Bill Text: CA AB1161 | 2019-2020 | Regular Session | Enrolled
Bill Title: Recreational water use: wave basins.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2020-09-30 - Vetoed by Governor. [AB1161 Detail]
Download: California-2019-AB1161-Enrolled.html
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Enrolled
September 01, 2020 |
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Passed
IN
Senate
August 28, 2020 |
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Passed
IN
Assembly
August 30, 2020 |
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Amended
IN
Senate
August 07, 2020 |
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Amended
IN
Senate
July 01, 2019 |
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Amended
IN
Assembly
April 25, 2019 |
|
Amended
IN
Assembly
March 28, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1161
| Introduced by Assembly Members Calderon and Salas |
February 21, 2019 |
An act to add Article 2.8 (commencing with Section 115960.1) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1161, Calderon.
Recreational water use: wave basins.
Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use.
This bill would similarly establish, under the supervision of the State Department of Public Health, standards for a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device for generating waves with suitable characteristics for surfing.
The bill would require a wave basin to be under the supervision of a wave basin operator, with specified responsibilities, and be subject to inspection by the enforcing agent, as defined. The bill would establish standards for the construction, use, operation, and maintenance of wave basins, including, but not limited to, standards for recordkeeping; water treatment, clarity, and characteristics; lifeguard service, first aid, and safety; and employee and wave basin user health. The bill would make a person who violates any of its provisions, or related building standards, rules, and regulations, guilty of a misdemeanor, punishable by a fine, imprisonment, or by both a fine and imprisonment. By creating a new crime, and by imposing new inspection duties on local public health enforcing agents, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 2.8 (commencing with Section 115960.1) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:Article 2.8. Wave Basin Standards
115960.1.
The following definitions apply for purposes of this article:(a) “Department” means the State Department of Public Health.
(b) “Enforcing agent” means the local health officer, director of environmental health, registered environmental health specialist, environmental health specialist trainee, or an inspector of the department.
(c) “Lifeguard services” means the attendance at a wave basin, during periods of use, of one or more lifeguards who possess, as minimum qualifications,
current certificates from a lifeguard training program of the American Red Cross or YMCA of the U.S.A. or have equivalent qualifications, as determined by the department, and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation in conformance with Section 123725 and the regulations adopted thereunder, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. “Lifeguard services” includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing surfing lessons, coaching, or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services.
(d) “Wave
basin” means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device for generating waves with suitable characteristics for surfing.
115960.2.
(a) Unless otherwise specified in this article, Article 5 (commencing with Section 116025) of this chapter and Chapter 20 (commencing with Section 65501) of Title 22 of, and Chapter 31B (commencing with Section 3101B) of Title 24 of, the California Code of Regulations, do not apply to a wave basin, as defined in Section 115960.1.(b) (1) A wave basin shall be operated in accordance with a water safety program that includes specialized water safety personnel, training, procedures, and equipment.
(2) All components of the water safety program shall be in compliance with the most
current life safety guidelines appropriate for surfing-related activities from the American Red Cross or other applicable certifying entity.
(c) A person proposing to construct, renovate, or alter a wave basin shall file a copy of the plans therefor, prior to construction, renovation, or alteration with the local health officer within the jurisdiction for
approved permitting, similar to public pools, under the local jurisdiction.
(d) A person operating or maintaining a wave basin shall do so in a sanitary, healthful, and safe manner.
115960.3.
(a) A wave basin shall be under the supervision of a wave basin operator.(b) The wave basin operator shall maintain written wave basin operating procedures at the wave basin site for use by the wave basin operator and for inspection by the enforcing agent.
(c) The wave basin operator shall maintain manufacturers’ instructions for the operation and maintenance for all mechanical and electrical equipment and water treatment systems at the wave basin site for use by the wave basin operator and for inspection by the enforcing agent.
115960.4.
(a) Except as provided in Section 116048, during business hours, the wave basin operator of every wave basin shall test the disinfectant residual and pH of the wave basin water a minimum of once per day. The wave basin operator shall also test heated wave basins’ water temperature a minimum of once per day. The wave basin operator may perform these daily tests using a properly calibrated automatic chemical monitoring and control system if approved by the enforcing agent and in accordance with the manufacturer’s equipment specifications for calibration and directions for proper use. The wave basin operator shall maintain a written daily record of all test results, equipment readings, calibrations, and corrective action taken at the wave basin site.(b) If the wave basin operator adds cyanuric acid to the water at a wave basin, the wave basin operator shall measure the cyanuric acid concentration in the water a minimum of once per month and shall maintain a written record of these test results and all corrective action taken at the wave basin site.
(c) The wave basin operator shall test monochloramine, or other disinfectant as determined by the department, at a frequency required to maintain maximum concentrations below 0.4
ppm. The wave basin operator shall maintain a written record of these test results and all corrective action taken at the wave basin site.
(d) The wave basin operator shall maintain a written record of routine maintenance and repairs to the wave basin at the wave basin site.
(e) If a fecal, vomit, or blood contamination or a near-drowning or drowning incident occurs in a wave basin, the wave basin operator shall record the incident in accordance with the requirements of Section 115960.22 and shall identify the affected wave basin in the incident record if there is more than one wave basin at the wave basin site. This record shall be maintained at the wave basin site.
(f) The wave basin operator shall maintain data and
records collected pursuant to this section for at least two years for inspection by the enforcing agent and shall submit all data and records to the enforcing agent upon request.
115960.5.
(a) A person providing aquatic instruction, including, but not limited to, surfing instruction, water safety instruction, water contact activities, and competitive aquatic sports, at a wave basin shall possess current certificates from an Ellis and Associates, American Red Cross, or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department. In addition, these persons shall be certified in standard first aid and cardiopulmonary resuscitation (CPR). All these persons shall meet these qualifications by January 1, 2022. Persons who only disseminate written materials relating to water safety are not persons providing aquatic instruction within the meaning of this section.(b) The requirements of this section shall be waived under either of the following circumstances:
(1) When one or more aquatic instructors possessing the current certificates from an Ellis and Associates, American Red Cross, or YMCA of the U.S.A. lifeguard training program, or the equivalent, are in attendance continuously during periods of aquatic instruction.
(2) When one or more lifeguards meeting the
qualifications described in subdivision (c) of Section 115960.1 are in attendance continuously during periods of aquatic instruction.
115960.6.
The local jurisdiction has jurisdiction over the sanitation and safety of a wave basin. The department may adopt regulations regulating sanitation and safety.115960.7.
A wave basin, including wave basin structure, appurtenances, operation, source of water supply, amount and quality of water recirculated and in the basin, method of water purification, lifesaving apparatus, measures to ensure safety of users, and measures to ensure personal cleanliness of users so that the wave basin is at all times sanitary, healthful, and safe.115960.8.
(a) The wave basin operator shall operate pumps, filters, disinfectant and chemical feeders, flow indicators, gauges, recirculation systems, disinfection systems, and all parts of the water treatment system whenever the wave basin is available for use, and at additional times and for additional periods as may be necessary to maintain clear wave basin water and the disinfection standards as required in Section 115960.9.(b) The wave basin operator shall maintain clear wave basin water
while the wave basin is in
use, such that resuscitation can be initiated within two minutes of identifying a distressed surfer. Water clarity shall be verified using contrasting color markers placed in the deepest sections of the wave basin facility accessible to the wave basin operator. Temporarily entrained air and water surface turbulence caused by the wave generating system shall not be considered a failure of this water clarity requirement. In the event that the wave basin water is not sufficiently clear to see the bottom of the wave basin while the water is static, the following conditions shall apply:
(1) There shall be a leash or tether requirement such that all surfers shall effectively be attached to a surfboard, bodyboard, or another analogous surfing or flotation
device.
(2) There shall be a 1 to 10 lifeguard to surfer ratio.
115960.9.
(a) Wave basins, when open or in use, shall be disinfected continuously by a chemical that imparts a disinfectant at concentrations consistent with subdivision (b). If halogens other than chlorine are used, residuals of equivalent strength shall be maintained.(b) The minimum and maximum concentrations of disinfectant residuals in wave basin water shall be as follows:
Free-Chlorine Residual | Bromine Residual | |||||
Without CYA | With CYA | |||||
Min | Max | Min | Max | Min | Max | |
Wave Basins | 0.5 ppm | 10.0 ppm | 2.0 ppm | 10.0 ppm | 2.0 ppm | |
CYA =
cyanuric acid; Min = minimum; Max = maximum; ppm = parts per million. | ||||||
This includes all wave basins | ||||||
(c) The enforcing agent may accept other disinfecting materials or methods after the wave basin operator has demonstrated to the
enforcing agent that the materials or methods provide a readily measurable disinfectant residual in the wave basin. The wave basin operator shall demonstrate to the enforcing agent that the materials or methods are at least as effective as the required chlorine concentration and do not have adverse physiological effects on wave basin users.
(d) The wave basin operator shall maintain a test kit for measuring the disinfectant residual, pH, and, if used, cyanuric acid concentration at the wave basin. This test kit shall be available for use by the wave basin operator and the enforcing agent at all times that the wave basin is in use. The chlorine or bromine test kit shall be the diethyl-p-phenylenediamine (DPD) type or otherwise be capable of testing free-halogen residual. Chlorine test kits shall be capable of testing for
free chlorine and total chlorine, such that combined chlorine concentrations can be determined. Testing shall be performed at three locations in the wave basin, namely each end and the middle of the wave basin.
115960.10.
The wave basin operator shall maintain wave basin water characteristics within the following ranges:Minimum | Maximum | |
|---|---|---|
pH | 7.0 | 7.8 |
Cyanuric Acid | 0.0
ppm | 100.0 ppm |
Pool Water
Temperature | Not Applicable | 104° F |
115960.11.
(a) The wave basin operator shall maintain microbiological water quality standards in each wave basin at the site as follows:(1) Standard Plate Count (Heterotrophic Plate): The number of colony forming units shall not exceed 200 colonies per milliliter.
(2) Total Coliform:
(A) If the multiple-tube fermentation method is used, the most probable number (MPN) shall be less than 2.2 per 100 milliliters.
(B) If the membrane filtration technique is used, the number of coliform organisms
shall be less than one colony per 100 milliliters.
(C) If an enzyme substrate method including Idexx Colilert-18 is used, an MPN shall be less than or equal to one per 100 milliliters.
(b) Chemical quality of wave basin water and indoor air quality at the wave basin site and ancillary facilities shall not cause adverse physiological effects, such as irritation of the eyes, lungs, or skin of the wave basin users.
115960.12.
(a) The wave basin operator shall maintain clean wave basin water while the wave basin is in use. The wave basin operator shall not allow debris, including, but not limited to, floating scum, sputum, trash, or leaves, to accumulate in the wave basin. The wave basin operator shall ensure that water levels are maintained and operated to remove that material continuously through the wave basin skimming or overflow system.(b) The wave basin operator shall clean the bottom, sides, and other surfaces of the wave basin as often as necessary to keep the bottom, sides, and wave basin surfaces clean and free of slime and algae.
115960.13.
Animals shall not be permitted in the wave basin or ancillary facilities except as provided in Sections 54, 54.1, and 54.2 of the Civil Code.115960.14.
The wave basin operator shall keep all parts of the wave basin site well-maintained, including, but not limited to, the wave basin, water treatment systems, ancillary facilities, signs, showers, toilets, dressing facilities, drinking fountains, diaper changing stations, floors, walls, partitions, doors, and lockers.115960.15.
The wave basin operator, or assignee, shall have all swimsuits and towels furnished by the wave basin operator, or assignee, laundered after each use, and the wave basin operator, or assignee, shall have all reusable swimming caps and protective head gear furnished by the wave basin operator, or assignee, cleaned after each use.115960.16.
(a) Lifeguard service shall be provided for any wave basin that is of wholly artificial construction and for the use of which a direct fee is charged. For purposes of this section, “direct fee” means a separately stated fee or charge for the use of a wave basin to the exclusion of any other service, facility, or amenity.(b) Every wave basin that charges a direct fee, as defined in subdivision (a), shall provide on its premises an automated external defibrillator (AED) unit. The AED unit shall be readily available during wave basin operations.
(c) (1) In order to ensure public safety, a
person or entity that acquires an AED pursuant to these provisions shall comply with Section 1797.196.
(2) Pursuant to subdivision (d) of Section 1714.21 of the Civil Code, a person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the AED.
(3) Pursuant to subdivision (b) of Section 1714.21 of the Civil Code, a volunteer who, in good faith, renders emergency care or treatment at the scene of an emergency with the use of an AED that is provided under this section shall not be liable for any civil damages resulting from any acts or omissions in rendering the emergency care, subject to the limitation in subdivision (e) of that section.
(d) For purposes of this section, a complex of two or more proximate wave basins that charges a single fee for admission to all of those wave basins shall be considered one single wave basin.
115960.17.
(a) User loading capacity for a wave basin shall not exceed one occupant in the wave basin water per 1,000 square feet of the wave basin water surface area. The wave basin operator policies and procedures shall indicate peak occupancy for safe operations and wave activity base on the wave basin’s overall water surface area.(b) (1) A minor under 18 years of age shall be accompanied by an adult in order to gain entry into the park. A wave basin operator shall deny entrance into the park of a minor under 18 years of age if that minor is not accompanied by an adult.
(2) A person or minor who refuses to comply with this section shall be removed from the park by the wave
basin operator.
115960.18.
(a) In all cases where wave action is suspended for any reason, an audible signal shall be used prior to resuming wave action to warn patrons of impending waves. That audible signal may be of any duration but shall sound within 15 seconds immediately prior to resuming the breaking wave action. The audible signal shall be loud enough so that it can be heard by anyone in the wave basin water and within the range of motion of the wave generation system, but shall not exceed 90 decibels.(b) An emergency stop for the wave equipment shall be easily accessible to the
wave basin operator, lifeguards, and other officials, as required by the Division of Occupational Safety and Health.
115960.19.
(a) The wave basin operator shall ensure that the following safety and first aid equipment is provided and maintained readily visible and available for use at the wave basin at all times:(1) A Red Cross 10-Person Industrial First Aid Kit or the
equivalent.
(2) An operating telephone.
(3) A backboard and head immobilizer.
(b) A wave basin of such size that unaided swimming by lifeguards performing rescue may not offer sufficient protection to
wave basin users, the wave basin operator shall provide one or more motorized watercraft, paddle boards, or square-sterned boats equipped with oars, oarlocks, and life rings.
115960.20.
(a) A wave basin employee with a communicable disease while in an infectious state shall not work in any capacity involving contact with wave basin users, wave basin water, or the operation of the wave basin equipment and ancillary facilities at a wave basin unless a current written statement is provided by a licensed physician as prescribed in subdivision (b).(b) A wave basin employee or wave basin user having a communicable disease while in an infectious state, including, but not limited to, cryptosporidium, giardia, Legionnaires’ disease, and Pseudomonas aeruginosa infection, or while having any symptoms such as a cough, cold sores, or nasal or ear discharge or
when wearing bandages, shall not enter wave basin water unless the wave basin employee or wave basin user submits a current written statement to the wave basin operator, signed by a licensed physician, confirming that the wave basin employee or wave basin user does not present a health hazard to others using the wave basin or ancillary facilities.
(c) If two or more lifeguards or wave basin users at a wave basin report within five days of each other to the wave basin operator that they have had diarrhea, the wave basin operator shall report this to the enforcing agent.
115960.21.
A wave basin that is maintained or operated in a manner that creates an unhealthful, unsafe, or unsanitary condition may be closed by the enforcing agent. Unhealthful, unsafe, or unsanitary conditions include, but are not limited to, inadequate disinfection; improper pH; the presence of inhalation hazards; failure to meet microbiological or chemical water-quality standards; missing or broken suction outlet covers; missing or broken wave basin enclosures, including fencing and gates; hazards to wave basin users; and any other violation of these requirements that are identified by the enforcing agent. A wave basin shall not be reopened until the unhealthful, unsafe, or unsanitary condition has been rectified and upon specific written approval from the enforcing agent.115960.22.
(a) In responding to a fecal, vomit, or blood contamination or a near-drowning or drowning incident, the wave basin operator shall perform the following disinfection procedures:(1) After a fecal, vomit, or blood contamination or near-drowning or drowning incident, the wave basin operator shall immediately close the affected wave basin to wave basin users. If the wave basin is one of multiple wave basins that use the same filtration system, then all interconnected wave basins shall be closed to wave basin users. No one shall be allowed to enter the wave basin until the disinfection procedures have been
completed to ensure the wave basin meets the minimum disinfection standards.
(2) To the extent possible, the wave basin operator shall remove contaminating material and discharge the contaminating material directly to the sanitary sewer or other approved wastewater-disposal process in accordance with state or local requirements. The wave basin operator shall clean and disinfect the item used to remove the contaminating material.
(3) The wave basin operator shall ensure that the pH of the wave basin water is 7.5 or lower.
(4) The wave basin operator shall ensure that the filtration system is operating while the wave basin reaches and maintains the required free-chlorine concentration during the disinfection process.
(5) The wave basin operator shall test the free-chlorine residual at multiple points to ensure the required free-chlorine concentration is achieved throughout the wave basin water for the entire disinfection time.
(6) The wave basin operator shall replace any affected filters and shall backwash noncartridge filters after the disinfection process has been completed. The wave basin operator shall ensure the effluent is discharged directly to the
sanitary sewer or other approved wastewater-disposal process in accordance with state or local requirements. The wave basin operator shall not return the filter backwash water to the wave basin. The wave basin operator shall replace the filter media if necessary.
(7) The wave basin operator shall not allow wave basin users back into the wave basin until the disinfection process has been completed and the free-chlorine concentration and pH of the wave basin water have returned to normal operating ranges in accordance with
Sections 115960.9 and 115960.10.
(b) The wave basin operator shall immediately document each fecal, vomit, or blood contamination or drowning or near-drowning incident and maintain records in accordance with Section 115960.4 as follows:
(1) The date and time of the incident, the affected wave basin, the available free-chlorine concentrations, wave basin temperature, and pH at the time of the incident, facts known about the circumstances and cause of the incident, and the name and contact information of the individual from whom the contaminant was released.
This information shall also be documented after the wave basin operator has completed the disinfection process and again when reopening the wave basin to wave basin users.
(2) Whether the fecal stool was formed or diarrheal.
(3) The procedures followed in responding to the contamination incident.
(4) The number of wave basin users in the wave basin and the length of time between the occurrence, detection, and resolution of the incident.
115960.23.
All gas chlorination equipment shall be well-maintained and operational at all times in accordance with Section 3135B of Title 24 of the California Code of Regulations.115960.24.
(a) The wave basin operator shall keep clean and free of slime, algae, litter, and vermin all ancillary facilities, including, but not limited to, showers, toilets, dressing facilities, drinking fountains, diaper-changing stations, floors, walls, partitions, doors, and lockers.(b) Except for deck showers, all showers provided for wave basin users as required by Chapter 31B (commencing with Section 3101B) of Title 24 of the California Code of Regulations shall have soap in dispensers or containers.
(c) For toilet facilities, toilet tissue, handwashing soap, and paper towels or hot air blowers, shall be
provided in permanently installed dispensing devices.
(d) The wave basin operator shall provide and maintain, in a clean and sanitary condition, a minimum of one waste receptacle in each toilet facility.
(e) Wooden slats, duckboards, and footbaths are prohibited.
115960.25.
(a) Every person who violates any provision of this article, building standards published in the State Building Standards Code relating to wave basins, or the rules and regulations adopted pursuant to the provisions of this article, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for not more than six months, or both.(b) Each day that a violation of this article continues is a separate offense.
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.
