Bill Text: CA AB1020 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public swimming pools: anti-entrapment devices and

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 267, Statutes of 2009. [AB1020 Detail]

Download: California-2009-AB1020-Amended.html

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BILL NUMBER: AB 1020	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Members Emmerson and Ma

                        FEBRUARY 27, 2009

   An act to add Section 116064.1 to the Health and Safety Code,
relating to swimming pools, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1020, as amended, Emmerson. Public swimming pools:
anti-entrapment devices and systems.
   Under existing law, public wading pools, as defined, are required
to equip drain suction outlets with specified anti-entrapment grates
to prevent physical entrapment of the bathers. Under existing law,
the Swimming Pool Safety Act, public swimming pools are exempted from
that act's requirements that newly constructed pools be equipped
with specified safety features, including anti-entrapment grates for
drain suction outlets.
   This bill would require a public swimming pool, as defined, to be
equipped with anti-entrapment devices or systems that meet ASME/ANSI
or ASTM performance standards, as specified. It would also require a
public swimming pool with a single main drain that is not an
unblockable drain to meet at least one of the specified standards.
The bill would impose timeframes by which its requirements must be
met.
   The bill would also specify that any amendments or successors to,
or later published editions of, ASME/ANSI or ASTM performance
standards relating to anti-entrapment devices or systems would become
the applicable standard in California 90 days after publication by
ASME/ANSI or ASTM, respectively, provided that the amendments,
successors, or later published editions are approved by the
department within that 90-day period. The bill would require that if
the department approves an amendment or successor to, or later
published edition of, a performance standard, the department would be
required to adopt and file with the Secretary of State a regulation
to that effect.
   The bill would require the department to develop, and public
swimming pool owners and operators to file, a form to indicate
compliance with the requirements of the bill, as specified. The form
would be required to include a certification, signed under penalty of
perjury, by either a state-licensed contractor or professional
engineer that the information provided on the form is true, thereby
constituting a violation of the existing crime of perjury.
   Violation of the requirements of the bill would constitute a
misdemeanor. By creating new crimes, the bill would impose a
state-mandated local program.
   By imposing new duties on local building officials, the bill would
impose a state-mandated local program.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 116064.1 is added to the Health and Safety
Code, to read:
   116064.1.  (a) As used in this section, the following words have
the following meanings:
   (1) "ASME/ANSI performance standard" means a standard that is
accredited by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
   (2) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
   (3) "Main drain" means a submerged suction outlet typically
located at the bottom of a swimming pool that conducts water to a
recirculating pump.
   (4) "Public swimming pool" means  any   an
 outdoor or indoor structure  intended for swimming or
recreational bathing   , whether in-ground or
above-ground, intended for swimming or recreational bathing,
including a hot tub, spa, or portable spa,  that is open to the
public generally, whether for a fee or free of charge, open
exclusively to members of an organization and their guests, residents
of a multiunit apartment building, apartment complex, residential
real estate development, or other multifamily residential area, or
patrons of a hotel or other public accommodations facility.
   (5) "Safety vacuum release system" means a vacuum release system
that ceases operation of the pump, reverses the circulation flow, or
otherwise provides a vacuum release at a suction outlet when a
blockage is detected.
   (6) "Unblockable drain" means a drain of any size and shape that a
human body cannot sufficiently block to create a suction entrapment
hazard.
   (b) Any amendments or successors to, or later published editions
of, ASME/ANSI or ASTM performance standards relating to
anti-entrapment devices or systems shall become the applicable
standard in California 90 days after publication by ASME/ANSI or
ASTM, respectively, provided that the amendments, successors, or
later published editions are approved by the department within 90
days of the publication of the performance standards by ASME/ANSI or
ASTM, respectively. Notwithstanding any other law, the adoption of
rules and regulations pursuant to this section shall not be subject
to the rulemaking requirements of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code), except that, if the department
approves an amendment or successor to, or later published edition of,
a performance standard, the department shall adopt and file with the
Secretary of State a regulation to that effect.
   (c) Subject to subdivisions (e) to (g), inclusive, every public
swimming pool shall be equipped with anti-entrapment devices or
systems that comply with ASME/ANSI performance standard A112.19.8, as
in effect on the date immediately prior to the effective date of
this section, or any applicable ASME/ANSI performance standard that
has been adopted by the department pursuant to subdivision (b).
   (d) Subject to subdivisions (e) to (g), inclusive, every public
swimming pool with a single main drain that is not an unblockable
drain shall be equipped with at least one or more of the following
devices or systems that are designed to prevent physical entrapment
by pool drains:
   (1) A safety vacuum release system that has been tested by a
department-approved independent third party and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on the date
immediately prior to the effective date of this section, or any
applicable ASME/ANSI performance standard that has been adopted by
the department pursuant to subdivision (b), or ASTM performance
standard F2387, as in effect on the date immediately prior to the
effective date of this section, or any applicable ASTM performance
standard that has been adopted by the department pursuant to
subdivision (b).
   (2) A suction-limiting vent system with a tamper-resistant
atmospheric opening, provided that it conforms to any applicable
ASME/ANSI or ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
   (3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard that has been adopted by the department pursuant
to subdivision (b).
   (4) An automatic pump shut-off system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard that has been
adopted by the department pursuant to subdivision (b).
   (5) Any other system that is deemed, in accordance with federal
law, to be equally effective as, or more effective than, the systems
described in paragraphs (1) to (4), inclusive, at preventing or
eliminating the risk of injury or death associated with pool drainage
systems.
   (e) Subdivisions (c) and (d) shall apply to every public swimming
pool constructed on or after December 19, 2009.
   (f) Commencing December 19, 2009, whenever a construction permit
is issued for the alteration of an existing public swimming pool,
that public swimming pool shall be retrofitted so as to be in
compliance with this section.
   (g) A public swimming pool constructed prior to December 19, 2009,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than December 19, 2011.
   (h) Within 90 days of the effective date of this act, the
department shall issue a form for use by owners and operators of
public swimming pools to indicate compliance with this section. The
department shall consult with county health officers and directors of
departments of environmental health in developing the form and shall
post the form on the department's Internet Web site. The form shall
include, but not be limited to, the following information:
   (1) A statement of whether the pool operates with a single or
split main drain.
   (2) Identification of the type of anti-entrapment device or system
that has been installed and the date of installation.
   (3) Identification of the type of device or system designed to
prevent physical entrapment that has been installed and the date of
installation.
   (4) A signature and license number of either a state-licensed
contractor whose license permits the contractor to work on swimming
pools and related equipment or a state-licensed professional engineer
with experience with public swimming pools who certifies under
penalty of perjury that the information provided on the form is true.

   (i) Each public swimming pool owner or operator shall file a
completed copy of the form issued by the department pursuant to this
section with the city or county department of environmental health in
the city or county in which the swimming pool is located. The form
shall be filed within 30 days following the completion of the
swimming pool construction or installation required pursuant to
subdivisions (e) to (g), inclusive. The public swimming pool owner or
operator shall not make a false statement, representation,
certification, record, report, or otherwise falsify information that
he or she is required to file or maintain pursuant to this section.
   (j) In enforcing this section, health officers and directors of
city or county departments of environmental health shall consider
documentation filed on or with the form issued pursuant to this
section by the owners and operators of public swimming pools as
evidence of compliance with this section. A city or county department
of environmental health may verify the accuracy of the information
filed on or with the form.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to conform state law with federal requirements for the
prevention of drowning, at the earliest possible time, it is
necessary that this act take effect immediately.