15 USC 8005 - Minimum State law requirements

Collapse to view only § 8005. Minimum State law requirements

§ 8001. Findings
§ 8002. Definitions
§ 8003. Federal swimming pool and spa drain cover standard
§ 8004. Swimming pool safety grant program
§ 8005. Minimum State law requirements
§ 8006. Education and awareness program
§ 8007. CPSC report
§ 8008. Applicability

§ 8001. 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.

(Pub. L. 110–140, title XIV, § 1402, Dec. 19, 2007, 121 Stat. 1794.)

§ 8002. Definitions

In this chapter:

(1) ASME/ANSI

(2) Barrier

(3) Commission

(4) Covered entity

The term “covered entity” means—

(A) a State; or

(B) an Indian Tribe.

(5) Indian Tribe

(6) Main drain

(7) Safety vacuum release system

(8) Swimming pool; spa

(9) Unblockable drain

(10) State

(Pub. L. 110–140, title XIV, § 1403, Dec. 19, 2007, 121 Stat. 1795; Pub. L. 110–314, title II, § 238(1), Aug. 14, 2008, 122 Stat. 3076; Pub. L. 112–10, div. B, title V, § 1576(a), Apr. 15, 2011, 125 Stat. 139; Pub. L. 117–328, div. BB, title IV, § 401, Dec. 29, 2022, 136 Stat. 5562.)

§ 8003. Federal swimming pool and spa drain cover standard

(a) Consumer product safety rule

(b) Drain cover standard

(1) Required equipment

(A) In generalBeginning 1 year after December 19, 2007—

(i) each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and

(ii) each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B):(I) Safety vacuum release system(II) Suction-limiting vent system(III) Gravity drainage system(IV) Automatic pump shut-off system(V) Drain disablement(VI) Other systems

(B) Applicable standards

(2) Public pool and spa definedIn 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

(Pub. L. 110–140, title XIV, § 1404, Dec. 19, 2007, 121 Stat. 1795; Pub. L. 110–314, title II, § 238(2), Aug. 14, 2008, 122 Stat. 3076.)

§ 8004. Swimming pool safety grant program

(a) In general

(b) EligibilityTo be eligible for a grant under the program, a covered entity shall—

(1) demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an application to the Commission for a grant under this section, the covered entity has enacted and provides for the enforcement of a statute that—

(A) except as provided in section 8005(a)(1)(A)(i) of this title, applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and

(B) meets the minimum State law requirements of section 8005 of this title; and

(2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require.

(1) the population of the covered entity;

(2) the relative enforcement and implementation needs of the covered entity; and

(3) 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 fundsA State or an Indian Tribe receiving a grant under this section shall use—

(1) at least 25 percent of amounts made available—

(A) to hire and train personnel for implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and

(B) to defray administrative costs associated with the hiring and training programs under subparagraph (A); and

(2) the remainder—

(A) to educate pool owners, pool operators, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and

(B) to defray administrative costs associated with the education programs under subparagraph (A).

(e) Authorization of appropriations

(Pub. L. 110–140, title XIV, § 1405, Dec. 19, 2007, 121 Stat. 1796; Pub. L. 112–10, div. B, title V, § 1576(b), Apr. 15, 2011, 125 Stat. 139; Pub. L. 112–74, div. C, title V, § 502, Dec. 23, 2011, 125 Stat. 908; Pub. L. 113–76, div. E, title V, § 501(1), Jan. 17, 2014, 128 Stat. 208; Pub. L. 117–328, div. BB, title IV, § 402(a), Dec. 29, 2022, 136 Stat. 5562.)

§ 8005. Minimum State law requirements

(a) In general

(1) Safety standardsA 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; and

(ii) 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; 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 requirementsThe Commission—

(A) shall use the minimum State law requirements under paragraph (1) solely for the purpose of determining the eligibility of a covered entity for a grant under section 8004 of this title; and

(B) may not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a covered entity for a grant under section 8004 of this title.

(3) Requirements to reflect national performance standards and Commission guidelinesIn establishing minimum State law requirements under paragraph (1)(B), 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

(c) Basic access-related safety devices and equipment requirements to be consideredIn establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:

(1) Covers

(2) Gates

(3) Doors

(4) Pool alarm

(d) Entrapment, entanglement, and evisceration prevention standards to be required

(1) In generalIn 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

(B) Suction-limiting vent system

(D) Automatic pump shut-off system

(E) Drain disablement

(F) Other systems

(2) Applicable standards

(e) State defined

(Pub. L. 110–140, title XIV, § 1406, Dec. 19, 2007, 121 Stat. 1797; Pub. L. 113–76, div. E, title V, § 501(2), Jan. 17, 2014, 128 Stat. 209; Pub. L. 117–328, div. BB, title IV, § 402(b), Dec. 29, 2022, 136 Stat. 5563.)

§ 8006. Education and awareness program

(a) In general

The Commission shall establish and carry out an education and awareness 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 swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement;

(2) educational materials designed for swimming pool and spa owners and operators, consumers, States, and Indian Tribes; and

(3) a national media campaign to promote awareness of swimming pool and spa safety.

(b) Authorization of appropriations

(Pub. L. 110–140, title XIV, § 1407, Dec. 19, 2007, 121 Stat. 1799; Pub. L. 117–328, div. BB, title IV, § 403, Dec. 29, 2022, 136 Stat. 5563.)

§ 8007. CPSC report

Not later than 1 year after the last day of each fiscal year for which grants are made under section 8004 of this title, the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section.

(Pub. L. 110–140, title XIV, § 1408, Dec. 19, 2007, 121 Stat. 1800.)

§ 8008. Applicability

This chapter 1

1 See References in Text note below.

is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

(Pub. L. 110–140, title XIV, § 1409, as added Pub. L. 110–314, title II, § 238(3), Aug. 14, 2008, 122 Stat. 3076.)