Continued Compliance for the Virginia Graeme Baker and Spa Safety Act Please save questions until the end. Happy to answer them. Samantha Fiscus, R.S., C.P.O., A.F.O. Food Safety and Recreational Licensing Recreational Waters Program Manager 2015 Road Show February and March 2014 DHS- Food Safety and Recreational Licensing

Virginia Graeme Baker Act Enforcement Deadlines Federal Act went into effect December 19, 2008 Dept of Health Services required documentation compliance by July 1, 2011 DHS- Food Safety and Recreational Licensing

VGBA Documents Proof of compliance was accepted through the following forms of documentation: Pool completion statement from Dept of Safety and Professional Services inspector from approved plan and inspection. Letter of conformity from licensed engineer or architect stating pool is currently in compliance with act without any changes. Signed contract with an engineer or architect agreeing to provide an evaluation and engineered plans for submittal to the DSPS. DHS- Food Safety and Recreational Licensing

VGBA Device Life Spans What causes these devices to have life spans? Chemicals UV light Normal wear Cover, fastening system, and other components Tested by the industry and assigned lifespans DHS- Food Safety and Recreational Licensing

VGBA Device Life Spans in Years Aquastar 5 years Grate Ideas 10 years Paramount 5 years Lawson 10 years Pentair 7 years Neptune Benson 10-15 years Waterway 7 years Strongwell 20 years Hayward 7 years Eureka 20 years DHS- Food Safety and Recreational Licensing

Continued Compliance Facility operator’s responsibilities To meet all federal and state requirements Maintain their pool equipment Adhere to the manufacturer’s directions per DHS 172 DHS- Food Safety and Recreational Licensing

What is Required of the Operator? Step 1: Find manufacturer’s name and model number to determine lifespan Directly on cover Documents included with cover Engineer plans and documents Pool plans Invoice DSPS completion statement does not contain this information DHS- Food Safety and Recreational Licensing

What is Required of the Operator? Step 2: Replace expired drains with same make and model If install different make and model, must submit plan review to DSPS and have final inspection completed to obtain approval Inspect the entire device Frame, sump, screws, plaster rings, and spacers Do not reuse old screws Verify make and model recalls DHS- Food Safety and Recreational Licensing

What is Required of the Operator? Step 3: Maintain documents as proof of replacement Invoice, receipts, and manufactures guarantee statements, etc. Burden of proof is placed on the operator Keep it on site and available for inspector DHS- Food Safety and Recreational Licensing

References for Operators SharePoint “Virginia Graeme Baker Act Continued Compliance for Drain Covers” Guidelines and Deadlines “Virginia Graeme Baker Act (VGBA)- Drain Cover Replacement Log” Template DHS- Food Safety and Recreational Licensing

References for Inspectors “Enforcement of Life Spans for Virginia Graeme Baker Act Compliant Drain Covers” Policy dated November 11, 2014 SharePoint DHS- Food Safety and Recreational Licensing

What is Required of the Inspector? VGBA Life Span Policy on SharePoint Verify documents to determine lifespan Documents need to indicate Date of compliance Manufacturer Model number Inspectors are required to evaluate VGBA documentation and/or through visual verification to determine if the VGBA drain covers and devices have exceeded their life spans. DHS- Food Safety and Recreational Licensing

Determining the Start Date of Life Span The date of compliance indicated on the DSPS Pool Completion Statement, contract with the engineer, and letter of conformity will initiate the start of the life span for the drain covers and devices. DHS- Food Safety and Recreational Licensing

What is Required of the Inspector? If documentation not present or cover is expired Cite pools in violation DHS 172.11(2)(b) Recirculation System, “Skimmers, skimmer weirs, and overflow gutters and drains shall be maintained so that they are clean and shall be repaired or replaced as needed. Skimmer covers shall be securely seated on deck.” Write orders within inspection report to replace all components before next routine inspection. DHS- Food Safety and Recreational Licensing

What is Required of the Inspector? During next routine inspection If replacement of components have not been made and/or the documentation to support replacement of components not available, then permit will be changed to conditional for up to 30 days. If after the 30 days, operator has not replaced components and/or is unable to produce required documentation, operation must cease and desist and permit will be void. DHS- Food Safety and Recreational Licensing

What is Required of the Inspector? Continued Enforcement If the facility continues to operate the pool, it will be subject to fines and forfeitures under Wis. Stat. § 254.47 (3), Stats., and fees under Wis. Admin. Code § DHS 172.06 (1) (e). To reopen, facility required to meet VGBA compliance, reapply for a permit, submit to a preinspection, and submit appropriate permit and preinspection fees to the department. DHS- Food Safety and Recreational Licensing

What is Required of the Inspector? Continue to attach VGBA documents in HealthSpace DHS- Food Safety and Recreational Licensing

Consumer Product Safety Commission Consumer Product Safety Commission Inspectors Visiting licensed facilities Verify VGBA compliance DHS- Food Safety and Recreational Licensing

Questions? Contact Samantha Fiscus 1 West Wilson Street- Room 150 Madison, WI 53703 (608) 266-8294 samantha.fiscus@dhs.wisconsin.gov DHS- Food Safety and Recreational Licensing