TITLE XIV—POOL AND SPA SAFETY (15 USC 8001)
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Virginia Graeme Baker Pool and Spa Safety Act’’.
SEC. 1402. FINDINGS.
Congress finds the following:
(1) Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.
(2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning.
(3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.
(4) 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. 1403. DEFINITIONS.
In this title:
(1) ASME/ANSI.—The term ‘‘ASME/ANSI’’ as applied to a safety standard means such a standard that is accredited
by the American National Standards Institute and published by the American Society of Mechanical Engineers.
(2) 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.
(3) COMMISSION.—The term ‘‘Commission’’ means the Consumer Product Safety Commission.
(4) 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 recirculating pump.
(5) 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.
(6) 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 aboveground structures, and includes hot tubs, spas, portable spas,
and non-portable wading pools.
(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.
SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.
(a) CONSUMER PRODUCT SAFETY RULE.—The requirements described in subsection (b) shall be treated as a consumer product
safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
(b) DRAIN COVER STANDARD.—Effective 1 year after the date of enactment of this title, 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 such swimming pool or drain cover.
(c) PUBLIC POOLS.—
(1) REQUIRED EQUIPMENT.—
(A) IN GENERAL.—Beginning 1 year after the date of enactment of this title—
(i) each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the
ASME/ANSI A112.19.8 performance standard, or any successor standard; and
(ii) each public pool and spa in the United States with a single main drain other than an unblockable
drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to
prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B):
(I) 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.
(II) SUCTION-LIMITING VENT SYSTEM.—A suction-
limiting vent system with a tamper-resistant
atmospheric opening.
(III) GRAVITY DRAINAGE SYSTEM.—A gravity
drainage system that utilizes a collector tank.
(IV) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An
automatic pump shut-off system.
(V) DRAIN DISABLEMENT.—A device or system
that disables the drain.
(VI) OTHER SYSTEMS.—Any other system
determined by the Commission to be equally effective
as, or better than, the systems described in
subclauses (I) through (V) of this clause at preventing
or eliminating the risk of injury or death
associated with pool drainage systems.
(B) APPLICABLE STANDARDS.—Any device or system
described in subparagraph (A)(ii) 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.
(2) PUBLIC POOL AND SPA DEFINED.—In this subsection,
the term ‘‘public pool and spa’’ means a swimming pool or
spa that is—
(A) open to the public generally, whether for a fee
or free of charge;
(B) open exclusively to—
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building,
apartment complex, residential real estate development,
or other multi-family residential area (other than
a municipality, township, or other local government
jurisdiction); or
(iii) patrons of a hotel or other public accommodations
facility; or
(C) operated by the Federal Government (or by a
concessionaire on behalf of the Federal Government) for
the benefit of members of the Armed Forces and their
dependents or employees of any department or agency and
their dependents.
(3) ENFORCEMENT.—Violation of paragraph (1) shall be
considered to be a violation of section 19(a)(1) of the Consumer
Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be
enforced under section 17 of that Act (15 U.S.C. 2066).
SEC. 1405. 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 title, 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 1406(a)(1)(A)(i),
applies to all swimming pools in the State; and
(B) meets the minimum State law requirements of
section 1406; 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 title, 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 title 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 amounts 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 2009
and 2010 $2,000,000 to carry out this section, such sums to remain
available until expended. Any amounts appropriated pursuant to
this subsection that remain unexpended and unobligated at the
end of fiscal year 2010 shall be retained by the Commission and
credited to the appropriations account that funds enforcement of
the Consumer Product Safety Act.
SEC. 1406. 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 outdoor 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 the enactment of such statute have—
(I) more than 1 drain;
(II) 1 or more unblockable drains; or
(III) no main drain;
(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 1404; and
(v) that periodic notification is provided to owners
of residential swimming pools or spas about compliance
with the entrapment protection standards of the
ASME/ANSI A112.19.8 performance standard, or any
successor standard; 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) NO LIABILITY INFERENCE ASSOCIATED WITH STATE
NOTIFICATION REQUIREMENT.—The minimum State law notification
requirement under paragraph (1)(A)(v) shall not be construed
to imply any liability on the part of a State related
to that requirement.
(3) 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 1405
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 1405 of this Act.
(4) 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 or spa that is equipped with a self-closing, self-latching
device.
(3) DOORS.—Any door with direct access to the swimming
pool or spa 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, or any successor
standard.
(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. 1407. 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 the fiscal years
2008 through 2012 $5,000,000 to carry out the education program
authorized by subsection (a).
SEC. 1408. CPSC REPORT.
Not later than 1 year after the last day of each fiscal year
for which grants are made under section 1405, the Commission
shall submit to Congress a report evaluating the implementation
of the grant program authorized by that section.
