BILL NUMBER: AB 2114	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly  Member   Smyth
  Members   Smyth   and Hill 

                        FEBRUARY 23, 2012

   An act to amend Sections 115928, 115928.5, 116064, and 116064.2 of
the Health and Safety Code, relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2114, as amended, Smyth. Swimming pool safety.
   (1) The Swimming Pool Safety Act generally requires, whenever a
building permit is issued for the construction of a new swimming pool
or spa, the pool or spa to be equipped with specified safety
features, including that the swimming pool or spa have at least 2
circulation drains per pump that are hydraulically balanced, and
symmetrically plumbed through one or more "T" fittings, and that are
separated by a distance of at least 3 feet in any dimension between
the drains. Existing law also requires a public wading pool to have
at least 2 circulation drains per pump, as specified, that are
separated by a distance of at least 3 feet in any dimension between
the drains.
   This bill would instead require a swimming pool, spa, or public
wading pool that is subject to the above safety provisions to have at
least 2 circulation  suction  outlets per pump, and be
separated by a distance of at least 3 feet in any dimension between
the suction outlets.
   (2) Existing law requires a building permit issued for the remodel
or modification of an existing swimming pool, toddler pool, or spa
to require the suction outlet of the pool or spa to be upgraded with
an antientrapment cover meeting ASTM or ASME standards  . 
   This bill would require those building permits to require all
outlets for a swimming pool, toddler pool, or spa to be upgraded with
an antientrapment cover meeting those standards.
   (3) Existing law requires public swimming pools, as defined, to be
equipped with antientrapment devices or systems that meet ASME/ANSI
or ASTM performance standards, as defined. Existing law further
requires every public swimming pool with a single main drain that is
not an unblockable drain to be equipped with at least one or more
safety devices designed to prevent physical entrapment by pool
drains. Existing law also requires public wading pool main drain
suction outlets to be covered with grates, antivortex plates, or
similar protective devices, as specified.
   This bill would instead require every public swimming pool with a
single suction outlet, as defined, that is not an unblockable suction
outlet to be equipped with at least one or more safety devices. The
bill would also require all public wading pool suction outlets to be
covered with grates, antivortex plates, or similar protective
devices, as specified.
   (4) Existing law requires the State Department of Public Health to
issue a form for use by an owner of a public swimming pool to
indicate compliance with specified safety provisions. Under existing
law, the form is required to be completed by the owner of a public
swimming pool prior to filing the form with the appropriate city,
county, or city and county department of environmental health, and is
required to include specified information. This information includes
a statement of whether the pool operates with a single or split main
drain.
   This bill would require that form to instead include a statement
of whether the pool operates with a single suction outlet or multiple
suction outlets. The bill would make other related changes. By
imposing new duties on local government officials, the bill would
impose a state-mandated local program.
   Under existing law, violation of these swimming pool safety
requirements constitutes a misdemeanor. This bill, by expanding the
definition of an existing crime, would impose a state-mandated local
program.
   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.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 115928 of the Health and Safety Code is amended
to read:
   115928.  Whenever a building 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 outlets 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
 suction  outlets 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 suction outlets.
   (b) Suction outlets that are less than 12 inches across shall be
covered with antientrapment grates, as specified in the ASME/ANSI
Standard A 112.19.8, 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, March 2005, United
States Consumer Product Safety Commission.
  SEC. 2.  Section 115928.5 of the Health and Safety Code is amended
to read:
   115928.5.  Whenever a building permit is issued for the remodel or
modification of an existing swimming pool, toddler pool, or spa, the
permit shall require that the suction outlet or outlets of the
existing swimming pool, toddler pool, or spa be upgraded so as to be
equipped with an antientrapment cover meeting current standards of
the American Society for Testing and Materials (ASTM) or the American
Society of Mechanical Engineers (ASME).
  SEC. 3.  Section 116064 of the Health and Safety Code is amended to
read:
   116064.  (a)  As used in this section the following words have the
following meanings:
   (1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
   (i) It has a maximum water depth not exceeding 18 inches.
   (ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
   (B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
   (C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
   (2) "Alteration" means any of the following:
   (A) To change, modify, or rearrange the structural parts or the
design.
   (B) To enlarge.
   (C) To move the location of.
   (D) To install a new water circulation system.
   (E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
   (b) A public wading pool shall have at least two circulation 
suction  outlets per pump that are hydraulically balanced and
symmetrically plumbed through one or more "T" fittings, and are
separated by a distance of at least three feet in any dimension
between the suction outlets.
   (c) All public wading pool suction outlets that are under 12
inches across shall be covered with antivortex grates or similar
protective devices. All suction outlets shall be covered with grates
or antivortex plates 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.

   (d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
   (2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
   (3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
   (e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
   (f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the circulation system and any suction outlet in the
system is completely blocked.
   (g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
   (h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
   (i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
  SEC. 4.  Section 116064.2 of the Health and Safety Code is amended
to read:
   116064.2.  (a) As used in this section, the following words have
the following meanings:
   (1) "ASME/ANSI performance standard" means a standard that is
accredited by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
   (2) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
   (3) "Public swimming pool" means an outdoor or indoor structure,
whether in-ground or above-ground, intended for swimming or
recreational bathing, including a swimming pool, hot tub, spa, or
nonportable wading pool, that is any of the following:
   (A) Open to the public generally, whether for a fee or free of
charge.
   (B) Open exclusively to members of an organization and their
guests, residents of a multiunit apartment building, apartment
complex, residential real estate development, or other multifamily
residential area, or patrons of a hotel or other public
accommodations facility.
   (C) Located on the premises of an athletic club, or public or
private school.
   (4) "Qualified individual" means a contractor who holds a current
valid license issued by the State of California or a professional
engineer licensed in the State of California who has experience
working on public swimming pools.
   (5) "Safety vacuum release system" means a vacuum release system
that ceases operation of the pump, reverses the circulation flow, or
otherwise provides a vacuum release at a suction outlet when a
blockage is detected.
   (6) "Skimmer equalizer line" means a suction outlet located below
the waterline, typically on the side of the pool, and connected to
the body of a skimmer that prevents air from being drawn into the
pump if the water level drops below the skimmer weir. However, a
skimmer equalizer line is not a suction outlet for purposes of this
article.
   (7) "Suction outlet" means a  submerged suction outlet
  fitting or fixture  typically located at the
bottom or on the sides of a swimming pool that conducts water to a
recirculating pump.
   (8) "Unblockable suction outlet" means a suction outlet of any
size and shape that a human body cannot sufficiently block to create
a suction entrapment hazard.
   (b) Subject to subdivision (c), an ASME/ANSI or ASTM performance
standard relating to antientrapment devices or systems or an
amendment or successor to, or later published edition of an ASME/ANSI
or ASTM performance standard relating to antientrapment devices or
systems shall become the applicable standard in California 90 days
after publication by ASME/ANSI or ASTM, respectively, provided that
the performance standard or amendment or successor to, or later
published edition is approved by the department within 90 days of the
publication of the performance standard by ASME/ANSI or ASTM,
respectively. Notwithstanding any other law, the department may
implement, interpret, or make specific the provisions of this section
by means of a policy letter or similar instruction and this action
by the department shall not be subject to the rulemaking requirements
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
   (c) Subject to subdivision (f), every public swimming pool shall
be equipped with antientrapment devices or systems that comply with
ASME/ANSI performance standard A112.19.8, as in effect December 31,
2009, or any applicable ASME/ANSI performance standard that has been
adopted by the department pursuant to subdivision (b).
   (d) Subject to subdivisions (e) and (f), every public swimming
pool with a single suction outlet that is not an unblockable suction
outlet shall be equipped with at least one or more of the following
devices or systems that are designed to prevent physical entrapment
by pool drains:
   (1) A safety vacuum release system that has been tested by a
department-approved independent third party and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on December
31, 2009, or any applicable ASME/ANSI performance standard that has
been adopted by the department pursuant to subdivision (b), or ASTM
performance standard F2387, as in effect on December 31, 2009, or any
applicable ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
   (2) A suction-limiting vent system with a tamper-resistant
atmospheric opening, provided that it conforms to any applicable
ASME/ANSI or ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
   (3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard that has been adopted by the department pursuant
to subdivision (b).
   (4) An automatic pump shut-off system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard that has been
adopted by the department pursuant to subdivision (b).
   (5) Any other system that is deemed, in accordance with federal
law, to be equally effective as, or more effective than, the systems
described in paragraphs (1) to (4), inclusive, at preventing or
eliminating the risk of injury or death associated with the
circulation system of the pool and suction outlets.
   (e) Every public swimming pool constructed on or after January 1,
2010, shall have at least two  main drains  
suction outlets  per pump that are 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 suction outlets. A public swimming pool constructed on or
after January 1, 2010, that meets the requirements of this
subdivision, shall be exempt from the requirements of subdivision
(d).
   (f) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than July 1, 2010, except that no further retrofitting is
required for a public swimming pool that completed a retrofit between
December 19, 2007, and January 1, 2010, that complied with the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et
seq.) as in effect on the date of issue of the construction permit,
or for a nonportable wading pool that completed a retrofit prior to
January 1, 2010, that complied with state law on the date of issue of
the construction permit. A public swimming pool owner who meets the
exception described in this subdivision shall do one of the following
prior to September 30, 2010:
   (1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (i).
   (2) (A) File a signed statement attesting that the required work
has been completed.
   (B) Provide a document containing the name and license number of
the qualified individual who completed the required work.
   (C) Provide either a copy of the final building permit, if
required by the local agency, or a copy of one of the following
documents if no permit was required:
   (i) A document that describes the modification in a manner that
provides sufficient information to document the work that was done to
comply with federal law.
   (ii) A copy of the final paid invoice. The amount paid for the
services may be omitted or redacted from the final invoice prior to
submission.
   (g) Prior to March 31, 2010, the department shall issue a form for
use by an owner of a public swimming pool to indicate compliance
with this section. The department shall consult with county health
officers and directors of departments of environmental health in
developing the form and shall post the form on the department's
Internet Web site. The form shall be completed by the owner of a
public swimming pool prior to filing the form with the appropriate
city, county, or city and county department of environmental health.
The form shall include, but not be limited to, the following
information:
   (1) A statement of whether the pool operates with a single suction
outlet or multiple suction outlets  which  
that  comply with subdivision (e).
   (2) Identification of the type of antientrapment devices or
systems that have been installed pursuant to subdivision (c) and the
date or dates of installation.
   (3) Identification of the type of devices or systems designed to
prevent physical entrapment that have been installed pursuant to
subdivision (d) in a public swimming pool with a single suction
outlet that is not an unblockable suction outlet and the date or
dates of installation or the reason why the requirement is not
applicable.
   (4) A signature and license number of a qualified individual who
certifies that the factual information provided on the form in
response to paragraphs (1) to (3), inclusive, is true to the best of
his or her knowledge.
   (h) A qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (g) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
   (i) Except as provided in subdivision (f), each public swimming
pool owner shall file a completed copy of the form issued by the
department pursuant to this section with the city, county, or city
and county department of environmental health in the city, county, or
city and county in which the swimming pool is located. The form
shall be filed within 30 days following the completion of the
swimming pool construction or installation required pursuant to this
section or, if the construction or installation is completed prior to
the date that the department issues the form pursuant to this
section, within 30 days of the date that the department issues the
form. The public swimming pool owner or operator shall not make a
false statement, representation, certification, record, report, or
otherwise falsify information that he or she is required to file or
maintain pursuant to this section.
   (j) In enforcing this section, health officers and directors of
city, county, or city and county departments of environmental health
shall consider documentation filed on or with the form issued
pursuant to this section by the owner of a public swimming pool as
evidence of compliance with this section. A city, county, or city and
county department of environmental health may verify the accuracy of
the information filed on or with the form.
   (k) To the extent that the requirements for public wading pools
imposed by Section 116064 conflict with this section, the
requirements of this section shall prevail.
   (l) (1) Until January 1, 2014, the department may assess an annual
fee on the owners of each public swimming pool, to be collected by
the applicable local health department, in an amount not to exceed
the amount necessary to defray the department's costs of carrying out
its duties under Section 116064.1 and this section but in no case
shall this fee exceed six dollars ($6).
   (2) The local health department may retain a portion of the fee
collected pursuant to paragraph (1) in an amount necessary to cover
the administrative costs of collecting the fee, but in no case to
exceed one dollar ($1).
   (3) The local health department shall bill the owner of each
public swimming pool in its jurisdiction for the amount of the state
fee. The local health department shall transmit the collected state
fee to the Controller for deposit into the Recreational Health Fund,
which is hereby created in the State Treasury. The local health
department shall not be required to take action to collect an unpaid
state fee, but shall submit to the department, every six months, a
list containing the name and address of the owner of each public
swimming pool who has failed to pay the state fee for more than 90
days after the date that the bill was provided to the owner of the
public swimming pool.
   (4) Owners that are exempt from local swimming pool permit fees
shall also be exempt from the fees imposed pursuant to this
subdivision.
   (5) Except as provided in paragraph (2), all moneys collected by
the department pursuant to this section shall be deposited into the
Recreational Health Fund. Notwithstanding Section 16305.7 of the
Government Code, interest and dividends on moneys in the Recreational
Health Fund shall also be deposited in the fund. Moneys in the fund
shall, upon appropriation by the Legislature, be available to the
department for carrying out its duties under Section 116064.1 and
this section and shall not be redirected for any other purpose.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.