II 

Calendar No. 417 

110TH CONGRESS 

1ST SESSION H. R. 1721 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 15, 2007 

Received; read twice and placed on the calendar 

AN ACT 

To increase the safety of swimming pools and spas by requiring the use of proper anti-entrapment drain covers and 

pool and spa drainage systems, by establishing a swimming pool safety grant program administered by the 

Consumer Product Safety Commission to encourage 

States to improve their pool and spa safety laws and 

to educate the public about pool and spa safety, and 

for other purposes. 


bajohnson on PROD1PC77 with BILLS
2 

HR 1721 PCS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Virginia Graeme Baker Pool and Spa Safety Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Federal swimming pool and spa drain cover standard. 

Sec. 4. State swimming pool safety grant program. 

Sec. 5. Minimum State law requirements. 

Sec. 6. Education program. 

Sec. 7. Definitions. 

Sec. 8. CPSC report. 

8 SEC. 2. FINDINGS. 

9 The Congress finds that— 

10 (1) of injury-related deaths, drowning is the 

11 second leading cause of death in children aged 1 to 

12 14 in the United States; 

13 (2) there are approximately 260 drowning 

14 deaths of children younger than age 5 each year in 

15 swimming pools, and an estimated 2,725 children 

16 are treated annually in hospital emergency rooms for 

17 pool submersion injuries, mostly in residential pools; 

18 (3) many children die due to pool and spa 

19 drowning and entrapment, such as Virginia Graeme 

20 Baker, who at age 7 drowned by entrapment in a 

21 residential spa, and Preston de Ibern, who at age 5 


bajohnson on PROD1PC77 with BILLS
3 

HR 1721 PCS

1 nearly drowned and was left permanently brain dam2 aged, finally succumbing to his catastrophic 

3 healthcare issues when he was 12 years old; 

4 (4) adult supervision at all aquatic venues is a 

5 critical safety factor in preventing children from 

6 drowning; and 

7 (5) research studies show that the installation 

8 and proper use of barriers or fencing, as well as ad9 ditional layers of protection, could substantially re10 duce the number of childhood residential swimming 

11 pool drownings and near drownings. 

12 SEC. 3. FEDERAL SWIMMING POOL AND SPA DRAIN COVER 

13 STANDARD. 

14 (a) CONSUMER PRODUCT SAFETY RULE.—The pro15 visions of subsection (b) shall be considered to be a con16 sumer product safety rule issued by the Consumer Product 

17 Safety Commission under section 9 of the Consumer Prod18 uct Safety Act (15 U.S.C. 2058). 

19 (b) DRAIN COVER STANDARD.—Effective 1 year 

20 after the date of enactment of this Act, each swimming 

21 pool or spa drain cover manufactured, distributed, or en22 tered into commerce in the United States shall conform 

23 to the entrapment protection standards of the ASME/ 

24 ANSI A112.19.8 performance standard. 


bajohnson on PROD1PC77 with BILLS
4 

HR 1721 PCS

1 (c) REVISION OF RULE.—If, after the enactment of 

2 this Act, ANSI proposes to revise the entrapment protec3 tion requirements of ASME/ANSI A112.19.8, ANSI shall 

4 notify the Consumer Product Safety Commission of the 

5 proposed revision and the proposed revision shall be incor6 porated in the consumer product safety rule under sub7 section (a) unless, within 60 days of such notice, the Com8 mission notifies ANSI that the Commission has deter9 mined that such revision does not carry out the purposes 

10 of subsection (b). 

11 (d) IMPLEMENTING REGULATIONS.—Section 553 of 

12 title 5, United States Code, shall apply with respect to 

13 the issuance of any regulations by the Consumer Product 

14 Safety Commission to implement the requirements of this 

15 section, and sections 7 and 9 of the Consumer Product 

16 Safety Act shall not apply to such issuance. 

17 SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 

18 (a) IN GENERAL.—Subject to the availability of ap19 propriations authorized by subsection (e), the Commission 

20 shall establish a grant program to provide assistance to 

21 eligible States. 

22 (b) ELIGIBILITY.—To be eligible for a grant under 

23 the program, a State shall— 

24 (1) demonstrate to the satisfaction of the Com25 mission that it has a State statute, or that, after the 


bajohnson on PROD1PC77 with BILLS
5 

HR 1721 PCS

1 date of enactment of this Act, it has enacted a stat2 ute, or amended an existing statute, that provides 

3 for the enforcement of a law that— 

4 (A) except as provided in section 

5 5(a)(1)(A)(i), applies to all swimming pools in 

6 the State; and 

7 (B) meets the minimum State law require8 ments of section 5; and 

9 (2) submit an application to the Commission at 

10 such time, in such form, and containing such addi11 tional information as the Commission may require. 

12 (c) AMOUNT OF GRANT.—The Commission shall de13 termine the amount of a grant awarded under this Act, 

14 and shall consider— 

15 (1) the population and relative enforcement 

16 needs of each qualifying State; and 

17 (2) allocation of grant funds in a manner de18 signed to provide the maximum benefit from the 

19 program in terms of protecting children from drown20 ing or entrapment, and, in making that allocation, 

21 shall give priority to States that have not received 

22 a grant under this Act in a preceding fiscal year. 

23 (d) USE OF GRANT FUNDS.—A State receiving a 

24 grant under this section shall use— 


bajohnson on PROD1PC77 with BILLS
6 

HR 1721 PCS

1 (1) at least 50 percent of amount made avail2 able to hire and train enforcement personnel for im3 plementation and enforcement of standards under 

4 the State swimming pool and spa safety law; and 

5 (2) the remainder— 

6 (A) to educate pool construction and in7 stallation companies and pool service companies 

8 about the standards; 

9 (B) to educate pool owners, pool operators, 

10 and other members of the public about the 

11 standards under the swimming pool and spa 

12 safety law and about the prevention of drown13 ing or entrapment of children using swimming 

14 pools and spas; and 

15 (C) to defray administrative costs associ16 ated with such training and education pro17 grams. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Commission for 

20 each of fiscal years 2009 through 2013 $5,000,000 to 

21 carry out this section, such sums to remain available until 

22 expended. 

23 SEC. 5. MINIMUM STATE LAW REQUIREMENTS. 

24 (a) IN GENERAL.— 


bajohnson on PROD1PC77 with BILLS
7 

HR 1721 PCS

1 (1) SAFETY STANDARDS.—A State meets the 

2 minimum State law requirements of this section if— 

3 (A) the State requires by statute— 

4 (i) the enclosure of all outdoor resi5 dential pools and spas by barriers to entry 

6 that will effectively prevent small children 

7 from gaining unsupervised and unfettered 

8 access to the pool or spa; 

9 (ii) that all pools and spas be 

10 equipped with devices and systems de11 signed to prevent entrapment by pool or 

12 spa drains; 

13 (iii) that pools and spas built more 

14 than 1 year after the date of enactment of 

15 such statute have— 

16 (I) more than 1 drain per cir17 culation pump; 

18 (II) 1 or more unblockable drains 

19 per circulation pump; or 

20 (III) no main drain; and 

21 (iv) every swimming pool and spa that 

22 has a main drain, other than an 

23 unblockable drain, be equipped with a 

24 drain cover that meets the consumer prodVerDate Aug 31 2005 03:14 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1721.PCS H1721

bajohnson on PROD1PC77 with BILLS
8 

HR 1721 PCS

1 uct safety standard established by section 

2 3; and 

3 (B) the State meets such additional State 

4 law requirements for pools and spas as the 

5 Commission may establish after public notice 

6 and a 30-day public comment period. 

7 (2) USE OF MINIMUM STATE LAW REQUIRE8 MENTS.—The Commission— 

9 (A) shall use the minimum State law re10 quirements under paragraph (1) solely for the 

11 purpose of determining the eligibility of a State 

12 for a grant under section 4 of this Act; and 

13 (B) may not enforce any requirement 

14 under paragraph (1) except for the purpose of 

15 determining the eligibility of a State for a grant 

16 under section 4 of this Act. 

17 (3) REQUIREMENTS TO REFLECT NATIONAL

18 PERFORMANCE STANDARDS AND COMMISSION

19 GUIDELINES.—In establishing minimum State law 

20 requirements under paragraph (1), the Commission 

21 shall— 

22 (A) consider current or revised national 

23 performance standards on pool and spa barrier 

24 protection and entrapment prevention; and 


bajohnson on PROD1PC77 with BILLS
9 

HR 1721 PCS

1 (B) ensure that any such requirements are 

2 consistent with the guidelines contained in the 

3 Commission’s publication 362, entitled ‘‘Safety 

4 Barrier Guidelines for Home Pools’’, the Com5 mission’s publication entitled ‘‘Guidelines for 

6 Entrapment Hazards: Making Pools and Spas 

7 Safer’’, and any other pool safety guidelines es8 tablished by the Commission. 

9 (b) STANDARDS.—Nothing in this section prevents 

10 the Commission from promulgating standards regulating 

11 pool and spa safety or from relying on an applicable na12 tional performance standard. 

13 (c) BASIC ACCESS-RELATED SAFETY DEVICES AND

14 EQUIPMENT REQUIREMENTS TO BE CONSIDERED.—In 

15 establishing minimum State law requirements for swim16 ming pools and spas under subsection (a)(1), the Commis17 sion shall consider the following requirements: 

18 (1) COVERS.—A safety pool cover. 

19 (2) GATES.—A gate with direct access to the 

20 swimming pool that is equipped with a self-closing, 

21 self-latching device. 

22 (3) DOORS.—Any door with direct access to the 

23 swimming pool that is equipped with an audible alert 

24 device or alarm which sounds when the door is 

25 opened. 


bajohnson on PROD1PC77 with BILLS
10 

HR 1721 PCS

1 (4) POOL ALARM.—A device designed to provide 

2 rapid detection of an entry into the water of a swim3 ming pool or spa. 

4 (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA5 TION PREVENTION STANDARDS TO BE REQUIRED.— 

6 (1) IN GENERAL.—In establishing additional 

7 minimum State law requirements for swimming 

8 pools and spas under subsection (a)(1), the Commis9 sion shall require, at a minimum, 1 or more of the 

10 following (except for pools constructed without a sin11 gle main drain): 

12 (A) SAFETY VACUUM RELEASE SYSTEM.— 

13 A safety vacuum release system which ceases 

14 operation of the pump, reverses the circulation 

15 flow, or otherwise provides a vacuum release at 

16 a suction outlet when a blockage is detected, 

17 that has been tested by an independent third 

18 party and found to conform to ASME/ANSI 

19 standard A112.19.17 or ASTM standard 

20 F2387. 

21 (B) SUCTION-LIMITING VENT SYSTEM.—A 

22 suction-limiting vent system with a tamper-re23 sistant atmospheric opening. 


bajohnson on PROD1PC77 with BILLS
11 

HR 1721 PCS

1 (C) GRAVITY DRAINAGE SYSTEM.—A grav2 ity drainage system that utilizes a collector 

3 tank. 

4 (D) AUTOMATIC PUMP SHUT-OFF SYS5 TEM.—An automatic pump shut-off system. 

6 (E) OTHER SYSTEMS.—Any other system 

7 determined by the Commission to be equally ef8 fective as, or better than, the systems described 

9 in subparagraphs (A) through (E) of this para10 graph at preventing or eliminating the risk of 

11 injury or death associated with pool drainage 

12 systems. 

13 (2) APPLICABLE STANDARDS.—Any device or 

14 system described in subparagraphs (B) through (E) 

15 of paragraph (1) shall meet the requirements of any 

16 ASME/ANSI or ASTM performance standard if 

17 there is such a standard for such a device or system, 

18 or any applicable consumer product safety standard. 

19 SEC. 6. EDUCATION PROGRAM. 

20 (a) IN GENERAL.—The Commission shall establish 

21 and carry out an education program to inform the public 

22 of methods to prevent drowning and entrapment in swim23 ming pools, spas, and ornamental pools. In carrying out 

24 the program, the Commission shall develop— 


bajohnson on PROD1PC77 with BILLS
12 

HR 1721 PCS

1 (1) educational materials designed for pool 

2 manufacturers, pool service companies, and pool 

3 supply retail outlets; 

4 (2) educational materials designed for pool own5 ers and operators; 

6 (3) educational materials designed for orna7 mental pool owners and operators, including munici8 palities; and 

9 (4) a national media campaign to promote 

10 awareness of pool and spa safety. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Commission for 

13 each of fiscal years 2008 through 2012 $5,000,000 to 

14 carry out the education program authorized by subsection 

15 (a). 

16 SEC. 7. DEFINITIONS. 

17 In this Act: 

18 (1) ASME/ANSI STANDARD.—The term 

19 ‘‘ASME/ANSI standard’’ means a safety standard 

20 accredited by the American National Standards In21 stitute and published by the American Society of 

22 Mechanical Engineers. 

23 (2) ASTM STANDARD.—The term ‘‘ASTM 

24 standard’’ means a safety standard issued by ASTM 


bajohnson on PROD1PC77 with BILLS
13 

HR 1721 PCS

1 International, formerly known as the American Soci2 ety for Testing and Materials. 

3 (3) BARRIER.—The term ‘‘barrier’’, with re4 spect to a swimming pool, means a fence, dwelling 

5 wall, or nondwelling wall, or any combination there6 of, which completely surrounds the swimming pool 

7 and obstructs access to the swimming pool, espe8 cially access from the residence or from the yard 

9 outside the barrier. In the case where a wall of a 

10 dwelling that contains a door or window serves as 

11 part of the barrier, all doors and windows providing 

12 direct access from the home to the pool must be 

13 equipped with an exit alarm that has a minimum 

14 sound pressure rating of 85 dB A at 10 feet. Alarms 

15 should meet the requirements of UL 2017 General16 Purpose Signaling Devices and Systems, section 77. 

17 All doors providing direct access from the home to 

18 the pool must be equipped with a self-closing, self19 latching device with a release mechanism placed no 

20 lower than 54 inches above the floor. The term ‘‘bar21 rier’’ means, with respect to a portable hot tub, a 

22 lockable cover. 

23 (4) COMMISSION.—The term ‘‘Commission’’ 

24 means the Consumer Product Safety Commission. 


bajohnson on PROD1PC77 with BILLS
14 

HR 1721 PCS

1 (5) MAIN DRAIN.—The term ‘‘main drain’’ 

2 means a submerged suction outlet typically located 

3 at the bottom of a pool or spa to conduct water to 

4 a re-circulating pump. 

5 (6) ORNAMENTAL POOL.—The term ‘‘orna6 mental pool’’ means a man-made structure de7 signed to contain water such as a decorative foun8 tain or reflecting pool in the ground, partially in the 

9 ground, or in a building, intended primarily for aes10 thetic value and not intended for swimming or wad11 ing. 

12 (7) SAFETY VACUUM RELEASE SYSTEM.—The 

13 term ‘‘safety vacuum release system’’ means a vacu14 um release system capable of providing vacuum re15 lease at a suction outlet caused by a high vacuum 

16 occurrence due to a suction outlet flow blockage. 

17 (8) UNBLOCKABLE DRAIN.—The term 

18 ‘‘unblockable drain’’ means a drain of any size and 

19 shape that a human body cannot sufficiently block 

20 to create a suction entrapment hazard. 

21 (9) SWIMMING POOL; SPA.—The term ‘‘swim22 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

23 structure intended for swimming or recreational 

24 bathing, including in-ground and above-ground 


bajohnson on PROD1PC77 with BILLS
15 

HR 1721 PCS

1 structures, and includes hot tubs, spas, portable 

2 spas, and non-portable wading pools. 

3 SEC. 8. CPSC REPORT. 

4 Within 1 year after the close of each fiscal year for 

5 which grants are made under section 4, the Commission 

6 shall submit a report to the Congress evaluating the effec7 tiveness of the grant program authorized by that section. 

Passed the House of Representatives October 9, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


bajohnson on PROD1PC77 with BILLS
Calendar No. 417 

110TH CONGRESS 

1ST SESSION H. R. 1721 

AN ACT 

To increase the safety of swimming pools and spas 

other purposes. cate the public about pool and spa safety, and for prove their pool and spa safety laws and to eduSafety Commission to encourage States to improgram administered by the Consumer Product by establishing a swimming pool safety grant drain covers and pool and spa drainage systems, by requiring the use of proper anti-entrapment 

OCTOBER 15, 2007 

Received; read twice and placed on the calendar 


bajohnson on PROD1PC77 with BILLS