ACTION ALERT ARCHIVE

Commendt on CDC's Model Aquatic Health Code (MAHC) Modules

The Center for Disease Control (CDC) is in the process of finalizing the Model Aquatic Health Code (MAHC). As part of this process, modules of the code periodically open and close for public comment. Currently, comments are being accepted on the modules regarding facility maintenance and operation, and hygiene facilities for public pools.

To understand where this CDC MAHC code fits in the big picture, the International Swimming Pool & Spa Code (ISPSC), which is the joint effort of APSP and the ICC, is the first and only code that addresses ALL aspect of design and construction for public as well as residential pools and spas. The MAHC code on the other hand, deals only with public facilities and is intended to primarily address maintenance, operation and hygiene. While the ICC and the CDC (who is developing the MAHC) have agreed to work together to limit any overlap, there may be some areas where the new MAHC modules encroach on our issues, either inadvertently or by design. Your eyes and input are therefore EXTREMELY important in our continuing goal of ensuring harmony between these two Codes.

For more detail about the MAHC, please visit the code's website here. PDFs of the pertinent modules are attached to this email. Please review and submit comments directly to me by replying to this email no later than 5pm on Tuesday, December 13^th.

CPSC Unblockable Drain Definition

On September 28, 2011, the Consumer Product Safety Commission voted 3-2 to revoke a prior “interpretive rule” which had defined an unblockable drain, a term used in the Virginia Graeme Baker Pool and Spa Safety Act (VGBA). The original interpretative rule defined “unblockable drain” to include the drain cover, meaning that a small suction fitting (drain) with an unblockable cover which fit into a smaller, blockable sump would be classified as unblockable. Public pools which have an unblockable drain are not required to install additional devices, such as an SVRS, Gravity Drainage System, etc.

As a result of the latest September 28 vote, the above interpretive rule has been REVOKED and the definition of unblockable drain will include the sump, but WILL NOT INCLUDE the suction fitting or drain cover. Hence, a large unblockable drain cover over a smaller blockable drain can no longer be used to create an unblockable drain. Public pools which are affected by this revocation are required to install one or more additional devices. The vote was taken without a public comment period.

The revised rule went into effect October 11, 2011. The Commission has set a compliance date of May 28, 2012 for existing public pools that are affected.

During the public hearing, the Commissioners also voted to open up a public comment period, so that pool owners, operators and officials, as well as members of the pool and spa industry, can inform the Commission whether May 28, 2012 is a reasonable compliance date for installation of the required back-up systems. Several of the Commissioners have also requested public health and building code officials and pool operators/owners, and others who are affected, submit comments with regard to the September 28 vote, and to report on the absence of injuries or incidents under the prior interpretation.

The CPSC will be accepting public comments on the vote until December 12, 2011.