Page:United States Statutes at Large Volume 121.djvu/1819

 121 STAT. 1798

dkrause on GSDDPC44 with PUBLAW

Notification. Comment period.

VerDate Aug 31 2005

07:12 Jan 26, 2009

PUBLIC LAW 110–140—DEC. 19, 2007

(iii) 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; (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 1404; 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 (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) 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 1405 of this Act; 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 1405 of this Act. (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: (1) COVERS.—A safety pool cover. (2) GATES.—A gate with direct access to the swimming pool or spa that is equipped with a self-closing, self-latching device.

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