The Virginia Graeme Baker Pool and Spa Safety Act of 2007

2008-03-21T08:29:00.000-07:00

This act was signed into law by President Bush on December 19, 2007 and is named for the granddaughter of former Secretary of State James A. Baker, III . At the age of 7, Virginia drowned after being trapped underwater by the suction of a drain in a spa. I am writing this article to share my professional opinion on how this law affects the fence and gate around your pool.

What this means to home owners

This law basically strengthens the current suggestions made by the Consumer Product Safety Commission (CPSC). Most areas of the US already use these suggestions which also seem to agree with recommendations made by the International Code Council for the most part (ICC which is formerly known as BOCA). In the past the problem has been that each individual area will adopt their own set of requirements from the ICC and CPSC suggestions. This makes it hard for individuals, contractors, manufacturers and building inspectors to effectively come up with a plan and set of products that will make the home owners pool or spa safe and compliant. My hope is that this law will help "clear the waters". As far as the fence and gate goes, the law simply states that a barrier needs to be sufficient to "prevent small children from gaining unsupervised and unfettered access to the pool or spa." (SEC. 1406.a.1.A.i) In the end, the enforcement of this falls under the CPSC which will use their publications to form enforceable regulations.

Here is how I read the CPSC publication, Safety Barrier Guidelines for Home Pools as it relates to a fence (as of 3/12/20008). The top of the fence must be at least 48 inches above grade on the side away from the pool. There can be no gap in the fence that a 4 inch diameter sphere can pass through (the openings on a chain link fence can not exceed 1-1/4 inches). The horizontal members (we call them backers on wood and vinyl fencing) must be over 45 inches apart. The gate must also meet the previously mentioned criteria and also be self closing, self latching and open away from the pool or spa. The part of the latch you use to open the latch must be above 54 inches.

What this means to contractors

Your customers are going to be looking to you for advice and direction on how to meet these requirements. If you have been reluctant to get on the whole "pool safety band wagon", it's time to jump on. I have been telling customers for a number of years now that even if their local department of inspections doesn't require these standards their insurance company does. On a monthly basis we get calls from hotels, condos and other public pools that are having to get up to code or be shut down following an inspection by their insurance company.

Now, all of the above information can be found in the Safety Barrier Guidelines for Home Pools by the CPSC, I recommend you read it whether you are a homeowner or contractor because I did not mention things like pool alarms, special circumstances nor the need for adult supervision. I have listed my fence recommendations below. If you follow these recommendations you should exceed most pool code requirements. I always recommend checking with your local department of inspections prior to starting any pool project.

Here is MY list of suggestions

Nothing can take the place of proper adult supervision.
Try to stick to vinyl or ornamental aluminum fencing, it's easier to meet the requirements and they hold up the best to pool chemicals.
Most manufacturers have special pool code styles, use them. Don't try to "buck the system", I know it is the "American way" but resist the urge.
Stick to fences that are already 54 inches tall or taller. By doing this you avoid the latch sticking up above the fence (which some customers don't like).
Use fence styles that have vertical pickets with a spacing less than 1-3/4 inches.
Make sure the horizontal members are over 45 inches apart.
The gate must open away from the pool or spa.
Use the Magna Latch Top Pull to meet the self latching requirement. Install the knob on top 54 inches above the bottom of the gate. Inspectors in my area used to measure up 54 inches from the ground for compliance, now they measure from the bottom of the gate itself.
Use Tru Close Hinges to meet the self closing requirement. Adjust the tension on the hinges so that if you open the gate 12 inches it will still close (not slam).
Use a safety cap on your Tru Close hinges to keep children from using the bottom hinge to climb the fence or reach the latch.
If your pool barrier is on top of a deck don't use the normal hand railing because they tend to be 36 or 42 inches tall. Your railing may pass because the deck is sufficiently high enough to meet the pool code ... but what about the gate? I get calls all the time on this one. What people end up doing is having a 4 foot high gate with shorter railing. Not really the ideal look. Start off using 4 foot high materials and you will not have to worry about it. Follow all the same requirements as the fencing does.

Final thought

The fence tends to be the last step in the pool building process so it's usually the place where consumers try to save money. I encourage consumers to not be stingy on the pool barrier. You will never be sorry you went above and beyond the basic requirements, you will be sorry if you fall short of them. There are rarely any second chances with pool accidents.

Helpful Links

Safe Kids USA
National Drowning Prevention Alliance
Federal Pool Safety Legislation Passes Congress
(video available)
Reuters :: Virginia Graeme Baker Pool and Spa Safety Act
The Library of Congress
(search for H.R.6.ENR look under Title XIV - Pool and Spa Safety)
International Code Council
CPSC Pool and Spa Safety Publications
A Blueprint for Pool Gate Safety - includes a nice checklist to aid in inspecting your pool enclosure.
Gate Hardware by FenceMax.com
A great place for purchasing and more information on pool safety gate hardware. (this is my shameless plug)

Gate Hardware by FenceMax

The Virginia Graeme Baker Pool and Spa Safety Act of 2007