H.R. 1721 (110^th): Virginia Graeme Baker Pool and Spa Safety Act

of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States;

there are approximately 260 drowning deaths of children younger than age 5 each year in swimming pools, and an estimated 2,725 children are treated annually in hospital emergency rooms for pool submersion injuries, mostly in residential pools;

many children die due to pool and spa drowning and entrapment, such as Virginia Graeme Baker, who at age 7 drowned by entrapment in a residential spa, and Preston de Ibern, who at age 5 nearly drowned and was left permanently brain damaged, finally succumbing to his catastrophic healthcare issues when he was 12 years old;

adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning; and

research studies show that the installation and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings.

ASME/ANSI standard

The term ASME/ANSI standard means a safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.

ASTM standard

The term ASTM standard means a safety standard issued by ASTM International, formerly known as the American Society for Testing and Materials.

Barrier

The term barrier, with respect to a swimming pool, means a fence, dwelling wall, or nondwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, especially access from the residence or from the yard outside the barrier. In the case where a wall of a dwelling that contains a door or window serves as part of the barrier, all doors and windows providing direct access from the home to the pool must be equipped with an exit alarm that has a minimum sound pressure rating of 85 dB A at 10 feet. Alarms should meet the requirements of UL 2017 General-Purpose Signaling Devices and Systems, section 77. All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor. The term barrier means, with respect to a portable hot tub, a lockable cover.

Commission

The term Commission means the Consumer Product Safety Commission.

Main drain

The term main drain means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a re-circulating pump.

Ornamental pool

The term ornamental pool means a man-made structure designed to contain water such as a decorative fountain or reflecting pool in the ground, partially in the ground, or in a building, intended primarily for aesthetic value and not intended for swimming or wading.

Safety vacuum release system

The term safety vacuum release system means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage.

Unblockable drain

The term unblockable drain means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

Swimming pool; spa

The term swimming pool or spa means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable wading pools.