[DOCID: f:sr182.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress
1st Session SENATE Report
110-182
_______________________________________________________________________
Calendar No. 381
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1771
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
September 20, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Calendar No. 381
110th Congress Report
SENATE
1st Session 110-182
======================================================================
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
_______
September 20, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1771]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1771) 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, having considered the same, reports favorably thereon
with amendments and recommends that the bill (as amended) do
pass.
PURPOSE OF THE BILL
The purpose of the Virginia Graeme Baker Pool and Spa
Safety Act, as reported, is to improve pool and spa safety
through the use of anti-entrapment devices and to encourage
State adoption of minimum mandatory swimming pool and spa
safety laws incorporating several layers of protection.
BACKGROUND AND NEEDS
Recent pool and spa safety statistics indicate a need for action
Between 1990 and 2000, drowning was the second leading
cause of unintentional death among children in the United
States ages one to nineteen.\1\ Furthermore, in 2004, there
were 3,308 unintentional drownings in the United States,
excluding boating-related incidents, an average of nine
drownings a day.\2\ The Centers for Disease Control and
Prevention reported that 430 children ages one to four drowned
in 2004, the majority of which occurred in pools.\3\ According
to a 2002 Safe Kids Worldwide survey, 838 children ages 14 and
under died in accidental drowning incidents. Many of these
deaths occurred in residential and public swimming pools and
hot tubs. As the popularity of pools and spas increase among
consumers and large, above-ground pools become more affordable,
the risk of death and injury due to accidental drowning
increases each year. There are approximately 4.7 million in-
ground pools in the United States, along with 3.6 million
above-ground pools and 5.4 million portable hot tubs in use.
---------------------------------------------------------------------------
\1\American Academy of Pediatrics, Policy Statement, ``Prevention
of Drowning in Infants, Children, and Adolescents,'' PEDIATRICS, Vol.
112, No. 2, August 2003.
\2\Centers for Disease Control, ``Water-Related Injuries: Fact
Sheet,'' www.cdc.gov/ncipc/factsheets/drown.htm, Accessed July 28,
2007.
\3\Centers for Disease Control and Prevention, National Center for
Injury Prevention and Control, 2004, United States Unintentional
Injuries-Drowning.
---------------------------------------------------------------------------
The Consumer Product Safety Commission (CPSC) has Federal
jurisdiction to regulate swimming pools as a consumer product.
To date, the CPSC has issued pool safety guidelines for owners
popularly known as the ``Layers of Protection.'' The four
``layers'' recommended by the CPSC include: (1) education for
children and parents on the risks that come with pools and
spas; (2) installation of multiple drains that would lessen the
suction force for each pool or spa drain; (3) installation of
anti-entrapment/anti-entanglement drain covers; and (4) the
installation of a gravity flow system or a Safety Vacuum
Release System. The current ``layers'' are not a mandatory
product safety standard. The American Society of Mechanical
Engineers (ASME) and the American National Standards Institute
(ANSI) have issued voluntary industry performance standards for
anti-entrapment drain covers as well as anti-entrapment devices
and drains. In light of the ongoing and increasing risks
related to swimming pools, the Committee found that legislative
action necessitating certain anti-entrapment technologies for
pools as well as encouraging States to require the ``four layer
protection'' concepts was prudent.
Submersion-related injuries and deaths, including suction entrapment,
have become a focus of inquiry by the Consumer Product Safety
Commission
The majority of child deaths that occur in pools and spas
are accidental drownings that occur when the child is not being
supervised. A smaller but significant cause of injuries and
deaths in pools is related to the mechanics of filtration
systems and pool architecture. One of the injury scenarios is
called entrapment. Entrapment occurs when a child becomes stuck
on a drain and is unable to escape due to the high velocity of
the water column being sucked into the drain. Entrapment
happens when pipes leading from the pool drain create a suction
that increases due to the blockage, thereby creating enough
force to hold the child underwater. The suction force can be as
much as 700 pounds per square inch. In recorded incidents where
a child has been entrapped, it has taken more than two adults
to pull a child off of the drain. Another alarming scenario
involving entrapment is when certain body parts get pulled onto
the drain. In extreme cases, disembowelment and/or evisceration
have occurred. Entanglement is the other cause of drowning,
which can involve long hair, a bathing suit, or some type of
jewelry that gets sucked into the drain and swirled around in
the vortex of the water column, making it almost impossible to
pull the entangled item free.
CPSC officials have indicated that they are aware of 74
cases of body entrapment, including 13 deaths between 1990 and
2004. These incidents occurred when a person's entire body or
individual limbs were held against, or sucked into, a pool or
spa drain. The CPSC is also aware of 43 incidents of hair
entanglement in the drains of pools, spas, and hot tubs between
1990 and 2004. Of this number, 12 resulted in drowning deaths.
Medical costs stemming from a submersion-related injury are
high. The CPSC estimates that an injury resulting in brain
damage can cost $160,000. Some injuries, due to an extended
hospital stay, can exceed $300,000.\4\ In a study conducted by
the CPSC of drowning and submersion incidents in Arizona,
Florida, and California, toddlers between the ages of one and
three account for 75 percent of submersion victims. This is the
case even though most of the victims were thought to have been
supervised, with 69 percent of the victims reportedly not
expected to be in or near the pool.\5\ The same study showed
that 65 percent of injuries ensued from swimming in a pool
owned by the victim's family.
---------------------------------------------------------------------------
\4\Consumer Product Safety Commission website, ``How to plan for
the unexpected,'' www.cpsc.gov/cpscpub/pubs/359.pdf, Accessed July 22,
2007.
\5\Id.
---------------------------------------------------------------------------
Time is critical in preventing children from drowning. The
CPSC has reported that three-quarters of all child victims were
missing for five minutes or less. Supervision is also
imperative in preventing submersion-related incidents, but an
adult's presence around swimming children is only the first
line of defense. In protecting children from drowning and
entrapment, State laws, local building codes, and Federal
guidelines have spawned requirements and recommendations for
various ``layers of protection'' to be physically added to
pools and spas as precautionary measures.
S. 1771 supplements current voluntary standards, State and local laws
and regulations, and CPSC guidelines on pool and spa safety
Pool and spa safety has traditionally been governed by
State law and local building codes which regulate the design,
construction, and maintenance of swimming pools and spas. State
and local regulations commonly find their origin in voluntary
standards developed by the pool and spa industry, consumer
safety groups, standards development organizations, and the
CPSC. Consumer safety groups have also stressed precautionary
measures to protect children from drowning, including such
devices as barrier fencing, anti-entrapment drain covers,
safety vacuum release systems, and anti-entrapment pool and spa
designs, including multiple drains, to reduce the suction force
of outlets.
The American Society for Testing and Materials (ASTM)
International, ASME, and the Association of Pool and Spa
Professionals, have developed standards that address various
layers of protection intended to prevent submersion injuries
and suction entrapment. These voluntary standards are primarily
intended for use by designers, builders, equipment installers,
manufacturers, and code officials. These standards are
technical in nature, but serve as necessary guidance for those
in the pool and spa industry, State and local governments, and
consumers. New model residential building codes developed by
the International Code Council in conjunction with ASME and
adopted by various States and localities mandate the use of
several devices, design standards, and performance standards to
improve safety.
Similarly, the CPSC has developed guidelines that address
pool and spa safety but are not enforced as mandatory
standards. For instance, the recently updated ``Guidelines for
Entrapment Hazards'' is a document used by many States and
localities as a model in developing building codes and
addressing entrapment risks. These guidelines focus on
implementation of the ``four layers of protection.''
SUMMARY OF PROVISIONS
The most significant provisions of S. 1771 would require
the CPSC to adopt the current, or revised, ASME/ANSI standard
on pool and spa drain covers as a consumer product safety rule.
Effective one year after the date of enactment, all new drain
covers manufactured, distributed, or sold in the stream of U.S.
commerce would be made to comply with the relevant national
performance standard, which is intended to reduce or eliminate
pool and spa entrapment incidents. In addition, public pools
and spas would be required to install appropriate anti-
entrapment devices by one year after the date of enactment. A
second aspect of the legislation would authorize a Federal
grant program designed to encourage States to pass
comprehensive mandatory pool and spa safety legislation.
Finally, the bill would authorize funds for the CPSC to conduct
a nationwide education campaign on pool and spa safety.
Federal Requirements for Pool and Spa Drain Covers. The
bill would require that all new pools with main drains be
fitted with drain covers that meet the current voluntary
industry standards issued by the ASME and ANSI. This
requirement would take effect one year after the date of
enactment. Public pools and spas must be equipped with ASME/
ANSI compliant devices or systems designed to prevent
entrapment by one year after the date of enactment.
State Grant Program for Enacting Pool and Spa Safety Laws.
The bill would establish a State swimming pool safety grant
program to provide incentives for States to adopt pool and spa
safety laws. The bill would authorize $2 million per year for
fiscal year (FY) 2009 and FY 2010 to provide these grants to
eligible States. In order to be eligible, a State would be
required to enact and enforce a law that applies universally to
all pools in the State and meets the minimum recommended
standards issued by the CPSC discussed below. The amount of a
grant to any particular State would be determined by the CPSC,
and disbursements would be based on population, enforcement
needs, and maximum benefit per grant. States would be required
to use at least half of awarded grants to hire and train
enforcement personnel and the remainder for education programs
and administrative costs related to training and education.
Minimum State Pool and Spa Safety Law Eligibility
Requirements. For the purposes of the CPSC determining grant
eligibility under the Act, a State would be required to mandate
by statute that any pool be enclosed by fencing or another
barrier and be equipped with at least one anti-entrapment
device. Pools and spas built one year after enactment must have
more than one drain; have one or more unblockable drains; or
have no main drain. Every pool and spa that has a main drain,
other than an unblockable drain, must be equipped with a drain
cover that complies with Section 4 of the Act. The CPSC would
be required to consider additional barriers, pool covers, self-
closing gates, and audible door alarms to prevent unsupervised
access to pools. The CPSC also would be required to include in
minimum State law standards at least one of five listed anti-
entrapment devices.
National Education Program for Pool and Spa Safety. The bill
requires the CPSC to establish and carry out a national
education program to educate the public, pool manufacturers,
pool retailers, pool servicing companies, and owners on the
dangers of accidental drowning and entrapment. The bill
authorizes $5 million for each of FY 2008-2012 for this
education campaign.
LEGISLATIVE HISTORY
The most recent hearing examining pool and spa safety was
held on May 3, 2006, by the Subcommittee on Consumer Affairs,
Product Safety, and Insurance. The Subcommittee heard testimony
regarding methods for eliminating or reducing risks associated
with pools and spas and provided a forum for increasing
consumer awareness of various water-related hazards.
On July 11, 2007, Senator Mark Pryor introduced S. 1771,
which was referred to the Committee on Commerce, Science and
Transportation. Commerce Committee members that cosponsored the
measure included Vice Chairman Stevens and Senators Klobuchar,
Hutchison, and McCain. Senators Dodd, Warner, Durbin, and
Coleman also cosponsored S. 1771.
On July 19, 2007, the Committee met in open executive session
to consider S. 1771. Senator Pryor offered an amendment that
made technical corrections to the legislation as introduced.
Senator Klobuchar offered three amendments to the Act. The
first amendment would allow the CPSC to use funds that were not
distributed to the States via the pool safety grant program to
be retained by the Commission for general enforcement of the
Consumer Product Safety Act. The second Klobuchar amendment
would mandate that, effective one year from the date of
enactment, all public pools and spas must be equipped with
devices or systems designed to prevent entrapment that are
compliant with the ASME/ANSI performance standards. The third
amendment, as modified by Vice Chairman Stevens, added a notice
requirement for residential pool owners to the requirements of
the grant program. To be eligible for a grant, a State pool
safety law would be required to provide periodic notification
about compliance with the ASME/ANSI anti-entrapment performance
standards to residential swimming pool owners. The Vice
Chairman's modification clarified that the notice provision
would impart no liability onto the State. All four amendments
to S. 1771 were accepted en bloc. The Virginia Graeme Baker
Pool and Spa Safety Act, as amended, was accepted by voice vote
and Chairman Inouye ordered the bill to be reported.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1771--Virginia Graeme Baker Pool and Spa Safety Act
Summary: S. 1771 would require the Consumer Product Safety
Commission (CPSC) to undertake several initiatives intended to
improve the safe use--especially among children--of swimming
pools, spas, and similar products. It would require the agency
to issue regulations designed to reduce the risk of entrapment
in all pools and spas manufactured or distributed within the
United States. It would establish a new grant program within
the CPSC to assist states in enforcing pool and spa safety
standards that meet certain federal guidelines. The bill also
would authorize funding of a public education program about
pool safety.
Assuming appropriation of the specified amounts, CBO
estimates that implementing the bill would cost $4 million in
2008 and $28 million over the 2008-2012 period. Enacting S.
1771 would not affect direct spending or receipts.
S. 1771 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
preempt state and local standards governing the safety of
public swimming pools and spas and require that all publicly
owned swimming pools and spas be equipped with anti-entrapment
devices. CBO concludes that while many local governments
already meet the standards specified in the bill, some cities,
counties, and public schools would incur costs to purchase
equipment or modify pools. In aggregate, CBO estimates that the
costs of complying with the intergovernmental mandates in the
bill would total less than $40 million in 2008 and thus would
not exceed the threshold established in UMRA ($66 million in
2007, adjusted annually for inflation).
S. 1771 also contains private-sector mandates as defined in
UMRA. The bill would prohibit the manufacture, sale or
distribution of drain covers that do not meet certain
entrapment protection safety standards. It also would require
all public pools to be equipped with certain devices or systems
designed to prevent entrapment by pool and spa drains. Because
of uncertainty about the number of pools and spas that are
already in compliance with the mandate, CBO cannot determine
whether the aggregate direct cost of the mandates would exceed
the annual threshold established in UMRA for private-sector
mandates ($131 million in 2007, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1771 is shown in the following table.
The costs of this legislation fall within budget function 550
(health).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............. 5 7 7 5 5
Estimated Outlays............... 4 6 6 6 6
------------------------------------------------------------------------
Basis of estimate: S.1771 would authorize the appropriation
of $2 million a year for fiscal years 2009 and 2010 for a new
grant program to be administered by the CPSC. States that have
laws governing pool and spa safety that meet certain
requirements specified in the bill would be eligible for grants
to enforce those laws and to educate pool builders, owners, and
the public about pool safety. States would be required to use
at least half of their grant funds to enforce their pool safety
laws.
The bill also would authorize the appropriation of $5
million annually over the 2008-2012 period for the CPSC to
establish a program designed to educate the public about pool
and spa safety.
Assuming appropriation of the specified amounts, CBO
estimates that implementing these programs would cost $4
million in 2008 and $28 million over the 2008-2012 period.
Estimated impact on state, local, and tribal goverments:
Most state and local governments currently have laws governing
the safety of swimming pools and spas, including standards for
drainage systems. S. 1771 would preempt those standards and
require that all public pools and spas comply with the
standards specified in the bill. That preemption would be an
intergovernmental mandate as defined in UMRA. However, because
the preemption would simply limit the application of state and
local laws, CBO estimates that it would not impose significant
costs on state or local governments.
The bill also would require, within one year of enactment,
that all publicly owned pools and spas be equipped with devices
or systems to prevent entrapment in drainage systems. Equipment
could include drain covers, vacuum release systems, or dual-
drain systems. The requirement to install equipment or modify a
pool or spa constitutes an intergovernmental mandate on city
and county governments, including public school systems. While
many state and local governments already have standards that
are similar to the requirements in the bill, some of those laws
and local ordinances exempt certain pools and spas. Local
governments operating such exempt facilities would likely incur
costs to purchase equipment or modify pools in order to comply
with the new federal standards. According to industry and
government officials, those costs would range from $100 to
$4,000 per pool, depending on the pool's size, design, and age.
Based on information from a survey of more than 40 city and
school officials across the country, CBO estimates that,
assuming S. 1771 is enacted near the start of fiscal year 2008,
the cost to governmental entities to comply with this mandate
would total less than $40 million in that year. Thus, the
estimated costs would not exceed the threshold established in
UMRA for intergovernmental mandates ($66 million in 2007,
adjusted annually for inflation).
The bill also would provide grants to states for
implementing and enforcing state laws that govern pool and spa
safety. To receive the grants, states would have to have laws
that comply with federal guidelines.
Estimated impact on the private sector: S. 1771 would
impose private sector mandates as defined in UMRA. The bill
would impose a mandate on manufacturers, distributors, and
sellers of pool and spa drain covers by requiring that any
swimming pool or spa drain cover manufactured, distributed, or
entered into commerce in the United States meet certain
entrapment protection standards developed by the American
Society of Mechanical Engineers and the American National
Standards Institute (ASME/ANSI). Based on information from the
CPSC and industry sources, CBO estimates that the incremental
cost to comply with this mandate would not exceed the annual
threshold established in UMRA ($131 million in 2007, adjusted
annually for inflation).
The bill also would require that public pools and spas--
including pools and spas operated by hotels, organizations, and
residential communities--be equipped with devices and systems
designed to prevent entrapment by pool or spa drains that
comply with the ASME/ANSI performance standard. Depending on
the facility, such equipment could include drain covers,
vacuum-release systems, or dual-drain systems. Because of
uncertainty about the number of pools and spas already in
compliance with the mandate, CBO cannot determine the
incremental cost of the mandate. Consequently, CBO cannot
determine whether the total direct cost of the mandates in the
bill would exceed the annual threshold established by UMRA for
private-sector mandates.
Estimate prepared by: Federal Spending: Geoffrey Gerhardt;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of persons covered
Within one year of enactment, manufacturers, distributors,
and retail sellers of pool and spa drain covers would be
required to configure and or restock their drain cover product
lines to comply with the ASME/ANSI anti-entrapment performance
standards. The owners of public pools would be required to
retrofit their pools with ASME/ANSI compliant drain covers or
ASME/ANSI compliant anti-entrapment devices. Residential and
public pool owners may face additional State pool and spa
safety requirements depending on whether the States pass laws
compliant with the State Swimming Pool Safety Grant Program.
Economic impact
S. 1771 is not expected to have an adverse impact on the
Nation's economy. Rather, requiring new pool and spa drain
covers to comply with the ASME/ANSI performance standard as
well as requiring public pools to have ASME/ANSI compliant
anti-entrapment devices or systems should reduce the societal
cost stemming from significant brain or bodily injuries.
Privacy
S. 1771 would have no anticipated impact on the privacy
rights of individuals.
Paperwork
The Committee does not anticipate a major increase in
paperwork burdens for private industry resulting from the
passage of this legislation. In those areas where the bill
would require additional paperwork, the burden would rest upon
the CPSC to submit a report describing the implementation of
the grant program.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 cites the short title of the bill as the
``Virginia Graeme Baker Pool and Spa Safety Act.''
Section 2. Findings
The section would establish drowning as the second leading
cause of accidental death in children ages 14 and under. In
addition, the section would establish the importance of
parental supervision, barriers to entry, and other layers of
protection in preventing child drownings.
Section 3. Definitions
The section defines certain provisions of the Act.
Definitions of note include:
ASME/ANSI--The term ASME/ASNI as applied to a safety
standard means the standard is accredited by the American
Society of Mechanical Engineers and the American National
Standards Institute.
Barrier--Natural or constructed topographical feature that
prevents unpermitted access to a swimming pool, and, with
respect to a hot tub, a lockable cover.
Main Drain--Submerged suction outlet typically located at
the bottom of a pool or spa to conduct water to a re-
circulating pump.
Safety Vacuum Release System--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.
Unblockable Drain--A drain of any size and shape that a
human body cannot sufficiently block to create a suction
entrapment hazard.
Swimming Pool; Spa--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.
Section 4. Federal swimming pool and spa drain cover standard
One year after the date of enactment, the Act would require
every pool or spa drain cover manufactured, distributed, or
entering into the stream of commerce to conform to the ASME/
ANSI Standard A112.19.8M or any successor standard regulating
such covers. The standard would be treated as a consumer
product safety rule issued by the CPSC under the Consumer
Product Safety Act (15 U.S.C. 2051 et seq) (hereinafter known
as CPSA).
Public Pools. Effective one year after the date of
enactment, the Act would require each public pool and spa be
equipped with devices or systems designed to prevent entrapment
by pool or spa drains compliant with the ASME/ANSI performance
standard, or any successor standard. ``Public pool and spa''
would be defined as a pool or spa that is:
<bullet> Open to the public generally, whether for a
fee or free of charge;
<bullet> 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
<bullet> 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.
Public pools and spas that are not in compliance would be
considered in violation of Section 19(a)(1) of the CPSA and may
also be subject to enforcement under Section 17 of the CPSA.
Section 5. State swimming pool safety grant program
The section would authorize $2 million per year for FY 2009
and FY 2010 for the CPSC to establish a grant program to
provide incentives to States to enact pool and spa safety laws.
The section would require States to enact State statutes that
apply to all pools and spas in the State and meet the
requirements of the minimum State law standards established by
the CPSC under Section 6 to be eligible for a grant award. In
providing a grant award to a State, the CPSC would consider
population, enforcement needs, and maximum program benefit in
allocating grant funds. States would be required to use at
least 50 percent of grant funds made available under the Act to
hire and train enforcement personnel for the State pool and spa
safety law. The remainder of the funds would be used to educate
pool owners, construction companies, servicing companies, and
the general public about State pool and spa safety laws and the
dangers associated with accidental drowning and entrapment. The
funds also may be used for State administrative costs related
to training and education. Unspent or unobligated funds would
be retained by the CPSC.
Section 6. Minimum State law requirements
For the purposes of the CPSC determining grant eligibility
under the Act, a State would need to require by statute that:
<bullet> 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 outdoor pool
or spa;
<bullet> All pools and spas be equipped with devices
and systems designed to prevent entrapment by pool or
spa drains;
<bullet> All pools and spas built more than one year
after the date of enactment have either--
(i) More than one drain;
(ii) One or more unblockable drains; or
(iii) No main drain;
<bullet>All pools and spas that have a main drain
that is not an unblockable drain be equipped with a
drain cover that is compliant with Section 4 of this
Act; and
<bullet>Periodic notification be provided to owners
of residential swimming pools and spas about compliance
with ASME/ANSI anti-entrapment performance standard.
Such notice provided by the State would not impart or
imply liability on the part of the State.
In addition, the State would need to meet any additional
State law requirements for pools and spas that the CPSC may
establish after public notice and a 30-day comment period.
The CPSC would use the minimum State law requirements only
for determining a State's eligibility for a grant under Section
5 of this Act. The CPSC would not have the authority to enforce
the requirements under this section except for the purpose of
determining grant eligibility.
State Minimum Law Requirements to Reflect National
Performance Standards and CPSC Guidelines. When establishing
the requirements to evaluate state eligibility for a grant
award under Section 5, the CPSC would be required to:
<bullet> Consider current or revised national
performance standards for pool and spa barrier
protection and entrapment prevention, such as the
current ASME/ANSI standards on those subjects; and
<bullet> Ensure those requirements are consistent
with the guidelines contained in the CPSC publication
362, entitled ``Safety Barrier Guidelines for Home
Pools,'' the CPSC publication entitled ``Guidelines for
Entrapment Hazards: Making Pools and Spas Safer,'' and
any other pool safety guidelines established by the
CPSC.
Nothing in Section 6 would prevent the CPSC from promulgating
standards regulating pool and spa safety or from relying on an
applicable national performance standard.
Access Related Safety Devices and Equipment Requirements to
be Considered. In addition to the national performance
standards and the CPSC pool and spa safety guidelines, the CPSC
would consider the following device and equipment requirements
for eligible State laws:
<bullet> Pool safety covers;
<bullet> A gate with direct access to a swimming pool
or spa that is equipped with a self-closing, self-
latching device;
<bullet> Any door with direct access to a swimming
pool or spa be equipped with an audible alert device or
alarm which sounds when the door is opened; and
<bullet> A device designed to provide rapid detection
of an entry into the water of a swimming pool or spa.
Entrapment, Entanglement, and Evisceration Prevention
Standards to be Required. In establishing additional minimum
State law requirements for grant eligibility, the CPSC shall
require, at a minimum, one or more of the following for State
grant eligibility:
<bullet> Safety Vacuum Release System--The system
must cease operation of the pump, reverse the
circulation flow, or otherwise provide a vacuum release
at the suction outlet when a blockage is detected. The
system must be tested by an independent third party and
conform to the appropriate ASME/ANSI standard or its
successor standard;
<bullet> Suction-Limiting Vent System--A suction
limiting vent system with a tamper resistant
atmospheric opening;
<bullet> Gravity Drainage System--A gravity drainage
system that utilizes a collector tank;
<bullet> Automatic Pump Shut-Off System;
<bullet> Drain Disablement--A device or system that
disables the drain; or
<bullet> Other Systems--Any other system determined
by the CPSC to be equally effective or better than the
systems described in this paragraph at preventing or
eliminating the risk of injury or death associated with
pool drainage systems.
States would not have to mandate these systems for pools
constructed without a single main drain. Any device described
in this paragraph would be required to 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.
Section 7. Education program
This section would authorize $5 million for each of FY
2008-2012 for the CPSC to carry out a national education
campaign to help prevent drowning and entrapment in pools. The
section also would require the CPSC to develop educational
materials for pool manufacturers, pool service companies, pool
retailers, and pool owners and operators, and would require the
CPSC to conduct a national media campaign to promote awareness
of pool and spa safety.
Section 8. CPSC report
The section would require the CPSC report to Congress each
year a grant was made under Section 5 on the implementation of
the grant program.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill, as reported, would make no change to existing law.
<all>