15 USC 8005 - Minimum State law requirements

U.S Code last checked for updates: Apr 29, 2024

§ 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

(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.

(2)

Use of minimum State law requirements

The Commission—

(A)

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

(B)

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.

(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.

(b)

Standards

(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:

(1)

Covers

(2)

Gates

(3)

Doors

(4)

Pool alarm

(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

(B)

Suction-limiting vent system

(C)

Gravity drainage system

(D)

Automatic pump shut-off system

(E)

Drain disablement

(F)

Other systems

(2)

Applicable standards

(e)

State defined

(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; Pub. L. 117–328, div. BB, title IV, § 402(b), Dec. 29, 2022, 136 Stat. 5563.)

cite as: 15 USC 8005