U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

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 

SEPTEMBER 20, 2007.—Ordered to be printed 


rwilkins on PROD1PC63 with HEARINGcongress.#13
(II) 

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 Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

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 


rwilkins on PROD1PC63 with HEARING
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. 

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 DisVerDate Aug 31 2005 23:11 Sep 21, 2007 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR182.XXX SR182

rwilkins on PROD1PC63 with HEARING
2 

3 Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, 2004, United States Unintentional Injuries-Drowning. 

ease 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. 

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 


rwilkins on PROD1PC63 with HEARING
3 

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. 

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. 

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 


rwilkins on PROD1PC63 with HEARING
4 

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 


rwilkins on PROD1PC63 with HEARING
5 

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. 


rwilkins on PROD1PC63 with HEARING
6 

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 


rwilkins on PROD1PC63 with HEARING
7 

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 


rwilkins on PROD1PC63 with HEARING
8 

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 RamirezBranum; 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 antientrapment 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. 


rwilkins on PROD1PC63 with HEARING
9 

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 


rwilkins on PROD1PC63 with HEARING
10 

any successor standard. ‘‘Public pool and spa’’ would be defined as 

a pool or spa that is: 

• Open to the public generally, whether for a fee or free of 

charge; 

• 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 

• 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: 

• 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; 

• All pools and spas be equipped with devices and systems 

designed to prevent entrapment by pool or spa drains; 

• 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; 


rwilkins on PROD1PC63 with HEARING
11 

• 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 • 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: • 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 • 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: 

• Pool safety covers; 

• A gate with direct access to a swimming pool or spa that 

is equipped with a self-closing, self-latching device; 

• 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 

• 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: 

• 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 indeVerDate Aug 31 2005 23:11 Sep 21, 2007 Jkt 059010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR182.XXX SR182

rwilkins on PROD1PC63 with HEARING
12 

pendent third party and conform to the appropriate ASME/ 

ANSI standard or its successor standard; • Suction-Limiting Vent System—A suction limiting vent 

system with a tamper resistant atmospheric opening; • Gravity Drainage System—A gravity drainage system that 

utilizes a collector tank; • Automatic Pump Shut-Off System; • Drain Disablement—A device or system that disables the 

drain; or • 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. 

Æ 


rwilkins on PROD1PC63 with HEARING