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267 Part 1207—Safety Standard for Swimming

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267 Part 1207—Safety Standard for Swimming 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 1207ÐSAFETY 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- turer or importer issuing the certifi- rials of manufacture. cate may also be in such a code. 1207.5 Design. 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 AUTHORITY: 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 packag- U.S.C. 2051, 2056, 2058, 2063, 2079). ing or marketing practices, an addi- SOURCE: 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- [44 FR 70386, Dec. 6, 1979, as amended at 49 facture and construction of slides for FR 28241, July 11, 1984] use in swimming pools. The require- 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 subject to the standard must issue the regarding the installation, mainte- certificate of compliance required by nance, and intended use of swimming section 14(a) of the Act and § 1205.35 of pool slides that supplement its manda- this regulation. If testing of each tory requirements. This standard is ap- mower, or a reasonable testing pro- plicable to all swimming pool slides gram, meeting the requirements of this manufactured after July 17, 1976. Para- subpart B of part 1205 has been per- graph (b) of this section sets forth the formed by or for the foreign manufac- findings which the Commission is re- turer of the product, the importer may quired to make by section 9(c) of the rely in good faith on such tests to sup- Consumer Product Safety Act (15 port the certificate of compliance pro- U.S.C. 2058(c)). vided the importer is a resident of the (b) Findings. 1 (1) The Commission United States or has a resident agent finds that unreasonable risks of death in the United States and the records of such tests required by § 1205.34 of this 1 The Commission's findings apply to the part are maintained in the United swimming pool slide standard that it pub- States. lished on January 19, 1976 (42 FR 2751). On (b) Responsibility of importer. If the March 3, 1978 the U.S. Court of Appeals for importer relies on tests by the foreign the Fifth Circuit set aside portions of that 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 03<MAR>99 11:45 Mar 03, 1999 Jkt 183049 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\183049T.XXX pfrm07 PsN: 183049T § 1207.2 16 CFR Ch. II (1±1±99 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 types or classes of products that are of the standard, but has found none subject to this standard are those that would have fewer adverse effects swimming pool slides manufactured, on competition or that would cause constructed, or imported for use in less disruption or dislocation of manu- connection with all swimming pools, facturing and other commercial prac- whether in-ground, on-ground, or tices, consistent with the public health above-ground, regardless of the mate- and safety. rials of manufacture or structural (6) The Commission also finds that characteristics of the slides. It is esti- this standard, including its effective 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 recreation at both public and private [41 FR 2751, Jan. 19, 1976; 41 FR 9307, Mar. 4, 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- cline slightly for a time following This part 1207 shall become effective issuance of this standard as a result of July 17, 1976. All swimming pool slides consumer awareness of hazards associ- manufactured after that date must ated with the product caused by the meet the requirements of this part mandatory signs placed on the slides 1207. 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 anticipated that the utility of the (a) As used in this part 1207: slides as a recreational device will be (1) Aboveground pool slide ladder increased to the extent that injury or means a slide ladder that is not an- death associated with the use of the chored in the ground or support deck product is eliminated or reduced. and that can be removed from the slide (4) The Commission also finds that or hinged and locked so that unauthor- manufacturing cost increases as a di- ized or unsupervised use of the slide is prevented. court's decision. However, the findings have (2) Abrasion hazard means a sharp or not been revised and they are therefore not rough surface of a swimming pool slide 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 as the standard specifies a low angle of at- components, and fasteners as defined in tack of the slider into the water) because the and assembled according to the manu- court set aside the provisions concerning in- facturer's assembly and installation in- stallation instructions and warning signs. structions. 268 VerDate 03<MAR>99 11:45 Mar 03, 1999 Jkt 183049 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\183049T.XXX pfrm07 PsN: 183049T Consumer Product Safety Commission § 1207.4 (4) Bracing means members providing (ii) Observations and measurements structural support to the assembled, of the slide's response to dynamic and installed slide. static loads. (5) Casual contact means contact of (20) [Reserved] any body part with the slide occurring (21) Pinching hazard means any con- by chance or nonchalant encounters. figuration of slide components that (6) Center of gravity means the point would pinch or entrap the fingers or that represents the mean position of toes of a child or an adult. the concentrated mass of a body. (22) Puncture hazard means any slide (7) Curved slide means a slide whose surface or protrusion that would punc- runway curves out of the vertical plane ture a child's skin under casual con- at any point along the slide path.
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