Amended in Senate June 8, 2016

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

February 23, 2015


An act to amendbegin delete Section 115922 ofend deletebegin insert Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 ofend insert the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 470, as amended, Chu. Public health:begin insert pools:end insert drownings.

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The

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begin insertExisting law, theend insert Swimming Pool Safetybegin delete Act requiresend deletebegin insert Act, provides that it does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified. The act further requires,end insert 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 isbegin delete issued or the home is sold,end deletebegin insert issued,end insert 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.begin insert The bill would remove the exemption for the above-described political subdivisions.end insert

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Existing law defines terms related to paid home inspections, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspector’s employer, as specified, has a financial interest.

end insert
begin insert

This bill would require a home inspection for real property with a swimming pool or spa to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the specified 7 drowning prevention safety features the pool or spa is equipped with.

end insert

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

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

3

SEC. 2.  

The Legislature finds and declares all of the following:

begin insert

4
(a) Swimming pools provide children and their families with a
5wonderful opportunity for recreation, exercise, and fun. Keeping
6children safe during this activity is supported by parents and
7guardians, safety advocates, health providers, insurance
8companies, and the swimming pool industry.

end insert
begin delete

9(a)

end delete

10begin insert(b)end insert According to both the federal Centers for Disease Control
11and Prevention’s National Center for Injury Prevention and Control
12and the State Department of Public Health’sbegin delete EPICenterend deletebegin insert EpiCenterend insert
13 data,begin delete residential poolend delete drowning is the leading cause of death for
14California children betweenbegin delete 1 to 4end deletebegin insert one to fourend insert years of age,
15inclusive.

begin delete

16(b)

end delete

P3    1begin insert(c)end insert Additional children suffer near-drowning incidents and
2survive, but many of those children suffer irreversible brain
3injuries, which can lead to lifelong learning deficiencies that impact
4not only the affected child and his or her family, but also the
5resources and moneys available to California’s healthcare system,
6regional centers, and special education school programs.

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7(c) Barriers, such as those required pursuant to Section 115922
8of the Health and Safety Code, prevent young children from
9gaining unsupervised access to pools and are proven to save lives,
10and those barriers that utilize isolation fencing are among the most
11effective.

end delete
begin insert

12
(d) Close parental supervision of children with access to
13swimming pools is essential to providing pool safety for children.
14Barriers, such as those required pursuant to Section 115922 of
15the Health and Safety Code, can help to deter young children from
16gaining unsupervised access to pools. Swimming lessons are
17encouraged and can help children understand the importance of
18water safety.

end insert
begin delete

19(d)

end delete

20begin insert(e)end insert All water sports activities come with risk. Knowing the risks
21and having drowning prevention strategies in place before and
22during water sports activities reduce drowning incidents, and the
23 installation of a residential pool barrier is abegin delete critical, necessary, andend delete
24 leading strategy to further California’s goal of dramatically
25reducing unintentional begin delete injury and ensuring that drowning is no
26longer the leading cause of death and hospitalizations for children.end delete

27
begin insert injury.end insert

28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 7195 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
29amended to read:end insert

30

7195.  

For purposes of this chapter, the following definitions
31apply:

32(a) (1) “Home inspection” is a noninvasive, physical
33examination, performed for a fee in connection with a transfer, as
34defined in subdivision (e), of real property, of the mechanical,
35electrical, or plumbing systems or the structural and essential
36components of a residential dwelling of one to four units designed
37to identify material defects in those systems, structures and
38components. “Home inspection” includes any consultation
39regarding the property that is represented to be a home inspection
40or any confusingly similar term.

begin insert

P4    1
(2) In connection with a transfer, as defined in subdivision (e),
2of real property with a swimming pool or spa, a “home inspection”
3shall include a noninvasive physical examination of the pool or
4spa and dwelling for the purpose of identifying which, if any, of
5the seven drowning prevention safety features listed in subdivision
6(a) of Section 115922 of the Health and Safety Code the pool or
7spa is equipped with.

end insert
begin delete

8(2)

end delete

9begin insert(3)end insert “Home inspection,” if requested by the client, may include
10an inspection of energy efficiency . Energy efficiency items to be
11inspected may include the following:

12(A) A noninvasive inspection of insulation R-values in attics,
13roofs, walls, floors, and ducts.

14(B) The number of window glass panes and frame types.

15(C) The heating and cooling equipment and water heating
16systems.

17(D) The age and fuel type of major appliances.

18(E) The exhaust and cooling fans.

19(F) The type of thermostat and other systems.

20(G) The general integrity and potential leakage areas of walls,
21window areas, doors, and duct systems.

22(H) The solar control efficiency of existing windows.

23(b) A “material defect” is a condition that significantly affects
24the value, desirability, habitability, or safety of the dwelling. Style
25or aesthetics shall not be considered in determining whether a
26system, structure, or component is defective.

27(c) A “home inspection report” is a written report prepared for
28a fee and issued after a home inspection. The report clearly
29describes and identifies the inspected systems, structures, or
30components of the dwelling, any material defects identified, and
31any recommendations regarding the conditions observed or
32recommendations for evaluation by appropriate persons.begin insert In a
33dwelling with a pool or spa, the “home inspection report” shall
34identify which, if any, of the seven drowning prevention safety
35features listed in subdivision (a) of Section 115922 of the Health
36and Safety Code the pool or spa is equipped with and shall
37specifically state if the pool or spa has fewer than two of the listed
38drowning prevention safety features.end insert

39(d) A “home inspector” is any individual who performs a home
40inspection.

P5    1(e) “Transfer” is a transfer by sale, exchange, installment land
2sales contract, as defined in Section 2985 of the Civil Code, lease
3with an option to purchase, any other option to purchase, or ground
4lease coupled with improvements, of real property or residential
5stock cooperative, improved with or consisting of not less than
6one nor more than four dwelling units.

7

begin deleteSEC. 3.end delete
8
begin insertSEC. 4.end insert  

Section 115922 of the Health and Safety Code is
9amended to read:

10

115922.  

(a) Except as provided in Section 115925, when a
11building permit is issued for the construction of a new swimming
12pool or spa or the remodeling of an existing swimming pool or
13begin delete spa,end deletebegin insert spaend insert at a private single-family home,begin delete or when a private
14single-family home with an existing swimming pool or spa is sold,end delete

15 the swimming pool or spa shall be equipped with at least two of
16the following seven drowning prevention safety features:

17(1) An enclosure that meets the requirements of Section 115923
18and isolates the swimming pool or spa from the private
19single-family home.

20(2) Removable mesh fencing that meets American Society for
21Testing and Materials (ASTM) Specifications F 2286 standards
22in conjunction with a gate that is self-closing and self-latching and
23can accommodate a key lockable device.

24(3) An approved safety pool cover, as defined in subdivision
25(d) of Section 115921.

26(4) Exit alarms on the private single-family home’s doors that
27provide direct access to the swimming pool or spa. The exit alarm
28may cause either an alarm noise or a verbal warning, such as a
29repeating notification that “the door to the pool is open.”

30(5) A self-closing, self-latching device with a release mechanism
31placed no lower than 54 inches above the floor on the private
32single-family home’s doors providing direct access to the
33swimming pool or spa.

34(6) An alarm that, when placed in a swimming pool or spa, will
35sound upon detection of accidental or unauthorized entrance into
36the water. The alarm shall meet and be independently certified to
37the ASTM Standard F 2208 “Standards Specification for Pool
38Alarms,” which includes surface motion, pressure, sonar, laser,
39and infrared type alarms. A swimming protection alarm feature
40designed for individual use, including an alarm attached to a child
P6    1that sounds when the child exceeds a certain distance or becomes
2submerged in water, is not a qualifying drowning prevention safety
3feature.

4(7) Other means of protection, if the degree of protection
5afforded is equal to or greater than that afforded by any of the
6features set forth above and has been independently verified by
7 an approved testing laboratory as meeting standards for those
8features established by the ASTM or the American Society of
9Mechanical Engineers (ASME).

10(b) Before the issuance of a final approval for the completion
11of permitted construction or remodeling work, the local building
12code official shall inspect the drowning safety prevention features
13required by this act and, if no violations are found, shall give final
14approval.

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15(c) (1) Before an individual may sell a private single-family
16home with an existing swimming pool or spa, the local building
17code official shall inspect the drowning prevention features
18required by this act and, if no violations are found, shall certify
19that the private single-family home is in compliance with this
20section.

21(2) No transfer of title shall be invalidated on the basis of a
22failure to comply with this section, and the exclusive remedy for
23the failure to comply with this section is an award of actual
24damages not to exceed five hundred dollars ($500), exclusive of
25any court costs and attorney’s fees. This subdivision is not intended
26to affect any duties, rights, or remedies otherwise available at law.

end delete
27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 115925 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert

29

115925.  

The requirements of this article shall not apply to any
30of the following:

31(a)  Public swimming pools.

32(b)  Hot tubs or spas with locking safety covers that comply
33with the American Society for Testing Materials-Emergency
34Performance Specification (ASTM-ES 13-89).

begin delete

35(c)  Any pool within the jurisdiction of any political subdivision
36that adopts an ordinance for swimming pool safety that includes
37requirements that are at least as stringent as this article.

38(d)

end delete

39begin insert(c)end insert An apartment complex, or any residential setting other than
40a single-family home.

P7    1

begin deleteSEC. 4.end delete
2
begin insertSEC. 6.end insert  

If the Commission on State Mandates determines that
3this act contains costs mandated by the state, reimbursement to
4local agencies and school districts for those costs shall be made
5pursuant to Part 7 (commencing with Section 17500) of Division
64 of Title 2 of the Government Code.



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