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. Recommended swimming pool safety standards.

Sec. 4. State swimming pool safety grant program.

Sec. 5. National education program.

Sec. 6. Definitions.

Sec. 7. CPSC reports.

Findings

The Congress finds that— (1)drowning is the leading cause of death in children under 4 and the second leading cause of death in children 14 and under in the United States; (2)many children drown due to pool and spa drowning and entrapment, such as Virginia Graeme Baker, who at age 7 drowned by entrapment in a residential spa, and Preston de Ibern, who at age 5 nearly drowned and was left permanently brain damaged, finally succumbing to his catastrophic health care issues when he was 12 years old; (3)in 2003, 782 children ages 14 and under died as a result of unintentional drowning; (4)from 1985 to 2004, at least 33 children ages 14 and under died as a result of pool and spa entrapment; (5)adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning; and (6)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.

Recommended swimming pool safety standards

(a)

In General

(1)

Safety Standards

Within 90 days after the date of enactment of this Act, the Commission shall issue an advance notice of proposed rulemaking to establish recommended minimum State law standards for swimming pools and spas with respect to— (A)enclosure of the pool or spa by barriers to entry that will effectively prevent small children from gaining unsupervised access to the pool or spa; and (B)devices and systems designed to prevent entrapment of children by pool or spa drains. (2)

Deadline

The Commission shall issue the recommended minimum standards as a final rule within 18 months after it issues the advance notice of proposed rulemaking. (3)

Status of Standards

(A)

In general

The standards promulgated by the Commission under this section— (i)shall be advisory in nature; (ii)shall not prevent the Commission from subsequently promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard; (iii)shall not be promulgated as a consumer product safety rule; and (iv)shall be used by the Commission solely for the purpose of determining the eligibility of a State for a grant under section 4 of this Act. (B)

Enforcement

The Commission may not enforce any standard promulgated under this section except for the purpose of determining the eligibility of a State for a grant under section 4 of this Act. (4)

Guidelines

In promulgating standards under this Act, the Commission shall give strong consideration to published Commission guidelines and, where applicable, existing national performance standards. (b)

Minimum Standards for Pools and Spas

In promulgating recommended minimum State law standards for swimming pools and spas under subsection (a), the Commission, at a minimum, shall require that— (1)any outdoor swimming pool or spa is enclosed by an appropriate fence or other barrier; (2)any swimming pool or spa with a main drain is equipped, at a minimum, with a drain cover that meets the requirements of subsection (d)(2)(A); and (3)new pools with a main drain are equipped with at least 2 drains, or a single, unblockable drain, and drain covers that meet the requirements of subsection (d)(2)(A). (c)

Basic Access-related Safety Devices and Equipment

In promulgating the swimming pool and spa standard, the Commission shall require the following: (1)

Barrier or fence

A requirement that any outdoor swimming pool is to be protected by a wall, fence, enclosure, or other natural or constructed barrier that— (A)entirely encloses the pool by at least a 4-foot high wall, fence, enclosure, or other barrier (which may include the wall or side of a residence or other building, provided such wall or side of a building does not contain a door or a window); (B)has no opening (other than a gate as described in subparagraph (D)) through which a spherical object 4 inches in diameter can pass; (C)has horizontal components spaced not less than 36 inches apart measured vertically or placed on the pool side of the wall, fence, enclosure, or barrier and does not have any opening greater than 2 inches measured horizontally (including wire mesh or chain link fences that have a maximum mesh size of 2 inches measured horizontally); (D)has a gate that— (i)is self-closing and self-latching; and (ii)opens outward from the pool; (E)does not contain openings, handholds, or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence, screen enclosure, or barrier; and (F)has a clearance at the bottom of not more than 4 inches above the ground. (2)

Above-ground pools

A requirement that any swimming pool that is an above-ground swimming pool— (A)has exterior sides that are non-climbable and are at least 4 feet high, at a minimum; and (B)if it has an access ladder or steps, the ladder or steps are removable without tools or able to be secured with a latching device when the pool is not in use. (3)

Exemption

In promulgating the swimming pool and spa safety standard, the Commission shall provide an exemption from any such requirements for a hot tub, spa, or portable spa that has a lockable cover that meets ASTM standard F1346 where such cover is in place and locked when the hot tub, spa, or portable spa is not in use. (d)

Entrapment, Entanglement, and Evisceration Prevention Standards

In promulgating the swimming pool and spa standard, the Commission shall require, at a minimum, the following: (1)

New pools

For new swimming pools constructed with a main drain, a requirement that any such pool be equipped with— (A)a drain system that contains at least a single, unblockable drain, or 2 suction outlets per pump, placed at least 3 feet apart or located on 2 different planes or surfaces, that prevent any single drain from becoming the sole inlet to the suction side of the pump; or (B)any other swimming pool drainage system that meets the standards of the American National Standards Institute (as published by the American Society of Mechanical Engineers) or the American Society for Testing and Materials. (2)

All pools

For all swimming pools, regardless of when constructed, a requirement that, unless the pool is constructed without a main drain, the pool be equipped with— (A)a suction outlet drain cover that meets ANSI/ASME standard A112.19.8M, is permanently marked with a maximum flow rating, and is anchored with non-corrosive fasteners, unless the drain is a single, unblockable drain; and (B)1 or more of the following: (i)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 ANSI/ASME standard A112.19.17 or ASTM standard F2387. (ii)A suction-limiting vent system with a tamper-resistant atmospheric opening. (iii)A gravity drainage system that utilizes a collector tank. (iv)Any other system that meets the standards of the American National Standards Institute (as published by the American Society of Mechanical Engineers) or the American Society for Testing and Materials.

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 States in hiring and training State and local government employees in implementing and enforcing State swimming pool safety standards enacted by the State, educating the public about swimming pool and spa safety related to their use by children, and administering swimming pool and spa safety programs. (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)applies to all swimming pools in the State; and (B)meets the minimum recommended swimming pool and spa safety standards promulgated by the Commission under section 3; 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 the population and relative enforcement needs of each qualifying State in awarding grants. (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 owners and operators about the standards under the swimming pool and spa safety law and to educate such owners and operators and the general public about the prevention of children from drowning and entrapment in swimming pools and spas; and (B)to educate pool construction and installation companies and pool service companies about the standards. (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.

National Education program

(a)

In General

The Commission shall establish and carry out a national 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 and drowning prevention. (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).

Definitions

In this Act: (1)

ANSI/ASME standard

The term ANSI/ASME 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)

Commission

The term Commission means the Consumer Product Safety Commission. (4)

New pool

The term new pool means any pool constructed more than 180 days after the effective date of a State statute enacted or amended after the date of enactment of this Act to establish State minimum swimming pool and spa safety standards that meet the recommended standards promulgated by the Commission under section 3. (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)

Single, unblockable drain

The term single, unblockable drain means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. (7)

Suction outlet drain cover

The term suction outlet drain cover means a drain cover which is designed to help prevent mechanical, body and hair entrapment and evisceration. (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.

CPSC reports

(a)

Rulemaking Progress

The Commission shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce within 1 year after the date of enactment of this Act on its progress toward issuing a final rule under section 3. The Commission shall include in the report an explanation of its reason for recommending certain standards or safety devices over other, alternative standards or safety devices. (b)

Efficacy of Grant Program

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.