Bill Text: CA AB1237 | 2025-2026 | Regular Session | Amended
Bill Title: Swimming pool safety: building codes: condominium units.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-07-02 - Read second time and amended. Re-referred to Com. on APPR. [AB1237 Detail]
Download: California-2025-AB1237-Amended.html
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Amended
IN
Senate
July 02, 2026 |
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Amended
IN
Senate
June 11, 2026 |
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Amended
IN
Senate
May 29, 2025 |
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Amended
IN
Assembly
April 23, 2025 |
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Amended
IN
Assembly
April 01, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1237
| Introduced by Assembly Member McKinnor |
February 21, 2025 |
An act to amend Sections 18942, 115921, 115922, 115925, 116025, 116049.1, and 116064.2 of the Health and Safety Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1237, as amended, McKinnor.
Swimming pool safety: building codes: condominium and hotel rooms. units.
(1) Existing law, the California Building Standards Law, requires the California Building Standards Commission to publish the California Building Standards Code, which contains, among others, the California Building Code and the California Residential Code, as provided. Existing law requires the commission to publish the text of the Swimming Pool Safety Act in the California Residential Code.
This bill would require, on or before March 1, 2027, the commission to also publish the text of the Swimming Pool Safety Act in the California Building Code, as specified.
(2) Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private,
single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features, as provided. The act does not apply to a public swimming pool.
This bill would, for purposes of the act, require a swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium unit or hotel room to meet the same requirements as a pool or spa at a private, single-family home. To the extent the bill would increase the number of building permits issued by local jurisdictions, the bill would impose a state-mandated local program.
(3) Existing law governs the construction, operation, and maintenance of a public swimming pool, as defined. Existing law, the Yasmin Paleso’o Memorial Swimming Pool Safety Law, requires an underwater lighting system in a public swimming
pool, as defined, to be installed so that there is no shock hazard, as provided. Existing law governs the circulation system of a public swimming pool, as defined, including, but not limited to, requiring antientrapment devices, safety vacuum release systems, or automatic pump shutoff systems, as provided.
This bill would exclude a swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium unit or hotel room from these requirements on a public swimming pool. This bill would, on or before March 1, 2027, require the State Department of Public Health to adopt regulations, as necessary, to implement these changes, as specified. The bill would prohibit a swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium unit or hotel room,
unit, or at a private single-family home, from being subject to a requirement applicable to a “public swimming pool,” “public pool,” “public pool site,” or “spa,” as those terms are used in certain statutes and regulations relating to public swimming pools and the California Building Code.
(4) 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 a specified reason.
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.
Section 18942 of the Health and Safety Code is amended to read:18942.
(a) (1) The commission shall publish, or cause to be published, editions of the code in its entirety once every three years. In the intervening period the commission shall publish, or cause to be published, supplements as necessary. For emergency building standards defined in Section 18913, an emergency building standards supplement shall be published whenever the commission determines it is necessary.(2) Changes adopted during the intervening period described in paragraph (1) shall be limited to only the following:
(A) Technical updates to existing code requirements only to the extent necessary to effectuate
support or facilitate the incorporation or implementation of those existing code requirements. The updates shall be limited to clarifying, conforming, or coordinating changes that do not materially alter the substance or intent of the existing code provisions.
(B) Emergency building standards.
(C) Amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations).
(D) The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or
emergency updates to the model codes.
(E) Changes or modifications made pursuant to paragraph (6) of subdivision (b) of Section 17958, paragraph (6) of subdivision (c) of Section 17958.5, or paragraph (6) of subdivision (c) of Section 17958.7.
(F) Building standards necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations.
(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 Parts 2 and 2.5 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 115921 of the Health and Safety Code is amended to read:115921.
For purposes of this article, the following definitions apply:(a) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(b) “Enclosure” means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(c) “Public swimming pool” means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. “Public swimming pool” does not
include either of the following:
(1) A swimming pool located on the grounds of a private single-family home.
(2) A swimming pool located on or within a private balcony, patio, or terrace of, a condominium unit or hotel room. unit.
(d) “Suction outlet” means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
(e) “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing
that contains water over 18 inches deep. “Swimming pool” includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
SEC. 3.
Section 115922 of the Health and Safety Code is amended to read:115922.
(a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium(1) An
enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the condominium unit, hotel room, unit or private single-family home.
(2) Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3) A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4) Exit alarms on
the doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a
notification that “the door to the pool is open.” An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the doors providing direct access to the swimming pool or spa.
(6) An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a
child
that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b) The requirements of subdivision (a) are not satisfied by any of the following:
(1) An exit alarm and a self-closing, self-latching device on the same door.
(2) An exit alarm and a door latch on separate doors.
(3) A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
(d) A swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium unit or hotel room,
unit, or at a private single-family home, shall not be subject to a requirement applicable to a “public swimming pool,” “public pool,” “public pool site,” or “spa,” as those terms are used in, including, but not limited to, any of the following:
(1) Article 5 (commencing with Section 116025).
(2) Part 2 of Title 24 of the California Code of Regulations.
(3) Chapter 20 (commencing with Section 65501) of Division 4 of Title 22 of the California Code of Regulations.
SEC. 4.
Section 115925 of the Health and Safety Code is amended to read:115925.
The requirements of this article do not apply to any of the following:(a) A public swimming pool.
(b) A hot tub or spa with a locking safety cover that complies with the ASTM International F1346 standard.
(c) An apartment complex or any residential setting, except the requirements of this article do apply to a swimming pool or spa on or within a private balcony, patio, or terrace of, a condominium unit or hotel room, unit,
or at a private single-family home.
SEC. 5.
Section 116025 of the Health and Safety Code is amended to read:116025.
(a) For purposes of this article, “public swimming pool” means any public swimming pool, bathhouse, public swimming and bathing place, and all related appurtenances.(b) “Public swimming pool” does not include a swimming pool on or within a private balcony, patio, or terrace of, a condominium unit or hotel room. unit.
SEC. 6.
Section 116049.1 of the Health and Safety Code is amended to read:116049.1.
(a) For purposes of this section, “public swimming pool” means any swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club, including any swimming pool located on the grounds of a hotel, motel, inn, an apartment complex, or any residential setting, except “public swimming pool” shall not include either of the following: (1) A swimming pool located on the grounds of a private single-family home.
(2) A swimming pool on or within a private balcony, patio, or terrace of, a condominium unit or hotel room. unit.
(b) The design and installation of all underwater lighting systems, operating at more than 15 volts, supplied from a branch circuit either directly or by way of a transformer, shall be installed in a public swimming pool, as defined in this section, so that there is
no shock hazard with any likely combination of fault conditions during normal use, and shall comply with both of the following requirements:
(1) An approved ground-fault circuit interrupter shall be installed in the branch circuit that supplies all fixtures operating at more than 15 volts.
(2) Only approved underwater lighting fixtures shall be used and no lighting fixtures shall be installed for operations at more than 150 volts between conductors.
(c) Any public swimming pool that does not meet the requirements specified in subdivision (b) shall be retrofitted to comply with these requirements.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with standards acceptable to the authority having jurisdiction.
(e) The owner or operator of a public swimming pool shall comply with both of the following:
(1) Obtain an inspection of its public swimming pool by the local health officer or a qualified contractor as set forth in subdivision (f).
(2) Certify to the local health officer as set forth in Section 116053 that the public swimming pool facility is in compliance with this section.
(f) All electrical work required for compliance with this section shall be performed by a person licensed to perform electrical work within their general, specialty, or limited specialty contractor’s
licensed scope of practice pursuant to Section 7059 of the Business and Professions Code.
(g) This section shall be known and may be cited as the Yasmin Paleso’o Memorial Swimming Pool Safety Law.
SEC. 7.
Section 116064.2 of the Health and Safety Code is amended to read:116064.2.
(a) For purposes of this section, the following definitions apply:(1) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(2) “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.
(3) “ASTM performance standard” means a standard that is developed and published by ASTM International.
(4) (A) “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:
(i) Open to the public generally, whether for a fee or free of
charge.
(ii) 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.
(iii) Located on the premises of an athletic club, or public or private school.
(B) “Public swimming pool” does not include a swimming pool, hot tub, spa, or nonportable wading pool, on or within a private balcony, patio, or terrace of, a condominium unit or hotel room. unit.
(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, typically on the side of the pool, 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 suction outlet for purposes of subdivisions (c) and (d).
(8) “Suction outlet” means a fitting or fixture of a swimming pool that conducts water to a recirculating pump.
(9) “Unblockable suction outlet” means a suction outlet, including the sump, that has a perforated (open) area that cannot be shadowed by the area of the 18 inch by 23 inch Body Blocking Element of the ANSI/APSP-16 performance standard, and that the rated flow through any portion of the remaining open area cannot create a suction force in excess of the removal force values in Table 1 of that standard.
(b) (1) Subject to subdivision (e), every public swimming pool shall be equipped with antientrapment devices or systems
that comply with the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission.
(2) A public swimming pool that has a suction outlet in any location other than on the bottom of the pool shall be designed so that the recirculation system shall have the capacity to provide a complete turnover of pool water within the following time:
(A) One-half hour or less for a spa pool.
(B) One-half hour or less for a spray ground.
(C) One hour or less for a wading pool.
(D) Two hours or less for a medical pool.
(E) Six hours or less for all other types of public pools.
(c) Subject to subdivisions (d) and (e), every public swimming pool with a single suction outlet that is not an unblockable suction outlet 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 nationally recognized testing laboratory and found to conform to ASME/ANSI performance standard A112.19.17, as in effect on December 31, 2009, or ASTM performance standard F2387, as in effect on December 31, 2009.
(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.
(3) A gravity drainage system that uses a collector tank, provided that it conforms to any applicable ASME/ANSI or ASTM performance standard.
(4) An automatic pump shutoff system tested by a department-approved independent third party and found to conform to any applicable ASME/ANSI or ASTM performance standard.
(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 paragraph (1) at preventing or eliminating the risk of injury or death associated with the circulation system of the pool and suction outlets.
(d) Every public swimming pool constructed on or after January 1, 2010, shall have at least two suction outlets 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 suction outlets. 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 (c).
(e) A public swimming pool constructed prior to January 1, 2010, shall be retrofitted to comply with subdivisions (b) and (c) 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 (f), 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.
(f) 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 website. 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 suction outlet or multiple suction outlets that comply with subdivision (d).
(2) Identification of the type of antientrapment devices or systems that have been installed pursuant to subdivision (b) 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 (c) in a public swimming pool with a single suction outlet that is not an unblockable suction outlet 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
their knowledge.
(g) A qualified individual who improperly certifies information pursuant to paragraph (4) of subdivision (f) shall be subject to potential disciplinary action at the discretion of the licensing authority.
(h) Except as provided in subdivision (e), 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 the owner is required to file or maintain pursuant to this section.
(i) 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.
(j) 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.
(k) The department shall have no authority to take any enforcement action against any person for violation of this section and has no responsibility to administer or enforce the provisions of this section.
SEC. 8.
(a) The publication of text within Parts 2 and 2.5 of Title 24 of the California Code of Regulations required by Section 1 of this bill, amending subdivision (b) of Section 18942 of the Health and Safety Code, is a change without regulatory effect as described in Section 100 of Title 1 of the California Code of Regulations and Section 1-421 of Part 1 of Title 24 of the California Code of Regulations.(b) On or before March 1, 2027, the California Building Standards Commission shall publish the text within Parts 2 and 2.5 of Title 24 of the California Code of Regulations required by Section 1, amending subdivision (b) of Section
18942 of the Health and Safety Code.
SEC. 9.
(a) On or before March 1, 2027, the State Department of Public Health shall adopt regulations, as necessary, to implement all of the following provisions of this bill:(1) Section 5 of this bill, amending Section 116025 of the Health and Safety Code.
(2) Section 6 of this bill, amending Section 116049.1 of the Health and Safety Code.
(3) Section 7 of this bill, amending Section 116064.2 of the
Health and Safety Code.
(b) Until January 1, 2028, the adoption and readoption of regulations pursuant to subdivision (a) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Public Health and the California Building Standards Commission are hereby exempted from the requirement that they describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.
