II 

109TH CONGRESS 

2D SESSION S. 3718 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2006 

Mr. ALLEN (for himself, Mr. STEVENS, Mr. DEWINE, and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Pool and Spa Safety Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Federal swimming pool and spa safety requirements. 

Sec. 4. Recommended State law standards. 

Sec. 5. State swimming pool safety grant program. 

Sec. 6. Education program. 

Sec. 7. Definitions. 

Sec. 8. CPSC reports. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 

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

9 leading cause of death in children under 4 and the 

10 second leading cause of death in children 14 and 

11 under in the United States; 

12 (2) many children drown due to pool and spa 

13 drowning and entrapment, such as Virginia Graeme 

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

15 residential spa; 

16 (3) in 2003, 782 children ages 14 and under 

17 died as a result of unintentional drowning; 

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

19 critical safety factor in preventing children from 

20 drowning; and 

21 (5) research studies show that the installation 

22 and proper use of barriers or fencing, as well as adVerDate Aug 31 2005 04:04 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3718.IS S3718

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1 ditional layers of protection, could substantially re2 duce the number of childhood residential swimming 

3 pool drownings and near drownings. 

4 SEC. 3. FEDERAL SWIMMING POOL AND SPA SAFETY RE5 QUIREMENTS. 

6 (a) ALL POOLS AND SPAS.— 

7 (1) IN GENERAL.—Every swimming pool and 

8 spa in the United States that has a main drain, 

9 other than an unblockable drain, shall be equipped 

10 with a drain cover that meets the ASME/ANSI 

11 A112.19.8M performance standard, or any successor 

12 ASME/ANSI standard. 

13 (2) EFFECTIVE DATE.—This subsection shall 

14 take effect 1 year after the date of enactment of this 

15 Act. 

16 (b) POOLS AND SPAS BUILT AFTER DATE OF EN17 ACTMENT.—Every swimming pool and spa built more than 

18 1 year after the date of enactment of this Act shall have— 

19 (1) more than 1 drain; 

20 (2) 1 or more unblockable drains; or 

21 (3) no main drain. 

22 (c) ENFORCEMENT.—This section may be enforced 

23 by State and local governments through building code in24 spectors, pool and spa safety inspections, or otherwise, and 


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1 subject to the same penalties as would apply for violations 

2 of State or local laws in pari materia. 

3 (d) NO PREEMPTION.—Nothing in this section pre4 empts or supersedes any State or local law, regulation, or 

5 other requirement that imposes additional or more strin6 gent standards for swimming pools or spas except to the 

7 extent that compliance with such law, regulation, or other 

8 requirement would violate the requirements of subsection 

9 (a) or (b). 

10 SEC. 4. RECOMMENDED STATE LAW STANDARDS. 

11 (a) IN GENERAL.— 

12 (1) SAFETY STANDARDS.—Within 90 days after 

13 the date of enactment of this Act, the Commission 

14 shall issue an advance notice of proposed rulemaking 

15 to establish recommended minimum State law stand16 ards for swimming pools and spas with respect to— 

17 (A) enclosure of the pool or spa by barriers 

18 to entry that will effectively prevent small chil19 dren from gaining unsupervised and unfettered 

20 access to the pool or spa; and 

21 (B) devices and systems designed to pre22 vent entrapment of children by pool or spa 

23 drains. 

24 (2) DEADLINE.—The Commission shall issue 

25 the recommended minimum standards as a final rule 


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1 within 18 months after it issues the advance notice 

2 of proposed rulemaking. 

3 (3) STATUS OF STANDARDS.— 

4 (A) IN GENERAL.—The standards promul5 gated by the Commission under this section— 

6 (i) shall be advisory in nature; 

7 (ii) shall not prevent the Commission 

8 from subsequently promulgating standards 

9 regulating pool and spa safety or from re10 lying on an applicable national perform11 ance standard; 

12 (iii) shall not be promulgated as a 

13 consumer product safety rule; and 

14 (iv) shall be used by the Commission 

15 solely for the purpose of determining the 

16 eligibility of a State for a grant under sec17 tion 5 of this Act. 

18 (B) ENFORCEMENT.—The Commission 

19 may not enforce any standard promulgated 

20 under this section except for the purpose of de21 termining the eligibility of a State for a grant 

22 under section 5 of this Act. 

23 (4) STANDARDS TO REFLECT NATIONAL PER24 FORMANCE STANDARDS AND COMMISSION GUIDEVerDate Aug 31 2005 04:04 Jul 25, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3718.IS S3718

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1 LINES.—In promulgating standards under this Act, 

2 the Commission shall— 

3 (A) consider current or revised national 

4 performance standards on pool and spa barrier 

5 protection and entrapment prevention; and 

6 (B) ensure that any standards promul7 gated under this Act are consistent with the 

8 guidelines contained in the Commission’s publi9 cation 362, entitled ‘‘Safety Barrier Guidelines 

10 for Home Pools’’, the Commission’s publication 

11 entitled ‘‘Guidelines for Entrapment Hazards: 

12 Making Pools and Spas Safer’’, and any other 

13 pool safety guidelines established by the Com14 mission. 

15 (b) MINIMUM STANDARDS FOR POOLS AND SPAS.— 

16 In promulgating recommended minimum State law stand17 ards for swimming pools and spas under subsection (a), 

18 the Commission, at a minimum, shall require that— 

19 (1) any outdoor swimming pool or spa is en20 closed by an appropriate fence or other barrier 

21 (which may be an exterior wall of a residence or 

22 other structure); and 

23 (2) any swimming pool or spa with a main 

24 drain is equipped, at a minimum, with at least 1 of 


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1 the anti-entrapment devices described in subsection 

2 (d). 

3 (c) BASIC ACCESS-RELATED SAFETY DEVICES AND

4 EQUIPMENT TO BE CONSIDERED.—In promulgating the 

5 swimming pool and spa standard, the Commission shall 

6 consider the following options: 

7 (1) BARRIERS.—A wall, fence, enclosure, or 

8 barrier between the swimming pool and the portion 

9 of the building that forms part of the enclosure. 

10 (2) COVERS.—A safety pool cover. 

11 (3) GATES.—A gate with direct access to the 

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

13 self-latching device. 

14 (4) DOORS.—Any door with direct access to the 

15 swimming pool that is equipped with an audible alert 

16 device or alarm which sounds when the door is 

17 opened. 

18 (d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA19 TION PREVENTION STANDARDS TO BE REQUIRED.—In 

20 promulgating the swimming pool and spa standard, the 

21 Commission shall require, at a minimum, 1 or more of 

22 the following (except for pools constructed without a main 

23 drain): 

24 (1) SAFETY VACUUM RELEASE SYSTEM.—A 

25 safety vacuum release system which ceases operation 


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1 of the pump, reverses the circulation flow, or other2 wise provides a vacuum release at a suction outlet 

3 when a blockage is detected, that has been tested by 

4 an independent third party and found to conform to 

5 ASME/ANSI standard A112.19.17 or ASTM stand6 ard F2387. 

7 (2) SUCTION-LIMITING VENT SYSTEM.—A suc8 tion-limiting vent system with a tamper-resistant at9 mospheric opening. 

10 (3) GRAVITY DRAINAGE SYSTEM.—A gravity 

11 drainage system that utilizes a collector tank. 

12 (4) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An 

13 automatic pump shut-off system. 

14 (5) DRAIN DISABLEMENT.—A device or system 

15 that disables the drain. 

16 (6) OTHER SYSTEMS.—Any other system deter17 mined by the Commission to be equally effective as, 

18 or better than, the systems described in paragraphs 

19 (1) through (5) of this subsection at preventing or 

20 eliminating the risk of injury or death for children 

21 associated with pool drainage systems. 

22 SEC. 5. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 

23 (a) IN GENERAL.—Subject to the availability of ap24 propriations authorized by subsection (e), the Commission 

25 shall establish a grant program to provide assistance to 


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1 States in hiring and training State and local government 

2 employees in implementing and enforcing State swimming 

3 pool safety standards enacted by the State, educating the 

4 public about swimming pool and spa safety related to their 

5 use by children, and administering swimming pool and spa 

6 safety programs. 

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

8 the program, a State shall— 

9 (1) demonstrate to the satisfaction of the Com10 mission that it has a State statute, or that, after the 

11 date of enactment of this Act, it has enacted a stat12 ute, or amended an existing statute, and provides for 

13 the enforcement of, a law that— 

14 (A) applies to all swimming pools in the 

15 State; and 

16 (B) meets the minimum recommended 

17 swimming pool and spa safety standards pro18 mulgated by the Commission under section 4; 

19 and 

20 (2) submit an application to the Commission at 

21 such time, in such form, and containing such addi22 tional information as the Commission may require. 

23 (c) AMOUNT OF GRANT.—The Commission shall de24 termine the amount of a grant awarded under this Act, 

25 and shall consider— 


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1 (1) the population and relative enforcement 

2 needs of each qualifying State; and 

3 (2) allocation of grant funds in a manner de4 signed to provide the maximum benefit from the 

5 program in terms of protecting children from drown6 ing or entrapment. 

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

8 grant under this section shall use— 

9 (1) at least 50 percent of amount made avail10 able to hire and train enforcement personnel for im11 plementation and enforcement of standards under 

12 the State swimming pool and spa safety law; and 

13 (2) the remainder— 

14 (A) to educate pool construction and in15 stallation companies and pool service companies 

16 about the standards; 

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

18 and other members of the public about the 

19 standards under the swimming pool and spa 

20 safety law and about the prevention of children 

21 using swimming pools and spas from drowning 

22 or becoming entrapped; and 

23 (C) to defray administrative costs associ24 ated with such training and education pro25 grams. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Commission for 

3 each of fiscal years 2008 through 2012 $10,000,000 to 

4 carry out this section. 

5 SEC. 6. EDUCATION PROGRAM. 

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

7 and carry out an education program to inform the public 

8 of methods to prevent drowning and entrapment in swim9 ming pools and spas. In carrying out the program, the 

10 Commission shall develop— 

11 (1) educational materials designed for pool 

12 manufacturers, pool service companies, and pool 

13 supply retail outlets; 

14 (2) educational materials designed for pool own15 ers and operators; and 

16 (3) a national media campaign to promote 

17 awareness of pool and spa safety. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Commission for 

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

21 carry out the education program authorized by subsection 

22 (a). 

23 SEC. 7. DEFINITIONS. 

24 In this Act: 


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1 (1) ASME/ANSI STANDARD.—The term 

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

3 accredited by the American National Standards In4 stitute and published by the American Society of 

5 Mechanical Engineers. 

6 (2) ASTM STANDARD.—The term ‘‘ASTM 

7 standard’’ means a safety standard issued by ASTM 

8 International, formerly known as the American Soci9 ety for Testing and Materials. 

10 (3) BARRIER.—The term ‘‘barrier’’ includes a 

11 natural or constructed topographical feature that 

12 prevents unpermitted access to a swimming pool, 

13 and, with respect to a hot tub, a lockable cover. 

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

15 means the Consumer Product Safety Commission. 

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

17 means a submerged suction outlet typically located 

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

19 a re-circulating pump. 

20 (6) NEW POOL.—The term ‘‘new pool’’ means 

21 a pool constructed more than 180 days after the ef22 fective date of a State statute enacted or amended 

23 after the date of enactment of this Act to establish 

24 State minimum swimming pool and spa safety 


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1 standards that meet the recommended standards 

2 promulgated by the Commission under section 4. 

3 (7) SAFETY VACUUM RELEASE SYSTEM.—The 

4 term ‘‘safety vacuum release system’’ means a vacu5 um release system capable of providing vacuum re6 lease at a suction outlet caused by a high vacuum 

7 occurrence due to a suction outlet flow blockage. 

8 (8) UNBLOCKABLE DRAIN.—The term 

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

10 shape that a human body cannot sufficiently block 

11 to create a suction entrapment hazard. 

12 (9) SUCTION OUTLET DRAIN COVER.—The term 

13 ‘‘suction outlet drain cover’’ means a drain cover 

14 which is designed to help prevent mechanical, body 

15 and hair entrapment and evisceration. 

16 (10) SWIMMING POOL; SPA.—The term ‘‘swim17 ming pool’’ or ‘‘spa’’ means any outdoor or indoor 

18 structure intended for swimming or recreational 

19 bathing, including in-ground and above-ground 

20 structures, and includes hot tubs, spas, portable 

21 spas, and non-portable wading pools. 

22 SEC. 8. CPSC REPORTS. 

23 (a) RULEMAKING PROGRESS.—The Commission shall 

24 report to the Senate Committee on Commerce, Science, 

25 and Transportation and the House of Representatives 


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1 Committee on Energy and Commerce within 1 year after 

2 the date of enactment of this Act on its progress toward 

3 issuing a final rule under section 4. The Commission shall 

4 include in the report an explanation of its reason for rec5 ommending certain standards over other, alternative 

6 standards. 

7 (b) EFFICACY OF GRANT PROGRAM.—Within 1 year 

8 after the close of each fiscal year for which grants are 

9 made under section 5, the Commission shall submit a re10 port to the Congress evaluating the effectiveness of the 

11 grant program authorized by that section. 

Æ 


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