PART 1207SAFETY STANDARD the code that will be made available to - PDF document

Consumer Product Safety Commission § 1207.1 this section, all of the information re- to determine that the records of such quired by § 1205.35 may be in code, pro- tests appear to comply with § 1205.34 of vided the person or firm issuing the this part. certificate maintains a written record of the meaning of each symbol used in PART 1207—SAFETY STANDARD the code that will be made available to FOR SWIMMING POOL SLIDES the distributor, retailer, consumer, and the Commission upon request. If a Sec. mower is manufactured for sale by a 1207.1 Scope, purpose, and findings. private labeler, and if the name of the 1207.2 Effective date. private labeler is also on the certifi- 1207.3 Definitions. cation label, the name of the manufac- 1207.4 Recommended standards for mate- rials of manufacture. turer or importer issuing the certifi- 1207.5 Design. cate may also be in such a code. 1207.6–1207.8 [Reserved] (d) Placement of label. The label re- 1207.9 Product certification. quired by this section must be visible 1207.10 Handling, storage, and marking. and legible to the ultimate purchaser 1207.11 References. of the lawn mower. For mowers manu- 1207.12 Stockpiling. factured before January 1, 1984, where A UTHORITY : Secs. 2, 7, 9, 14, 30, Pub. L. 92– the label is not visible to the consumer 573; 86 Stat. 1207, 1212, 1215, 1220, 1236; (15 at the time of sale because of pack- U.S.C. 2051, 2056, 2058, 2063, 2079). aging or marketing practices, an addi- S OURCE : 41 FR 2751, Jan. 19, 1976, unless tional label or notice, which may be otherwise noted. temporary, stating ‘‘Meets CPSC blade safety requirements’’ shall also appear § 1207.1 Scope, purpose, and findings. on the container, or, if the container is (a) Scope and purpose. This part 1207 not so visible, the promotional mate- sets forth the consumer product safety rial, used in connection with the sale of standard issued by the Consumer Prod- the mowers. uct Safety Commission for the manu- facture and construction of slides for [44 FR 70386, Dec. 6, 1979, as amended at 49 use in swimming pools. The require- FR 28241, July 11, 1984] ments of this standard are designed to § 1205.36 Product certification and la- reduce or eliminate the unreasonable beling by importers. risks of death or injury associated with (a) General. The importer of any ro- swimming pool slides. This standard tary walk-behind power lawn mower also makes certain recommendations regarding the installation, mainte- subject to the standard must issue the nance, and intended use of swimming certificate of compliance required by pool slides that supplement its manda- section 14(a) of the Act and § 1205.35 of tory requirements. This standard is ap- this regulation. If testing of each plicable to all swimming pool slides mower, or a reasonable testing pro- manufactured after July 17, 1976. Para- gram, meeting the requirements of this graph (b) of this section sets forth the subpart B of part 1205 has been per- findings which the Commission is re- formed by or for the foreign manufac- quired to make by section 9(c) of the turer of the product, the importer may Consumer Product Safety Act (15 rely in good faith on such tests to sup- U.S.C. 2058(c)). port the certificate of compliance pro- (b) Findings. 1 (1) The Commission vided the importer is a resident of the finds that unreasonable risks of death United States or has a resident agent in the United States and the records of 1 The Commission’s findings apply to the such tests required by § 1205.34 of this swimming pool slide standard that it pub- part are maintained in the United lished on January 19, 1976 (42 FR 2751). On States. March 3, 1978 the U.S. Court of Appeals for (b) Responsibility of importer. If the the Fifth Circuit set aside portions of that importer relies on tests by the foreign standard ( Aqua Slide ‘N’ Drive Corporation v. manufacturer to support the certificate CPSC, 569 F.2d 831 (5th Cir. 1978)). On Decem- of compliance, the importer bears the ber 18, 1978, the Commission published revi- responsibility for examining the sions to the standard which reflect the records supplied by the manufacturer Continued 267 VerDate Dec<13>2002 20:00 Jan 20, 2003 Jkt 200050 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\200050T.XXX 200050T

§ 1207.2 16 CFR Ch. II (1–1–03 Edition) or injury from accidents are associated rect result of this standard and pro- with swimming pool slides. These risks motional cost increases as an indirect are (i) quadriplegia and paraplegia re- result of this standard are expected to sulting from users (primarily adults be modest for the industry as a whole. using the swimming pool slide for the Any resulting increase in the cost of first time) sliding down the slide in a slides to consumers attributable di- head first position and striking the rectly or indirectly to the require- bottom of the pool, (ii) leg fractures re- ments of this standard will be small. sulting from feet first entry, (iii) im- No adverse effect on the availability of pact of sliders with other people in the the product to consumers is expected. pool, and (iv) falls from the slide lad- (5) The Commission has considered der. other means of achieving the objective (2) The Commission finds that the of the standard, but has found none types or classes of products that are that would have fewer adverse effects subject to this standard are those on competition or that would cause swimming pool slides manufactured, less disruption or dislocation of manu- constructed, or imported for use in facturing and other commercial prac- connection with all swimming pools, tices, consistent with the public health whether in-ground, on-ground, or and safety. above-ground, regardless of the mate- (6) The Commission also finds that rials of manufacture or structural this standard, including its effective characteristics of the slides. It is esti- mated that 350,000 of these slides are date, is reasonably necessary to elimi- currently in service and that each year nate or reduce the unreasonable risks the number of slides in use may in- of injury associated with swimming crease by 5 to 10 percent. pool slides and that promulgation of (3) The Commission finds that the the standard is in the public interest. public uses swimming pool slides in [41 FR 2751, Jan. 19, 1976; 41 FR 9307, Mar. 4, recreation at both public and private 1976, as amended at 41 FR 23187, June 9, 1976; swimming pools, and it is estimated 43 FR 58813, Dec. 18, 1978] that 75% of these slides are located at residential pools. It is anticipated that § 1207.2 Effective date. public demand for the products will de- This part 1207 shall become effective cline slightly for a time following July 17, 1976. All swimming pool slides issuance of this standard as a result of manufactured after that date must consumer awareness of hazards associ- meet the requirements of this part ated with the product caused by the 1207. mandatory signs placed on the slides and as a result of recommendations re- [41 FR 23187, June 9, 1976] garding the installation and intended use of the products. The decline in de- § 1207.3 Definitions. mand is expected to be short-term. It is (a) As used in this part 1207: anticipated that the utility of the (1) ladder Aboveground pool slide slides as a recreational device will be means a slide ladder that is not an- increased to the extent that injury or chored in the ground or support deck death associated with the use of the and that can be removed from the slide product is eliminated or reduced. or hinged and locked so that unauthor- (4) The Commission also finds that ized or unsupervised use of the slide is manufacturing cost increases as a di- prevented. (2) Abrasion hazard means a sharp or court’s decision. However, the findings have rough surface of a swimming pool slide not been revised and they are therefore not fully applicable to the revised swimming that would scrape the skin upon casual pool slide requirements. For example, the re- contact. vised standard does not address the risk of (3) Assembled product means all parts, quadriplegia and paraplegia (except insofar components, and fasteners as defined in as the standard specifies a low angle of at- and assembled according to the manu- tack of the slider into the water) because the facturer’s assembly and installation in- court set aside the provisions concerning in- structions. stallation instructions and warning signs. 268 VerDate Dec<13>2002 20:00 Jan 20, 2003 Jkt 200050 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\200050T.XXX 200050T