BILL NUMBER: SB 1726	CHAPTERED  09/18/02

	CHAPTER  679
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2002
	PASSED THE ASSEMBLY  AUGUST 19, 2002
	PASSED THE SENATE  MAY 23, 2002
	AMENDED IN SENATE  APRIL 18, 2002
	AMENDED IN SENATE  APRIL 2, 2002

INTRODUCED BY   Senator Vasconcellos
   (Principal coauthor:  Assembly Member Cardoza)

                        FEBRUARY 21, 2002

   An act to add Section 115928 to the Health and Safety Code,
relating to water safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1726, Vasconcellos.  Pool and spa safety.
   (1) Existing law establishes the Swimming Pool Safety Act, which
makes provision for various safety requirements for swimming pools
and spas.
   This bill would require, whenever a construction permit is issued
for the construction of a new swimming pool or spa, that the suction
outlet of the pool or spa meet specified standards to provide
circulation throughout the pool or spa, and protection against
physical entrapment of bathers.  The bill would also prescribe
standards for any owner of a new swimming pool or spa who chooses to
install a backup system in addition to the above requirements.  By
increasing the inspection duties of local officers, this bill would
impose a state-mandated local program.
   The bill would also require the Director of Health Services to
review standards relating to entrapment hazards in swimming pools and
spas within 90 days of their adoption by the United States Consumer
Product Safety Commission and to make recommendations to the Governor
and the Legislature regarding their adoption by the state.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 115928 is added to the Health and Safety Code,
to read:
   115928.  Whenever a construction permit is issued for the
construction of a new swimming pool or spa, the pool or spa shall
meet all of the following requirements:
   (a) (1) The suction outlet of the pool or spa for which the permit
is issued shall be equipped to provide circulation throughout the
pool or spa as prescribed in paragraph (2).
   (2) The swimming pool or spa shall have at least two circulation
drains per pump that shall be hydraulically balanced and
symmetrically plumbed through one or more "T" fittings, and that are
separated by a distance of at least three feet in any dimension
between the drains.
   (b) Suction outlets that are less than 12 inches across shall be
covered with antientrapment grates that cannot be removed except with
the use of tools.  Slots or openings in the grates or similar
protective devices shall be of a shape, area, and arrangement that
would prevent physical entrapment and would not pose any suction
hazard to bathers.
   (c) Any backup safety system that an owner of a new swimming pool
or spa may choose to install in addition to the requirements set
forth in subdivisions (a) and (b) shall meet the standards as
published in the document, "Guidelines for Entrapment Hazards:
Making Pools and Spas Safer," Publication Number 363, January 1998,
United States Consumer Products Safety Commission.
  SEC. 2.  If the United States Consumer Product Safety Commission
adopts new standards relating to entrapment hazards in swimming pools
and spas, the Director of Health Services shall review the standards
within 90 days of their adoption, and shall make his or her
recommendations to the Governor and the Legislature regarding whether
the State of California should adopt the new federal standards.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.