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FOURTEENTH CONGRESS OF THE REPUBLIC) 
1 
First Regular Session 
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OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Of injury-related deaths, drowning is the second leading cause of death in 
children aged 1 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.' 
' This bill was originally filed in the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO INCREASE THE SAFETY MEASURES FOR POOLS AND SPAS 
Be it enacted by the Senate and the House OfRepresentatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be lmown as the “Pool and Spa Safety 
Act.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the 
State 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 local governments and 
appropriate agencies, and encourage the State to improve their pool and spa safety laws 
and to educate the public about pool and spa safety. 
SECTION 3. Definition of Terms - As used in this section, the term - 
(1) “Barrier” means a fence, dwelling wall, or non-dwelling wall, or any 
combination thereof, which completely surrounds the swimming pool and obstructs 
access to the swimming pool, especially access from the residence or from the yard 
outside the barrier. A wall o€ a dwelling may service as part of the barrier if it does not 
contain any door or window that opens to provide access to the swimming pool. 
(2) “Main Drain” means a submerged suction outlet typically located at the 
bottom of a pool or spa to conduct water to a re-circulating pump. 
(3) “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. 
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(4) “Unblocltable Drain” means a drain of any size and shape that a human body 
cannot sufficiently block to create a suction entrapment hazard. 
(5) “Swimming Pool” or “Spa” means any outdoor or indoor stnlcture 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. Swimming Pool and Spa Drain Cover Standard. Effective 1 year 
after the date of enactment of this Act, each swimming pool or spa drain cover 
manufactured, distributed, or entered into commerce in the Philippines shall conform to 
the entrapment protection standards of the Department of Trade and Industry 
performance standard, or any successor standard regulating the same. 
SECTION 5. Minimum Requirements. 
(A) In General - The Department of Trade and Industry should be able to 
promulgate rules and regulation with the minimum requirements -- 
(I) the enclosure of all residential pools and spas by barriers to entry that will 
effectively prevent small children from gaining unsupervised and unfettered access to the 
pool or spa; 
(2) that all pools and spas be equipped with devices and systems designed to 
prevent entrapment by pool or spa drains; 
(3) that pools and spas built more than 1 year after the date of enactment of such 
statute have- 
(i) more than 1 drain per circulation pump; 
(ii) 1 or more unblockable drains per circulation pump; or 
(iii) no main drain; and 
(4) every swimming pool and spa that has a main drain, other than an unblocltable 
drain, be equipped with a drain cover that meets the consumer product safety standard 
established by the Department of Trade and Industry. 
(B) In establishing minimum law requirements under paragraph (A), the 
Department of Trade and Industry shall-- 
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(1) consider current or national performance standards on pool and spa barrier 
protection and entrapment prevention; and 
(2) ensure that any such requirements are consistent with the guidelines which 
they may have set prior to the enactment of this bill. 
(3) promulgate standards regulating pool and spa safety and can rely on an 
applicable national performance standard. 
(C) Basic Access-Related Safety Devices and Equipment Requirements to be 
Considered- In establishing minimum requirements for swimming pools and spas, the 
Department of Trade and Industry shall consider the following: 
(1) Covers- A safety pool cover. 
(2) Gates- A gate with direct access to the swimming pool that is equipped with a 
self-closing, self-latching device. 
(3) Doors- Any door with direct access to the swimming pool 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 detection of an entry into the 
water ofa swimming pool or spa. 
(D) Entrapment, Entanglement, and Evisceration Prevention Standards to be 
Required - In establishing additional minimum law requirements for swimming pools and 
spas, the Department of Trade and Industry shall require, at a minimum, 1 or more of the 
following (except for pools constructed without a 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. 
(b) Suction-Limiting Vent System- A suction-limiting 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-of€ system. 
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(e) Other Systems- Any other system determined by the Department of Trade and 
Industry 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 systems. 
SECTION 6. Education Program. 
(A) In General- The Department of Trade and Industry 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 Department of Trade and Industry for each of fiscal years 2007 through 2012 PhP 
10,000,000 to carry out the education program authorized by subsection (a). 
SECTION 7. Report - Within 1 year after the close of each fiscal year for which 
grants are made under section 6, the Department of Trade and Industry shall submit a 
report to the Congress evaluating the effectiveness of the grant program authorized by 
that section, 
SECTION 8. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
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accordingly. 
or inconsistent with the provisions of this 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 publication in at least two (2) newspapers of general circulation. 
Approved, 
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