BILL NUMBER: SB 793	CHAPTERED  10/11/07

	CHAPTER  479
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 5, 2007
	PASSED THE ASSEMBLY  AUGUST 30, 2007
	AMENDED IN ASSEMBLY  AUGUST 27, 2007
	AMENDED IN SENATE  MAY 15, 2007
	AMENDED IN SENATE  APRIL 19, 2007

INTRODUCED BY   Senator Harman

                        FEBRUARY 23, 2007

   An act to amend Sections 116028 and 116033 of the Health and
Safety Code, relating to public swimming pools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 793, Harman. Public swimming pools.
   Existing law requires lifeguard services to be provided for any
public swimming pool that is of wholly artificial construction where
a direct fee is charged for its use. For all other public swimming
pools, existing law requires lifeguard service or signs clearly
indicating that the service is not provided. Existing law requires
lifeguards who provide lifeguard service to possess, as minimal
qualifications, current Red Cross advanced lifesaving certificates or
Y.M.C.A. senior lifesaving certificates, or equivalent
qualifications and training in administering first aid. Existing law
establishes similar requirements for persons providing aquatic
instruction, as specified.
   This bill would, instead, require the above-described lifeguards
to possess, as minimum qualifications, as determined by the
department current certificates from an American Red Cross or YMCA of
the U.S.A. lifeguard training program, or to have equivalent
qualifications, and to have been trained to administer first aid. The
bill would make conforming changes to the provisions relating to
persons providing aquatic instruction.


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

  SECTION 1.  Section 116028 of the Health and Safety Code is amended
to read:
   116028.  "Lifeguard service," as used in this article, means the
attendance at a public swimming pool, during periods of use, of one
or more lifeguards who possess, as minimum qualifications, current
certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, or have equivalent qualifications, as
determined by the department, and who are trained to administer first
aid, including, but not limited to, cardiopulmonary resuscitation in
conformance with Section 123725 and the regulations adopted
thereunder, and who have no duties to perform other than to supervise
the safety of participants in water-contact activities. "Lifeguard
services" includes the supervision of the safety of participants in
water-contact activities by lifeguards who are providing swimming
lessons, coaching or overseeing water-contact sports, or providing
water safety instructions to participants when no other persons are
using the facilities unless those persons are supervised by separate
lifeguard services.
  SEC. 2.  Section 116033 of the Health and Safety Code is amended to
read:
   116033.  Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess current certificates from an American Red
Cross or YMCA of the U.S.A. lifeguard training program, or have
equivalent qualifications, as determined by the department. In
addition, these persons shall be certified in standard first aid and
cardiopulmonary resuscitation (CPR). All of these persons shall meet
these qualifications by January 1, 1991. Persons who only disseminate
written materials relating to water safety, are not persons
providing aquatic instruction within the meaning of this section.
   The requirements of this section shall be waived under either of
the following circumstances: (a) when one or more aquatic instructors
possessing the current certificates from an American Red Cross or
YMCA of the U.S.A. lifeguard training program, or the equivalent, are
in attendance continuously during periods of aquatic instruction, or
(b) when one or more lifeguards meeting the requirements of Section
116028 are in attendance continuously during periods of aquatic
instruction.