Amended in Senate August 2, 2016

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 amend Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law, the Swimming Pool Safety 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, 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, 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 bill would remove the exemption for the above-described political subdivisions.

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.

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.

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:

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 companies,
8and the swimming pool industry.

9(b) According to both the federal Centers for Disease Control
10and Prevention’s National Center for Injury Prevention and Control
11and the State Department of Public Health’s EpiCenter data,
12drowning is the leading cause of death for California children begin delete13 betweenend delete one to four years of age, inclusive.

14(c) Additional children suffer near-drowning incidents and
15survive, but many of those children suffer irreversible brain
16injuries, which can lead to lifelong learning deficiencies that impact
17not only the affected child and his or her family, but also the
P3    1resources and moneys available to California’sbegin delete healthcareend deletebegin insert health
2careend insert
system, regional centers, and special education school
3programs.

4(d) Close parental supervision of children with access to
5swimming pools is essential to providing pool safety for children.
6Barriers, such as those required pursuant to Section 115922 of the
7Health and Safety Code, can help to deter young children from
8gaining unsupervised access to pools. Swimming lessons are
9encouraged and can help children understand the importance of
10water safety.

11(e) All water sports activities come with risk. Knowing the risks
12and having drowning prevention strategies in place before and
13during water sports activities reduce drowning incidents, and the
14 installation of a residential pool barrier is a leading strategy to
15further California’s goal of dramatically reducing unintentional
16injury.

17

SEC. 3.  

Section 7195 of the Business and Professions Code is
18amended to read:

19

7195.  

For purposes of this chapter, the following definitions
20apply:

21(a) (1) “Home inspection” is a noninvasive, physical
22examination, performed for a fee in connection with a transfer, as
23defined in subdivision (e), of real property, of the mechanical,
24electrical, or plumbing systems or the structural and essential
25components of a residential dwelling of one to four units designed
26to identify material defects in those systems,begin delete structuresend deletebegin insert structures,end insert
27 and components. “Home inspection” includes any consultation
28regarding the property that is represented to be a home inspection
29or any confusingly similar term.

30(2) In connection with a transfer, as defined in subdivision (e),
31of real property with a swimming pool or spa, a “home inspection”
32shall include a noninvasive physical examination of the pool or
33spa and dwelling for the purpose of identifying which, if any, of
34the seven drowning prevention safety features listed in subdivision
35(a) of Section 115922 of the Health and Safety Code the pool or
36spa is equipped with.

37(3) “Home inspection,” if requested by the client, may include
38an inspection of energy efficiency . Energy efficiency items to be
39inspected may include the following:

P4    1(A) A noninvasive inspection of insulation R-values in attics,
2roofs, walls, floors, and ducts.

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

4(C) The heating and cooling equipment and water heating
5systems.

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

7(E) The exhaust and cooling fans.

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

9(G) The general integrity and potential leakage areas of walls,
10window areas, doors, and duct systems.

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

12(b) A “material defect” is a condition that significantly affects
13the value, desirability, habitability, or safety of the dwelling. Style
14or aesthetics shall not be considered in determining whether a
15system, structure, or component is defective.

16(c) A “home inspection report” is a written report prepared for
17a fee and issued after a home inspection. The report clearly
18describes and identifies the inspected systems, structures, or
19components of the dwelling, any material defects identified, and
20any recommendations regarding the conditions observed or
21recommendations for evaluation by appropriate persons. In a
22dwelling with a pool or spa, the “home inspection report” shall
23identify which, if any, of the seven drowning prevention safety
24features listed in subdivision (a) of Section 115922 of the Health
25and Safety Code the pool or spa is equipped with and shall
26specifically state if the pool or spa has fewer than two of the listed
27drowning prevention safety features.

28(d) A “home inspector” is any individual who performs a home
29inspection.

30(e) “Transfer” is a transfer by sale, exchange, installment land
31sales contract, as defined in Section 2985 of the Civil Code, lease
32with an option to purchase, any other option to purchase, or ground
33lease coupled with improvements, of real property or residential
34stock cooperative, improved with or consisting of not less than
35one nor more than four dwelling units.

36

SEC. 4.  

Section 115922 of the Health and Safety Code is
37amended to read:

38

115922.  

(a) Except as provided in Section 115925, when a
39building permit is issued for the construction of a new swimming
40pool or spa or the remodeling of an existing swimming pool or spa
P5    1at a private single-family home, the swimming pool or spa shall
2be equipped with at least two of the following seven drowning
3prevention safety features:

4(1) An enclosure that meets the requirements of Section 115923
5and isolates the swimming pool or spa from the private
6single-family home.

7(2) Removable mesh fencing that meets American Society for
8Testing and Materials (ASTM) Specifications F 2286 standards
9 in conjunction with a gate that is self-closing and self-latching and
10can accommodate a key lockable device.

11(3) An approved safety pool cover, as defined in subdivision
12(d) of Section 115921.

13(4) Exit alarms on the private single-family home’s doors that
14provide direct access to the swimming pool or spa. The exit alarm
15may cause either an alarm noise or a verbal warning, such as a
16repeating notification that “the door to the pool is open.”

17(5) A self-closing, self-latching device with a release mechanism
18placed no lower than 54 inches above the floor on the private
19single-family home’s doors providing direct access to the
20swimming pool or spa.

21(6) An alarm that, when placed in a swimming pool or spa, will
22sound upon detection of accidental or unauthorized entrance into
23the water. The alarm shall meet and be independently certified to
24the ASTM Standard F 2208 “Standards Specification for Pool
25Alarms,” which includes surface motion, pressure, sonar, laser,
26and infrared type alarms. A swimming protection alarm feature
27designed for individual use, including an alarm attached to a child
28that sounds when the child exceeds a certain distance or becomes
29submerged in water, is not a qualifying drowning prevention safety
30feature.

31(7) Other means of protection, if the degree of protection
32afforded is equal to or greater than that afforded by any of the
33features set forth above and has been independently verified by
34 an approved testing laboratory as meeting standards for those
35features established by the ASTM or the American Society of
36Mechanical Engineers (ASME).

37(b) Before the issuance of a final approval for the completion
38of permitted construction or remodeling work, the local building
39code official shall inspect the drowning safety prevention features
P6    1required by this act and, if no violations are found, shall give final
2approval.

3

SEC. 5.  

Section 115925 of the Health and Safety Code is
4amended to read:

5

115925.  

The requirements of this article shall not apply to any
6of the following:

7(a)  Public swimming pools.

8(b)  Hot tubs or spas with locking safety covers that comply
9with the American Society for Testingbegin delete Materials-Emergency
10Performance Specification (ASTM-ES 13-89).end delete
begin insert Materials (ASTM
11F1346).end insert

12(c) An apartment complex, or any residential setting other than
13a single-family home.

14

SEC. 6.  

If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.



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