BILL NUMBER: AB 470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2016
	AMENDED IN ASSEMBLY  JUNE 1, 2015

INTRODUCED BY   Assembly Member Chu
    (   Coauthor:  
Assembly Member   Waldron   )


                        FEBRUARY 23, 2015

    An act to add Section 15661 to the Welfare and
Institutions Code, relating to social services.   An act
to amend Section 115922 of the Health and Safety Code, relating to
public health. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 470, as amended, Chu.  In-home supportive services:
fingerprinting.  Public health: drownings.  
   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.  
   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.  
   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, 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.  
   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.
 
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no   yes  .


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

   SECTION 1.    This act shall be known, and may be
cited, as the Pool Safety Act. 
   SEC. 2.    The Legislature finds and declares all of
the following:  
   (a) According to both the federal Centers for Disease Control and
Prevention's National Center for Injury Prevention and Control and
the State Department of Public Health's EPICenter data, residential
pool drowning is the leading cause of death for California children
between 1 to 4 years of age, inclusive.  
   (b) Additional children suffer near-drowning incidents and
survive, but many of those children suffer irreversible brain
injuries, which can lead to lifelong learning deficiencies that
impact not only the affected child and his or her family, but also
the resources and moneys available to California's healthcare system,
regional centers, and special education school programs.  
   (c) Barriers, such as those required pursuant to Section 115922 of
the Health and Safety Code, prevent young children from gaining
unsupervised access to pools and are proven to save lives, and those
barriers that utilize isolation fencing are among the most effective.
 
   (d) All water sports activities come with risk. Knowing the risks
and having drowning prevention strategies in place before and during
water sports activities reduce drowning incidents, and the
installation of a residential pool barrier is a critical, necessary,
and leading strategy to further California's goal of dramatically
reducing unintentional injury and ensuring that drowning is no longer
the leading cause of death and hospitalizations for children. 
   SEC. 3.    Section 115922 of the   Health
and Safety Code   is amended to read: 
   115922.  (a)  Commencing January 1, 2007, except 
 Except  as provided in Section 115925,  whenever
  when  a building permit is issued for  the
 construction of a new swimming pool or  spa, 
 spa  or  any building permit is issued for
  the  remodeling of an existing  swimming
 pool or spa, at a  private,   private
 single-family home,  or when a private single-family home
with an existing swimming pool or spa is sold,   it
shall be equipped with at least   one  
the swimming pool or spa shall be equipped with at least two 
of the following seven drowning prevention safety features:
   (1)  The pool shall be isolated from access to a home by
an   An  enclosure that meets the requirements of
Section  115923.   115923 and isolates the
swimming pool or spa from the private single-family home. 
   (2)  The pool shall incorporate removable  
Removable  mesh  pool  fencing that meets
American Society for Testing and Materials (ASTM) Specifications F
2286 standards in conjunction with a gate that is self-closing and
self-latching and can accommodate a key lockable device.
   (3)  The pool shall be equipped with an   An
 approved safety pool  cover that meets all requirements
of the ASTM Specifications F 1346 .   cover, as defined
in subdivision (d) of Section 115921. 
   (4)  The residence shall be equipped with exit 
 Exit  alarms on  those   the private
single-family home's  doors  providing  
that provide  direct access to the pool.  
swimming pool or spa. The exit alarm may cause either an alarm noise
or a verbal warning, such as a repeating notification that "the door
to the pool is open." 
   (5)  All doors providing direct access from the home to
the swimming pool shall be equipped with a   A 
self-closing, self-latching device with a release mechanism placed no
lower than 54 inches above the  floor.   floor
on the private single-family home's doors providing direct access to
the swimming pool or spa. 
   (6)  Swimming pool alarms   An alarm 
that, when placed in  pools,   a swimming pool
or spa,  will sound upon detection of accidental or unauthorized
entrance into the water.  These pool alarms  
The alarm  shall meet and be independently certified to the ASTM
Standard F 2208 "Standards Specification for Pool  Alarms"
  Alarms,"  which includes surface motion,
pressure, sonar, laser, and infrared type alarms.  For
purposes of this article, "swimming pool alarms"  
shall   not include   A  swimming
protection alarm  devices  feature 
designed for individual use,  such as  
including  an alarm attached to a child that sounds when the
child exceeds a certain distance or becomes submerged in 
water.   water, is not a qualifying drowning prevention
safety feature. 
   (7) Other means of protection, if the degree of protection
afforded is equal to or greater than that afforded by any of the
 devices   features  set forth 
above,   above  and  have  
has  been independently verified by an approved testing
laboratory as meeting standards for those  devices
 features  established by the ASTM or the American Society
of Mechanical Engineers (ASME).
   (b)  Prior to   Before  the issuance of
 any   a  final approval for the completion
of permitted construction or remodeling work, the local building
code official shall inspect the drowning safety prevention 
devices   features  required by this act 
and   and,  if no violations are found, shall give
final approval. 
   (c) (1) Before an individual may sell a private single-family home
with an existing swimming pool or spa, the local building code
official shall inspect the drowning prevention features required by
this act and, if no violations are found, shall certify that the
private single-family home is in compliance with this section. 

   (2) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed five hundred dollars ($500), exclusive of any court
costs and attorney's fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law. 
   SEC. 4.    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.  
  SECTION 1.    Section 15661 is added to the
Welfare and Institutions Code, to read:
   15661.  By October 1, 2016, the Department of Justice, in
collaboration with the department, shall develop protocols to
expedite the processing of provider criminal record checks for the
In-Home Supportive Services program. This activity may be funded
through moneys appropriated by the Legislature to the Department of
Justice for the purpose of conducting criminal record check
activities pursuant to Section 15660.