Pool and Spa Safety Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3718 Engrossed in Senate (ES)]

109th CONGRESS
2d Session
S. 3718

_______________________________________________________________________

AN ACT

To increase the safety of swimming pools and spas by requiring the use
of proper anti-entrapment drain covers and pool and spa drainage
systems, by establishing a swimming pool safety grant program
administered by the Consumer Product Safety Commission to encourage
States to improve their pool and spa safety laws and to educate the
public about pool and spa safety, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Pool and Spa
Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Federal swimming pool and spa drain cover standard.
Sec. 4. State swimming pool safety grant program.
Sec. 5. Minimum State law requirements.
Sec. 6. Education program.
Sec. 7. Definitions.
Sec. 8. CPSC report.

SEC. 2. FINDINGS.

The Congress finds that--
(1) of injury-related deaths, drowning is the second
leading cause of death in children aged 1 to 14 in the United
States;
(2) many children die due to pool and spa drowning and
entrapment, such as Virginia Graeme Baker, who at age 7 drowned
by entrapment in a residential spa;
(3) in 2003, 782 children ages 14 and under died as a
result of unintentional drowning;
(4) adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning; and
(5) research studies show that the installation and proper
use of barriers or fencing, as well as additional layers of
protection, could substantially reduce the number of childhood
residential swimming pool drownings and near drownings.

SEC. 3. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.

(a) Consumer Product Safety Rule.--The provisions of subsection (b)
shall be considered to be a consumer product safety rule issued by the
Consumer Product Safety Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(b) Drain Cover Standard.--Effective 1 year after the date of
enactment of this Act, each swimming pool or spa drain cover
manufactured, distributed, or entered into commerce in the United
States shall conform to the entrapment protection standards of the
ASME/ANSI A112.19.8 performance standard, or any successor standard
regulating the same.

SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM.

(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall establish a grant
program to provide assistance to eligible States.
(b) Eligibility.--To be eligible for a grant under the program, a
State shall--
(1) demonstrate to the satisfaction of the Commission that
it has a State statute, or that, after the date of enactment of
this Act, it has enacted a statute, or amended an existing
statute, and provides for the enforcement of, a law that--
(A) except as provided in section 5(a)(1)(A)(i),
applies to all swimming pools in the State; and
(B) meets the minimum State law requirements of
section 5; and
(2) submit an application to the Commission at such time,
in such form, and containing such additional information as the
Commission may require.
(c) Amount of Grant.--The Commission shall determine the amount of
a grant awarded under this Act, and shall consider--
(1) the population and relative enforcement needs of each
qualifying State; and
(2) allocation of grant funds in a manner designed to
provide the maximum benefit from the program in terms of
protecting children from drowning or entrapment, and, in making
that allocation, shall give priority to States that have not
received a grant under this Act in a preceding fiscal year.
(d) Use of Grant Funds.--A State receiving a grant under this
section shall use--
(1) at least 50 percent of amount made available to hire
and train enforcement personnel for implementation and
enforcement of standards under the State swimming pool and spa
safety law; and
(2) the remainder--
(A) to educate pool construction and installation
companies and pool service companies about the
standards;
(B) to educate pool owners, pool operators, and
other members of the public about the standards under
the swimming pool and spa safety law and about the
prevention of drowning or entrapment of children using
swimming pools and spas; and
(C) to defray administrative costs associated with
such training and education programs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $10,000,000 to carry out this section, such sums to remain
available until expended.

SEC. 5. MINIMUM STATE LAW REQUIREMENTS.

(a) In General.--
(1) Safety Standards.--A State meets the minimum State law
requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all residential pools
and spas by barriers to entry that will
effectively prevent small children from gaining
unsupervised and unfettered access to the pool
or spa;
(ii) that all pools and spas be equipped
with devices and systems designed to prevent
entrapment by pool or spa drains;
(iii) that pools and spas built more than 1
year after the date of enactment of such
statute have--
(I) more than 1 drain;
(II) 1 or more unblockable drains;
or
(III) no main drain; and
(iv) every swimming pool and spa that has a
main drain, other than an unblockable drain, be
equipped with a drain cover that meets the
consumer product safety standard established by
section 3; and
(B) the State meets such additional State law
requirements for pools and spas as the Commission may
establish after public notice and a 30-day public
comment period.
(2) Use of minimum State law requirements.--The
Commission--
(A) shall use the minimum State law requirements
under paragraph (1) solely for the purpose of
determining the eligibility of a State for a grant
under section 4 of this Act; and
(B) may not enforce any requirement under paragraph
(1) except for the purpose of determining the
eligibility of a State for a grant under section 4 of
this Act.
(3) Requirements to reflect national performance standards
and commission guidelines.--In establishing minimum State law
requirements under paragraph (1), the Commission shall--
(A) consider current or revised national
performance standards on pool and spa barrier
protection and entrapment prevention; and
(B) ensure that any such requirements are
consistent with the guidelines contained in the
Commission's publication 362, entitled ``Safety Barrier
Guidelines for Home Pools'', the Commission's
publication entitled ``Guidelines for Entrapment
Hazards: Making Pools and Spas Safer'', and any other
pool safety guidelines established by the Commission.
(b) Standards.--Nothing in this section prevents the Commission
from promulgating standards regulating pool and spa safety or from
relying on an applicable national performance standard.
(c) Basic Access-Related Safety Devices and Equipment Requirements
To Be Considered.--In establishing minimum State law requirements for
swimming pools and spas under subsection (a)(1), the Commission shall
consider the following requirements:
(1) Covers.--A safety pool cover.
(2) Gates.--A gate with direct access to the swimming pool
that is equipped with a self-closing, self-latching device.
(3) Doors.--Any door with direct access to the swimming
pool that is equipped with an audible alert device or alarm
which sounds when the door is opened.
(4) Pool alarm.--A device designed to provide rapid
detection of an entry into the water of a swimming pool or spa.
(d) Entrapment, Entanglement, and Evisceration Prevention Standards
To Be Required.--
(1) In general.--In establishing additional minimum State
law requirements for swimming pools and spas under subsection
(a)(1), the Commission shall require, at a minimum, 1 or more
of the following (except for pools constructed without a single
main drain):
(A) Safety vacuum release system.--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 a blockage is
detected, that has been tested by an independent third
party and found to conform to ASME/ANSI standard
A112.19.17 or ASTM standard F2387.
(B) Suction-limiting vent system.--A suction-
limiting vent system with a tamper-resistant
atmospheric opening.
(C) Gravity drainage system.--A gravity drainage
system that utilizes a collector tank.
(D) Automatic pump shut-off system.--An automatic
pump shut-off system.
(E) Drain disablement.--A device or system that
disables the drain.
(F) Other systems.--Any other system determined by
the Commission to be equally effective as, or better
than, the systems described in subparagraphs (A)
through (E) of this paragraph at preventing or
eliminating the risk of injury or death associated with
pool drainage systems.
(2) Applicable standards.--Any device or system described
in subparagraphs (B) through (E) of paragraph (1) shall meet
the requirements of any ASME/ANSI or ASTM performance standard
if there is such a standard for such a device or system, or any
applicable consumer product safety standard.

SEC. 6. EDUCATION PROGRAM.

(a) In General.--The Commission shall establish and carry out an
education program to inform the public of methods to prevent drowning
and entrapment in swimming pools and spas. In carrying out the program,
the Commission shall develop--
(1) educational materials designed for pool manufacturers,
pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of pool
and spa safety.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $5,000,000 to carry out the education program authorized by
subsection (a).

SEC. 7. DEFINITIONS.

In this Act:
(1) ASME/ANSI standard.--The term ``ASME/ANSI standard''
means a safety standard accredited by the American National
Standards Institute and published by the American Society of
Mechanical Engineers.
(2) ASTM standard.--The term ``ASTM standard'' means a
safety standard issued by ASTM International, formerly known as
the American Society for Testing and Materials.
(3) Barrier.--The term ``barrier'' includes a natural or
constructed topographical feature that prevents unpermitted
access by children to a swimming pool, and, with respect to a
hot tub, a lockable cover.
(4) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(5) Main drain.--The term ``main drain'' means a submerged
suction outlet typically located at the bottom of a pool or spa
to conduct water to a re-circulating pump.
(6) Safety vacuum release system.--The term ``safety vacuum
release system'' means a vacuum release system capable of
providing vacuum release at a suction outlet caused by a high
vacuum occurrence due to a suction outlet flow blockage.
(7) Unblockable drain.--The term ``unblockable drain''
means a drain of any size and shape that a human body cannot
sufficiently block to create a suction entrapment hazard.
(8) Swimming pool; spa.--The term ``swimming pool'' or
``spa'' means any outdoor or indoor structure intended for
swimming or recreational bathing, including in-ground and
above-ground structures, and includes hot tubs, spas, portable
spas, and non-portable wading pools.

SEC. 8. CPSC REPORT.

Within 1 year after the close of each fiscal year for which grants
are made under section 4, the Commission shall submit a report to the
Congress evaluating the effectiveness of the grant program authorized
by that section.

Passed the Senate December 6, 2006.

Attest:

Secretary.
109th CONGRESS

2d Session

S. 3718

_______________________________________________________________________

AN ACT

To increase the safety of swimming pools and spas by requiring the use
of proper anti-entrapment drain covers and pool and spa drainage
systems, by establishing a swimming pool safety grant program
administered by the Consumer Product Safety Commission to encourage
States to improve their pool and spa safety laws and to educate the
public about pool and spa safety, and for other purposes.