2017 US Code
Title 15 - Commerce and Trade
Chapter 106 - Pool and Spa Safety
Sec. 8005 - Minimum State law requirements
| 15 U.S.C. § 8005 (2017) |
| §8005. Minimum State law requirements |
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(a) In general
(1) Safety standards
A State meets the minimum State law requirements of this section if— (A) the State requires by statute— (i) 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 (ii) that pools and spas built more than 1 year after the date of the enactment of such statute have— (I) more than 1 drain; (II) 1 or more unblockable drains; or (III) no main drain; and (B) 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— (A) shall use the minimum State law requirements under paragraph (1) solely for the purpose of determining the eligibility of a State for a grant under section 8004 of this title; and (B) may not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a State for a grant under section 8004 of this title. In establishing minimum State law requirements under paragraph (1)(B), the Commission shall— (A) consider current or revised national performance standards on pool and spa barrier protection and entrapment prevention; and (B) 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. 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 consideredIn establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements: (1) CoversA 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. 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. |
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(Pub. L. 110–140, title XIV, §1406, Dec. 19, 2007, 121 Stat. 1797; Pub. L. 113–76, div. E, title V, §501(2), Jan. 17, 2014, 128 Stat. 209.) |
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AMENDMENTS
2014—Subsec. (a)(1)(A). Pub. L. 113–76, §501(2)(A), inserted "and" at end of cl. (i), redesignated cl. (iii) as (ii) and inserted "and" at end, and struck out former cl. (ii) and cls. (iv) and (v) which read as follows: "(ii) that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains; "(iv) every swimming pool and spa that has a main drain, other than an unblockable drain, be equipped with a drain cover that meets the consumer product safety standard established by section 8003 of this title; and "(v) that periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard; and". Subsec. (a)(2) to (4). Pub. L. 113–76, §501(2)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, substituted "paragraph (1)(B)" for "paragraph (1)" in introductory provisions of par. (3), and struck out former par. (2) which read as follows: "The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related to that requirement." EFFECTIVE DATESection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. |
| United States Code, 2012 Edition, Supplement 5, Title 15 - COMMERCE AND TRADE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 15 - COMMERCE AND TRADE CHAPTER 106 - POOL AND SPA SAFETY Sec. 8005 - Minimum State law requirements |
| section 8005 |
| 2017 |
| January 12, 2018 |
| No |
| standard |
| 121 Stat. 1797 128 Stat. 209 |
| Public Law 110-140, Public Law 113-76 |
