On December 19, 2007, President George W. Bush signed the Virginia Graeme Baker Pool and Spa Safety Act into law. The act was named after Graeme Baker, daughter of Nancy Baker and granddaughter of former Secretary of State James Baker, who died in tragic incident in June 2002 after the suction from a spa drain entrapped her under the water.
The purpose of this Act is to increase the safety of swimming pools and spas by establishing a federal suction outlet cover standard and ensuring pools and spas are equipped with proper safety devices.
Administered by the U.S. Consumer Product Safety Commission (CPSC), the Act specifies that on or after December 19, 2008, suction outlet covers available for purchase in the United Stated must comply with the American Society of Mechanical Engineers (ASME)/American National Standard Institute (ANSI) A112.19.8-2007 performance standard.
The Act also requires owners of all new and existing public swimming pools and spas to replace suction outlet covers with covers meeting the ASME/ANSI A112.19.8-2007 Performance Standard by December 19, 2008.
In addition to the anti-entrapment suction outlet covers, further modifications may be required in order for swimming pools and spas to comply with this Act.
For many bodies of water to comply with the act, modifications will need to be made to existing pools and spas that are permitted in Clark County. Many of these modifications will require plan review and approval by the health district prior to construction because the modifications will involve work that is regulated by NAC 444.
The health district review is limited to the applicable sections of the Nevada Administrative Code Chapter 444 Public Bathing Place Public Spas dated January 17, 1996. The Virginia Graeme Baker Act applicability is not reviewed by the health district. Contact the Pool Program at (702) 759-0571 for more information.
Frequently Asked Questions
What is the Virginia Graeme Baker Pool and Spa Act?
The purpose of this Act is to increase the safety of swimming pools and spas by establishing a federal suction outlet cover standard and ensuring pools and spas are equipped with proper safety devices. Visit the CPSC website 
for more information and to read the Act.
Who will enforce this law?
The CPSC is responsible for enforcing the Act and has the authority to close pools or spas not in compliance. The CPSC also has the authority to assess criminal penalties, including fines and imprisonment.
What is the Southern Nevada Health District’s role in enforcing the act?
The health district will continue to educate owners about the requirements and stress compliance with the federal law. The health district will not close swimming pools and spas for non-compliance of the Act at this time.
However, the health district will continue to enforce the Nevada Administrative Code Chapter 444, when conducting routine inspections and during the review of plans.
When did the Virginia Graeme Baker Pool and Spa Safety Act go into effect?
The Act was signed into law on December 19, 2007. As of December 19, 2008, all new and existing pools and spas must be in compliance. It is the owner’s responsibility to close the pool or spa if they are not in compliance.
My pool or spa is seasonal. When do I have to be compliant with the new law?
According to CPSC, pools and spas not open on December 19, 2008, are required to be in compliance the day the pool or spa is re-opened.
Will I be required to obtain a major or minor remodel permit from Southern Nevada Health District to perform modifications to an existing pool or spa?
Yes. For many pools and spas to comply with the Virginia Graeme Baker Pool and Spa Safety Act, modifications will need to be made to the existing structure. The health district does not review for compliance with the Virginia Graeme Baker Act.
Any renovations including splitting drains or adding devices to an existing pool or spa to comply with the act must be approved by the health district. For more information, contact the Pool Program at (702) 759-0571.
Who can do the modifications on my swimming pool or spa?
An A-10 or A-10E contractor must perform any modifications. Depending on the desired alterations, a major or minor remodel permit application must be filed with the health district to gain approval for necessary alterations.
The permit application must be submitted by an A-10 or A-10E contractor. Upon gaining health district approval, the work can begin under the advisement of an A-10 or A-10E contractor.
Where can I find more information on the Virginia Graeme Baker Pool and Spa Safety Act?
The following websites are useful in accessing the latest information regarding the Act:
How do I contact the Consumer Product Safety Commission if I have specific questions that are unique to my facility and would like their interpretation?
You can contact the CPSC by phone at 1-800-683-2772 or by email at info@cpsc.gov.
VGBA is a federal law. The Southern Nevada Health District's regulations and the Nevada Statutes on pools predate the VGBA. Furthermore, Nevada has not adopted the VGBA. The health district does not review pools for compliance with the VGBA. It is the responsibility of any pool owner or operator to ensure compliance with federal law. The health district has not been conferred any enforcement authority. Any permit issued by the health district will exclude VGBA compliance.
