81R1730 MSE-D
By: Van de Putte S.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to swimming pool safety; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. POOL SAFETY
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(2) "Main drain" means a submerged suction outlet
typically located at the bottom of a pool to conduct water to a
recirculating pump.
(3) "Pool" means an outdoor or indoor structure
intended for swimming or recreational bathing, including an
inground or aboveground structure, and includes a hot tub, spa,
portable spa, and non-portable wading pool.
(4) "Pool yard" means an area that contains a pool.
(5) "Pool yard enclosure" or "enclosure" means a
fence, wall, or combination of fences, walls, or gates that
completely surround a pool. A pool yard enclosure may also enclose
the pool deck, landscaped areas, and other areas beyond the pool.
(6) "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.
(7) "Unblockable drain" means a drain of any size and
shape that a human body cannot sufficiently block to create a
suction entrapment hazard.
Sec. 761.002. REQUIRED SAFETY EQUIPMENT. (a) In
accordance with rules adopted by the executive commissioner, a
person who sells or installs a pool shall provide, with each pool
sold or installed, the following safety equipment:
(1) for a residential pool other than a pool governed
by Chapter 757, a pool yard enclosure and gate that will effectively
prevent a small child from gaining unsupervised and unfettered
access to the pool;
(2) a device or system to prevent entrapment by a pool
drain; and
(3) for a pool installed on or after September 1, 2010,
either:
(A) more than one drain;
(B) one or more unblockable drains; or
(C) no main drain.
(b) A seller or installer required to comply with this
chapter may charge the cost of the required safety equipment to the
person purchasing the pool.
(c) A seller or installer is not required to provide the
safety equipment required by Subsection (a) if the person
purchasing the pool owns safety equipment that complies with this
chapter. The person purchasing the pool must submit proof to the
seller or installer of the presence of the required safety
equipment in accordance with rules adopted by the executive
commissioner.
Sec. 761.003. DRAINS. (a) A pool that has a main drain,
other than an unblockable drain, must:
(1) be equipped with a drain cover that conforms to the
ASME/ANSI Standard A112.19.8M "Suction Fittings for Use in Swimming
Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub
Appliances," as it existed on January 1, 2009; and
(2) have at least one of the following anti-entrapment
devices:
(A) a safety vacuum release system, tested by an
independent third party, that ceases operation of a pump, reverses
the circulation flow, or otherwise provides a vacuum release at a
blocked suction outlet and that conforms to:
(i) the ASME/ANSI Standard A112.19.17
"Manufactured Safety Vacuum Release Systems (SVRS) for Residential
and Commercial Swimming Pool, Spa, Hot Tub, Wading Pool Suction
Systems," as it existed on January 1, 2009; or
(ii) the ASTM International Standard F2387
"Standard Specification for Manufactured Safety Vacuum Release
Systems for Swimming Pools, Spas and Hot Tubs," as it existed on
January 1, 2009;
(B) a suction-limiting vent system with a
tamper-resistant atmospheric opening;
(C) a gravity drainage system that uses a
collector tank;
(D) an automatic pump shut-off system;
(E) a device or system that disables the drain;
or
(F) another system that the executive
commissioner determines is effective at preventing the risk of
injury or death for children associated with pool drainage systems.
(b) The executive commissioner may by rule adopt a successor
standard to a standard required by Subsection (a) on a finding that
the successor standard adequately promotes safety.
Sec. 761.004. ADDITIONAL SAFETY REQUIREMENTS. The
executive commissioner may adopt rules to require the owner of a
pool at a single-family dwelling to install:
(1) a manual or power safety pool cover;
(2) a self-closing, self-latching device on a gate
providing access to a pool, pool yard, or pool yard enclosure;
(3) an audible alert device or alarm on any door with
direct access to a pool, pool yard, or pool yard enclosure that
sounds when the door is opened;
(4) a pool alarm designed to provide rapid detection
of an entry into the water of a pool; and
(5) any other safety device or feature required by
federal law.
Sec. 761.005. EDUCATION AND NOTIFICATION. The Department
of State Health Services shall conduct an education program to:
(1) periodically notify pool owners about the
requirements of this chapter and any applicable federal statute or
safety standard; and
(2) inform the public of methods to prevent drowning
and entrapment in pools.
Sec. 761.006. CUMULATIVE OF OTHER LAW. The requirements of
this chapter are in addition to the requirements of Chapter 757.
SECTION 2. The heading to Chapter 757, Health and Safety
Code, is amended to read as follows:
CHAPTER 757. POOL YARD ENCLOSURES AT CERTAIN DWELLINGS
SECTION 3. This Act takes effect September 1, 2009.