[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Reported in Senate (RS)]
Calendar No. 381
110th CONGRESS
1st Session
S. 1771
[Report No. 110-182]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2007
Mr. Pryor (for himself, Mr. Dodd, Mr. Stevens, Mrs. Hutchison, Ms.
Klobuchar, Mr. Warner, Mr. Durbin, Mr. McCain, Mr. Coleman, and Mr.
Kerry) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
September 20, 2007
Reported by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virginia Graeme Baker Pool and Spa
Safety Act''.
SEC. 2. 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. 3. DEFINITIONS.
In this Act:
(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 re-circulating 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
above-ground 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. 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.).
(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.
(c) Public Pools.--
(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.
(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. 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.
(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 6(a)(1)(A)(i),
applies to all swimming pools in the State; and
(B) meets the minimum State law requirements of
section 6; 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 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. 6. 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; <DELETED>and
</DELETED> (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; 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.
<DELETED>(2) </DELETED>(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 5 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 5 of
this Act.
<DELETED>(3) </DELETED>(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 <DELETED>F2387.
</DELETED>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. 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--
(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. 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 the <DELETED>effectiveness
</DELETED>implementation of the grant program authorized by that
section.
Calendar No. 381
110th CONGRESS
1st Session
S. 1771
[Report No. 110-182]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 20, 2007
Reported with amendments