15 U.S. Code § 8005 - Minimum State law requirements
(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
(2) Use of minimum State law requirements
(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.
(3) Requirements to reflect national performance standards and Commission guidelines
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 considered
In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:
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.
(d) Entrapment, entanglement, and evisceration prevention standards to be required
(1) In general
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
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.
(B) Suction-limiting vent system
A suction-limiting vent system with a tamper-resistant atmospheric opening.
Source(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.)
2014—Subsec. (a)(1)(A)(i). Pub. L. 113–76, § 501(2)(A)(i), inserted “and” after semicolon.
Subsec. (a)(1)(A)(ii), (iii). Pub. L. 113–76, § 501(2)(A)(ii), (iii), redesignated cl. (iii) as (ii), inserted “and” at end, and struck out former cl. (ii) which read as follows: “that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains;”.
Subsec. (a)(1)(A)(iv), (v). Pub. L. 113–76, § 501(2)(A)(ii), struck out cls. (iv) and (v) which read as follows:
“(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.”
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