*Red font in the legislation and regulation indicates changes from previous reporting

Issue:  HB 2172 – Pool/Spa Alarms

 

Affects:  Portable spa & pool segments of the industry

 

Bottom Line:  It appears this bill would not be consistent with the ISPSC or APSP barrier standards in that it is requiring an alarm for the pool or spa (including portable spa) itself that is in addition to or separate from any other barrier requirements such as fences, covers, alarms on windows and doors, etc. Therefore, for example, a portable spa would have to have the lockable cover but also one of these alarms.

 

Send comments to:  Jennifer Hatfield, jhatfield@apsp.org

 

Bill Summary:  Prohibits any building permit from being issued for the construction or substantial alteration of a swimming pool at a residence occupied by, or being built for, one or more families unless a pool alarm is installed with the private swimming pool. Prohibits any swimming pool from being used for swimming or recreational bathing unless a pool alarm is installed with the swimming pool by the owner of the residence. Requires every swimming pool to be inspected annually by the inspector of buildings of each city and town in which said pool is located for the presence of an operating pool alarm.

 

Defines "pool alarm" as a device which meets and is independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. Provides that "pool alarms" shall not include swimming protection alarm devices 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.

 

Status: Referred to Joint Committee on Public Safety and Homeland Security March 11. Hearing held October 14 – testimony by APSP member noting this language would not be consistent with the ISPSC and APSP barrier standards. Sent to study on April 20, it is unlikely to receive further action.

 

View proposed legislation:  https://malegislature.gov/Document/Bill/189/House/H2172.pdf