Pool and Spa Safety Act - (Sec. 3) Requires each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States to conform to specified ASME/ANSI entrapment protection standards. Considers that requirement to be a consumer product safety rule issued by the Consumer Product Safety Commission (CPSC) under certain provisions of the Consumer Product Safety Act.
(Sec. 4) Establishes a program of grants to states to: (1) hire and train enforcement personnel; and (2) educate pool construction, installation, and service companies, pool owners and operators, and other members of the public. Conditions grants on a state imposing certain requirements by statute, including: (1) enclosure of residential pools and spas to prevent small children from gaining unsupervised access; and (2) drain entrapment prevention devices and systems on all pools and spas.
(Sec. 6) Requires the CPSC to establish and carry out a public education program on methods to prevent drowning and entrapment in pools and spas. Authorizes appropriations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3718 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3718
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2006
Mr. Allen (for himself, Mr. Stevens, Mr. DeWine, and Mr. Dodd)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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, 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 safety requirements.
Sec. 4. Recommended State law standards.
Sec. 5. State swimming pool safety grant program.
Sec. 6. Education program.
Sec. 7. Definitions.
Sec. 8. CPSC reports.
SEC. 2. FINDINGS.
The Congress finds that--
(1) of injury-related deaths, 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;
(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 SAFETY REQUIREMENTS.
(a) All Pools and Spas.--
(1) In general.--Every swimming pool and spa in the United
States that has a main drain, other than an unblockable drain,
shall be equipped with a drain cover that meets the ASME/ANSI
A112.19.8M performance standard, or any successor ASME/ANSI
standard.
(2) Effective date.--This subsection shall take effect 1
year after the date of enactment of this Act.
(b) Pools and Spas Built After Date of Enactment.--Every swimming
pool and spa built more than 1 year after the date of enactment of this
Act shall have--
(1) more than 1 drain;
(2) 1 or more unblockable drains; or
(3) no main drain.
(c) Enforcement.--This section may be enforced by State and local
governments through building code inspectors, pool and spa safety
inspections, or otherwise, and subject to the same penalties as would
apply for violations of State or local laws in pari materia.
(d) No Preemption.--Nothing in this section preempts or supersedes
any State or local law, regulation, or other requirement that imposes
additional or more stringent standards for swimming pools or spas
except to the extent that compliance with such law, regulation, or
other requirement would violate the requirements of subsection (a) or
(b).
SEC. 4. RECOMMENDED STATE LAW 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 and unfettered 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 5 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 5 of this Act.
(4) Standards to reflect national performance standards and
commission guidelines.--In promulgating standards under this
Act, 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 standards promulgated under
this Act 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) 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 (which may be an exterior
wall of a residence or other structure); and
(2) any swimming pool or spa with a main drain is equipped,
at a minimum, with at least 1 of the anti-entrapment devices
described in subsection (d).
(c) Basic Access-Related Safety Devices and Equipment To Be
Considered.--In promulgating the swimming pool and spa standard, the
Commission shall consider the following options:
(1) Barriers.--A wall, fence, enclosure, or barrier between
the swimming pool and the portion of the building that forms
part of the enclosure.
(2) Covers.--A safety pool cover.
(3) Gates.--A gate with direct access to the swimming pool
that is equipped with a self-closing, self-latching device.
(4) 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.
(d) Entrapment, Entanglement, and Evisceration Prevention Standards
To Be Required.--In promulgating the swimming pool and spa standard,
the Commission shall require, at a minimum, 1 or more of the following
(except for pools constructed without a main drain):
(1) 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.
(2) Suction-limiting vent system.--A suction-limiting vent
system with a tamper-resistant atmospheric opening.
(3) Gravity drainage system.--A gravity drainage system
that utilizes a collector tank.
(4) Automatic pump shut-off system.--An automatic pump
shut-off system.
(5) Drain disablement.--A device or system that disables
the drain.
(6) Other systems.--Any other system determined by the
Commission to be equally effective as, or better than, the
systems described in paragraphs (1) through (5) of this
subsection at preventing or eliminating the risk of injury or
death for children associated with pool drainage systems.
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 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 4; 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.
(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 children using swimming pools and spas
from drowning or becoming entrapped; 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.
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 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) New pool.--The term ``new pool'' means a 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 4.
(7) 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.
(8) 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.
(9) 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.
(10) 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 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 4. The Commission shall include in the report
an explanation of its reason for recommending certain standards over
other, alternative standards.
(b) Efficacy of Grant Program.--Within 1 year after the close of
each fiscal year for which grants are made under section 5, the
Commission shall submit a report to the Congress evaluating the
effectiveness of the grant program authorized by that section.D23/
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with an amendment in the nature of a substitute. With written report No. 109-357.
Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with an amendment in the nature of a substitute. With written report No. 109-357.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 654.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR 12/7/2006 S11383-11384; text as passed Senate: CR 12/7/2006 S11383-11384)
Passed Senate with an amendment by Unanimous Consent. (consideration: CR 12/7/2006 S11383-11384; text as passed Senate: CR 12/7/2006 S11383-11384)
Message on Senate action sent to the House.
Received in the House.
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Held at the desk.
Mr. Barton (TX) moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR 12/8/2006 H9200-9202)
DEBATE - The House proceeded with forty minutes of debate on S. 3718.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR 12/8/2006 H9302-9303)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 191 - 108 (Roll no. 542).(text: CR 12/8/2006 H9200-9202)
Roll Call #542 (House)On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 191 - 108 (Roll no. 542). (text: CR 12/8/2006 H9200-9202)
Roll Call #542 (House)Motion to reconsider laid on the table Agreed to without objection.