BILL ANALYSIS �
AB 1726
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
AB 1726 (Allen) - As Amended: April 19, 2012
SUBJECT : Swimming pools: safety.
SUMMARY : Establishes the Public Pool Health and Safety Act of
2012 which requires an owner of a public swimming pool, as
defined, to employ at least one qualified pool operator, as
specified. Requires a pool operator training course (training
course) to be registered with and approved by the local
enforcing agency. Specifies requirements for the training
course. Specifically, this bill :
1)Defines a public swimming pool (public pool) as a pool that
complies with all of the following characteristics:
a) Is not a private pool;
b) Is operated by a public entity or that is a place of
public accommodation to which the federal American with
Disabilities Act applies; and,
c) Is not a pool that is located within a public lodging
providing no more than 15 rooms for public accommodation.
2)Requires an owner of a public pool to do all of the following:
a) Ensure that the public pool is operated by a pool
operator. Requires the owner to replace a vacancy in the
pool operator position within 90 days of the occurrence of
the vacancy if the owner employs only one pool operator;
b) Maintain and conspicuously post a current certificate of
a pool operator employed at the public pool for the
duration of the pool operator's employment; and,
c) Have originals or copies of a pool operator certificate
or documentation, as specified, for each pool operator
employed by the site available onsite for inspection by the
local enforcing agency.
3)States that every pool operator of a public pool shall be a
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qualified pool operator.
4)Requires a pool operator training course to be registered with
and approved by, the local enforcing agency.
5)Authorizes a local enforcing agency to charge a registration
fee, which shall not exceed the costs necessary to administer
the program.
6)Requires the pool operator training course to provide the
following:
a) At least 14 hours of instruction, including but not
limited to, information to provide the operator with a
working knowledge of the following elements:
i) At least two hours covering water disinfection,
including common disinfectants, contact time values,
bromine, chlorine, cyanuric acid, breakpoint or
superchlorination, hyperchlorination, combined chlorine,
secondary disinfection, and supplemental disinfection;
ii) At least two hours covering water chemistry,
including source water, water balance, saturation index,
water clarity, pH, total alkalinity, calcium hardness,
water temperature, and total dissolved solids;
iii) At least six hours covering operation and
maintenance of mechanical systems, including monitoring,
calibration, and maintenance of automatic controllers,
descriptions of common types of liquid, dry chemical, and
gas mechanical feeder systems, calculations of
circulation, main drains, gutters and surface skimmers,
mechanical system balance, circulation pump and motor,
valves, return inlets, filtration, filter backwashing,
and cleaning;
iv) At least two hours covering health and safety,
including recreational water illness (RWI), RWI
prevention, risk management, recordkeeping, chemical
safety, entrapment prevention, electrical safety, rescue
equipment, injury prevention, drowning prevention,
barriers, signage and depth markers, facility sanitation,
and emergency response; and,
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v) At least two hours covering operations, including
applicable regulations, aquatic facility types, daily or
routine operations, preventive maintenance, weatherizing,
aquatic facility renovation and design, heating, and air
circulation.
b) Administration of a written examination evaluating the
pool operator's subject knowledge. Requires the
examination to be approved by the local enforcing agency,
and given by the training course provider.
c) A description of the following procedures used to ensure
validity in evaluating subject knowledge:
i) Identity security procedures;
ii) Proctoring procedures; and,
iii) Testing procedures.
7)Provides that upon successful completion of a pool operator
training course and examination, as determined by the course
provider, a pool operator shall receive documentation
indicating the successful completion of the pool operator
training course and examination.
8)States that training and testing must be conducted by a person
or persons who are knowledgeable in pool operation, safety,
and maintenance and who are approved as a qualified pool
operator pursuant to this bill.
9)Provides that a current and valid pool operator training
certificate approved by a local or state agency and consistent
with this bill shall be accepted by all other local and state
agencies.
10)Makes the provisions of this bill effective on January 1,
2014.
11)Prohibits the provisions of this bill from applying to a city
or county that has an ordinance requiring public pool operator
training effective January 1, 2012.
12)Defines various terms, including:
a) "Local enforcing agency" means the local health agency
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of the county, city, or city and county. In jurisdictions
where multiple entities may be responsible for health and
environmental issues, the jurisdiction shall specify which
entity will be the local enforcing agency for purposes of
this bill.
b) "Private pool" is any constructed pool, permanent or
portable, which is intended for noncommercial and nonpublic
use as a swimming pool.
13)States the intent of the Legislature to adopt an aquatic
health code in California to protect the public from adverse
health conditions at public pools, that operation standards
and requirements are applied uniformly across the state, and
that pool owners and operators are afforded an opportunity to
reduce their exposure to user injury, illness, and liability.
EXISTING LAW :
1)Establishes, under federal law, the Virginia Graeme Baker Pool
Act (VGB Act), which among other provisions, specifies
requirements for anti-entrapment devices or systems for public
swimming pools. Provides grants to states for the
implementation of the VGB Act.
2)Establishes the Consumer Product Safety Commission (CPSC),
which among other functions, enforces the provisions of the
VGB Act.
3)Establishes within the Department of Public Health (DPH) the
Recreational Health Program to promote the safety of
recreational waters through the development of protective
standards, regulations, and monitoring requirements.
4)Establishes various requirements for public swimming pools,
including construction standards, persons providing aquatic
instruction, and, lifeguard service.
5)Requires every public swimming pool to be sanitary, healthful
and safe, including the following: swimming pool structure,
incidental equipment, operation, source of water supply,
amount and quality of water recirculated and in the pool,
method of water purification, lifesaving apparatus, measures
to insure safety of bathers, and measures to insure the
personal cleanliness of bathers.
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6)Requires every public swimming pool to be equipped with
anti-entrapment devices or systems that comply with the
American National Standards Institute/American Society of
Mechanical Engineers performance standards, as specified.
7)Requires DPH to make and enforce regulations pertaining to
public swimming pools, as specified.
8)Authorizes any health officer, or any inspector of DPH to
enter, at all reasonable times, all parts of the premises of a
public swimming pool to examine and investigate compliance
with specified requirements.
FISCAL EFFECT : This bill has not yet been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the sponsor, the National
Swimming Pool Foundation (NSPF), and the author, this bill is
necessary to help prevent drowning, injuries and the spread of
RWI at public swimming pools and spas by ensuring that all
public pools are maintained by well-trained pool operators.
There are over 65,000 public pools in California that serve
millions of visitors. California's regulations on public
swimming pools have not been updated since 1986 and do not
include operator training requirements. Improperly maintained
pools are expensive, and, if improperly balanced and
administered, the chemicals can cause pipe and filter erosion,
which can lead to disastrous chemical leaks that not only have
serious health consequences, but often cost pool owners
thousands of dollars. Nationally, California lags behind
other states in pool health and safety. As of December 2011,
24 states, including Florida and Texas, and Washington D.C.
require operator training.
The author cites the following incidents to justify the need for
this bill: "In California, during a 10 year time frame
(1998-2007) 186 chemical accidents or spills occurred at
public pools because of improper handling (DPH, Occupational
Health Branch, 12/2011). In 2006, a San Francisco County
Health Club worker poured muriatic acid (a common pool
chemical) into a pool chlorine backup by mistake, causing a
chlorine gas release. 20 people were evacuated and 12 were
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treated with oxygen at the scene by paramedics (California
Department of Public Health, Occupational Health Branch,
12/2011). In November 2010, a San Jose indoor swim club (De
Anza Cupertino Aquatics Swim Center) had a pipe break that
caused a higher concentration of chlorine in the pool. 16
people had respiratory symptoms, 15 (mostly children) were
transported to the hospital (San Jose Mercury News 11/2010).
In July 2010, Arcadia saw a pool incident where dozens of
children were evacuated and given medical treatment after a
chlorine leak. 30 people were treated by paramedics, 17 were
transported to local hospitals, where four were hospitalized
overnight (KABC TV, Los Angeles 7/19/2010). In 2006
Cryptosporidium caused illness for seven patrons and closed
the interactive fountain at Plaza de Cesar Chavez Park in San
Jose."
2)PUBLIC SWIMMING POOLS . Existing law and regulations require
public swimming pools, including commercial, community,
hotel/motel, club, apartment, public or private school,
townhouse/condo/mobile home park/home owner association, and
health establishment pools to comply with health, sanitation,
and use requirements. These requirements include those that
apply to purification and recirculation systems, clarity of
water, bacteriological and chemical quality of pool water,
cleaning and maintenance, and lifesaving devices. DPH, in
conjunction with the local health officers, is authorized to
enter and inspect public swimming pools for compliance.
3)MODEL AQUATIC HEALTH CODE . The federal Centers for Disease
Control and Prevention (CDC), through an initial grant from
the NSPF, is working with public health and industry
representatives across the country to prevent drowning,
injuries, and the spread of RWI at public swimming pools and
spas by crafting the Model Aquatic Health Code (MAHC).
According to the CDC, the MAHC will serve as a model and guide
for local state agencies needing to update or implement
swimming pool and spa code, rules or regulations governing the
design, construction, operation, and maintenance of pools
because there is currently no federal regulatory authority
responsible for disinfected aquatic facilities and all pool
codes are developed, reviewed, and approved by state and/or
local public health officials.
The MAHC Module Abstracts include the following:
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a) Operator Training Module . Outlines requirements for
operator training, including requirements for a training
course to be included in a curricula, instructor
qualifications, and certificate validity for up to five
years.
b) Ventilation Module . Aimed at improving air quality at
indoor aquatic facilities and reducing associated health
effects.
c) Risk Management/Safety Module . Outlines steps to manage
and reduce risks and associated health problems.
d) Facility Maintenance and Operation Module . Lays out the
foundation for operational improvements including closures,
manuals, windows, and lighting equipment requirements.
e) Hygiene Facilities Module . Outlines requirements for
swimmer hygiene and facility water to reduce associated
health risks.
f) Regulatory Program Administration Module . Outlines a
best practice and research-based protocol to ensure that
the aquatic facility is operating safely, including
building permits.
g) Disinfection and Water Quality Module . Addresses
recurring and emerging aquatic health issues relating to
inadequate disinfection and poor water quality.
4)POOL OPERATOR CERTIFICATION STUDY . To illustrate the
importance of the pool operator certification, which this bill
requires, the author provided a study to Committee staff
entitled "Association Between Swimming Pool Operator
Certification and Reduced Pool Chemistry Violations Nebraska,
2005-2006." According to the study, in December 2006, a
waterborne disease outbreak occurred as a result of chloramine
toxicity in an indoor motel swimming pool in Nebraska.
Mismanagement of this pool by an uncertified operator with no
verifiable training caused the toxicity, which affected 24
persons who experienced ocular and respiratory illness. In
this preventable outbreak, five persons required medical
attention, including a six-year-old boy who was hospitalized
in a pediatric intensive care unit for severe chemical
inflammation of his trachea and upper respiratory tract. As a
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result of this incident, the Nebraska Department of Health and
Human Services conducted a cross-sectional study of statewide
pool inspection data. The objective was to evaluate the
association between swimming pool operator certification and
training requirements, and water chemistry violations, which
are indicators of mismanagement of Nebraska pools. The study
identified 2,010 routine inspections from 894 Nebraska pools.
The study found that, in counties without operator
certification requirements, pool inspections were more likely
to have chlorine violations compared to those with
certification requirements.
5)DPH PROPOSED BUDGET PROPOSAL . DPH proposes to eliminate the
Recreation Health Program/Fund through the 2012-13 Budget
Process because existing law provisions, which codified the
VGB Act, will sunset in January 2014. Additionally, DPH
indicates that the goals of existing law have largely been met
through actions DPH has taken to provide a series of
informational and guidance memos to all the local
environmental health departments (LEHDs); distribute these
materials to pool owners and contractors through the LEHDs;
and, develop a pool owners compliance form and instructional
materials with input from the California Conference of
Directors of Environmental Health for distribution to LEHDs,
pool owners/operators, and pool contractors.
6)SUPPORT . Supporters, representing LEHDs, pool operators, and
training providers, state that pool operator training is the
most cost effective way to reduce illness and injuries as well
as minimize unscheduled closures and costly repairs of the
state's roughly 65,000 public pools. The California
Environmental Health Association writes that California has
yet to adopt the provisions of the MAHC that establish a
standardized public pool operator training program despite
being the state with the largest number of public pools, and
this bill will implement this provision at no cost to the
state. Aqua Design Group adds that properly trained operators
help protect the investment of public entities in the best
interest of public assets.
7)OPPOSITION . Opponents, representing hotel, lodging, apartment,
rental property, and mobilehome owners and operators, contend
that this bill is overly burdensome and unnecessary, given
that federal, state, and local standards are already well
developed and assiduously followed by landlords and managers
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and that counties already inspect public swimming pools
frequently. The California Hotel & Lodging Association
maintains that lodging facilities already maintain their pools
to the highest standards as guests would not return to their
properties otherwise. Apartment and rental property groups
argue that there is no evidence to support that more education
is necessary or will lead to greater compliance and they
object to this bill unless it is amended to exempt residential
rental property, which are private accommodations and not
transient in nature. The California Mobilehome Parkowners
Alliance (CMPA) notes in opposition that a swimming pool
located in a mobilehome park is not available for use by the
general public and CMPA is unaware of any serious health
problems associated with swimming pools in mobilehome parks
that would warrant the burdens imposed by this bill.
8)RELATED LEGISLATION . AB 2114 (Smyth), pending in the Assembly
Appropriations Committee, makes numerous technical updates to
state law governing safety standards for swimming pools and
spas.
9)PREVIOUS LEGISLATION . AB 2010 (Emmerson), Chapter 267,
Statutes of 2009, conforms state law to the VGB Act and
permits DPH to assess a $6 fee to cover specified
implementation costs.
10)POLICY CONSIDERATIONS .
a) Status of the MAHC development process . According to
CDC's Internet Website, the adoption process of the MAHC is
still ongoing. Given that the process is not final, the
author may wish to address if and to what extent this bill
is premature.
b) DPH Budget Proposal and Enforcement . As indicated
above, DPH is proposing to eliminate its Recreational
Health Program in the 2012-13 Budget. If this proposal is
adopted, it will eliminate DPH's enforcement authority over
public pools and shift the role of oversight to local
enforcement agencies. With this in mind, will the
requirements in this bill put additional strain on local
enforcement agencies?
c) Local Government . The requirements of this bill also
apply to cities and/or counties that own and operate local
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pools. Depending on the number of pools that a local
government owns and operates, the costs associated with
employing a certified pool operator could be considerable.
At a time when many of these local pools are struggling
financially to provide services (e.g. the City of
Sacramento launched a fundraising drive with Save Mart
Grocery Stores to keep 12 of the cities pools open that
would have otherwise closed due to financial constraints),
are the justifications provided in this bill sufficient to
warrant the need for a new training program?
d) Pool Operator Certification and Training Requirements .
i) Should cities and counties be authorized to
formulate and establish their own certification and
training program, rather than rely on private providers?
ii) This bill requires the pool training course to be
registered with the local enforcing authority, which can
charge a registration fee. Should this bill require one
uniform registration fee applicable to all local
governments? Additionally, for purposes of uniform
enforcement, should this bill include procedures for the
suspension or revocation of certificates?
iii) To ensure that a pool operator training course meets
local approval, should local governments be required to
compile a list of pool operator training providers for
distribution to the public?
iv) Should this measure include the length of time that
the certificate is valid? The author and sponsor
indicate that, generally, a certificate is valid for five
years, but this timeframe is not specified in the bill.
The author may wish to clarify this.
v) This bill also requires a pool operator to take a
written examination as a condition of certification. To
establish a consistent approach for local enforcing
agencies, it may be necessary to include guidelines for
the passing score, and security procedures to ensure the
integrity of examination questions.
vi) The reciprocity provisions in the bill state that a
valid operator training certificate will be accepted by
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all other local and state agencies but does not specify
procedures for the transferability of certificates. The
author may wish to include procedures for implementing
the reciprocity requirements in this bill.
e) Employment . This bill requires the pool operator's
certificate to be posted at the public pool for the
duration of the operator's employment, and requires a pool
owner to replace a pool operator vacancy within 90 days.
Is it the intent of the author that the certificated pool
operator be employed, and available at the pool facility
during specified hours? If not, the author may wish to
clarify this.
REGISTERED SUPPORT / OPPOSITION :
Support
National Swimming Pool Foundation (sponsor)
Another Perfect Pool
Aqua Source, Inc.
Aquatic Design Group
Aquatrends Commercial Pool Services
California Conference of Directors of Environmental Health
California Environmental Health Association
California Spa & Pool Industry Education Council
Clear Waters Unlimited
Commercial Pool Systems, Inc.
Menlo Swim & Sport
Swim Pool Safe
Opposition
Apartment Association, California Southern Cities
Apartment Association of Orange County
California Association of Bed & Breakfast Inns
California Hotel & Lodging Association
California Mobilehome Parkowners Alliance
East Bay Rental Housing Association
NORCAL Rental Property Association
Analysis Prepared by : Rosielyn Pulmano / HEALTH / (916)
319-2097
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