BILL NUMBER: AB 2114	CHAPTERED
	BILL TEXT

	CHAPTER  679
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 31, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN SENATE  JULY 2, 2012
	AMENDED IN SENATE  JUNE 15, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members Smyth and Hill

                        FEBRUARY 23, 2012

   An act to amend Sections 115921, 115928, 115928.5, 116064, and
116064.2 of the Health and Safety Code, relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2114, 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, as defined, per pump, and be
separated by a distance of at least 3 feet in any dimension between
the suction outlets, or be designed to use alternatives to suction
outlets, including, but not limited to, skimmers or perimeter
overflow systems to conduct water to the recirculation pump. The bill
would also require the circulation system to have the capacity to
provide a complete turnover of pool water, as specified.
   (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 instead require those building permits to require
all outlets for a swimming pool, toddler pool, or spa to be upgraded
with an antientrapment cover meeting ANSI/APSP performance standards,
as defined.
   (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 that
meet ANSI/APSP performance standards. The bill would also require all
public wading pool suction outlets to be covered with grates,
antivortex plates, or similar protective devices, as specified. The
bill would additionally require a public swimming pool that has a
suction outlet in any location other than on the bottom of the pool
to be designed so that the recirculation system has a capacity to
provide a complete turnover of pool water within prescribed times
based on the pool type, 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.
   (5) This bill would incorporate additional changes to Section
116064 of the Health and Safety Code proposed by SB 1099, that would
become operative only if SB 1099 and this bill are both enacted, both
bills become effective on or before January 1, 2012 and this bill is
enacted last.
    (6) 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 no reimbursement is required by this
act for specified reasons.


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

  SECTION 1.  Section 115921 of the Health and Safety Code is amended
to read:
   115921.  As used in this article the following terms have the
following meanings:
   (a) "Swimming pool" or "pool" means any structure intended for
swimming or recreational bathing that contains water over 18 inches
deep. "Swimming pool" includes in-ground and aboveground structures
and includes, but is not limited to, hot tubs, spas, portable spas,
and nonportable wading pools.
   (b) "Public swimming pool" means a swimming pool operated for the
use of the general public with or without charge, or for the use of
the members and guests of a private club. Public swimming pool does
not include a swimming pool located on the grounds of a private
single-family home.
   (c) "Enclosure" means a fence, wall, or other barrier that
isolates a swimming pool from access to the home.
   (d) "Approved safety pool cover" means a manually or
power-operated safety pool cover that meets all of the performance
standards of the American Society for Testing and Materials (ASTM),
in compliance with standard F1346-91.
   (e) "Exit alarms" means devices that make audible, continuous
alarm sounds when any door or window, that permits access from the
residence to the pool area that is without any intervening enclosure,
is opened or is left ajar. Exit alarms may be battery operated or
may be connected to the electrical wiring of the building.
   (f) "ANSI/APSP performance standard" means a standard that is
accredited by the American National Standards Institute (ANSI) and
published by the Association of Pool and Spa Professionals (APSP).
   (g) "Suction outlet" means a fitting or fixture typically located
at the bottom or on the sides of a swimming pool that conducts water
to a recirculating pump.
  SEC. 2.  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 paragraphs (2) and (3).
   (2) The swimming pool or spa shall either 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, or be designed to use
alternatives to suction outlets, including, but not limited to,
skimmers or perimeter overflow systems to conduct water to the
recirculation pump.
   (3) The circulation system shall have the capacity to provide a
complete turnover of pool water, as specified in Section 3124B of
Chapter 31B of the California Building Standards Code (Title 24 of
the California Code of Regulations).
   (b) Suction outlets shall be covered with antientrapment grates,
as specified in the ANSI/APSP-16 performance standard or successor
standard designated by the federal Consumer Product Safety
Commission, 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. 3.  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 suction outlets of
the existing swimming pool, toddler pool, or spa be upgraded so as to
be equipped with antientrapment grates, as specified in the
ANSI/APSP-16 performance standard or a successor standard designated
by the federal Consumer Product Safety Commission.
  SEC. 4.  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.
   (3) "ANSI/APSP performance standard" means a standard that is
accredited by the American National Standards Institute (ANSI) and
published by the Association of Pool and Spa Professionals (APSP).
   (4) "Suction outlet" means a fitting or fixture typically located
at the bottom or on the sides of a swimming pool that conducts water
to a recirculating pump.
   (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 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. 4.5.  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.
   (3) "ANSI/APSP performance standard" means a standard that is
accredited by the American National Standards Institute (ANSI) and
published by the Association of Pool and Spa Professionals (APSP).
   (4) "Suction outlet" means a fitting or fixture typically located
at the bottom or on the sides of a swimming pool that conducts water
to a recirculating pump.
   (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 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 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. 5.  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) "ANSI/APSP performance standard" means a standard that is
accredited by the American National Standards Institute (ANSI) and
published by the Association of Pool and Spa Professionals (APSP).
   (2) "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.
   (3) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
   (4) "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.
   (5) "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.
   (6) "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.
   (7) "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
subdivisions (c) and (d).
   (8) "Suction outlet" means a fitting or fixture of a swimming pool
that conducts water to a recirculating pump.
   (9) "Unblockable suction outlet" means a suction outlet, including
the sump, that has a perforated (open) area that cannot be shadowed
by the area of the 18 inch by 23 inch Body Blocking Element of the
ANSI/APSP-16 performance standard, and that the rated flow through
any portion of the remaining open area cannot create a suction force
in excess of the removal force values in Table 1 of that standard.
   (b) (1) Subject to subdivision (e), every public swimming pool
shall be equipped with antientrapment devices or systems that comply
with the ANSI/APSP-16 performance standard or successor standard
designated by the federal Consumer Product Safety Commission.
   (2) A public swimming pool that has a suction outlet in any
location other than on the bottom of the pool shall be designed so
that the recirculation system shall have the capacity to provide a
complete turnover of pool water within the following time:
   (A) One-half hour or less for a spa pool.
   (B) One-half hour or less for a spray ground.
   (C) One hour or less for a wading pool.
   (D) Two hours or less for a medical pool.
   (E) Six hours or less for all other types of public pools.
   (c) Subject to subdivisions (d) and (e), 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
nationally recognized testing laboratory and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on December
31, 2009, or ASTM performance standard F2387, as in effect on
December 31, 2009.
   (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.
   (3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard.
   (4) An automatic pump shutoff system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard.
   (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 paragraph (1) at preventing or eliminating the risk of
injury or death associated with the circulation system of the pool
and suction outlets.
   (d) Every public swimming pool constructed on or after January 1,
2010, shall have at least two 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 (c).
   (e) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (b) and (c) 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
(f), as otherwise provided in subdivision (h).
   (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.
   (f) 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 that comply with subdivision (d).

   (2) Identification of the type of antientrapment devices or
systems that have been installed pursuant to subdivision (b) 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 (c) 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.
   (g) A qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (f) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
   (h) Except as provided in subdivision (e), 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.
   (i) 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.
   (j) 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.
   (k)  The department shall have no authority to take any
enforcement action against any person for violation of this section
and has no responsibility to administer or enforce the provisions of
this section.
  SEC. 6.  Section 4.5 of this bill incorporates amendments to
Section 116064 of the Health and Safety Code proposed by both this
bill and Senate Bill 1099. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2013,
(2) each bill amends Section 116064 of the Health and Safety Code,
and (3) this bill is enacted after Senate Bill 1099, in which case
Section 4 of this bill shall not become operative.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because 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.