{"identifier":"/us/usc/t15/s8005","title":15,"num":"\u00a7\u202f8005.","heading":"Minimum State law requirements","text":"\u00a7\u202f8005.\nMinimum State law requirements\n(a)\nIn general\n(1)\nSafety standards\nA State meets the minimum State law requirements of this section if\u2014\n(A) the State requires by statute\u2014\n(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\n(ii) that pools and spas built more than 1 year after the date of the enactment of such statute have\u2014\n(I) more than 1 drain;\n(II) 1 or more unblockable drains; or\n(III) no main drain; and\n(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.\n(2)\nUse of minimum State law requirements\nThe Commission\u2014\n(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\nsection 8004 of this title\n(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\nsection 8004 of this title\n(3)\nRequirements to reflect national performance standards and Commission guidelines\nIn establishing minimum State law requirements under paragraph (1)(B), the Commission shall\u2014\n(A) consider current or revised national performance standards on pool and spa barrier protection and entrapment prevention; and\n(B) ensure that any such requirements are consistent with the guidelines contained in the Commission\u2019s publication 362, entitled \u201cSafety Barrier Guidelines for Home Pools\u201d, the Commission\u2019s publication entitled \u201cGuidelines for Entrapment Hazards: Making Pools and Spas Safer\u201d, and any other pool safety guidelines established by the Commission.\n(b)\nStandards\nNothing in this section prevents the Commission from promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard.\n(c)\nBasic access-related safety devices and equipment requirements to be considered\nIn establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:\n(1)\nCovers\nA safety pool cover.\n(2)\nGates\nA gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.\n(3)\nDoors\nAny 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.\n(4)\nPool alarm\nA device designed to provide rapid detection of an entry into the water of a swimming pool or spa.\n(d)\nEntrapment, entanglement, and evisceration prevention standards to be required\n(1)\nIn general\nIn 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):\n(A)\nSafety vacuum release system\nA 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.\n(B)\nSuction-limiting vent system\nA suction-limiting vent system with a tamper-resistant atmospheric opening.\n(C)\nGravity drainage system\nA gravity drainage system that utilizes a collector tank.\n(D)\nAutomatic pump shut-off system\nAn automatic pump shut-off system.\n(E)\nDrain disablement\nA device or system that disables the drain.\n(F)\nOther systems\nAny 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.\n(2)\nApplicable standards\nAny 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.\n(e)\nState defined\nIn this section, the term \u201cState\u201d includes an Indian Tribe.","url":"https://projectusc.org/usc/t15/s8005.html","content":[{"t":"sec","id":"/us/usc/t15/s8005","children":[{"t":"num","text":"\u00a7\u202f8005."},{"t":"heading","text":"Minimum State law requirements"},{"t":"subsec","id":"/us/usc/t15/s8005/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"para","id":"/us/usc/t15/s8005/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Safety standards"},{"t":"chapeau","text":"A State meets the minimum State law requirements of this section if\u2014"},{"t":"subpara","id":"/us/usc/t15/s8005/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the State requires by statute\u2014"},{"t":"clause","id":"/us/usc/t15/s8005/a/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s8005/a/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" that pools and spas built more than 1 year after the date of the enactment of such statute have\u2014"},{"t":"subclause","id":"/us/usc/t15/s8005/a/1/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" more than 1 drain;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s8005/a/1/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" 1 or more unblockable drains; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s8005/a/1/A/ii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" no main drain; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Use of minimum State law requirements"},{"t":"chapeau","text":"The Commission\u2014"},{"t":"subpara","id":"/us/usc/t15/s8005/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 8004 of this title","href":"/us/usc/t15/s8004","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" may not enforce any requirement under paragraph (1) except for the purpose of determining the eligibility of a covered entity for a grant under ","children":[{"t":"ref","text":"section 8004 of this title","href":"/us/usc/t15/s8004","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Requirements to reflect national performance standards and Commission guidelines"},{"t":"chapeau","text":"In establishing minimum State law requirements under paragraph (1)(B), the Commission shall\u2014"},{"t":"subpara","id":"/us/usc/t15/s8005/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" consider current or revised national performance standards on pool and spa barrier protection and entrapment prevention; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ensure that any such requirements are consistent with the guidelines contained in the Commission\u2019s publication 362, entitled \u201cSafety Barrier Guidelines for Home Pools\u201d, the Commission\u2019s publication entitled \u201cGuidelines for Entrapment Hazards: Making Pools and Spas Safer\u201d, and any other pool safety guidelines established by the Commission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s8005/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Standards"},{"t":"content","children":[{"t":"p","text":"Nothing in this section prevents the Commission from promulgating standards regulating pool and spa safety or from relying on an applicable national performance standard.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s8005/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Basic access-related safety devices and equipment requirements to be considered"},{"t":"chapeau","text":"In establishing minimum State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements:"},{"t":"para","id":"/us/usc/t15/s8005/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Covers"},{"t":"content","children":[{"t":"p","text":"A safety pool cover.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Gates"},{"t":"content","children":[{"t":"p","text":"A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Doors"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Pool alarm"},{"t":"content","children":[{"t":"p","text":"A device designed to provide rapid detection of an entry into the water of a swimming pool or spa.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s8005/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Entrapment, entanglement, and evisceration prevention standards to be required"},{"t":"para","id":"/us/usc/t15/s8005/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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):"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Safety vacuum release system"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Suction-limiting vent system"},{"t":"content","children":[{"t":"p","text":"A suction-limiting vent system with a tamper-resistant atmospheric opening.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Gravity drainage system"},{"t":"content","children":[{"t":"p","text":"A gravity drainage system that utilizes a collector tank.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Automatic pump shut-off system"},{"t":"content","children":[{"t":"p","text":"An automatic pump shut-off system.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Drain disablement"},{"t":"content","children":[{"t":"p","text":"A device or system that disables the drain.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s8005/d/1/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Other systems"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s8005/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Applicable standards"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s8005/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"State defined"},{"t":"content","children":[{"t":"p","text":"In this section, the term \u201cState\u201d includes an Indian Tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}