Senate Bill 2103

AN ACT TO PROVIDE MINIMUM STATE REQUIREMENTS FOR POOL AND SPA ENTRAPMENT-PROOF DRAIN COVERS IN COMPLIANCE WITH FEDERAL LAW; TO PROVIDE STANDARDS RELATIVE TO PUBLIC POOLS AND SPAS AND RESIDENTIAL POOLS AND SPAS; TO PROVIDE DEFINITIONS; TO PROVIDE FOR ENFORCEMENT OF THESE STANDARDS BY THE STATE DEPARTMENT OF HEALTH; TO DIRECT THE STATE DEPARTMENT OF HEALTH TO APPLY FOR FEDERAL GRANT FUNDS TO CARRY OUT AN EDUCATIONAL AND ENFORCEMENT PROGRAM UNDER THIS ACT; TO PROVIDE THAT VIOLATIONS OF THIS ACT ARE CIVIL VIOLATIONS; TO PROVIDE PROSPECTIVE SAFETY STANDARDS FOR RESIDENTIAL POOLS AND SPAS; TO PROVIDE FOR AN EDUCATIONAL PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act:

(a) "ASME/ANSI," as applied to a safety standard, means such a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.

(b) "Barrier" means a natural or constructed topographical feature that prevents unpermitted access by children to a swimming pool and, with respect to a hot tub, a lockable cover.

(d) "Main drain" means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recirculating pump.

(e) "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.

(f) "Swimming pool" or "spa" means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and aboveground structures, and includes hot tubs, spas, portable spas and nonportable wading pools.

(g) "Unblockable drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

SECTION 2. (1) Drain cover standard. Effective July 1, 2010, each swimming pool or spa drain cover manufactured, distributed or entered into commerce in the State of Mississippi shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard regulating such swimming pool or drain cover.

(2) Public pools.

(a) In general. Beginning July 1, 2010:

(i) Each public pool and spa in the State of Mississippi shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 performance standard, or any successor standard; and

(ii) Each public pool and spa in the State of Mississippi with a single main drain other than an unblockable drain shall be equipped, at a minimum, with one or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meets the requirements of paragraph (b).

1. Safety vacuum release system. A safety vacuum release system which ceases operation of the pump, reverses the circulation flow or otherwise provides a vacuum release at a suction outlet when a blockage is detected, that has been tested by an independent third party and found to conform to ASME/ANSI A112.19.17 performance standard or ASTM F2387 performance standard.

2. Suction-limiting vent system. A suction-limiting vent system with a tamper-resistant atmospheric opening.

3. Gravity drainage system. A gravity drainage system that utilizes a collector tank.

4. Automatic pump shut-off system. An automatic pump shut-off system.

5. Drain disablement. A device or system that disables the drain.

6. Other systems. Any other system determined by the board to be equally effective as, or better than, the systems described in items 1 through 5 of this paragraph at preventing or eliminating the risk of injury or death associated with pool drainage systems.

(b) Applicable standards. Any device or system described in paragraph (a) shall meet the requirements of any ASME/ANSI or ASTM performance standard if there is such a standard for such a device or system, or any applicable consumer product safety standard.

(3) Public pool and spa defined. In this subsection, the term "public pool" and "spa" means a swimming pool or spa that is:

(a) Open to the public generally, whether for a fee or free of charge;

(b) Open exclusively to:

(i) Members of an organization and their guests;

(ii) Residents of a multiunit apartment building, apartment complex, residential real estate development or other multifamily residential area (other than a municipality, township or other local government jurisdiction); or

(iii) Patrons of a hotel or other public accommodations facility; or

(c) Operated by the State of Mississippi or the federal government (or by a concessionaire on behalf of the federal government) for the benefit of members of the Armed Forces and their dependents or employees of any department or agency and their dependents.

(4) Enforcement. Violation of subsection (1) or (2) shall be considered to be a civil violation subject to a civil fine of One Hundred Dollars ($100.00) per each day of violation, to be imposed by a court of competent jurisdiction upon motion filed by the State Department of Health.

SECTION 3. The State Department of Health shall apply to the appropriate federal agency for grant funds to be allocated in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment. The State Department of Health shall use:

(a) At least fifty percent (50%) of amounts made available to hire and train enforcement personnel for implementation and enforcement of standards under the state swimming pool and spa safety law; and

(b) The remainder:

(i) To educate pool construction and installation companies and pool service companies about the standards;

(ii) To educate pool owners, pool operators and other members of the public about the standards under the swimming pool and spa safety law and about the prevention of drowning or entrapment of children using swimming pools and spas; and

(iii) To defray administrative costs associated with such training and education programs.

SECTION 4. (1) Effective July 1, 2011:

(a) The enclosure of all outdoor residential pools and spas by barriers to entry that will effectively prevent small children from gaining unsupervised and unfettered access to the pool or spa;

(b) All pools and spas shall be equipped with devices and systems designed to prevent entrapment by pool or spa drains;

(i) More than one (1) drain;

(ii) One or more unblockable drains; or

(iii) No main drain;

(d) Every swimming pool and spa that has a main drain, other than an unblockable drain, be equipped with a drain cover that meets the consumer product safety standard established by this act; and

(e) Periodic notification is provided to owners of residential swimming pools or spas about compliance with the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard, or any successor standard.

(2) No liability inference associated with state notification requirement. The minimum state law notification requirement under this act shall not be construed to imply any liability on the part of a state related to that requirement.

SECTION 5. (1) The State Board of Health shall establish and carry out an education program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the board shall develop:

(a) Educational materials designed for pool manufacturers, pool service companies and pool supply retail outlets;

(b) Educational materials designed for pool owners and operators; and

(2) Not later than one (1) year after the last day of each fiscal year for which grants are made, the board shall submit to the Legislature a report evaluating the implementation of this act.

SECTION 6. This act shall take effect and be in force from and after July 1, 2010.