83R5079 KKR-D

By: Davis S.B. No. 582

A BILL TO BE ENTITLED

AN ACT

relating to swimming pool alarms and exit alarms for certain single-family homes; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Residential Swimming Pool Safety Act in memory of Grayson James Satarino.

SECTION 2. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 761 to read as follows:

CHAPTER 761. RESIDENTIAL SWIMMING POOL SAFETY

Sec. 761.001. DEFINITIONS. In this chapter:

(1) "ASTM" means the American Society for Testing and Materials.

(2) "Department" means the Department of State Health Services.

(3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(4) "Remodel" means a renovation, reconstruction, improvement, or repair of a swimming pool that requires a municipal or county construction permit.

(5) "Swimming pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. The term includes an in-ground or above-ground structure, hot tub, spa, portable spa, and non-portable wading pool.

Sec. 761.002. APPLICABILITY. This chapter does not apply to:

(1) a swimming pool with a pool yard enclosure that is constructed in compliance with the requirements of Section 757.003;

(2) a hot tub or spa with a locking safety cover that conforms to ASTM Standard F1346-91 (2010), "Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs," or a successor standard that is adopted by the executive commissioner as being at least as safe as the F1346-91 (2010) standard;

(3) a swimming pool with an automatic power safety cover that conforms to ASTM Standard F1346-91 (2003), "Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs," or a successor standard that is adopted by the executive commissioner as being at least as safe as the F1346-91 (2003) standard; or

(4) a swimming pool in the jurisdiction of a political subdivision of this state that adopts an ordinance regarding alarms for residential swimming pools with requirements that are at least as stringent as the requirements of this chapter.

Sec. 761.003. REQUIRED ALARMS. A person who constructs an in-ground swimming pool, installs an above-ground swimming pool, or remodels a swimming pool for a single-family home shall provide for each swimming pool constructed, installed, or remodeled the following:

(1) on each door providing direct access from the home to the pool area without an intervening enclosure, an exit alarm that:

(A) makes an audible, continuous alarm sound when the door is opened or left ajar; and

(B) is battery operated or connected to the electrical wiring of the home; and

(2) a swimming pool alarm that:

(A) when placed in a swimming pool, will sound on detection of accidental or unauthorized entrance into the water;

(B) meets and is certified by an independent third party as conforming to ASTM Standard F2208-08, "Standard Safety Specification for Residential Pool Alarms," as it existed on January 1, 2013, or a successor standard that is adopted by the executive commissioner as being at least as safe as the F2208-08 standard; and

(C) is not a swimming protection alarm device designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

Sec. 761.004. CONSUMER NOTICE. A person who sells, constructs, installs, or remodels a swimming pool for a single-family home shall provide to the owner of the home written notice of the requirements of this chapter.

Sec. 761.005. DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (a) The executive commissioner shall adopt rules necessary to implement this chapter.

(b) The department shall post on the department's Internet website the requirements of this chapter, including rules adopted under this chapter, and any other residential swimming pool safety information the executive commissioner determines is appropriate. The information must be posted in a format that is easily downloaded.

Sec. 761.006. CIVIL PENALTY. (a) A person who fails to comply with Section 761.003 is liable to this state for a civil penalty not to exceed $5,000 for each noncompliance.

(b) A person who fails to comply with Section 761.004 is liable to this state for a civil penalty not to exceed $1,000 for each noncompliance.

(c) The attorney general may sue to collect a civil penalty under this section.

(d) The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.

SECTION 3. (a) Not later than December 1, 2013, the executive commissioner of the Health and Human Services Commission shall adopt the rules and standards required by Chapter 761, Health and Safety Code, as added by this Act.

(b) Not later than May 1, 2014, the Department of State Health Services shall post on the department's Internet website the information required by Section 761.005, Health and Safety Code, as added by this Act.

(c) Notwithstanding Chapter 761, Health and Safety Code, as added by this Act, a person who constructs an in-ground swimming pool, installs an above-ground swimming pool, or remodels a swimming pool for a single-family home on or after the effective date of this Act is not required to comply with that chapter before May 1, 2014.

SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2013.

(b) Section 761.006, Health and Safety Code, as added by this Act, takes effect May 1, 2014.