BEE 12 Require a Certification of Conformity for Pool and Spa Safety Products
Require a Certificate of Conformity by manufacturers to document that their pool and spa barrier and safety product meets the applicable standards and requirements defined in federal or state law.
Spectrum level: Changing Organizational Practices Influencing Policy and Legislation
Evidence level: Low
Implementation levels: National
Rationale:
Certificates of Conformity ensure that products are being manufactured in compliance with the laws and codes that regulate them.
Anticipated Impact:
Requiring a Certificate of Conformity by manufacturers allows confirmation that pool and spa safety products are being manufactured in compliance with the laws and codes that regulate them.
Evidence:
Regulations governing many types of products already require that manufacturers test their products to applicable laws, codes, and, or, voluntary standards, and then provide a Certificate of Conformity to confirm the results.
Suction drain cover manufacturers currently provide these certificates for all of their covers under ANSI/APSP/ICC 16-2017 American Standard for Suction Outlet Fitting Assemblies for use in pools, spas and hot tubs. Under the Virginia Graham Baker Act (VGBA), suction drain covers have to meet a voluntary standard, and the manufacturers have to issue a Certificate of Conformity/Compliance, which is to appear on their websites and be available to consumers.
Additionally, the Code of Federal Regulations (CFR) requires that manufacturers of full size (16 CFR Part 1219) and non-full size (16 CFR Part 1220) baby cribs test their products and provide a Certificate of Conformity (Children’s Product Certificate) to show the products comply with the standards after laboratory testing. Mattresses (16 CFR Parts 1632 and 1633), bunk beds (16 CFR Part 1513), some toys (16 CFR Part 1250), and art materials (16 CFR Part 1500.14) all are associated with compliance certificates. These products also fall under several voluntary standards which testing addresses. Since 2012, play yards as well as cribs and many other regulated products require a Children’s Product Certificate to show compliance with the law (incorporating the provisions of ASTM F 406-12a).
Evidence Sources:
U.S. Consumer Product Safety Commission. (2012) Safety Barrier Guidelines for Residential Pools. Publication 362. https://www.cpsc.gov/s3fs-public/362%20Safety%20Barrier%20Guidelines%20for%20Pools.pdf. Accessed Jan. 2025.
U.S. Consumer Product Safety Commission. General Certificate of conformity. https://www.cpsc.gov/Business--Manufacturing/Testing-Certification/General-Certificate-of-Conformity. Accessed Jan. 2025.
High Risk Populations Addressed:
All populations can benefit from implementation of this recommendation, specifically children ages 1-4 years old.
Evaluation Metrics:
Indicators of long-term impact:
- Increase in water safety devices being tested and earning a Certificate of Conformity.
- New products replacing older products so that all devices eventually meet current laws and codes.
Implementation:
Consider the following to ensure successful implementation:
- Involve new legislation or codes to request manufacturers to provide Certificates of Conformity .
- Set parameters for testing different types of products required by barrier codes and laws in testing laboratories.
- Ensure manufactures fund the cost of testing and set up databases to record the certificates.
- Inform people about the importance of certificates for safety devices to increase the trust of builders, code officials, inspectors and pool owners regarding confidence in these products.
- Expand standards for certain types of products as a prerequisite prior to any type of certification.
Challenges to Implementation:
When implementing this recommendation, you might encounter challenges related to the following factors.
- New laws or codes would have to be adopted.
- Laboratory quality would have to be assessed.
- Testing costs would be accrued.
- Product cost may increase.
- Certain products (e.g. wood slat, block wall fences) would be built to meet requirement of laws or codes, but wouldn’t be tested so would not qualify for a certificate.
Potential Facilitators:
The following factors might facilitate the implementation of this recommendation.
- Manufacturers, laboratories, government, and code officials will all play a role in supporting Certificates of Conformity.
GAP Recommendation:
More research is needed to determine which safety devices already carry Certificates of Conformity for the requirements they must meet, and which devices do not and may not be able to certified.