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15 U.S.C. § 8003Federal swimming pool and spa drain cover standard

submitted 19 years ago by Pub. L. 110-140 to r/title-15-COMMERCE-AND-TRADE · 599 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets a federal safety standard for swimming pool and spa drain covers. Drain covers sold in the U.S. must meet an engineering standard that guards against suction entrapment. Public pools must also install added anti-entrapment safety devices or systems.

This section creates a federal safety rule for the drain covers on swimming pools and spas, to stop people from getting trapped by suction. (a) Consumer product safety rule. The drain-cover requirements below count as an official safety rule under the Consumer Product Safety Act. (b) Drain cover standard. Starting one year after December 19, 2007, every swimming pool or spa drain cover made, sold, or shipped in the United States must meet the ASME/ANSI A112.19.8 engineering standard (or any standard that replaces it) for keeping people from getting caught in the drain's suction. If engineers propose an updated version of that standard, they must tell the Consumer Product Safety Commission (the Commission). If the Commission decides the update is good for the public, it adopts the update after giving the public 30 days' notice. (c) Public pools. (1) Required equipment. Starting one year after December 19, 2007: every public pool and spa must have anti-entrapment devices meeting the ASME/ANSI A112.19.8 standard (i). And every public pool or spa with just one main drain — unless that drain can't be blocked — must also have at least one of these extra safety systems (ii): a safety vacuum release system, which shuts off or reverses the pump, or releases suction, when it senses a blockage, and which has been independently tested to meet ASME/ANSI A112.19.17 or ASTM F2387 (I); a suction-limiting vent system with an opening people can't tamper with (II); a gravity drainage system that uses a holding tank instead of direct suction (III); a system that automatically shuts off the pump (IV); a device that disables the drain entirely (V); or any other system the Commission finds is just as good at preventing injury or death from pool drains (VI). Any of these systems must also meet whatever official engineering standard applies to that type of device (B). (2) "Public pool and spa" means a pool or spa that's open to the public, for a fee or free (A); open to a private group like club members, apartment residents, or hotel guests (B); or run by the federal government for service members, employees, and their families (C). (3) Enforcement. Breaking the rule in paragraph (1) counts as violating the Consumer Product Safety Act, and can be enforced under that Act's sections on penalties and injunctions.
the actual law source: uscode.house.gov ↗public domain
(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
(1) Required equipment
(A) In general

Beginning 1 year after December 19, 2007—

(i)

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

(ii)

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):

(I) 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 and found to conform to ASME/ANSI standard A112.19.17 or ASTM standard F2387.

(II) Suction-limiting vent system

A suction-limiting vent system with a tamper-resistant atmospheric opening.

(III) Gravity drainage system

A gravity drainage system that utilizes a collector tank.

(IV) Automatic pump shut-off system

An automatic pump shut-off system.

(V) Drain disablement

A device or system that disables the drain.

(VI) Other systems

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.

(B) Applicable standards

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.

(2) Public pool and spa defined

In this subsection, the term “public pool and spa” means a swimming pool or spa that is—

(A)

open to the public generally, whether for a fee or free of charge;

(B)

open exclusively to—

(i)

members of an organization and their guests;

(ii)

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

(iii)

patrons of a hotel or other public accommodations facility; or

(C)

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.

(3) Enforcement

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).

Source credit: (Pub. L. 110–140, title XIV, § 1404, Dec. 19, 2007, 121 Stat. 1795; Pub. L. 110–314, title II, § 238(2), Aug. 14, 2008, 122 Stat. 3076.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1795
  • 2008Amended · Pub. L. 110-314 · 122 Stat. 3076

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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