TITLE XIV—POOL AND SPA SAFETY

Virginia Graeme
Baker Pool and
Spa Safety Act.
                SEC. 1401. SHORT TITLE.
15 USC 8001
note.
                    This title may be cited as the ‘‘Virginia Graeme Baker Pool
                and Spa Safety Act’’.

             SEC. 1402. FINDINGS.                                           15 USC 8001.

SEC. 1403. DEFINITIONS.                                                15 USC 8002.

    In this title:
         (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 Con-
    sumer Product Safety Commission.
         (4) MAIN DRAIN.—The term ‘‘main drain’’ means a sub-
    merged suction outlet typically located at the bottom of a pool
    or spa to conduct water to a recirculating 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 swim-
    ming 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. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER                   15 USC 8003.
              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          Effective date.
of enactment of this title, 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) REQUIRED EQUIPMENT.—
              (A) IN GENERAL.—Beginning 1 year after the date of       Effective date.
         enactment of this title—
                   (i) each public pool and spa in the United States
              shall be equipped with anti-entrapment devices or sys-
              tems 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.—A safety
                   vacuum release system which ceases operation of
                                the pump, reverses the circulation flow, or other-
                                wise 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 con-
                                form to ASME/ANSI standard A112.19.17 or
                                ASTM standard F2387.
                                      (II) SUCTION-LIMITING VENT SYSTEM.—A suc-
                                tion-limiting vent system with a tamper-resistant
                                atmospheric opening.
                                      (III) GRAVITY DRAINAGE SYSTEM.—A gravity
                                drainage system that utilizes a collector tank.
                                      (IV) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An
                                automatic pump shut-off system.
                                      (V) DRAIN DISABLEMENT.—A device or system
                                that disables the drain.
                                      (VI) OTHER SYSTEMS.—Any other system
                                determined by the Commission to be equally effec-
                                tive as, or better than, the systems described in
                                subclauses (I) through (V) of this clause at pre-
                                venting or eliminating the risk of injury or death
                                associated with pool drainage systems.
                           (B) APPLICABLE STANDARDS.—Any device or system
                      described in subparagraph (A)(ii) shall meet the require-
                      ments 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.
                      (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 develop-
                           ment, 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 accommoda-
                           tions 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. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
15 USC 8004.

                 (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 title, 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 1406(a)(1)(A)(i),
          applies to all swimming pools in the State; and
               (B) meets the minimum State law requirements of
          section 1406; 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 title, 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 pro-
     vide the maximum benefit from the program in terms of pro-
     tecting children from drowning or entrapment, and, in making
     that allocation, shall give priority to States that have not
     received a grant under this title 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 compa-
          nies 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 swim-
          ming 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. 1406. MINIMUM STATE LAW REQUIREMENTS.                                15 USC 8005.

     (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 pre-
               vent 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;
                                    (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 1404; 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 require-
Notification.
Comment period.           ments 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 notifica-
                     tion requirement under paragraph (1)(A)(v) shall not be con-
                     strued to imply any liability on the part of a State related
                     to that requirement.
                          (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 1405
                          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 1405 of this Act.
                          (4) REQUIREMENTS TO REFLECT NATIONAL PERFORMANCE
                     STANDARDS AND COMMISSION GUIDELINES.—In establishing min-
                     imum State law requirements under paragraph (1), the
                     Commission shall—
                               (A) consider current or revised national performance
                          standards on pool and spa barrier protection and entrap-
                          ment prevention; and
                               (B) ensure that any such requirements are consistent
                          with the guidelines contained in the Commission’s publica-
                          tion 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 Commis-
                sion 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 sub-
                section (a)(1), the Commission shall consider the following require-
                ments:
                          (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 detec-
     tion of an entry into the water of a swimming pool or spa.
     (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERATION PREVEN-
TION STANDARDS TO BE REQUIRED.—
          (1) IN GENERAL.—In establishing additional minimum State
     law requirements for swimming pools and spas under sub-
     section (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, or any successor
          standard.
               (B) SUCTION-LIMITING VENT SYSTEM.—A suction-lim-
          iting 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 dis-
          ables 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 sys-
          tems.
          (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. 1407. EDUCATION PROGRAM.                                         15 USC 8006.

     (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).