15 U.S.C. § 8005
Section 8005 · Minimum State law requirements
Current version, with additions and removals from the January 17, 2014 version.
(1) Safety standards
(1) Safety standards
A State meets the minimum State law requirements of this section if—
A State meets the minimum State law requirements of this section if—
(A) the State requires by statute—
(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
(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—
(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;
(I) more than 1 drain;
(II) 1 or more unblockable drains; or
(II) 1 or more unblockable drains; or
(III) no main drain; and
(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.
(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.
(2) Use of minimum State law requirements
(2) Use of minimum State law requirements
The Commission—
The Commission—
(3) Requirements to reflect national performance standards and Commission guidelines
(3) Requirements to reflect national performance standards and Commission guidelines
In establishing minimum State law requirements under paragraph (1)(B), the Commission shall—
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
(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.
(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.
Nothing in this section prevents the Commission from promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard.
In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:
In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:
(1) Covers
(1) Covers
A safety pool cover.
A safety pool cover.
(2) Gates
(2) Gates
A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.
A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.
(3) Doors
(3) Doors
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.
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.
(4) Pool alarm
(4) Pool alarm
A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.
A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.
(1) In general
(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):
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
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 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
(B) Suction-limiting vent system
A suction-limiting vent system with a tamper-resistant atmospheric opening.
A suction-limiting vent system with a tamper-resistant atmospheric opening.
(C) Gravity drainage system
(C) Gravity drainage system
A gravity drainage system that utilizes a collector tank.
A gravity drainage system that utilizes a collector tank.
(D) Automatic pump shut-off system
(D) Automatic pump shut-off system
An automatic pump shut-off system.
An automatic pump shut-off system.
(E) Drain disablement
(E) Drain disablement
A device or system that disables the drain.
A device or system that disables the drain.
(F) Other systems
(F) Other systems
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 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.
(2) Applicable standards
(2) Applicable standards
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.
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.
In this section, the term "State" includes an Indian Tribe.