BILL ANALYSIS
AB 1020
Page 1
ASSEMBLY THIRD READING
AB 1020 (Emmerson and Ma)
As Amended June 1, 2009
2/3 vote. Urgency
HEALTH 19-0 APPROPRIATIONS 13-0
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|Ayes:|Jones, Fletcher, Adams, |Ayes:|De Leon, Ammiano, Charles |
| |Ammiano, Block, Carter, | |Calderon, Davis, Fuentes, |
| |Conway, De La Torre, De | |Hall, John A. Perez, Price, |
| |Leon, Emmerson, Gaines, | |Skinner, Solorio, Audra |
| |Hall, Hayashi, Hernandez, | |Strickland, Torlakson, |
| | | |Krekorian |
| |Bonnie Lowenthal, Nava, | | |
| |V. Manuel Perez, Salas, | | |
| |Audra Strickland | | |
| | | | |
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SUMMARY : Requires a public swimming pool, as defined, to be
equipped with anti-entrapment devices or systems that meet
federal requirements. Specifically, this bill :
1)Defines the following terms: a) main drain; b) public
swimming pool; c) safety vacuum release system; d) unblockable
drain; e) American Society of Mechanical Engineers
(ASME)/American National Standards Institute (ANSI)
performance standard; and, f) ASTM (originally the American
Society for Testing and Materials) International performance
standard.
2)Establishes ASME/ANSI or ASTM performance standards for
anti-entrapment devices or systems as the applicable standard
in California 90 days after publication, provided the
Department of Public Health (DPH) approves the standard.
Authorizes DPH to implement the standards by means of a policy
letter or similar instruction, and exempts the adoption of the
standards from the Administrative Procedures Act.
3)Requires public swimming pools constructed before January 1,
2010, to be retrofitted with anti-entrapment devices or
systems that meet anti-entrapment performance standards in 2)
above, unless the pool was retrofitted between December 19,
2007, and January 1, 2010, in compliance with the federal
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Virginia Graeme Baker Pool and Spa Safety Act (VGB Act), as
specified.
4)Requires every public swimming pool constructed after January
1, 2010, to have at least two main drains per pump, as
specified, and to meet specified anti-entrapment standards.
5)Requires DPH to consult with county health officers and
directors of departments of environmental health to develop a
form for use by public swimming pool owners to indicate
compliance with this bill (compliance form). Requires DPH,
within 90 days of the effective date of this bill, to post the
compliance form on its Internet Web site. Requires DPH to
include on the compliance form specified elements concerning
anti-entrapment systems or devices, and the person certifying
the information.
6)Requires each swimming pool owner or operator to file, within
30 days of completion of the swimming pool construction or
installation of safety equipment as required by this bill, a
completed copy of the compliance form with the local
department of environmental health.
7)Requires health officers and directors of local environmental
health departments to consider documentation on or with the
compliance form to be evidence of compliance, and authorizes
local environmental health departments to verify the accuracy
of the form.
8)Creates the Recreational Health Fund as a special fund in the
State Treasury, available upon appropriation by the
Legislature. Authorizes local health departments to impose
and assess a fee on owners of public swimming pools to cover
local health department costs of enforcing this bill.
Authorizes DPH, until January 1, 2014, to assess an additional
annual fee on owners of public swimming pools, to be collected
by local health departments, to defray DPH's costs of
implementing this bill. Requires local health departments to
transmit moneys collected for DPH costs to the State
Controller, for deposit into the Recreational Health Fund.
9)States this bill is an urgency statute necessary to conform to
federal requirements for the prevention of drowning and would
take effect immediately upon enactment.
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EXISTING LAW :
1)Requires, under the VGB Act, requires, beginning December 19,
2008, every public pool and spa to have an approved
anti-entrapment drain cover. Requires a public pool or spa
with a single main drain (other than an unblockable drain) to
have a device or system designed to prevent entrapment.
2)Requires DPH to enforce building standards related to public
swimming pools and to make and enforce regulations as it deems
proper.
3)Requires local health officers to enforce DPH regulations and
building standards related to public swimming pools and to
review plans for proposed public swimming pools. Authorizes
health officers and DPH inspectors to enter all parts or
premises of public swimming pools to enforce compliance with
State Building Standards and Health and Safety Codes and DPH
regulations.
4)Requires new and altered public wading pools to comply with
specified safety requirements to prevent physical entrapment
or suction injury.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time fee-supported special fund costs of $400,000
over fiscal years 2009-10 and 2010-11 to DPH to establish
standardization and develop compliance forms. In addition, DPH
will require technical assistance with a variety of local
government, public safety, community, and pool industry groups.
Actual costs may be less to the extent public pools already
include the safety device requirements established by this bill.
Additional unknown local enforcements costs.
COMMENTS : According to the author, drowning is the second
leading cause of accidental death among children ages one to
fourteen in the United States (U.S.). The author reports that
from 1997-2007, the U.S. Consumer Product Safety Commission
(CPSC) received reports of 74 entrapment incidents that resulted
in nine fatalities and 63 injuries (two incidents caused no
injuries); 54 of these incidents involved children age fourteen
and under. Entrapment can occur when a person's body attaches
to a drain or vacuum line due to the suction of the water
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circulation system of a pool or spa, or a limb is inserted or
caught in a drain with a broken or missing cover. Death or
injury can result when the force of the suction overcomes a
person's ability to break free of the drain. The author states
this bill is needed because California law is not consistent
with new federal safety standards which require public pools and
spas to have federally-approved anti-entrapment drain covers,
whereas current state law requires only that wading pools, new
pools, or pools being renovated have these covers. Existing
state law is also inconsistent with the federal requirements for
the device or system designed to prevent entrapment, such as a
safety vacuum release system. In addition, the author states
the new federal standards will be enforced by local health
jurisdictions; however, enforcement is not consistent throughout
California, with some local health jurisdictions stating that
the federal standards cannot be enforced at the local level
until state law is amended. This bill adopts the new federal
safety standards and allows local health officers to enforce the
requirements.
CPSC estimates that nationally from 2005 to 2007, an average of
2,700 children per year were treated in emergency departments
for pool submersions. About 39% of these injuries were serious
enough to require hospitalization. In California in 2006,
according to the DPH Epidemiology and Prevention for Injury
Control Branch, known as the EPICenter, 89 children age fourteen
and under drowned unintentionally. An additional 279 children
age fourteen and under were hospitalized for submersions or
near-drownings; 257 of those children were under ten. Although
most submersion incidents are not fatal, many result in lifelong
disability. The proportion of these submersions attributable to
circulation entrapments is unknown.
According to the California Apartment Association (CAA), there
is a "complete lack of consistency across the state in
determining what steps are necessary to comply" and there is no
clear approval process concerning the installation of new
anti-entrapment devices, leading to pool closures. CAA cites
numerous examples of confusion and inconsistent implementation
at the local level, as well as long delays in issuance of
permits and some cities charging nearly $1,000 for permit and
inspection fees. A February 2009 article in the Orange County
Register (Register) also reports that pools and spas are being
closed, drained, and retrofitted to comply with the VGB Act,
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even though the required fixes may be simpler and cheaper.
According to the Register article, the Los Angeles County
Department of Public Health interpreted the VGB Act as requiring
all public pools to have two drains and several organizations
stated that Los Angeles pool operators were being required to
drain pools to install a new drain that could cost up to $15,000
per pool, when a $150 solution is available, and others do not
interpret the Act as requiring two drains. The Register article
also reports that Orange County apartment complexes and
homeowner associations have been closing pools, although Orange
County is not ordering the closures, as it has no enforcement
power over the federal rules.
The California Association of Realtors writes it supports this
effort to make state law consistent with federal law. The
California Professional Firefighters, State Council of the
International Association of Fire fighters writes in support of
a prior version that this bill will enhance the safety of the
public. The Pool Safety Council writes it supports this bill
but also expresses a need for greater clarity. The Spa and Pool
Education Council writes it urges support of this bill.
Analysis Prepared by : Allegra Kim / HEALTH / (916) 319-2097
FN: 0001352