§ 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;
(ii)
that all pools and spas be equipped with devices and systems designed to prevent entrapment by pool or spa drains;
(iii)
that pools and spas built more than 1 year after the date of the enactment of such statute have—
(2)
No liability inference associated with State notification requirement
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.
(3)
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 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.
(4)
Requirements to reflect national performance standards and Commission guidelines
In establishing minimum State law requirements under paragraph (1), 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
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:
(2)
Gates
A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.
(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.
[1] So in original. The word “that” probably should appear after “(iv)”.