BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: AB 1020
A
AUTHOR: Emmerson
B
AMENDED: July 09, 2009
HEARING DATE: July 15, 2009
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CONSULTANT:
0
Orr/
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SUBJECT
Public swimming pools: anti-entrapment devices and systems
SUMMARY
Conforms state law to recently enacted federal pool safety
standards, for the purpose of reducing injuries and deaths
related to entrapment in public pools. Allows local
environmental health officers to collect fees to offset the
cost of local enforcement of these provisions, and
remunerate a portion of those fees to the Department of
Public Health (DPH) for statewide enforcement.
CHANGES TO EXISTING LAW
Existing federal law:
Establishes the U.S. Consumer Product Safety Act (CPSA),
which authorizes the Consumer Product Safety Commission
(CPSC) to develop standards to reduce or eliminate risk for
products when it finds an unreasonable risk of injury
associated with the product. Authorizes CPSC to enforce the
provisions of the Virginia Graeme Baker Pool and Spa Safety
Act (VGB Act).
Enacts the Virginia Graeme Baker Pool and Spa Safety Act,
adopted December 19, 2007, which does the following:
Continued---
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1) Defines main drain, swimming pool, unblockable drain,
and public pool and spa, for the purposes of the VGB Act.
2) Defines ASME/ANSI standards as accredited by the
American National Standards Institute and published by the
American Society of Mechanical Engineers.
3) Requires every drain cover manufactured, distributed, or
entered into commerce in the United States to conform to
ASME/ANSI entrapment protection standards, or any successor
standards, effective one year after the enactment of the
act.
4)Requires each public pool and spa to be equipped with
anti-entrapment devices or systems that comply with
specified ASME/ANSI standards, or any successor standards,
effective one year after the enactment of the act.
5) Requires pools with a single blockable main drain to be
equipped with at least one or more of specified secondary
safety devices, as defined.
6) Establishes a state swimming pool safety grant program,
subject to appropriation, to provide enforcement assistance
to eligible states, subject to specified guidelines.
7) Stipulates that state laws, at minimum, require outdoor
pools and spas to be enclosed by barriers to prevent small
children from gaining entry, and require every pool and spa
that has a blockable main drain be equipped with a drain
cover that meets the appropriate standards.
Existing state law:
Authorizes the Department of Public Health (DPH) to
establish public swimming pool regulations, in order to
meet current health and safety practices, standards and
operational requirements.
Requires safety standards for public wading pools.
Specifies design and installation standards of underwater
lighting fixtures in public pools, and requires older
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public pools be retrofitted to comply with the standards by
May 1, 1999.
Requires that every public swimming pool shall, at all
times, reflect an environment that is sanitary, healthful
and safe.
Authorizes local health officers to conduct inspections to
determine whether sanitary conditions, building standards
published in the State Building Standards Code, or other
regulations adopted by DPH relating to swimming pools, are
being met.
Provides that every person proposing to construct a public
swimming pool must file a copy of the plans, prior to
construction, with the local health officer having
jurisdiction for approval.
Under the Swimming Pool Safety Act, requires that whenever
a building permit is issued for construction of a new
swimming pool or spa, or for the structural remodeling of
an existing pool or spa, at a private, single-family home,
the pool must be equipped with specified safety features.
Requires that, prior to the issuance of any final approval
for the completion of permitted construction or remodeling
work, the local building official shall inspect to ensure
that the appropriate standards are met and that the
drowning prevention safety features are in good working
condition.
This bill:
Declares that, in the interest of public health, there
should be uniform statewide health and safety standards for
public swimming pools, to prevent physical entrapment and
serious injury to children and adults.
Codifies most applicable requirements and provisions of the
Virginia Graeme Baker Pool and Spa Safety Act, with the
following exceptions:
Excludes pools or spas open exclusively to a
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municipality, township, or other local government
jurisdiction from the definition of public pool or spa,
for the purpose of this act;
Excludes standards for drain covers;
Excludes drain disablement from the list of devices or
systems designed to prevent entrapment, when a pool has
only one blockable main drain; and
Removes portable spa from the definition of swimming
pool, and adds pools located on the premises of an
athletic club, or public or private school.
Deletes the exemption for pools with two main drains from
being subject to a requirement to have anti-entrapment
devices that comply with a specified ASME/ANSI standard.
Adds a definition of skimmer equalizer line to distinguish
it from a main drain.
Requires every public swimming pool constructed on or after
January 1, 2010 to have at least two main drains per pump
that are hydraulically balanced and symmetrically plumbed
through one or more "T" fittings. Requires the drains be
located at least three feet apart.
Requires that a public swimming pool constructed prior to
January 1, 2010 be retrofitted to comply with these
anti-entrapment measures, unless the pool was already
retrofitted to meet the requirements of the VGB Act.
Requires an owner that already retrofitted pools pursuant
to the enactment of the VGB Act, or an owner of a
nonportable wading pool that completed a retrofit prior to
January 1, 2010, to either: (1) file the form issued by the
department, as described, by September 30, 2010; or (2)
file a signed statement verifying the retrofit was
completed.
Includes the performance standards of ASTM International
relating to anti-entrapment devices and systems.
Stipulates that any updated performance standards published
by either ASME/ANSI or ASTM shall become the applicable
standard in California 90 days after publication, provided
that the performance standard is approved by DPH within 90
days of the publication. Allows the department to
implement, interpret, or make specific these standards
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without going through rulemaking.
Requires DPH to create a form for use by an owner of a
public swimming pool to indicate compliance with this
bill's requirements. The form is to be filed with the local
department of environmental health within 30 days of the
completion of the swimming pool construction or
installation of required safety devices or systems.
Allows local health departments to impose a fee on owners
of swimming pools not to exceed one dollar ($1) to cover
the costs of enforcement of this bill's provisions.
Allows DPH to additionally impose an annual fee on the
owners of public swimming pools not to exceed five dollars
($5) to defray costs of fulfilling its duties under this
act. Owners who are currently exempt from local swimming
pool permit fees shall also be exempt from the fees imposed
pursuant to this bill.
Requires local health officials to collect this fee on
behalf of DPH, and transmit those fees to the State
Controller. Creates the Recreational Health Fund within the
State Treasury. Requires the Controller to deposit those
fees collected from local health officials for the purpose
of enforcement of this act, into this fund. Stipulates
that local health officers will not be required to collect
any unpaid fees owed by pool owners, and instead will
transmit a list of the owners who are over 90 days late in
paying their fees to DPH, along with their contact
information. Moneys collected by the Recreational Health
Fund shall not be redirected for any other purpose.
Requires the California Building Standards Commission to
publish the text of this bill in the California Code of
Regulations, within the California Building Standards Code
(Title 24, Part 2).
FISCAL IMPACT
The Assembly Floor analysis estimates one-time,
fee-supported special fund costs of $400,000 over 2009-10
and 2010-11 to DPH to enforce this bill and create the
forms to provide evidence of compliance with requirements
established by this bill. In addition DPH's workload will
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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. Unknown costs to local health
officers for local enforcements efforts.
BACKGROUND AND DISCUSSION
Although current codes and standards for pools and spas
contain requirements to prevent body entrapment, hair
entrapment/entanglement, and evisceration, incidents and
deaths continue to occur. CPSC is aware of 74 cases of body
entrapment, including 13 confirmed deaths, between January
1990 and August 2004. The deaths were the result of
drowning after the body, or a limb, was held against the
drain by the suction of the circulation pump, and they
occurred in both residential and public settings. Any open
drain, or any flat grating that the body can cover
completely, coupled with a plumbing
configuration that allows a strong suction force to persist
if the drain is blocked, can present this hazard.
The purpose of the Virginia Graeme Baker Pool and Spa
Safety Act is to increase the safety of swimming pools and
spas and decrease the risk of entrapment by: (1) requiring
the use of proper devices, such as anti-entrapment drain
covers and fences or barriers; (2) educating the public
about drowning prevention; (3) establishing a federal
swimming pool and spa drain cover standard; and (4)
establishing a grant incentive program to encourage states
to enact comprehensive pool and spa laws.
The standards under the VGB Act became effective on
December 19, 2008. Although the federal law requires
public pools and spas to have federally approved
anti-entrapment drain covers, current state law requires
only that wading pools, new pools, or pools being renovated
have these covers. Federal law also now requires all public
pools with a single main drain to have a device or system
designed to prevent entrapment. However, current state law
requires only public wading pools to have these preventive
measures. This bill would adopt the new federal standards
for all public pools, which would allow local health
officers to enforce the requirements and put the state in
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compliance with federal law.
The DPH Division of Drinking Water and Environmental
Management is responsible for coordinating services and
activities pertaining to the safe use of public swimming
pools and other recreational water venues in the state. DPH
estimates that there are approximately 80,000 public
swimming pools throughout the state.
Consumer Product Safety Commission
The U.S. Consumer Product Safety Commission (CPSC) is
charged with protecting the public from unreasonable risks
of serious injury or death from thousands of types of
consumer products under the agency's jurisdiction. In
addition to pool and spa safety, the CPSC is committed to
protecting consumers and families from products that pose a
fire, electrical, chemical, or mechanical hazard. The CPSC
has published Guidelines for Entrapment Hazards: Making
Pools and Spas Safer to provide safety information that
will help identify and eliminate dangerous entrapment
hazards in swimming pools, wading pools, spas, and hot
tubs. They address the hazards of body entrapment, hair
entrapment/entanglement, and evisceration/disembowelment.
The guidelines are intended for use in building,
maintaining, and upgrading public and private pools and
spas, and are based on information assembled by the CPSC
from many sources, including the Association of Pool and
Spa Professionals (APSP), the National Swimming Pool
Foundation (NSPF), swimming pool and spa equipment
suppliers and maintenance firms, state health officials,
and voluntary standards organizations. The commission
believes that following these guidelines can reduce the
possibility of body entrapment, hair
entrapment/entanglement, and evisceration, which can have
life-threatening consequences. However, these guidelines do
not contain all possible approaches for addressing the
identified hazards.
Related legislation
SB 107 (Alquist), Chapter 335, Statutes of 2008, requires a
wave pool operator to comply with specified safety
requirements, including the use of life vests, assignment
of lifeguards, wave action suspense procedures, and
requirements that children under 42 inches in height be
accompanied by a parent. Requires the operator to post
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these requirements.
AB 2977 (Mullin), Chapter 478, Statutes of 2006, enacted
the Swimming Pool and Spa Safety Act of 2006, which
expanded prescribed safety features that should be
installed in private, residential swimming pools, and on
all doors of the residence providing direct access to the
pool. Provides that prior to the issuance of any final
approval for the completion of permitted construction or
remodeling work, the local building official shall inspect
to ensure that the prescribed standards are met and that
the drowning prevention safety features are in good working
condition.
SB 1726 (Vasconcellos), Chapter 679, Statutes of 2002,
requires, whenever a construction permit is issued for the
construction of a new private swimming pool or spa, that
the suction outlet of the pool or spa meet specified
standards, including having at least two main drains per
pump, set at least three feet apart. Prescribes standards
for any owner of a new swimming pool or spa who chooses to
install a backup system in addition to the above
requirements. Requires the Director of Health Services to
review standards relating to entrapment hazards in swimming
pools and spas within 90 days of their adoption by the
United States Consumer Product Safety Commission and to
make recommendations to the Governor and the Legislature
regarding their adoption by the state.
AB 2455, (Negrete McLeod) of 2002 would have required,
whenever a construction permit is issued for construction
of a new swimming pool or spa, or a building permit is
issued for the remodeling of an existing pool or spa at a
private, single family home, that the swimming pool or spa
shall be equipped with at least two specified drowning
prevention safety features. Held in suspense in the Senate
Appropriations Committee.
AB 359 (Cardoza)of 2001 would have required the State
Department of Health Services to adopt regulations, on or
before December 31, 2002, that provide standards for
protection against entrapment in swimming pools and spas
and would have subjected the regulations to the review and
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approval of the California Building Standards Commission.
Hearing canceled in the Senate Health and Human Services
Committee, at the request of the author.
AB 873 (Vasconcellos), Chapter 913, Statutes of 1997,
requires public wading pools to have specified
characteristics to prevent entrapment and suction injuries,
and expands existing law to require all pre-1975 public
swimming pools to be retrofitted with ground fault circuit
interrupters.
Arguments in support
The Association of Regional Center Agencies says that some
of the greatest tragedies they see in their caseloads are
normally developed children who become eligible for
regional center services after a near-death drowning
accident resulting in brain damage. The Pool Safety
Council supports this measure because the VGB Act will help
eliminate entrapment and drowning accidents in California.
They believe the passage of the VGB Act was a victory for
pool safety advocates, parents, and communities nationwide,
and encourage California to codify, yet not expand upon,
the provisions of the VGB Act.
Support if amended
The Spa and Pool Education Council (SPEC) supports the
policy direction of the bill, and believes that a uniform
interpretation and consistency in the enforcement of the
law across all counties, is key to compliance from
everyone. They cite that the form developed by DPH for
owners to demonstrate compliance should help accomplish
uniformity. They remain concerned with the technical issue
of whether a skimmer equalizer line should be explicitly
excluded from the definition of a main drain. The latest
amendments from the author may adequately address their
concerns.
The California Conference of Directors of Environmental
Health (CCDEH) is also in support if amended, and expresses
concern over the administration of the DPH surcharge. It is
unclear if the latest amendments from the author would
satisfy these concerns.
Arguments in opposition
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The Modoc County Health Services Environmental Health
Department opposes the state-mandated surcharge this bill
would impose on public pools, and the requirement that
local jurisdictions bill, collect, and remit money to the
state. Modoc County has only three seasonal public pools
and does not charge fees for the inspection of those pools,
as long as the pools are in compliance. They note that
local jurisdictions have been managing pool programs for
many years with few problems, and that the state has
historically not provided much support. They believe
amending the bill to remove the state surcharge would be
more prudent for the efficiency of smaller jurisdictions.
PRIOR ACTIONS
Assembly Floor: 74-1
Assembly Appropriations:13-0
Assembly Health: 19-0
COMMENTS
1. Funding
It is unclear how the author and sponsor determined the
fee structure of one dollar for local jurisdictions and
five dollars for the state. It is not clear what role the
state has in supporting local efforts to enforce the
existing pool safety standards, nor what costs the
department incurs that the fees would actually cover.
Also, the VGB Act stipulated that there would be funds
appropriated for states meeting specified criteria to
enforce the Act. It is unclear whether the department
has factored this in as a potential funding source for
the enforcement of this bill.
2. Compliance form
The compliance form is required to include identification
of the type of "anti-entrapment device or system" and the
type of "device or system designed to prevent physical
entrapment" that were installed in a public swimming
pool. The distinction between the two is not clear.
Also, the author's intent to subject a qualified
individual to potential disciplinary action at the
discretion of the licensing authority, for material
failure to comply with specified provisions is also
unclear.
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3. Additional clarification
It is unclear why the author excluded drain disablement
from the list of devices or systems designed to prevent
entrapment, when a pool has only one blockable main
drain.
POSITIONS
Support: California Department of Public Health (sponsor)
Association of Regional Center Agencies
California Association of Realtors
California Conference of Directors of Environmental
Health (if amended)
California Professional Firefighters
California State PTA
Pool Safety Council
Spa and Pool Education Council (if amended)
Western Manufactured Housing Communities Association
Oppose: Modoc County Health Services Environmental Health
Department
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