[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.