I 
109TH CONGRESS 
2D SESSION 
H. R. 5850 
To increase the safety of swimming pools and spas 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, to educate the public about pool and spa safety, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Ms. WASSERMAN SCHULTZ (for herself, Mr. WOLF, Mr. MOORE of Kansas, 
Mr. WEXLER, Mrs. MCCARTHY, Mr. ENGEL, Mr. OWENS, Mr. HASTINGS 
of Florida, Mr. KING of New York, Mr. ALEXANDER, Mr. OLVER, and 
Mr. KLINE) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To increase the safety of swimming pools and spas by estab-
lishing a swimming pool safety grant program adminis-
tered by the Consumer Product Safety Commission to 
encourage States to improve their pool and spa safety 
laws, to educate the public about pool and spa safety, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pool and Spa Safety Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Recommended swimming pool safety standards. 
Sec. 4. State swimming pool safety grant program. 
Sec. 5. National education program. 
Sec. 6. Definitions. 
Sec. 7. CPSC reports. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) drowning is the leading cause of death in 
children under 4 and the second leading cause of 
death in children 14 and under in the United States; 
(2) many children drown due to pool and spa 
drowning and entrapment, such as Virginia Graeme 
Baker, who at age 7 drowned by entrapment in a 
residential spa, and Preston de Ibern, who at age 5 
nearly drowned and was left permanently brain dam-
aged, finally succumbing to his catastrophic health 
care issues when he was 12 years old; 
(3) in 2003, 782 children ages 14 and under 
died as a result of unintentional drowning; 
(4) from 1985 to 2004, at least 33 children 
ages 14 and under died as a result of pool and spa 
entrapment; 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
(5) adult supervision at all aquatic venues is a 
critical safety factor in preventing children from 
drowning; and 
(6) research studies show that the installation 
and proper use of barriers or fencing, as well as ad-
ditional layers of protection, could substantially re-
duce the number of childhood residential swimming 
pool drownings and near drownings. 
SEC. 3. RECOMMENDED SWIMMING POOL SAFETY STAND-
ARDS. 
(a) IN GENERAL.— 
(1) SAFETY STANDARDS.—Within 90 days after 
the date of enactment of this Act, the Commission 
shall issue an advance notice of proposed rulemaking 
to establish recommended minimum State law stand-
ards for swimming pools and spas with respect to— 
(A) enclosure of the pool or spa by barriers 
to entry that will effectively prevent small chil-
dren from gaining unsupervised access to the 
pool or spa; and 
(B) devices and systems designed to pre-
vent entrapment of children by pool or spa 
drains. 
(2) DEADLINE.—The Commission shall issue 
the recommended minimum standards as a final rule 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
within 18 months after it issues the advance notice 
of proposed rulemaking. 
(3) STATUS OF STANDARDS.— 
(A) IN GENERAL.—The standards promul-
gated by the Commission under this section— 
(i) shall be advisory in nature; 
(ii) shall not prevent the Commission 
from subsequently promulgating standards 
regulating pool and spa safety or from re-
lying on an applicable national perform-
ance standard; 
(iii) shall not be promulgated as a 
consumer product safety rule; and 
(iv) shall be used by the Commission 
solely for the purpose of determining the 
eligibility of a State for a grant under sec-
tion 4 of this Act. 
(B) 
ENFORCEMENT.—The 
Commission 
may not enforce any standard promulgated 
under this section except for the purpose of de-
termining the eligibility of a State for a grant 
under section 4 of this Act. 
(4) GUIDELINES.—In promulgating standards 
under this Act, the Commission shall give strong 
consideration to published Commission guidelines 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
and, where applicable, existing national performance 
standards. 
(b) MINIMUM STANDARDS FOR POOLS AND SPAS.— 
In promulgating recommended minimum State law stand-
ards for swimming pools and spas under subsection (a), 
the Commission, at a minimum, shall require that— 
(1) any outdoor swimming pool or spa is en-
closed by an appropriate fence or other barrier; 
(2) any swimming pool or spa with a main 
drain is equipped, at a minimum, with a drain cover 
that meets the requirements of subsection (d)(2)(A); 
and 
(3) new pools with a main drain are equipped 
with at least 2 drains, or a single, unblockable drain, 
and drain covers that meet the requirements of sub-
section (d)(2)(A). 
(c) BASIC ACCESS-RELATED SAFETY DEVICES AND 
EQUIPMENT.—In promulgating the swimming pool and 
spa standard, the Commission shall require the following: 
(1) BARRIER OR FENCE.—A requirement that 
any outdoor swimming pool is to be protected by a 
wall, fence, enclosure, or other natural or con-
structed barrier that— 
(A) entirely encloses the pool by at least a 
4-foot high wall, fence, enclosure, or other bar-
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
rier (which may include the wall or side of a 
residence or other building, provided such wall 
or side of a building does not contain a door or 
a window); 
(B) has no opening (other than a gate as 
described in subparagraph (D)) through which 
a spherical object 4 inches in diameter can 
pass; 
(C) has horizontal components spaced not 
less than 36 inches apart measured vertically or 
placed on the pool side of the wall, fence, enclo-
sure, or barrier and does not have any opening 
greater than 2 inches measured horizontally 
(including wire mesh or chain link fences that 
have a maximum mesh size of 2 inches meas-
ured horizontally); 
(D) has a gate that— 
(i) is self-closing and self-latching; 
and 
(ii) opens outward from the pool; 
(E) does not contain openings, handholds, 
or footholds accessible from the exterior side of 
the enclosure that can be used to climb the 
wall, fence, screen enclosure, or barrier; and 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
(F) has a clearance at the bottom of not 
more than 4 inches above the ground. 
(2) ABOVE-GROUND
POOLS.—A requirement 
that any swimming pool that is an above-ground 
swimming pool— 
(A) has exterior sides that are non- 
climbable and are at least 4 feet high, at a min-
imum; and 
(B) if it has an access ladder or steps, the 
ladder or steps are removable without tools or 
able to be secured with a latching device when 
the pool is not in use. 
(3) EXEMPTION.—In promulgating the swim-
ming pool and spa safety standard, the Commission 
shall provide an exemption from any such require-
ments for a hot tub, spa, or portable spa that has 
a lockable cover that meets ASTM standard F1346 
where such cover is in place and locked when the hot 
tub, spa, or portable spa is not in use. 
(d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERA-
TION PREVENTION STANDARDS.—In promulgating the 
swimming pool and spa standard, the Commission shall 
require, at a minimum, the following: 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
(1) NEW
POOLS.—For new swimming pools 
constructed with a main drain, a requirement that 
any such pool be equipped with— 
(A) a drain system that contains at least 
a single, unblockable drain, or 2 suction outlets 
per pump, placed at least 3 feet apart or lo-
cated on 2 different planes or surfaces, that 
prevent any single drain from becoming the sole 
inlet to the suction side of the pump; or 
(B) any other swimming pool drainage sys-
tem that meets the standards of the American 
National Standards Institute (as published by 
the American Society of Mechanical Engineers) 
or the American Society for Testing and Mate-
rials. 
(2) ALL POOLS.—For all swimming pools, re-
gardless of when constructed, a requirement that, 
unless the pool is constructed without a main drain, 
the pool be equipped with— 
(A) a suction outlet drain cover that meets 
ANSI/ASME standard A112.19.8M, is perma-
nently marked with a maximum flow rating, 
and is anchored with non-corrosive fasteners, 
unless the drain is a single, unblockable drain; 
and 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
(B) 1 or more of the following: 
(i) A safety vacuum release system 
which ceases operation of the pump, re-
verses the circulation flow, or otherwise 
provides a vacuum release at a suction out-
let when a blockage is detected, that has 
been tested by an independent third party 
and found to conform to ANSI/ASME 
standard A112.19.17 or ASTM standard 
F2387. 
(ii) A suction-limiting vent system 
with a tamper-resistant atmospheric open-
ing. 
(iii) A gravity drainage system that 
utilizes a collector tank. 
(iv) Any other system that meets the 
standards of the American National Stand-
ards Institute (as published by the Amer-
ican Society of Mechanical Engineers) or 
the American Society for Testing and Ma-
terials. 
SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations authorized by subsection (e), the Commission 
shall establish a grant program to provide assistance to 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
States in hiring and training State and local government 
employees in implementing and enforcing State swimming 
pool safety standards enacted by the State, educating the 
public about swimming pool and spa safety related to their 
use by children, and administering swimming pool and spa 
safety programs. 
(b) ELIGIBILITY.—To be eligible for a grant under 
the program, a State shall— 
(1) demonstrate to the satisfaction of the Com-
mission that it has a State statute, or that, after the 
date of enactment of this Act, it has enacted a stat-
ute, or amended an existing statute, and provides for 
the enforcement of, a law that— 
(A) applies to all swimming pools in the 
State; and 
(B) meets the minimum recommended 
swimming pool and spa safety standards pro-
mulgated by the Commission under section 3; 
and 
(2) submit an application to the Commission at 
such time, in such form, and containing such addi-
tional information as the Commission may require. 
(c) AMOUNT OF GRANT.—The Commission shall de-
termine the amount of a grant awarded under this Act, 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
and shall consider the population and relative enforcement 
needs of each qualifying State in awarding grants. 
(d) USE OF GRANT FUNDS.—A State receiving a 
grant under this section shall use— 
(1) at least 50 percent of amount made avail-
able to hire and train enforcement personnel for im-
plementation and enforcement of standards under 
the State swimming pool and spa safety law; and 
(2) the remainder— 
(A) to educate pool owners and operators 
about the standards under the swimming pool 
and spa safety law and to educate such owners 
and operators and the general public about the 
prevention of children from drowning and en-
trapment in swimming pools and spas; and 
(B) to educate pool construction and in-
stallation companies and pool service companies 
about the standards. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
each of fiscal years 2008 through 2012 $10,000,000 to 
carry out this section. 
SEC. 5. NATIONAL EDUCATION PROGRAM. 
(a) IN GENERAL.—The Commission shall establish 
and carry out a national education program to inform the 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
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 own-
ers and operators; and 
(3) a national media campaign to promote 
awareness of pool and spa safety and drowning pre-
vention. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
each of fiscal years 2008 through 2012 $5,000,000 to 
carry out the education program authorized by subsection 
(a). 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) 
ANSI/ASME 
STANDARD.—The 
term 
‘‘ANSI/ASME standard’’ means a safety standard 
accredited by the American National Standards In-
stitute and published by the American Society of 
Mechanical Engineers. 
(2) ASTM 
STANDARD.—The term ‘‘ASTM 
standard’’ means a safety standard issued by ASTM 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
International, formerly known as the American Soci-
ety for Testing and Materials. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(4) NEW POOL.—The term ‘‘new pool’’ means 
any pool constructed more than 180 days after the 
effective date of a State statute enacted or amended 
after the date of enactment of this Act to establish 
State minimum swimming pool and spa safety 
standards that meet the recommended standards 
promulgated by the Commission under section 3. 
(5) SAFETY VACUUM RELEASE SYSTEM.—The 
term ‘‘safety vacuum release system’’ means a vacu-
um release system capable of providing vacuum re-
lease at a suction outlet caused by a high vacuum 
occurrence due to a suction outlet flow blockage. 
(6) SINGLE, UNBLOCKABLE DRAIN.—The term 
‘‘single, unblockable drain’’ means a drain of any 
size and shape that a human body cannot suffi-
ciently block to create a suction entrapment hazard. 
(7) SUCTION OUTLET DRAIN COVER.—The term 
‘‘suction outlet drain cover’’ means a drain cover 
which is designed to help prevent mechanical, body 
and hair entrapment and evisceration. 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS
(8) SWIMMING POOL; SPA.—The term ‘‘swim-
ming pool’’ or ‘‘spa’’ means 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. 
SEC. 7. CPSC REPORTS. 
(a) RULEMAKING PROGRESS.—The Commission shall 
report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives 
Committee on Energy and Commerce within 1 year after 
the date of enactment of this Act on its progress toward 
issuing a final rule under section 3. The Commission shall 
include in the report an explanation of its reason for rec-
ommending certain standards or safety devices over other, 
alternative standards or safety devices. 
(b) EFFICACY OF GRANT PROGRAM.—Within 1 year 
after the close of each fiscal year for which grants are 
made under section 4, the Commission shall submit a re-
port to the Congress evaluating the effectiveness of the 
grant program authorized by that section. 
Æ 
VerDate Aug 31 2005 
04:52 Jul 21, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H5850.IH
H5850
jcorcoran on PROD1PC62 with BILLS