S 1771 IRSCommentsClose CommentsPermalink

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, to educate the public about pool and spa safety, and for other purposes.CommentsClose CommentsPermalink

July 11, 2007

Mr. PRYOR (for himself, Mr. DODD, Mr. STEVENS, Mrs. HUTCHISON, Ms. KLOBUCHAR, Mr. WARNER, Mr. DURBIN, Mr. MCCAIN, and Mr. COLEMAN, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

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, to educate the public about pool and spa safety, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Virginia Graeme Baker Pool and Spa Safety Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States.CommentsClose CommentsPermalink





(2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning.CommentsClose CommentsPermalink





(3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) COMMISSION- The term `Commission' means the Consumer Product Safety Commission.CommentsClose CommentsPermalink





(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 re-circulating pump.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. 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.).CommentsClose CommentsPermalink





(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 such swimming pool or drain cover.CommentsClose CommentsPermalink





(c) Public Pools- CommentsClose CommentsPermalink





(1) IN GENERAL- Beginning 1 year after the date of enactment of this Act, each public pool and spa in the United States shall be equipped with devices or systems designed to prevent entrapment by pool or spa drains that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard. CommentsClose CommentsPermalink





(2) PUBLIC POOL AND SPA DEFINED- In this subsection, the term `public pool and spa' means a swimming pool or spa that is-- CommentsClose CommentsPermalink





(A) open to the public generally, whether for a fee or free of charge; CommentsClose CommentsPermalink





(B) open exclusively to-- CommentsClose CommentsPermalink





(i) members of an organization and their guests; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(iii) patrons of a hotel or other public accommodations facility; or CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink

SEC. 5. 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.CommentsClose CommentsPermalink





(b) Eligibility- To be eligible for a grant under the program, a State shall--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) except as provided in section 6(a)(1)(A)(i), applies to all swimming pools in the State; andCommentsClose CommentsPermalink





(B) meets the minimum State law requirements of section 6; andCommentsClose CommentsPermalink





(2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require.CommentsClose CommentsPermalink





(c) Amount of Grant- The Commission shall determine the amount of a grant awarded under this Act, and shall consider--CommentsClose CommentsPermalink





(1) the population and relative enforcement needs of each qualifying State; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Use of Grant Funds- A State receiving a grant under this section shall use--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) the remainder--CommentsClose CommentsPermalink





(A) to educate pool construction and installation companies and pool service companies about the standards;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) to defray administrative costs associated with such training and education programs.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 6. MINIMUM STATE LAW REQUIREMENTS.

(a) In General-CommentsClose CommentsPermalink





(1) SAFETY STANDARDS- A State meets the minimum State law requirements of this section if--CommentsClose CommentsPermalink





(A) the State requires by statute--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains;CommentsClose CommentsPermalink





(iii) that pools and spas built more than 1 year after the date of the enactment of such statute have--CommentsClose CommentsPermalink





(I) more than 1 drain;CommentsClose CommentsPermalink





(II) 1 or more unblockable drains; orCommentsClose CommentsPermalink





(III) no main drain;and [Struck out->]and[<-Struck out]CommentsClose CommentsPermalink





(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 4; andCommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





[Struck out->](2)[<-Struck out] (3) USE OF MINIMUM STATE LAW REQUIREMENTS- The Commission--CommentsClose CommentsPermalink





(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 5 of this Act; andCommentsClose CommentsPermalink





(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 5 of this Act.CommentsClose CommentsPermalink





(3[Struck out->](3)[<-Struck out] (4) REQUIREMENTS TO REFLECT NATIONAL PERFORMANCE STANDARDS AND COMMISSION GUIDELINES- In establishing minimum State law requirements under paragraph (1), the Commission shall--CommentsClose CommentsPermalink





(A) consider current or revised national performance standards on pool and spa barrier protection and entrapment prevention; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) COVERS- A safety pool cover.CommentsClose CommentsPermalink





(2) GATES- A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) POOL ALARM- A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.CommentsClose CommentsPermalink





(d) Entrapment, Entanglement, and Evisceration Prevention Standards To Be Required-CommentsClose CommentsPermalink





(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):CommentsClose CommentsPermalink





(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 standardF2387 [Struck out->]F2387.[<-Struck out] F2387, or any successor standard.CommentsClose CommentsPermalink





(B) SUCTION-LIMITING VENT SYSTEM- A suction-limiting vent system with a tamper-resistant atmospheric opening.CommentsClose CommentsPermalink





(C) GRAVITY DRAINAGE SYSTEM- A gravity drainage system that utilizes a collector tank.CommentsClose CommentsPermalink





(D) AUTOMATIC PUMP SHUT-OFF SYSTEM- An automatic pump shut-off system.CommentsClose CommentsPermalink





(E) DRAIN DISABLEMENT- A device or system that disables the drain.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 7. 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--CommentsClose CommentsPermalink





(1) educational materials designed for pool manufacturers, pool service companies, and pool supply retail outlets;CommentsClose CommentsPermalink





(2) educational materials designed for pool owners and operators; andCommentsClose CommentsPermalink





(3) a national media campaign to promote awareness of pool and spa safety.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 8. CPSC REPORT.

Not later than 1 year after the last day of each fiscal year for which grants are made under section 5, the Commission shall submit to Congress a report evaluating theeffectiveness [Struck out->]effectiveness[<-Struck out] implementation of the grant program authorized by that section.CommentsClose CommentsPermalink