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

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-Enrolled.html

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BILL NUMBER: AB 1020	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JULY 23, 2009
	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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1020, Emmerson. Public swimming pools: anti-entrapment devices
and systems.
   (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 that are separated by a distance of at least 3 feet
in any dimension between the drains.
   This bill would authorize the State Department of Public Health 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 the 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 the department, until January 1, 2014,
to assess a fee, as prescribed, but in an amount not to exceed $6, to
defray the department's costs of carrying out its duties under the
bill. The local health department would be required to collect the
fee and would be authorized to retain a portion of this fee in an
amount necessary to cover the administrative costs of collecting the
fee, but in an amount not to exceed $1. The applicable local health
department would be required to 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 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 the department's
duties under the bill.
   Violation of these requirements 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
health officials, 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.
   (3) 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.


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 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.
   (d) The commission may publish, stockpile, and sell at a
reasonable price the code and 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.
   (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 a city or county that
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.
  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. 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, 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.

   (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).
   (c) Subject to 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 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 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 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 that 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
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 July 1, 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
prior to September 30, 2010:
   (1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (h).
   (2) (A) File a signed statement attesting that the required work
has been completed.
   (B) Provide a document containing the name and license number of
the qualified individual who completed the required work.
   (C) Provide either a copy of the final building permit, if
required by the local agency, or a copy of one of the following
documents if no permit was required:
   (i) A document that describes the modification in a manner that
provides sufficient information to document the work that was done to
comply with federal law.
   (ii) A copy of the final paid invoice. The amount paid for the
services may be omitted or redacted from the final invoice prior to
submission.
   (g) 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 devices or
systems that have been installed pursuant to subdivision (c) and the
date or dates of installation.
   (3) Identification of the type of devices or systems designed to
prevent physical entrapment that have been installed pursuant to
subdivision (d) in a public swimming pool with a single main drain
that is not an unblockable drain and the date or dates 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 qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (g) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
   (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 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.
   (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) (1) Until January 1, 2014, the department may assess an annual
fee on the owners of each public swimming 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 six dollars ($6).
   (2) The local health department may retain a portion of the fee
collected pursuant to paragraph (1) in an amount necessary to cover
the administrative costs of collecting the fee, but in no case to
exceed one dollar ($1).
   (3) 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.
   (4) Owners that are exempt from local swimming pool permit fees
shall also be exempt from the fees imposed pursuant to this
subdivision.
   (5) Except as provided in paragraph (2), 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. 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.