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A BILL TO BE ENTITLED
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AN ACT
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relating to swimming pool and spa safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. SWIMMING POOL AND SPA SAFETY BARRIERS AND ENTRAPMENT |
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AVOIDANCE |
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Sec. 761.001. DEFINITIONS. In this chapter: |
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(1) "ASME/ANSI" means a standard that is accredited by |
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the American National Standards Institute and published by the |
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American Society of Mechanical Engineers. |
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(2) "ASTM" means a standard that is accredited by the |
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American Society For Testing and Materials. |
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(3) "Barrier" includes: |
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(A) a natural or constructed topographical |
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feature that prevents unauthorized access by children to a swimming |
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pool or spa; |
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(B) for a hot tub, a lockable cover; and |
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(C) a manual cover that meets all requirements of |
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the ASTM Specifications F1346-91 "Standard Performance |
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Specification for Safety Covers and Labeling Requirements for All |
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Covers for Swimming Pools, Spas and Hot Tubs." |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Main drain" means a submerged suction outlet |
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typically located at the bottom of a swimming pool or spa to |
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transfer water from the swimming pool or spa to a recirculating |
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pump. |
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(6) "Safety vacuum release system" means a vacuum |
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release system capable of providing vacuum release at a suction |
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outlet caused by a high vacuum occurrence due to a flow blockage. |
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(7) "Swimming pool or spa" means any outdoor or indoor |
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structure intended for swimming or recreational bathing, including |
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inground and aboveground structures. The term includes |
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non-portable wading pools. |
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(8) "Unblockable drain" means a drain of any size and |
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shape that a human body cannot sufficiently block to create a |
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suction entrapment hazard. |
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Sec. 761.002. DRAIN STANDARD AND REQUIRED SAFETY EQUIPMENT. |
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(a) A swimming pool or spa drain installed or sold in this state on |
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or after September 1, 2009, must conform to the entrapment |
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protection standards of the ASME/ANSI Standard A112.19.8 "Suction |
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Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot |
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Tubs" or a successor standard regulating the swimming pool or spa |
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drain cover that is adopted by the executive commissioner, in |
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conjunction with the United States Consumer Product Safety |
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Commission, as being at least as stringent as the A112.19.8 |
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performance standard. |
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(b) A swimming pool or spa installed or constructed on or |
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after September 1, 2009, in this state must: |
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(1) have one of the following: |
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(A) more than one drain; |
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(B) one or more unblockable drains; or |
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(C) no main drain; and |
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(2) at a minimum, be equipped with one or more of the |
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following devices or systems designed to prevent entrapment by |
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swimming pool or spa drains in accordance with the following |
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requirements: |
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(A) a safety vacuum release system that: |
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(i) is tested by an independent third |
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party; |
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(ii) stops operation of a pump, reverses |
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the circulation flow, or otherwise provides a vacuum release at a |
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blocked suction outlet; and |
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(iii) conforms to the ASME/ANSI Standard |
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A112.19.17 "Manufactured Safety Vacuum Release Systems (SVRS) for |
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Residential & Commercial Swimming Pool, Spa, Hot Tub, Wading Pool |
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Suction Systems" or a successor standard that is adopted by the |
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executive commissioner, in conjunction with the United States |
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Consumer Product Safety Commission, as being at least as stringent |
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as the A112.19.17 performance standard; |
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(B) a suction-limiting vent system with a |
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tamper-resistant atmospheric opening; |
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(C) a gravity drainage system that uses a |
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collector tank; |
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(D) an automatic pump shut-off system; |
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(E) a device or system that disables the drain; |
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or |
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(F) any other system determined by the executive |
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commissioner to be equally effective as, or better than, the |
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systems described in Paragraphs (A)-(E) at preventing or |
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eliminating the risk of injury or death associated with swimming |
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pool or spa drainage systems. |
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(c) A swimming pool or spa with a single main drain, other |
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than an unblockable drain, that is remodeled for purposes of repair |
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or improvement on or after September 1, 2009, must comply with the |
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requirements of Subsection (b). |
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(d) A residential swimming pool or spa constructed or |
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installed in this state on or after September 1, 2009, other than a |
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swimming pool governed by Chapter 757, must be enclosed by barriers |
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to entry designed to effectively prevent small children from |
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gaining unsupervised and unfettered access to the swimming pool or |
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spa. |
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(e) The executive commissioner shall adopt rules for |
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barriers consistent with the guidelines contained in: |
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(1) the United States Consumer Product Safety |
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Commission's publication 362 entitled "Safety Barrier Guidelines |
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for Home Pools"; |
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(2) the United States Consumer Product Safety |
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Commission's March 2005 publication entitled "Guidelines for |
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Entrapment Hazards: Making Pools and Spas Safer"; and |
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(3) any other swimming pool and spa safety guidelines |
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established by the United States Consumer Product Safety |
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Commission. |
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(f) A person who sells, constructs, or installs a swimming |
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pool or spa in this state shall provide notice to a purchaser of a |
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swimming pool or spa of the applicable barrier requirements adopted |
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by the executive commissioner under Subsection (e). |
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Sec. 761.003. EDUCATION AND NOTIFICATION. The Department |
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of State Health Services shall conduct an education program to: |
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(1) periodically notify owners of swimming pools or |
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spas about the requirements of this chapter and any applicable |
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federal statute or safety standard; and |
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(2) inform the public of methods to prevent drowning |
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and entrapment in swimming pools and spas. |
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SECTION 2. Subsection (g), Section 341.064, Health and |
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Safety Code, is amended to read as follows: |
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(g) The construction and appliances of a public swimming |
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pool must be such as to reduce to a practical minimum the |
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possibility of drowning or of injury to bathers. The construction |
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after September 1, 2009 [4, 1945], of a public swimming pool must |
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comply with Chapter 761 and conform to good public health |
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engineering practices. |
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SECTION 3. Section 343.011, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A swimming pool barrier that satisfies the |
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requirements of Chapter 761 satisfies the requirements of |
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Subsection (c) with respect to a fence or cover for a swimming pool |
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for purposes of determining whether the swimming pool is a public |
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nuisance. |
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SECTION 4. This Act takes effect September 1, 2009. |
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