CHAPTER 106 - POOL AND SPA SAFETY
Title 15 > CHAPTER 106
Sections (8)
§ 8001 Findings
Congress finds the following: Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States. In 2004, 761 children aged 14 and under died as a result of unintentional drowning. 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. ( Pub. L. 110–140, title XIV, § 1402 , Dec. 19, 2007 , 121 Stat. 1794 .)
§ 8002 Definitions
In this chapter: The term “ASME/ANSI” as applied to a safety standard means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers. The term “barrier” includes a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. The term “Commission” means the Consumer Product Safety Commission. The term “covered entity” means— a State; or an Indian Tribe. The term “Indian Tribe” has the meaning given that term in section 5304(e) of title 25 . The term “main drain” means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump. The term “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. The term “swimming 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. The term “unblockable drain” means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. The term “State” has the meaning given such term in section 2052(a) of this title , and includes the Northern Mariana Islands. For purposes of eligibility for the grants authorized under section 8004 of this title , such term shall also include any political subdivision of a State. ( Pub. L. 110–140, title XIV, § 1403 , Dec. 19, 2007 , 121 Stat. 1795 ; Pub. L. 110–314, title II, § 238(1) , Aug. 14, 2008 , 122 Stat. 3076 ; Pub. L. 112–10, div. B, title V, § 1576(a) , Apr. 15, 2011 , 125 Stat. 139 ; Pub. L. 117–328, div. BB, title IV, § 401 , Dec. 29, 2022 , 136 Stat. 5562 .)
§ 8003 Federal swimming pool and spa drain cover standard
(a) Consumer product safety rule The requirements described in subsection (b) shall be treated as a consumer product safety rule issued by the Consumer Product Safety Commission under the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.).
(b) Drain cover standard Effective 1 year after December 19, 2007 , each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool or drain cover. If a successor standard is proposed, the American Society of Mechanical Engineers shall notify the Commission of the proposed revision. If the Commission determines that the proposed revision is in the public interest, it shall incorporate the revision into the standard after providing 30 days notice to the public.
(c) Public pools Beginning 1 year after December 19, 2007 — each public pool and spa in the United States shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped, at a minimum, with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of subparagraph (B): 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 and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387. A suction-limiting vent system with a tamper-resistant atmospheric opening. A gravity drainage system that utilizes a collector tank. An automatic pump shut-off system. A device or system that disables the drain. Any other system determined by the Commission to be equally effective as, or better than, the systems described in subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death associated with pool drainage systems. Any device or system described in subparagraph (A)(ii) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard. In this subsection, the term “public pool and spa” means a swimming pool or spa that is— open to the public generally, whether for a fee or free of charge; open exclusively to— members of an organization and their guests; residents of a multi-unit apartment building, apartment complex, residential real estate development, or other multi-family residential area (other than a municipality, township, or other local government jurisdiction); or patrons of a hotel or other public accommodations facility; or operated by the Federal Government (or by a concessionaire on behalf of the Federal Government) for the benefit of members of the Armed Forces and their dependents or employees of any department or agency and their dependents. Violation of paragraph (1) shall be considered to be a violation of section 19(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2068(a)(1) ) and may also be enforced under section 17 of that Act ( 15 U.S.C. 2066 ).
§ 8004 Swimming pool safety grant program
(a) In general Subject to the availability of appropriations authorized by subsection (e), the Commission shall carry out a grant program to provide assistance to eligible covered entities.
(b) Eligibility To be eligible for a grant under the program, a covered entity shall— demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an application to the Commission for a grant under this section, the covered entity has enacted and provides for the enforcement of a statute that— except as provided in section 8005(a)(1)(A)(i) of this title , applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and meets the minimum State law requirements of section 8005 of this title ; and submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require.
(c) Amount of grant The Commission shall determine the amount of a grant awarded under this section, and shall consider— the population of the covered entity; the relative enforcement and implementation needs of the covered entity; and allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment.
(d) Use of grant funds A State or an Indian Tribe receiving a grant under this section shall use— at least 25 percent of amounts made available— to hire and train personnel for implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and to defray administrative costs associated with the hiring and training programs under subparagraph (A); and the remainder— to educate pool owners, pool operators, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and to defray administrative costs associated with the education programs under subparagraph (A).
(e) Authorization of appropriations There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out this section.
§ 8005 Minimum State law requirements
(a) In general A State meets the minimum State law requirements of this section if— the State requires by statute— the enclosure of all outdoor 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; and that pools and spas built more than 1 year after the date of the enactment of such statute have— more than 1 drain; 1 or more unblockable drains; or no main drain; and the State meets such additional State law requirements for pools and spas as the Commission may establish after public notice and a 30-day public comment period. The Commission— shall use the minimum State law requirements under paragraph (1) solely for the purpose of determining the eligibility of a covered entity for a grant under section 8004 of this title ; and may not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a covered entity for a grant under section 8004 of this title . In establishing minimum State law requirements under paragraph (1)(B), the Commission shall— consider current or revised national performance standards on pool and spa barrier protection and entrapment prevention; and ensure that any such requirements are consistent with the guidelines contained in the Commission’s publication 362, entitled “Safety Barrier Guidelines for Home Pools”, the Commission’s publication entitled “Guidelines for Entrapment Hazards: Making Pools and Spas Safer”, and any other pool safety guidelines established by the Commission.
(b) Standards Nothing in this section prevents the Commission from promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard.
(c) Basic access-related safety devices and equipment requirements to be considered In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements: A safety pool cover. A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device. Any door with direct access to the swimming pool or spa that is equipped with an audible alert device or alarm which sounds when the door is opened. A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.
(d) Entrapment, entanglement, and evisceration prevention standards to be required In establishing additional minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall require, at a minimum, 1 or more of the following (except for pools constructed without a single main drain): 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 and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387, or any successor standard. A suction-limiting vent system with a tamper-resistant atmospheric opening. A gravity drainage system that utilizes a collector tank. An automatic pump shut-off system. A device or system that disables the drain. Any other system determined by the Commission 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. Any device or system described in subparagraphs (B) through (E) of paragraph (1) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard.
(e) State defined In this section, the term “State” includes an Indian Tribe.
§ 8006 Education and awareness program
(a) In general The Commission shall establish and carry out an education and awareness 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— educational materials designed for swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement; educational materials designed for swimming pool and spa owners and operators, consumers, States, and Indian Tribes; and a national media campaign to promote awareness of swimming pool and spa safety.
(b) Authorization of appropriations There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a).
§ 8007 CPSC report
Not later than 1 year after the last day of each fiscal year for which grants are made under section 8004 of this title , the Commission shall submit to Congress a report evaluating the implementation of the grant program authorized by that section. ( Pub. L. 110–140, title XIV, § 1408 , Dec. 19, 2007 , 121 Stat. 1800 .)
§ 8008 Applicability
This chapter 1 is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ( Pub. L. 110–140, title XIV, § 1409 , as added Pub. L. 110–314, title II, § 238(3) , Aug. 14, 2008 , 122 Stat. 3076 .)