, ' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
I I) 
Illil1 -,) 
! 
1 1 
SEN"2TZ4' 
S,No, 
7 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Of injury-related deaths, drowning is the second leading cause of death in children aged I 
to 14 in the Philippines, While adult supervision at all aquatic venues is a critical safety factor in 
preventing children from drowning, 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, 
This bill seeks to provide measures to increase the safety of our pools and spas in order to 
prevent injuries and drowning incident.1 
, Lw", 41f..vt~ l,,;t:,j; 
_ 
MIRIAM DEF~SOR SANTIAfO 
I This bill was originally filed in the Thirteenth Congress, Third Regular Session. 
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FIFTEENTH ,CONGRESS OF THE REPUBLIC 
OF T.HE PHILIPPINES 
) 
) 
) 
First Regular Session 
SEN~T..E 
S. No. 
~~4 7 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'I' n u 
TO INCREASE THE SAFETY MEASURES FOR POOLS AND SPAS 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This Act shall be known as the "Pool and Spa Safety Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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increase the safety of swimming pools and spas by requiring the use of proper anti-entrapment 
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drain covers and pool and spa drainage systems, by establishing a swimming pool safety grant 
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program administered by the local governments and appropriate agencies, and encourage the 
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State to improve their pool and spa safety laws and to educate the public about pool and spa 
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safety. 
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SECTION 3. Definition of Terms - As used in this section, the term -
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(1) "Barrier" means a fence, dwelling wall, or non-dwelling wall, or any 
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combination thereof, which completely surrounds the swimming pool and obstructs 
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ac~ess to the swimming pool, especially access from the residence or from the yard 
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outside the barrier. A wall of a dwelling may service as part of the barrier if it does not 
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contain any door or window that opens to provide access to the swimming pool. 
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(2) "Main Drain" means a submerged suction outlet typically located at the 
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bottom of a pool or spa to conduct water to a re-circulating pump. 
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(3) "Safety Vacuum Release System" means a vacuum release system capable of 
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providing vacuum release at a suction outlet caused by a high vacuum occurrence due to 
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a suction outlet flow blockage. 
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(4) "Unblockable Drain" means a drain of any size and shape that a human body 
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cannot sufficiently block to create a suction entrapment hazard. 
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(5) "Swimming Pool" or "Spa" means any outdoor or indoor structure intended 
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for swimming or recreational bathing, including in-ground and above-ground structures, 
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and includes hot tubs, spas, portable spas, and non-portable wading pools. 
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SECTION 4. Swimming Pool and Spa Drain Cover Standard. Effective 1 year after the 
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date of enactment of this Act, each swimming pool or spa drain cover manufactured, distributed, 
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or entered into commerce in the Philippines shall conform to the entrapment protection standards 
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of the Department of Trade and Industry performance standard, or any successor standard 
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regulating .the same. 
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SECTION 5. Minimum Requirements. 
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(A) In General - The Department of Trade and Industry should be able to promulgate 
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rules and regulation with the minimum requirements -" 
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(1) the enclosure of all residential pools and spas by barriers to entry that will 
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effectively prevent small children from gaining unsupervised and unfettered access to the 
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pool or spa; 
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(2) that all pools and spas be equipped with devices and systems designed to 
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prevent entrapment by pool or spa drains; 
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(3) that pools and spas built more than 1 year after the date of enactment of such 
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statute have-
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(i) more than 1 drain per circulation pump; 
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(ii) 1 or more unblockable drains per circulation pump; or 
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(iii) no main drain; and 
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(4) every swimming pool and spa that has a main drain, other than an unblockable 
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drain, be equipped with a drain cover that meets the consumer product safety standard 
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established by the Department of Trade and Industry. 
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(B) In establishing minimum law requirements under paragraph (A), the Department of 
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Trade and Industry shall--
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(1) consider current or national performance standards on pool and spa barrier 
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protection and entrapment prevention; and 
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(2) ensure that any such requirements are consistent with the guidelines which 
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they may have set prior to the enactment of this bill. 
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(3) promulgate standards regulating pool and spa safety and can rely on an 
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applicable national performance standard. 
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(C) Basic Access-Related Safety Devices and Equipment Requirements to be Considered-
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In establishing minimum requirements for swimming pools and spas, the Department of Trade 
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and Industry shall consider the following: 
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(1) Covers- A safety pool cover. 
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(2) Gates- A gate with direct access to the swimming pool that is equipped with a 
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self-closing, self-latching device. 
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(3) Doors- Any door with direct access to the swimming pool that is equipped 
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with an audible alert device or alarm which sounds when the door is opened. 
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(4) Pool Alarm- A device designed to provide rapid detection of an entry into the 
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water of a swimming pool or spa. 
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(D) Entrapment, Entanglement, and Evisceration Prevention Standards to be Required -
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In establishing additional minimum law requirements for swimming pools and spas, the 
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Department of Trade and Industry shall require, at a minimum, 1 or more of the following 
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(except for pools constructed without a main drain): 
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(a) Safety Vacuum Release System- A safety vacuum release system which 
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ceases operation of the pump, reverses the Circulation flow, or otherwise provides a 
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vacuum release at a suction outlet when a blockage is detected, that has been tested by an 
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independent third party. 
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(b) Suction-Limiting Vent System- A suction-limiting vent system with a tamper-
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resistant atmospheric opening. 
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tank. 
(c) Gravity Drainage System- A gravity drainage system that utilizes a collector 
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(d) Automatic Pump Shut-Off System- An automatic pump shut-off system. 
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(e) Other Systems- Any other system determined by the Department of Trade and 
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Industry to be equally effective as, or better than, the systems described in subparagraphs 
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(a) through (e) of this paragraph at preventing or eliminating the risk of injury or death 
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associated with pool drainage systems. 
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SECnON 6. Education Program. 
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(A) In General- The Department of Trade and Industry shall establish and carry out au 
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education program to inform the public of methods to prevent drowning and entrapment in 
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swimming pools and spas. In canying out the program, the Commission shall develop--
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(1) educational materials designed for pool manufacturers, pool servIce 
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companies, and pool supply retail outlets; 
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(2) educational materials designed for pool owners and operators; and 
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(3) a national media campaign to promote awareness of pool and spa safety. 
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(B) Authorization of Appropriations- There are authorized to be appropriated to the 
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Department of Trade and Industry for each of fiscal years 2010 through 2015 Php 10,000,000 to 
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carry out the education program authorized by subsection (a). 
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SECTION 7. Report - Within 1 year after the close of each fiscal year for which grants 
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are made under section 6, the Department of Trade and Industry shall submit a report to the 
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Congress evaluating the effectiveness of the grant program authorized by that section, 
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SECTION 8. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
, 
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order, letter of instruction, administrative order, rule or regulation contrary to, accordingly or 
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inconsistent with the provisions ofthis Act is hereby repealed, modified or amended 
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SECTION 10. Effectivity Clause. - This Act shall lake effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
iplml05july2010 
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