Health, Epidemiology and Laboratory Services, Environmental Services

Rule R392-302

Design, Construction, and Operation of Public Pools

Notice of Proposed Rule

DAR File No.: 32839
Filed: 07/23/2009

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to incorporate the anti-entrapment requirements of the Virginia Graeme Baker Act (15 USC 8001 sections 1401-1404) into the state swimming pool rule, Rule R392-302.

Summary of the rule or change:

The rule changes modify the required drain cover or grate standard from ASME A112.19.8M to ASME A112.19.8a - 2008. It also reduces the required spacing between double outlet grates from 4 feet to 3 feet. The rule changes require the installation of a drain cover or grate to meet the safety "use" markings on the grate. The proposed changes mandate that a drain sump be present on all suction drains, and specifies the required design. Additionally, the proposed changes require only one certification, either ASME or ASTM for safety vacuum release systems. Both are currently required in the present rule. A notification system will now be required for safety vacuum release systems. A gravity drain and an unblockable drain are added as alternative anti-entrapment systems. Skimmer equalizer ports are now required to be covered with an anti-entrapment cover. Other methods have been added as alternatives as a means of compliance to the requirement of having an equalizer port. A date for pools to complete the necessary corrective measures to become rule compliant with requirements of single main drains and drain covers is set in the rule. The date is 12/19/2009.

State statutory or constitutional authorization for this rule:

• Virginia Graeme Baker Act 15 USC 8001 1401-1404
• Section 26-15-2

Anticipated cost or savings to:

the state budget:

There will be no fiscal impact on the state budget. Rule R392-302 is administered through existing state funds. There are not costs or savings to the state budget as the state does not have the responsibility to perform inspections.

local governments:

There are no additional costs or savings to local health departments. The inspections will be made using existing fees and budgets. There will be costs to local governments who own swimming pools to make the required changes. There are approximately 270 swimming pools in the state owned by local governments. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of local government-owned pools will be $162,000 (270 x $300 x 2 drains per pool) for approved grates. Of the 270 local government-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $2,025,000 (135 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply.

small businesses:

There are approximately 2,456 nongovernment-owned swimming pools in the state. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of nongovernment-owned pools will be $1,473,600 (2,456 x $300 x 2 drains per pool) for approved grates. Of the 2,456 nongovernment-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $18,420,000 (1,228 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply.

persons other than business:

There are approximately 2,456 nongovernment-owned swimming pools in the state. The range of cost for each pool would be $300 (1 drain) to $15,000, depending upon which compliance alternative is chosen by the pool owner. It is estimated that approximately one half of the pools in the state are not in compliance. The minimum aggregate cost of nongovernment-owned pools will be $1,473,600 (2,456 x $300 x 2 drains per pool) for approved grates. Of the 2,456 nongovernment-owned pools, approximately one half are not in compliance. It is estimated that the maximum aggregate cost would be $18,420,000 (1,228 x $15,000). The Virginia Graeme Baker Act is a federal law with which all public pools must comply.

Compliance costs for affected persons:

The National Recreation and Park Association estimates that the cost per pool would range from $300 to $15,000 per pool, dependent upon whether the pools were already in compliance with certain aspects. Pools that are already in compliance with the current state rule will cost approximate $300 to $400 per drain for new grates. It is estimated that approximately one half of the pools in the state currently are not in compliance. Pools that are not in compliance with the current state rule could incur additional costs from $1,000 up to $15,000 or more dependent upon which alternative is chosen: main drain conversion from single to dual main drain (most expensive), or installation of a safety vacuum release system, or other anti-entrapment protection (least expensive). The Virginia Graeme Baker Act is a federal law with which all public pools must comply.

Comments by the department head on the fiscal impact the rule may have on businesses:

Federal law mandates the changes to this rule that will have a fiscal impact. The changes to the drains are intended to avoid a person being trapped by the pull of the drain in the pool.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Environmental Services
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2009

This rule may become effective on:

09/21/2009

Authorized by:

David Sundwall, Executive Director

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

R392-302. Design, Construction and Operation of Public Pools.

R392-302-18. Outlets.

(1) Each pool shall have a minimum of [either]two [grated outlets, two anti-entrapment outlets, or two anti-vortex type]outlets . All pool outlets shall [that]meet the following design criteria:

(a) The grates or covers of all submerged outlets in pools shall conform to the standards of ASME A112.19.8a-2008.[Outlets shall have a suitable protective grate or cover securely fastened in such a way that the use of tools is required to remove it. A pool shall not operate with broken, damaged or missing drain grates or covers. Protective grates or covers smaller than 24 inches by 24 inches, 61 centimeters by 61 centimeters, shall meet the requirements of ASME/ANSI A112.19.8M.]

(b) The outlets must be constructed so that if one of the outlets is completely obstructed, the remaining outlets[(s)] and related piping will be capable of handling 100 percent of the maximum design circulation flow.

(c) All pool outlets must connect to pipes of equal diameter.

(d) The outlet system must not allow any outlet to be cut out of the suction line by a valve or other means.

(e) At least one of the circulation outlets[The outlets centered] shall be located [in]at the deepest [area]point of the pool and must be piped to permit the pool to be completely and easily emptied.

(f) [There must be one main drain outlet for each 30 feet, 9.14 meters, of pool width. To prevent body entrapment,] The center of the outlet covers or grates of multiple main drain outlets shall not be spaced more than 30 feet, 9.14 meters, apart nor spaced closer than [4] 3 feet, [1.22] 0.914 meters, apart.[ The outermost main drain outlets must be located within 15 feet, 4.57 meters, from a side wall.

(g) If an outlet discharge pipe is 8 inches, 20.32 centimeters, or greater in diameter it shall have an additional device that shall prevent the passage of a sphere greater than 6 inches, 15.24 centimeters, in diameter. Such a device shall be designed by the designing architect or engineer and may not alter the required flow design characteristics.

(h) Devices or methods used for draining pools shall prevent overcharging the sanitary sewer.]

([i]g) Multiple pumps may utilize the same outlets only if the outlets are sized to accommodate 100 percent of the total combined design flow from all pumps and only if the flow characteristics of the system meet the requirements of subsection R392-302-18(2)[(a)] [or] and (3)[(a)].

([j]h) No feature or circulation pump shall be connected to less than two outlets unless connected to an anti-entrapment outlet system that the operator demonstrates to the Department as being effective in preventing entrapment.

(i) There must be one main drain outlet for each 30 feet, 9.14 meters, of pool width. The centers of the outlet covers or grates of any outermost main drain outlets must be located within 15 feet, 4.57 meters, of a side wall.

(j) Devices or methods used for draining pools shall prevent overcharging the sanitary sewer.

(k) No operator shall allow the use of a pool with outlet grates or covers that are broken, damaged, missing, or not securely fastened.

[(2) Grated Outlets.

(a) The designing architect or engineer shall ensure that outlet grate openings in the floor of the pool are at least four times the area of discharge or provide sufficient area so the maximum velocity of the water passing through the grate will not exceed 1.5 feet per second.

(b) The openings in a grate shall have a minimum width of 0.25 inches, 0.635 centimeters, and a maximum length of 1.5 inches, 3.81 centimeters. A grate opening that is neither square nor rectangular in shape, may not be greater than 0.75 inches, 1.905 centimeters., measured in any dimension along the exposed surface of the grate.

(3) Anti-vortex or anti-entrapment drains.

The total velocity of water through the open area of an anti-vortex or anti-entrapment drain shall not exceed the manufacturer's recommended maximum velocity or a maximum of three feet per second through the open area of the drain, whichever is more restrictive.

] (2) Notwithstanding Section R392-302-3, all public pools must comply with Subsections R392-302-18(2) and (3). The pool operator shall not install, allow the installation of, or operate a pool with a drain, drain cover, or drain grate in a position or an application that conflicts with any of the following mandatory markings on the drain cover or grate under the standard required in R392-302-18(1)(a):

(a) whether the drain is for single or multiple drain use;

(b) the maximum flow through the drain cover; and

(c) whether the drain may be installed on a wall or a floor.

(3) The pool operator shall not install, allow the installation of, or operate a pool with a drain cover or drain grate unless it is over or in front of:

(a) the sump that is recommended by the drain cover or grate manufacturer;

(b) a sump specifically designed for that drain by a Registered Design Professional as defined in ASME A112.19.8a-2008; or

(c) a sump that meets the ASME A112.19.8a-2008 standard.

[ (4) Spa pool outlets shall meet all of the requirements of subsections R392-302-18(1) through R392-302-18(3); however, the following exceptions apply:

(a) The designing architect or engineer shall ensure multiple spa outlets are spaced at least three feet apart from each other or that a third drain is provided and that the separation distance between individual outlets is at the maximum possible spacing.

(b) The department may exempt an acrylic or fiberglass spa from the requirement to locate outlets at the deepest point in the pool, if the outlets are located on side walls within three inches of the pool floor, and a wet-vacuum is available on site to remove any water left in the pool after draining.

(5) A wading pool shall have drainage to waste through a quick opening valve to facilitate emptying the wading pool should accidental bowel discharge or other contamination occur.

] ([6] 4) Notwithstanding Section R392-302-3, all public pools must comply with this s[S]ubsection[s] R392-302-18([6] 4)[ through R392-302-18(6)(c) supersede section R392-302-3]. The pool owner or certified pool operator shall retrofit by December 19, 2009 each[ swimming] pool circulation system on existing pools that do not meet the requirements of subsections R392-302-18(1) through R392-302-18[(5)] (1)(h) and R392-302-18(2) through (3)(c). The owner or operator shall meet the retrofit requirements of this subsection by any of the following means:

(a) [A vacuum switch that meets both the American Society for Testing and Materials Standard Provisional Specification for Manufactured Safety Vacuum Release Systems (SVRS) for Swimming Pools, Spas, and Hot Tubs, PS 10-03, and the requirements of American Society of Mechanical Engineers Manufactured Safety Vacuum Release Systems for Residential and Commercial Pools, ASME A112.19.17 - 2002, which are incorporated by reference, installed on the suction side of the pump to prevent outlet entrapment.] Meet the requirements of R392-302-18(1)(a) and R392-302-18(2) through (3)(c) and install a safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when it detects a blockage; that has been tested by an independent third party; and that conforms to ASME standard A112.19.17-2002 or ASTM standard F2387;

(i) To ensure proper operation, the certified pool operator shall inspect and test the vacuum [switch] release system at least once a week but no less often than established by the manufacturer. The certified pool operator shall test the [switch] vacuum release system in a manner specified by the manufacturer. The certified pool operator shall log all inspections, tests and maintenance and retain the records for a minimum of two years for review by the Department and local health department upon request.

(ii) The vacuum release system shall include a notification system that alerts patrons and the pool operator when the system has inactivated the circulation system. The pool operator shall submit to the local health department for approval the design of the notification systems prior to installation. The system shall activate a continuous clearly audible alarm that can be heard in all areas of the pool or a continuous visible alarm that can be seen in all areas of the pool. An easily readable sign shall be posted next to the sound or visible alarm source. The sign shall state, "DO NOT USE THE POOL IF THIS ALARM IS ACTIVATED." and provide the phone number of the pool operator.

(b) Install a[A]n outlet system that includes no fewer than two suction outlets separated by no less than [4] 3 feet, [1.22] 0.914 meters, on the horizontal plane as measured from the centers of the drain covers or grates or located on two different planes and connected to pipes of equal diameter. The outlet system shall meet the requirements of R392-302-18(1)(a) through R392-302-18(1)(h) and 18(2) through (3)(c).[The suction outlets shall be plumbed so water is drawn simultaneously without valves through the outlets to a common line to the pump system];[ or]

(c) Meet the requirements of R392-302-18(1)(a) and R392-302-18(2) through (3)(c) and installing (or having an existing) gravity drain system where, rather than drawing directly from the drain, the pump draws from a surge or collector tank wherein the contained water surface is maintained at atmospheric pressure;

(d) Install a drain of a size and shape that a human body cannot sufficiently block to create a suction entrapment hazard that meets the requirements of R392-302-18(1)(a) and R392-302-18(2) through (3)(c); or

([c] e) Any other system [that the operator demonstrates to the Department to prevent outlet entrapment.] determined by the federal Consumer Products Safety Commission to be equally effective as, or better than, the systems described in 15 USC 8003 (c)(1)(A)(ii)(I), (III), or (IV) at preventing or eliminating the risk of injury or death associated with pool drainage systems.

 

R392-302-19. Overflow Gutters and Skimming Devices.

(1) A pool having a surface area of over 3,500 square feet, 325.15 square meters, must have overflow gutters. A pool having a surface area equal to or less than 3,500 square feet, 325.15 square meters, must have either overflow gutters or skimmers provided.

(2) Overflow gutters must extend completely around the pool, except at steps, ramps, or recessed ladders. The gutter system must be capable of continuously removing pool water at 100 percent of the maximum flow rate. This system must be connected to the circulation system by means of a surge tank.

(3) Overflow gutters must be designed and constructed in compliance with the following requirements:

(a) The opening into the gutter beneath the coping or grating must be at least 3 inches, 7.62 centimeters, in height with a depth of at least 3 inches, 7.62 centimeters.

(b) Gutters must be designed to prevent entrapment of any part of a bather's body.

(c) The edge must be rounded so it can be used as a handhold and must be no thicker than 2.5 inches, 6.35 centimeters, for the top 2 inches, 5.08 centimeters.

(d) Gutter outlet pipes must be at least 2 inches, 5.08 centimeters, in diameter. The outlet grates must have clear openings and be equal to at least one and one-half times the cross sectional area of the outlet pipe.

(4) Skimmers complying with National Sanitation Foundation NSF/ANSI 50-[2004] 2007 standards or equivalent are permitted on any pool with a surface area equal to or less than 3,500 square feet, 325.15 square meters[not more than 3,500 square feet, 325.15 square meters, of surface area]. At least one skimming device must be provided for each 500 square feet, 46.45 square meters, of water surface area or fraction thereof. Where two or more skimmers are required, they must be spaced to provide an effective skimming action over the entire surface of the pool.

(5) Skimming devices must be built into the pool wall and must meet the following general specifications:

(a) The piping and other components of a skimmer system must be designed for a total capacity of at least 80 percent of the maximum flow rate of the circulation system.

(b) Skimmers must be designed with a minimum flow rate of 25 gallons, 94.64 liters, per minute and a maximum flow rate of 55 gallons, 208.12 liters, per minute. The local health department may allow a higher maximum flow through a skimmer up to the skimmer's NSF rating if the piping system is designed to accommodate the higher flow rates. Alternatively, skimmers may also be designed with a minimum of 3.125 gallons, 11.83 liters, to 6.875 gallons, 26.02 liters, per lineal inch, 2.54 centimeters, of weir.

(6) Each skimmer weir must be automatically adjustable and must operate freely with continuous action to variations in water level over a range of at least 4 inches, 10.16 centimeters. The weir must operate at all flow variations. Skimmers shall be installed with the normal operating level of the pool water at the midpoint of the skimmer opening or in accordance with the manufacturer's instructions.

(7) An easily removable and cleanable basket or screen through which all overflow water passes, must be provided to trap large solids.

(8) The skimmer must be provided with a [device] system to prevent air-lock in the suction line. The[se devices] anti-air-lock may [include] be accomplished through the use of an equalizer pipe[,] or a surge tank[,] or through any other arrangement approved by the Department that will assure a sufficient amount of water for pump suction in the event the pool water drops below the weir level.[

(a)] If an equalizer pipe is used, the following requirements must be met:

([i] a) An equalizer pipe must be sized to meet the capacity requirements for the filter and pump[.] ;

([ii] b) An equalizer pipe may not be less than 2 inches, 5.08 centimeters, in diameter and must be designed to control velocity through the pipe in accordance with section R392-302-16(3)[.] ;

([iii] c) This pipe must be located at least 1 foot, 30.48 centimeters, below a valve or equivalent device that will remain tightly closed under normal operating conditions. In a shallow pool, such as a wading pool, where an equalizer outlet can not be submerged at least one foot below the skimmer valve, the equalizer pipe shall be connected to a separate dedicated outlet with an anti-entrapment outlet cover in the floor of the pool that meets the requirements of ASME A112.19.8A-2008 [.] ; and

([iv] d) The equalizer pipe must be protected with a cover or grate that meets the requirements of ASME A112.19.8A-2008 and is sized to accommodate the design flow requirement of R392-302-19(5)[have an anti-vortex cover].

(9) The operator shall maintain proper operation of all skimmer weir s, float valves, check valves, and basket s. [must be maintained] Skimmer baskets shall be maintained in a clean and sanitary condition.[

(10) A spa pool must have a minimum number of surface skimmers based on one skimmer for each 100 square feet, 9.29 square meters of surface area.]

(10) Where skimmers are used, a continuous handhold is required around the entire perimeter of the pool except in areas of the pool that are zero depth and shall be installed not more than 9 inches, 2.86 centimeters, above the normal operating level of the pool. The decking, coping, or other material may be used as the handhold so long as it has rounded edges, is slip-resistant, and does not exceed 3.5 inches, 8.89 centimeters, in thickness. The overhang of the coping, decking, or other material must not exceed 2 inches, 5.08 centimeters, nor be less than 1 inch, 2.54 centimeters beyond the pool wall. An overhang may be up to a maximum of 3 inches to accommodate an automatic pool cover track system.

 

KEY: pools, spas, water slides

Date of Enactment or Last Substantive Amendment: [May 22, 2008 ] 2009

Notice of Continuation: March 22, 2007

Authorizing, and Implemented or Interpreted Law: 26-15-2