split drain or not unblockable single main drain, then must also retrofit with at least one secondary safety device/system (Safety Vacuum Release System, Suction-Limiting Vent System, Gravity Drainage System, Automatic Pump Shut-Off System, and/or Equally Effective System) by July 1, 2010”.
16 Frequently Asked Questions Should I install split drains or install a safety backup system for my single drain pool or spa?
17 Danger of Dual Drains without Backup Suction Outlet 2Suction Outlet 1Both suction outlets are blocked by leaves and debris – Donald Swisher entrapment.
18 Single Drains Appearing as Dual Drains Wheaton Sports Center, Wheaton, Illinois. The child, Alex Martinez got stuck to a suction outlet, where he was held underwater for 1 to 2 minutes. The pool has dual main drains, however one of the drains was disabled, as the pool builder left a drain plug in the piping.Alex Martinez was stuck to a drain grate, suffered ecchymosis, contusion, and abrasions to his back.
19 Single Drains Appearing as Dual Drains The Associated Press, July 2006“Aljuwon Pipkin, who was visiting from Newark, N.J., was released from the hospital a week after the July 13 incident. Officials said a grate at the bottom of the tub became dislodged, creating a strong suction that pulled the teen underwater…..As others jumped in to pull the teen from the bottom of the tub, Pipkin’s father began trying to breathe air into his son’s mouth, authorities said”.Radisson Hotel, Kissimmee, Florida. Appears to be dual outlets.
20 One Drain Blocked in a Dual Drain System -ABC News Australia – February 16, 2010“Deputy state coroner Paul McMahon this morning found the spa was dangerous because it had no emergency stop switch and the drain on the bottom was blocked”.-The Sydney Morning Herald – February 16, 2010“Shannon [Rankin] became trapped because of the significant pressure that resulted from a blockage in the main drains, which occurred during "the process of the pebble-creting of the wall and floor of the spa pool during its construction", he said”.
21 Dual Drains without Backup – Waterfall Feature Greenwich Time – August 2, 2007, Martin B. Cassidy “The drowning death of a 6-year-old Greenwich boy this weekend when his arm became entrapped inside an unprotected suction valve has drawn nationwide attention to the life-threatening hazard of pool and spa drains. …”On Saturday Zachary’s [Cohn] arm became stuck in an intake valve whose protective grate covering was later found in the pool, according to Lt. Daniel Allen, a spokesman for the police department. When bystanders realized Zachary was trapped, they shut down the pump by cutting the power to the house and freed the boy, Allen said”.
22 Danger of Drains without Backup on Two Different Planes Letter to CPSC RE: Matt Bichelmeyer entrapment incident from his lawyer“The [spa] has four suction inlets which are tied to two pumps. Three of the suction inlets are placed in the footwell which is located on the bottom of the spa and has a configuration of approximately 17 inches by 32 inches. Two of the suction inlets in the footwell are tied to one pump. The third suction inlet is tied to a separate pump along with the skimmer. The suction outlets located in the footwell are not separated by three feet. They are only inches apart. In fact, the entire footwell is less than the three foot requirement……Amazingly, the defendants never warned nor has it ever warned of the risk of entrapment”.APSP-7 Section 5.3.2“Dual outlets shall be separated by a minimum of three feet (3’)(914mm) measured from the center to center of suction pipes, OR located on two (2) different planes; i.e. one (1) on the bottom and one (1) on the vertical wall…
23 Danger of Dual Drains without Backup Guidelines for Entrapment Hazards: Making Pools and Spas Safer – March 2005, U.S. Consumer Product Safety Commission.“Due to the ‘human element’ involved in the care and maintenance of pools and spas, it is strongly recommended that consideration be given to including an additional and final layer of protection in all pools and spas that use submerged suction outlets, to relieve an entrapping suction force should outlets become blocked or if covers are broken or removed”.
24 Dual Drain Sump Port Size 2 ½” or 3” port diameter
26 CDPH Compliance Flowchart “And if not split drain or not unblockable single main drain, then must also retrofit with at least one secondary safety device/system (Safety Vacuum Release System, Suction-Limiting Vent System, Gravity Drainage System, Automatic Pump Shut-Off System, and/or Equally Effective System) by July 1, 2010”.
27 SVRS DefinitionAB 1020“A safety vacuum release system that has been tested by a department-approved independent third party and found to conform to ASME/ANSI performance standard A , as in effect December 31, 2009, or any applicable ASME/ANSI performance standard that has been adopted by the department pursuant to subdivision (b), or ASTM performance standard F2387, as in effect December 31, 2009, or any applicable ASTM performance standard that has been adopted by the department pursuant to subdivision (b).”
28 CPSC Approved SVRS Manufacturers A.O. Smith EPCEmotron Inc.Hayward Pool ProductsPentair Water Pool and SpaStingl Products, LLCVac-Alert Industries, LLCVacless Systems, Inc.
30 Atmospheric Vent Line (Suction Limiting Vent System The ASTM standard for Suction Limiting Vent Systems has been finalized and will be released shortly.
31 Suction-Limiting Vent System (Atmospheric Vent) Definition AB 1020“A suction-limiting vent system with a tamper-resistant atmospheric opening, provided that is conforms to any applicable ASME/ANSI or ASTM performance standard that has been adopted by the department pursuant to subdivision (b).”
33 Suction Limiting Vent System ASTM StandardDrainDrain
34 “Vent System to Relieve Main Drain Suction” NOT APPROVED – DO NOT USE!
35 Gravity Drainage System (for new pool construction) Utilizes a collector tank and has a separate water storage vessel from which the pump draws water from.Water moves from the pool into the collector tank due to atmospheric pressure, gravity, and water displacement from bathers.This removes the need for direct suction from the pool itself.The ASTM standard is in the final stages of approval, and will be released as a finalized standard shortly.
36 Gravity Drainage System Definition AB 1020“A gravity drainage system that utilizes a collector tank, provided it conforms to any applicable ASME/ANSI or ASTM performance standard that has been adopted by the department pursuant to subdivision (b).”
38 Automatic Pump Shut Off System Device that detects drain blockage and automatically shuts off the pump.Some SVRS systems meet this definition.Per the CPSC staff interpretation of the VGB Act, currently there are no voluntary standards for Automatic Pump Shut Off systems, though the current SVRS standards provide release and response time performance criteria.
39 Automatic Pump Shut Off System Definition AB 1020“An automatic pump shut-off system tested by a department-approved independent third party and found to conform to any applicable ASME/ANSI or ASTM performance standard that has been adopted by the department pursuant to subdivision (b).”
40 Unblockable Drains (AB1020) “’Unblockable drain’ means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.”
41 Unblockable Drains (from CA Department of Public Health “Frequently Asked Questions Regarding the Public Pool and Spa Safety Act – AB 1020)“CPSC issued a final interpretive rule on the definition of unblockable drain[s]….The following is the text of the definition as found in 16 CFR Section :“(b) Unblockable drain includes a suction outlet defined as all components, including the sump and/or body, cover/grate, and hardware such that its perforated (open) area cannot be shadowed by the area of the 18” x 23” Body Blocking Element of ASME/ANSI A and that the rated flow through the remaining open area (beyond the shadowed portion) cannot create a suction force in excess of the removal force values in Table 1 of that Standard.”
42 The “99th Percentile” Man Pool Safety Council20.6”CPSC Staff InterpretationDiscussions are underway at 19.8 drain cover standards committee to change the definition of an unblockable drain. Our understanding from CPSC is that recommendations for backup protection to the States will be out shortly.26.8”99th Percentile man as described in The Measure of Man and Woman – Revised Edition, Human Factors in Design99th Percentile man as used in ASME 19.8
43 The Damage of Unblockable Drains How can you call something “unblockable” that has had a well-documented blockage occur?Swimmer from Seal Beach, California – photo of the marks left on his chest after being held against the suction grate cover of an “unblockable drain”.
45 Inez M. Tenenbaum, Chairman US Consumer Product Safety Commission Chairman’s position on “unblockable drains”Inez M. Tenenbaum, ChairmanUS Consumer Product Safety CommissionMarch 1, 2010 – “Statement of Chairman Inez M. Tenenbaum on the Commission decision regarding the use of unblockable drain covers and compliance with the Virginia Graeme Baker Pool & Spa Safety Act”.“The use of an unblockable drain cover by itself does not address the entrapment risks posed by a missing or broken drain cover to the same degree as the installation of the safety systems expressly provided for in the VGB Act. Indeed, some states such as Washington have expressly stated that: ‘[n]ational experience with entrapment events all too frequently identify drain cover or fastener fatigue resulting in a broken or missing cover as the major contributor to entrapment-related injury and death. Relying on a cover to provide the sole measure of entrapment prevention, even one of ‘unblockable’ design meeting the ASME A standard, presents a level of risk that Washington State finds unacceptable.’ iv”
48 From AB1020 Multiple Main Drains Main Drain “Main drain” means a submerged suction outlet typically located at the bottom of a swimming pool that conducts water to a recirculating pump.Multiple Main DrainsAt least two main drains per pump that are hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the drains.
49 CDPH Frequently Asked Questions Who is allowed to perform retrofit work on my pool?
50 CA AB1020 Qualified Contractor Requirements “’Qualified Individual’ means a contractor who holds a current valid license issued by the State of California or a professional engineer licensed in the State of California who has experience working on public swimming pools.”
51 CDPH Interpretation on Qualified Contractor Requirements “Contractors who build or repair swimming pools must be licensed as swimming pool specialty contractors. A general building contractor may also contract for swimming pool work provided the general building contractor holds the swimming pool specialty classification, or the general building contractor hires a licensed swimming pool specialty contractor to perform the work.”“According to information provided by staff of [Contractors State License Board] CSLB, the following types of pool work can be performed by contractors with the following contractor license types:Type of Pool WorkContractor License TypesSplitting drainsC53, C36, “A” (general engineering)Modifying sumpsChanging drain coversC53, C36, C61/D35, “A” (general engineering)Installation of SVRSC53, C61/D35, “A” (general engineering)