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 SENATE  JULY 9, 2009
	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  amend Section 18942 of, and to  add 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 
    (1)     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 an existing public swimming pool, as
defined, to be equipped with anti-entrapment devices or systems that
meet ASME/ANSI or ASTM performance standards. It would also require
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 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  
distance  of at least 3 feet in any dimension between the
drains. 
   Subsequent to the effective date of the bill, 
    This bill would authorize  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 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 by a qualified individual, as defined, that
prescribed factual information provided on the form is true  to
the best of his or her knowledge  .
   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  actual
 costs of enforcement incurred pursuant to the bill,  but
 in an amount not to exceed  the actual costs of
enforcement   $1  .
   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,  but in an
amount not to exceed $5,  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   bill the
owner of each public swimming pool in its jurisdiction for the
amount of the state fee and remit money collected to the Controller.
The bill would require a local health department to submit to the
department, every 6 months, a list containing specified information
regarding owners of public swimming pools who have failed to pay the
state fees for more than 90 days, as prescribed. The bill would
require any moneys collected from this state fee by either the local
health department or the department  to  the Controller
for deposit   be deposited  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   the department's  duties under the
bill.
   Violation of  the   these  requirements
 of the bill  would constitute a misdemeanor. By
creating new crimes, the bill would impose a state-mandated local
program. 
   (2) Existing law requires the California Building Standards
Commission to publish editions of the California Building Standards
Code, as prescribed. Existing law requires the commission to publish
the text of specified statutes in the code.  
   This bill would require the commission to publish the text of
specified provisions of the bill within the California Building
Standards Code, as prescribed. 
   By imposing new duties on local building officials and local
health 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 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   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


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

   SECTION 1.    Section 18942 of the   Health
and Safety Code   is amended to read: 
   18942.  (a) The commission shall publish, or cause to be
published, editions of the code in its entirety once in every three
years. In each intervening year the commission shall publish, or
cause to be published, supplements as necessary. For emergency
building standards defined in subdivision (a) of Section 18913, an
emergency building standards supplement shall be published whenever
the commission determines it is necessary.
   (b) The commission shall publish the text of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division
104, within the  California Code of Regulations, Title 24,
Part 2  requirements for single-family residential
occupancies  contained in Part 2 of Title 24 of the California
Code of Regulations  , with the following note:
"NOTE: These regulations are subject to local government
modification. You should verify the applicable local government
requirements at the time of application for a building permit." 
   (c) The commission shall publish the text of Section 116064.2
within Part 2 of Title 24 of the California Code of Regulations.
 
   (c) 
    (d)  The commission may publish, stockpile, and sell at
a reasonable price the code and  any  materials
incorporated therein by reference if it deems the latter is
insufficiently available to the public, or unavailable at a
reasonable price. Each state department concerned and each city,
county, or city and county shall have an up-to-date copy of the code
available for public inspection. 
   (d) 
    (e)  (1) Each city, county, and city and county,
including charter cities, shall obtain and maintain with all
revisions on a current basis, at least one copy of the building
standards and other state regulations relating to buildings published
in Titles 8, 19, 20, 24, and 25 of the California Code of
Regulations. These codes shall be maintained in the office of the
building official responsible for the administration and enforcement
of this part.
   (2) This subdivision shall not apply to  any 
 a  city or county  which   that 
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.
   SECTION 1.   SEC. 2.   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.
   SEC. 2.  SEC. 3.   Section 116064.2 is
added to the Health and Safety Code, to read:
   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 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.
   (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. 
   (7) "Skimmer equalizer line" means a suction outlet located below
the waterline and connected to the body of a skimmer that prevents
air from being drawn into the pump if the water level drops below the
skimmer weir. However, a skimmer equalizer line is not a main drain.
 
   (7) 
    (8)  "Unblockable drain" means a drain of any size and
shape that a human body cannot sufficiently block to create a suction
entrapment hazard.
   (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 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.  
Code). 
   (c) Subject to  subdivisions (e) and  
subdivision  (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 
 December 31, 2009  , or any applicable ASME/ANSI
performance standard that has been adopted by the department pursuant
to subdivision (b).
   (d) Subject to subdivisions (e) 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
  December 31, 2009, 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   December 31, 2009  , 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) 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   subdivision  (d).
   (f) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than December 19, 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.  A public swimming pool owner who meets
the exception described in this subdivision shall do one of the
following:  
   (1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (h), prior to September
30, 2010.  
   (2) File a signed statement attesting to all of the following:
 
   (A) The required work has been completed.  
   (B) The name and license number of the qualified individual who
completed the work.  
   (C) A copy of the final building permit, if required by the local
agency, or a copy of another document that describes the
modifications if no building permit was required.  
   (D) A copy of the final paid invoice. 
   (g)  Within 90 days of the effective date of this section
  Prior   to March 31, 2010  , the
department shall issue a form for use by 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 a qualified individual who
certifies that the factual information provided on the form in
response to paragraphs (1) to (3), inclusive, is true  to the
best of his or her knowledge. 
    (h)     A material failure on the part of a
qualified individual to comply with subdivision (g) shall subject
that individual to potential disci   plinary action at the
discretion of the licensing authority  . 
   (h) Each 
    (i)     Except as provided in subdivision
(f), each  public swimming pool owner shall file a completed
copy of the form issued by the department pursuant to this section
with the city, county, or city and county department of environmental
health in the 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) and (f)  
this section or, if the construction or installation is completed
prior to the date that the department issues the form pursuant 
 to this section, within 30 days of the date that the department
issues the form  . 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. 
   (i) 
    (j)  In enforcing this section, health officers and
directors of 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 owner of a public
swimming pool as evidence of compliance with this section. A 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  in an amount  to cover the  actual 
costs of enforcement imposed  pursuant to Section 116064.1
and this section, in an amount not to exceed the actual cost of
enforcement.   pursuant to Section 116064.1 and 
 this section, but in no case shall this fee exceed one dollar
($1). 
   (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  each  public
swimming  pools   pool  , 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  but in no
case shall this fee exceed   five dollars ($5).  
   (2) The local health department shall bill the owner of each
public swimming pool in its jurisdiction for the amount of the state
fee. The local health department shall transmit the collected state
fee to the Controller for deposit into the Recreational Health Fund,
which is hereby created in the State Treasury. The local health
department shall not be required to take action to collect an unpaid
state fee, but shall submit to the department, every six months, a
list containing the name and address of the owner of each public
swimming pool who has failed to pay the state fee for more than 90
days after the date that the bill was provided to the owner of the
public swimming pool. 
    (3)     Owners that are exempt from local
  swimming pool permit fees shall also be exempt from the
fees imposed pursuant to this subdivision  . 
   (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. 
    (4)     All moneys collected by the
department pursuant to this section shall be deposited into the
Recreational Health Fund.  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  and shall not be redirected for any
other purpose  .
   SEC. 3.  SEC. 4.   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.
   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. 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.