1. 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

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. What is Required of the Inspector?
If documentation not present or cover is expired
Cite pools in violation
DHS (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

15. 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

16. 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. § (3), Stats., and fees under Wis. Admin. Code § DHS (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

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

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

19. Questions?
Contact Samantha Fiscus 1 West Wilson Street- Room 150 Madison, WI (608)
DHS- Food Safety and Recreational Licensing