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

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

---

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

---

BILL NUMBER: AB 1020	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	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   Sections
116064.1 and 116064.2  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  an existing 
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   an existing  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  ,
subject to exceptions, as specified  . 
   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 that every newly constructed public
swimming pool have at least 2 main drains per pump that are
hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and be separated by a distances of at least 3 feet in
  any dimension between the drains.  
   Subsequent to the effective date of the bill, the State Department
of Public Health is authorized to approve amendments or successors
to these standards. 
   The bill would require the department to develop, and  a 
public swimming pool  owners and operators  
owner  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   by a qualified individual, as defined, that
prescribed factual  information provided on the form is true
 , thereby constituting a violation of the existing crime of
perjury  . 
   This bill would declare the intent of Legislature to occupy the
whole field of health and safety standards for public swimming pools
and to preempt all local health and safety standards relating to
public swimming pools.  
   This bill would authorize local health departments to impose a fee
on the owners of public swimming pools to cover the costs of
enforcement incurred pursuant to the bill, in an amount not to exceed
the actual costs of enforcement.  
   This bill would also authorize the department, until January 1,
2014, in addition to any fee imposed by local health officials
pursuant to the bill, to assess a fee, as prescribed, to defray the
department's costs of carrying out its duties under the bill. The
applicable local health department would be required to collect this
fee, and transmit the fee collected to the Controller for deposit
into the Recreational Health Fund, created by the bill. Money in that
fund would be available, upon appropriation by the Legislature, for
carrying out its duties under the bill. 
   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  and local
h   ealth 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. 

   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 no reimbursement is required by this
act for specified reasons. 
   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.  The Legislature finds and declares that the public
health interest requires that there be uniform statewide health and
safety standards for public swimming pools to prevent physical
entrapment and serious injury to children and adults. It is the
intent of the Legislature to occupy the whole field of health and
safety standards for public swimming pools and the requirements
established in this article and the regulations adopted pursuant to
this article shall be exclusive of all local health and safety
standards relating to public swimming pools. 
   SECTION 1.   SEC. 2.   Section 
116064.1   116064.2  is added to the Health and
Safety Code, to read:
    116064.1.   116064.2.   (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 an outdoor or indoor structure,
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.   swimming pool, hot tub, spa,
portable spa, or nonportable wading pool, that is any of the
following:  
   (A) Open to the public generally, whether for a fee or free of
charge.  
   (B) 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.  
   (C) Located on the premises of an athletic club, or public or
private school. 
   (5) "Qualified individual" means a contractor who holds a current
valid license issued by the State of California or a professional
engineer licensed in the State of California who has experience
working on public swimming pools.  
   (5) 
    (6)  "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) 
    (7)  "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 
    (b)     Subject to subdivision (c), an
ASME/ANSI or ASTM performance standard relating to anti-entrapment
devices or systems or an amendment or successor to, or later
published edition of an ASME/ANSI or ASTM performance standard
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 performance
standard or amendment or successor to, or later published edition is
approved by the department within 90 days of the publication of the
performance standard by  ASME/ANSI or ASTM, respectively.
Notwithstanding any other law, the  adoption of rules and
regulations pursuant to this section   department may
implement, interpret, or make specific the provisions of this section
by means of a policy letter or similar instruction and this action
by the department  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  a
performance standard or  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
  and (f)  , 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
  and (f)  , 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.  
   (e) Every public swimming pool constructed on or after January 1,
2010, shall have at least two main drains per pump that are
hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and are separated by a distance of at least three feet
in any dimension between the drains. A public swimming pool
constructed on or after January 1, 2010, that meets the requirements
of this subdivision, shall be exempt from the requirements of
subdivisions (c) and (d).  
   (g) 
   (f)  A public swimming pool constructed prior to 
December 19, 2009   January 1, 2010  , shall be
retrofitted to comply with subdivisions (c) and (d) by no later than
December 19,  2011.   2010, except that no
further retrofitting is required for   a public swimming
pool that completed a retrofit between December 19, 2007, and January
1, 2010, that complied with the Virginia Graeme Baker Pool and Spa
Safety Act (15 U.S.C. Sec. 8001 et seq.) as in effect on the date of
issue of the construction permit, or for a nonportable wading pool
that completed a retrofit prior to January 1, 2010, that complied
with state law on the date of issue of the construction permit. 

   (h) 
    (g)  Within 90 days of the effective date of this
 act   section  , the department shall
issue a form for use by  owners and operators of public
swimming pools   an owner of a public swimming pool
 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 be
completed by the owner of a public swimming pool prior to filing the
form with the appropriate city, county, or city and county department
of environmental health.  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  or the
reason why the requirement is not applicable  .
   (3) Identification of the type of device or system designed to
prevent physical entrapment that has been installed and the date of
installation  or the reason why the requirement is not applicable
.
   (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.   a qualified individual who certifies
that the factual information provided on the form in response to
paragraphs (1) to (3), inclusive, is true.  
   (i) 
    (h)  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   city, county, or city and county 
department of environmental health in the  city or county
  city, county, or city and 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   and (f)  . 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) 
   (i)  In enforcing this section, health officers and
directors of  city or county   city, county, or
city and 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   owner of a public swimming pool  as
evidence of compliance with this section. A  city or county
  city, county, or city and county  department of
environmental health may verify the accuracy of the information filed
on or with the form. 
   (k) To the extent that the requirements for public wading pools
imposed by Section 116064 conflict with this section, the
requirements of this section shall prevail.  
   (l) Local health departments may impose a fee on owners of public
swimming pools to cover the costs of enforcement imposed pursuant to
Section 116064.1 and this section, in an amount not to exceed the
actual cost of enforcement.  
   (m) (1) Until January 1, 2014, and in addition to any fee imposed
by local health officials pursuant to subdivision (l), the department
may assess an annual fee on the owners of public swimming pools, to
be collected by the applicable local health department, in an amount
not to exceed the amount necessary to defray the department's costs
of carrying out its duties under Section 116064.1 and this section.
 
   (2) The local health department shall transmit fees collected
pursuant to paragraph (1) to the Controller for deposit into the
Recreational Health Fund, which is hereby created in the State
Treasury. Notwithstanding Section 16305.7 of the Government Code,
interest and dividends on moneys in the Recreational Health Fund
shall also be deposited in the fund. Moneys in the fund shall, upon
appropriation by the Legislature, be available to the department for
carrying out its duties under Section 116064.1 and this section.

   SEC. 2.   SEC. 3.   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.  
   No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for certain other costs
that may be incurred by a local agency or school district because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code. 
   SEC. 3.   SEC. 4.   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.