Amended in Senate May 9, 2016

Amended in Assembly June 1, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 470


Introduced by Assembly Member Chu

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(Coauthor: Assembly Member Waldron)

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February 23, 2015


begin deleteAn act to add Section 15661 to the Welfare and Institutions Code, relating to social services. end deletebegin insertAn act to amend Section 115922 of the Health and Safety Code, relating to public health.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 470, as amended, Chu. begin deleteIn-home supportive services: fingerprinting. end deletebegin insertPublic health: drownings.end insert

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The Swimming Pool Safety Act requires when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work.

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This bill would instead require, when a building permit is issued or the home is sold, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

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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.

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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.

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Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires the Department of Justice to conduct background checks, as requested, by employers of in-home supportive services and other providers.

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This bill would require the Department of Justice, by October 1, 2016, and in collaboration with the department, to develop protocols to expedite the processing of provider criminal record checks for the In-Home Supportive Services program, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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This act shall be known, and may be cited, as the
2Pool Safety Act.

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3begin insert

begin insertSEC. 2.end insert  

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begin insertThe Legislature finds and declares all of the following:end insert

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4
(a) According to both the federal Centers for Disease Control
5and Prevention’s National Center for Injury Prevention and
6Control and the State Department of Public Health’s EPICenter
7data, residential pool drowning is the leading cause of death for
8California children between 1 to 4 years of age, inclusive.

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9
(b) Additional children suffer near-drowning incidents and
10survive, but many of those children suffer irreversible brain
11injuries, which can lead to lifelong learning deficiencies that
12impact not only the affected child and his or her family, but also
13the resources and moneys available to California’s healthcare
14system, regional centers, and special education school programs.

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15
(c) Barriers, such as those required pursuant to Section 115922
16of the Health and Safety Code, prevent young children from gaining
P3    1unsupervised access to pools and are proven to save lives, and
2those barriers that utilize isolation fencing are among the most
3effective.

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4
(d) All water sports activities come with risk. Knowing the risks
5and having drowning prevention strategies in place before and
6during water sports activities reduce drowning incidents, and the
7installation of a residential pool barrier is a critical, necessary,
8and leading strategy to further California’s goal of dramatically
9reducing unintentional injury and ensuring that drowning is no
10longer the leading cause of death and hospitalizations for children.

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11begin insert

begin insertSEC. 3.end insert  

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begin insertSection 115922 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert

13

115922.  

(a) begin deleteCommencing January 1, 2007, except end deletebegin insertExcept end insertas
14provided in Section 115925,begin delete wheneverend deletebegin insert whenend insert a building permit is
15issued forbegin insert theend insert construction of a new swimming pool orbegin delete spa,end deletebegin insert spaend insert or
16begin delete any building permit is issued forend deletebegin insert theend insert remodeling of an existing
17begin insert swimmingend insert pool or spa, at abegin delete private,end deletebegin insert privateend insert single-family home,
18begin insert or when a private single-family home with an existing swimming
19pool or spa is sold,end insert
begin delete it shall be equipped with at leastend deletebegin delete oneend deletebegin insert the
20swimming pool or spa shall be equipped with at least twoend insert
of the
21following seven drowning prevention safety features:

22(1) begin deleteThe pool shall be isolated from access to a home by an end deletebegin insertAnend insert
23 enclosure that meets the requirements of Sectionbegin delete 115923.end deletebegin insert 115923
24and isolates the swimming pool or spa from the private
25single-family home.end insert

26(2) begin deleteThe pool shall incorporate removable end deletebegin insertRemovableend insert meshbegin delete poolend delete
27 fencing that meets American Society for Testing and Materials
28(ASTM) Specifications F 2286 standards in conjunction with a
29gate that is self-closing and self-latching and can accommodate a
30key lockable device.

31(3) begin deleteThe pool shall be equipped with an end deletebegin insertAnend insert approved safety pool
32
begin delete cover that meets all requirements of the ASTM Specifications F
331346 .end delete
begin insert cover, as defined in subdivision (d) of Section 115921.end insert

34(4) begin deleteThe residence shall be equipped with exit end deletebegin insertExitend insert alarms on
35begin delete thoseend deletebegin insert the private single-family home’send insert doorsbegin delete providingend deletebegin insert that provideend insert
36 direct access to thebegin delete pool.end deletebegin insert swimming pool or spa. The exit alarm
37may cause either an alarm noise or a verbal warning, such as a
38repeating notification that “the door to the pool is open.”end insert

39(5) begin deleteAll doors providing direct access from the home to the
40swimming pool shall be equipped with a end delete
begin insertAend insert self-closing,
P4    1self-latching device with a release mechanism placed no lower
2than 54 inches above thebegin delete floor.end deletebegin insert floor on the private single-family
3home’s doors providing direct access to the swimming pool or
4spa.end insert

5(6) begin deleteSwimming pool alarms end deletebegin insertAn alarmend insert that, when placed inbegin delete pools,end delete
6begin insert a swimming pool or spa,end insert will sound upon detection of accidental
7or unauthorized entrance into the water.begin delete These pool alarmsend deletebegin insert The
8alarmend insert
shall meet and be independently certified to the ASTM
9Standard F 2208 “Standards Specification for Poolbegin delete Alarms”end delete
10begin insert Alarms,”end insert which includes surface motion, pressure, sonar, laser,
11and infrared type alarms.begin delete For purposes of this article, “swimming
12pool alarms”end delete
begin delete shallend deletebegin delete not includeend deletebegin insert Aend insert swimming protection alarm
13begin delete devicesend deletebegin insert featureend insert designed for individual use,begin delete such asend deletebegin insert includingend insert an
14alarm attached to a child that sounds when the child exceeds a
15certain distance or becomes submerged inbegin delete water.end deletebegin insert water, is not a
16qualifying drowning prevention safety feature.end insert

17(7) Other means of protection, if the degree of protection
18afforded is equal to or greater than that afforded by any of the
19begin delete devicesend deletebegin insert featuresend insert set forthbegin delete above,end deletebegin insert aboveend insert andbegin delete haveend deletebegin insert hasend insert been
20independently verified by an approved testing laboratory as meeting
21standards for thosebegin delete devicesend deletebegin insert featuresend insert established by the ASTM or
22the American Society of Mechanical Engineers (ASME).

23(b) begin deletePrior to end deletebegin insertBefore end insertthe issuance ofbegin delete anyend deletebegin insert aend insert final approval for the
24completion of permitted construction or remodeling work, the local
25building code official shall inspect the drowning safety prevention
26begin delete devicesend deletebegin insert featuresend insert required by this actbegin delete andend deletebegin insert and,end insert if no violations are
27found, shall give final approval.

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28
(c) (1) Before an individual may sell a private single-family
29home with an existing swimming pool or spa, the local building
30code official shall inspect the drowning prevention features
31required by this act and, if no violations are found, shall certify
32that the private single-family home is in compliance with this
33section.

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34
(2) No transfer of title shall be invalidated on the basis of a
35failure to comply with this section, and the exclusive remedy for
36the failure to comply with this section is an award of actual
37damages not to exceed five hundred dollars ($500), exclusive of
38any court costs and attorney’s fees. This subdivision is not intended
39to affect any duties, rights, or remedies otherwise available at law.

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P5    1begin insert

begin insertSEC. 4.end insert  

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If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.

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SECTION 1.  

Section 15661 is added to the Welfare and
7Institutions Code
, to read:

8

15661.  

By October 1, 2016, the Department of Justice, in
9collaboration with the department, shall develop protocols to
10expedite the processing of provider criminal record checks for the
11In-Home Supportive Services program. This activity may be funded
12through moneys appropriated by the Legislature to the Department
13of Justice for the purpose of conducting criminal record check
14activities pursuant to Section 15660.

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