Texas 2009 - 81st Regular

Texas Senate Bill SB96 Compare Versions

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1	1	81R1730 MSE-D
2	2	By: Van de Putte S.B. No. 96
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to swimming pool safety; providing a civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
10	10	amended by adding Chapter 761 to read as follows:
11	11	CHAPTER 761. POOL SAFETY
12	12	Sec. 761.001. DEFINITIONS. In this chapter:
13	13	(1) "Executive commissioner" means the executive
14	14	commissioner of the Health and Human Services Commission.
15	15	(2) "Main drain" means a submerged suction outlet
16	16	typically located at the bottom of a pool to conduct water to a
17	17	recirculating pump.
18	18	(3) "Pool" means an outdoor or indoor structure
19	19	intended for swimming or recreational bathing, including an
20	20	inground or aboveground structure, and includes a hot tub, spa,
21	21	portable spa, and non-portable wading pool.
22	22	(4) "Pool yard" means an area that contains a pool.
23	23	(5) "Pool yard enclosure" or "enclosure" means a
24	24	fence, wall, or combination of fences, walls, or gates that
25	25	completely surround a pool. A pool yard enclosure may also enclose
26	26	the pool deck, landscaped areas, and other areas beyond the pool.
27	27	(6) "Safety vacuum release system" means a vacuum
28	28	release system capable of providing vacuum release at a suction
29	29	outlet caused by a high vacuum occurrence due to a suction outlet
30	30	flow blockage.
31	31	(7) "Unblockable drain" means a drain of any size and
32	32	shape that a human body cannot sufficiently block to create a
33	33	suction entrapment hazard.
34	34	Sec. 761.002. REQUIRED SAFETY EQUIPMENT. (a) In
35	35	accordance with rules adopted by the executive commissioner, a
36	36	person who sells or installs a pool shall provide, with each pool
37	37	sold or installed, the following safety equipment:
38	38	(1) for a residential pool other than a pool governed
39	39	by Chapter 757, a pool yard enclosure and gate that will effectively
40	40	prevent a small child from gaining unsupervised and unfettered
41	41	access to the pool;
42	42	(2) a device or system to prevent entrapment by a pool
43	43	drain; and
44	44	(3) for a pool installed on or after September 1, 2010,
45	45	either:
46	46	(A) more than one drain;
47	47	(B) one or more unblockable drains; or
48	48	(C) no main drain.
49	49	(b) A seller or installer required to comply with this
50	50	chapter may charge the cost of the required safety equipment to the
51	51	person purchasing the pool.
52	52	(c) A seller or installer is not required to provide the
53	53	safety equipment required by Subsection (a) if the person
54	54	purchasing the pool owns safety equipment that complies with this
55	55	chapter. The person purchasing the pool must submit proof to the
56	56	seller or installer of the presence of the required safety
57	57	equipment in accordance with rules adopted by the executive
58	58	commissioner.
59	59	Sec. 761.003. DRAINS. (a) A pool that has a main drain,
60	60	other than an unblockable drain, must:
61	61	(1) be equipped with a drain cover that conforms to the
62	62	ASME/ANSI Standard A112.19.8M "Suction Fittings for Use in Swimming
63	63	Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub
64	64	Appliances," as it existed on January 1, 2009; and
65	65	(2) have at least one of the following anti-entrapment
66	66	devices:
67	67	(A) a safety vacuum release system, tested by an
68	68	independent third party, that ceases operation of a pump, reverses
69	69	the circulation flow, or otherwise provides a vacuum release at a
70	70	blocked suction outlet and that conforms to:
71	71	(i) the ASME/ANSI Standard A112.19.17
72	72	"Manufactured Safety Vacuum Release Systems (SVRS) for Residential
73	73	and Commercial Swimming Pool, Spa, Hot Tub, Wading Pool Suction
74	74	Systems," as it existed on January 1, 2009; or
75	75	(ii) the ASTM International Standard F2387
76	76	"Standard Specification for Manufactured Safety Vacuum Release
77	77	Systems for Swimming Pools, Spas and Hot Tubs," as it existed on
78	78	January 1, 2009;
79	79	(B) a suction-limiting vent system with a
80	80	tamper-resistant atmospheric opening;
81	81	(C) a gravity drainage system that uses a
82	82	collector tank;
83	83	(D) an automatic pump shut-off system;
84	84	(E) a device or system that disables the drain;
85	85	or
86	86	(F) another system that the executive
87	87	commissioner determines is effective at preventing the risk of
88	88	injury or death for children associated with pool drainage systems.
89	89	(b) The executive commissioner may by rule adopt a successor
90	90	standard to a standard required by Subsection (a) on a finding that
91	91	the successor standard adequately promotes safety.
92	92	Sec. 761.004. ADDITIONAL SAFETY REQUIREMENTS. The
93	93	executive commissioner may adopt rules to require the owner of a
94	94	pool at a single-family dwelling to install:
95	95	(1) a manual or power safety pool cover;
96	96	(2) a self-closing, self-latching device on a gate
97	97	providing access to a pool, pool yard, or pool yard enclosure;
98	98	(3) an audible alert device or alarm on any door with
99	99	direct access to a pool, pool yard, or pool yard enclosure that
100	100	sounds when the door is opened;
101	101	(4) a pool alarm designed to provide rapid detection
102	102	of an entry into the water of a pool; and
103	103	(5) any other safety device or feature required by
104	104	federal law.
105	105	Sec. 761.005. EDUCATION AND NOTIFICATION. The Department
106	106	of State Health Services shall conduct an education program to:
107	107	(1) periodically notify pool owners about the
108	108	requirements of this chapter and any applicable federal statute or
109	109	safety standard; and
110	110	(2) inform the public of methods to prevent drowning
111	111	and entrapment in pools.
112	112	Sec. 761.006. CUMULATIVE OF OTHER LAW. The requirements of
113	113	this chapter are in addition to the requirements of Chapter 757.
114	114	SECTION 2. The heading to Chapter 757, Health and Safety
115	115	Code, is amended to read as follows:
116	116	CHAPTER 757. POOL YARD ENCLOSURES AT CERTAIN DWELLINGS
117	117	SECTION 3. This Act takes effect September 1, 2009.