Bill Text: CA AB2650 | 2021-2022 | Regular Session | Amended
Bill Title: The Neng Thao Drowning Prevention Safety Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-27 - In committee: Hearing postponed by committee. [AB2650 Detail]
Download: California-2021-AB2650-Amended.html
|
Amended
IN
Assembly
April 05, 2022 |
| Introduced by Assembly Member Arambula |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Under the Swimming Pool Safety Act, upon the issuance of a building permit for 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 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning prevention safety devices before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would also apply these requirements when real property with a swimming pool or spa is transferred, as defined. The bill would specify that these requirements are not met by an exit alarm and a self-closing, self-latching device, as defined, used on the same door or on 2 separate doors that provide
access to the swimming pool or spa. The bill would require these requirements to apply equally to all local jurisdictions. Because this bill would impose requirements on local officials, this bill would impose a state-mandated local program.
(2)Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires the information to be included in the home inspection report, as specified.
This bill would require, for a home inspection of real property with a swimming pool or spa, in connection with a prelisting inspection or transfer, as defined, that a home
inspector be certified by a professional association or entity as having received instruction on drowning prevention, as described below. The bill would instead require that the examination of the pool or spa and dwelling during the home inspection be for the purposes of determining whether the pool or spa is equipped with at least 2 drowning prevention safety features required by the Swimming Pool Safety Act, a drowning prevention safety feature is in working order, as described, and a drowning prevention safety feature is approved by ASTM International or meets the description required by the Swimming Pool Safety Act. The bill would require, if specified conditions are present, a person with ownership of a home inspection report to provide the relevant section of the home inspection report to the buyer’s home insurance or mortgage company upon the company’s request, made at the company’s discretion.
(3)Existing law requires certain building
officials to obtain certification from a recognized state, national, or international association and to complete a minimum of 45 hours of continuing education for every 3-year period.
This bill would require, no later than July 1, 2023, an association or other entity that certifies home inspectors or building officials, in cooperation and partnership with specified organizations, to provide instruction on specified topics relating to drowning prevention and water safety through either an existing continuing education program or an education and training course provided by one of the partnering organizations. The bill would require, commencing on January 1, 2024, the association or other entity to post on its internet website about how the instruction will be provided, and would require a building official and home inspector to receive the instruction in order for a building official to maintain certification and for a home inspector to maintain the certification
required to conduct a home inspection for real property with a swimming pool or spa. Because this bill would impose requirements on local officials, this bill would impose a state-mandated local program.
(4)This bill would
also make conforming changes.
(5) The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
For purposes of this chapter, the following definitions apply:
(a)(1)“Home inspection” means a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is
represented to be a home inspection or any confusingly similar term.
(2)“Home inspection,” if requested by the client, may include
an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)“Home inspection report” means a
written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons.
(c)“Home inspector” means an individual who performs a home inspection.
(d)“Material defect” means a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(e)“Prelisting inspection” means a home inspection of real property or residential stock cooperative, improved with or consisting of one to four dwelling units, before listing for sale.
(f)“Transfer”
means a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of one to four dwelling units.
For a home inspection of real property with a swimming pool or spa, in connection with a prelisting inspection or transfer, the following requirements apply:
(a)A home inspection shall be conducted only by a home inspector who is certified by a professional association, organization, company, or entity that provides certification to home inspectors as having received the instruction on drowning prevention required pursuant to subdivision (d) of Section 115930 of the Health and Safety Code.
(b)A home inspection shall include a noninvasive physical examination of the pool or spa and dwelling for all of the following purposes:
(1)To
identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with, and whether there are only two safety features as described in subdivision (b) of Section 115922 of the Health and Safety Code.
(2)To determine, through a visual observation or, if appropriate, auditory observation, whether a drowning prevention safety feature is in working order, as follows:
(A)An isolation fence complies with Section 115923.
(B)The panels of an isolation fence or removable mesh fencing are in place and are not damaged.
(C)A self-closing, self-latching gate associated with an isolation fence or removable mesh fencing is in good repair and working.
(D)An approved pool cover meets ASTM International Standard F1346-91, is in good repair, and can be opened and closed by its automated mechanics.
(E)An exit alarm makes an alarm noise or verbal warning when a door or window is opened without deactivating the alarm.
(F)A self-closing, self-latching device closes a door and automatically latches the door.
(G)An alarm placed in a pool or spa is in good repair and operating as appropriate, and sounds when it is activated or turned on and the water in the pool or spa is disturbed.
(3)To determine whether a drowning prevention safety feature has a label, receipt, instruction manual, project payment receipt, if installed by a professional,
contract, or other documentation, showing that the safety feature is approved by ASTM International or meets the description required by subdivision (a) of Section 115922 of the Health and Safety Code. The home inspector is not required to test the safety feature to determine whether it meets ASTM International standards.
(c)A home inspection report shall include all of the information from the home inspection, as described in subdivision (b).
(d)(1)A person with ownership of a home inspection report shall provide the section of the home inspection report that addresses compliance with the requirement to be equipped with at least two drowning prevention safety features described in subdivision (a) of Section 115922 of the Health and Safety Code and whether the drowning prevention safety features are in working order, as described in paragraph (2) of
subdivision (b), to the buyer, a home insurance company providing insurance coverage of the home for the buyer, or a loan mortgage company providing financing of the transfer for the buyer, upon the company’s request which may be made in its discretion, if any of the following conditions are met:
(A)The pool or spa inspected does not comply with the requirement to be equipped with at least two drowning prevention safety features described in subdivision (a) of Section 115922 of the Health and Safety Code.
(B)A drowning prevention safety feature is not in working order, as described in paragraph (2) of subdivision (b).
(C)A drowning prevention safety feature is not approved by ASTM International or does not meet the description required by subdivision (a) of Section 115922 of the Health and Safety Code.
(2)A home inspector, home insurance company, or loan mortgage company shall not incur any increased liability or be liable for complying with this subdivision. However, this paragraph does not preclude liability pursuant to any other law.
(a)All home inspections, including those defined in Section 7195, may, if requested by the client, be accompanied by a Home Energy Rating System (HERS) California home energy audit pursuant to regulations adopted by the Energy Commission in compliance with Section 25942 of the Public Resources Code.
(b)If the client requests a HERS California home energy audit, the HERS California home inspection report accompanying any home inspection report defined in Section 7195 shall comply with the standards and requirements established by the Energy
Commission for HERS California home energy audits as specified in Article 8 (commencing with Section 1670) of Chapter 4 of Division 2 of Title 20 of the California Code of Regulations, implementing the California Home Energy Rating System Program.
SECTION 1.
Article 4 (commencing with Section 51140) is added to Chapter 1.5 of Part 28 of Division 4 of Title 2 of the Education Code, to read:Article 4. The Neng Thao Drowning Prevention Safety Act
51140.
The Legislature finds and declares all of the following:51111.51141.
(a) (1) A local, state, or national drowning or injury prevention organization affiliated with one or more drowning prevention expert organizations, such as the Drowning Prevention Foundation, the National Drowning Prevention Alliance, Stop Drowning Now, or the American Red Cross, or a bona fide local nonprofit water safety and drowning prevention organization may provide informational materials, in electronic or hard copy form, to a public elementary school regarding the following topics:As used in this article, the following terms have the following meanings:
(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)“Approved safety pool cover” means a manually or power-operated safety pool cover that meets all of the performance standards of ASTM International, in compliance with standard F1346-91.
(c)“Exit alarm” means a device that makes audible, continuous alarm sounds or repeated verbal warning statements when a door or window, that permits access from the residence to the pool area that is without an intervening isolation fence, is opened or is left ajar. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” The exit alarm may be battery operated or may be connected to the electrical wiring of the building.
(d)“Isolation fence” means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(e)“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 a swimming pool located on the grounds of a private single-family home.
(f)“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.
(g)“Swimming pool” or “pool” means a 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.
(h)“Transfer” has the same meaning as defined in Section 7195 of the Business and Professions Code.
(a)Except as provided in Section 115925 and subject to subdivision (c), 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 at a private single-family home, or when real property with a swimming pool or spa is transferred, the respective swimming pool or spa shall be equipped with at least two of the
seven drowning prevention safety features described in paragraphs (1) to (7), as chosen by the homeowner or pool builder.
(1)An isolation fence
that meets the requirements of Section 115923 and isolates the swimming pool or spa from access to the private single-family home and access to the outside of the perimeter of the property of the home.
(2)Removable
isolation mesh fencing that meets ASTM International Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)An approved safety pool cover, as defined in Section 115921.
(4)Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is
open.”
(5)A self-closing, self-latching device with a release mechanism placed no lower than 60 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
(6)An alarm 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
Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which 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 the ASTM International or the American Society of Mechanical Engineers (ASME).
(b)Subdivision (a) is not satisfied by the use of an exit alarm, as described in paragraph (4) of subdivision (a), and a self-closing, self-latching device, as described in paragraph (5) of subdivision (a), on the same door or on two separate doors that provide access to the swimming pool or spa, or by the use of the exit alarm or self-closing, self-latching device on a door that provides access to the swimming pool or spa and has a dog door incorporated in the door as one of the two required drowning safety prevention features.
(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 prevention
safety features required by this section and, if no violations are found, shall give final approval.
(d)(1)The Legislature finds and declares that this section addresses a matter of statewide concern. This section shall therefore apply equally to all local jurisdictions in this state, including charter cities, charter counties, and charter cities and counties.
(2)If a local jurisdiction implements a local residential pool safety ordinance, that ordinance shall have as a starting point the requirements of the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920)).
An isolation fence shall have all of the following characteristics:
(a)Any access gates through the
isolation fence meet ASTM International Standards F1908-08 and F2286, open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground if the device is at the top of the gate, or at least 54 inches from the bottom of the gate and at least three inches below the top of the gate on the side facing the pool if the device is not at the top of the gate.
(b)A minimum height of 60 inches.
(c)A maximum vertical clearance from the ground to the bottom of the
isolation fence
of two inches when the isolation fence is installed on a grass or dirt surface or four inches if the isolation fence is installed on a concrete or similar hard surface.
(d)Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter, and do not have any openings greater than one-half inch within 18 inches of the latch release mechanism.
(e)An outside surface free of protrusions, cavities, or other physical characteristics that
would serve as handholds or footholds that could enable a child below the age of five years to climb over.
(f)Located to prohibit a permanent structure, equipment, or similar objects from being used to climb the isolation fence.
(g)Removable mesh fencing and gates meets ASTM International Standard F2286-05.
(h)If a wall of the house, detached garage, or permanent outbuilding is incorporated as part of the isolation fence, there is no door or operable window as part of the wall that makes up part of the isolation
fence.
(i)Barrier fencing does not have horizontal components on the outside of the fence. If the barrier is composed of horizontal components, the horizontal members are located on the swimming pool side of the fence.
(j)If a perimeter fence is incorporated as part of the isolation fence, in addition to having the characteristics described in this section, the perimeter fence also has the following characteristics:
(1)If the perimeter fence is a solid barrier, there are no indentations or protrusions present other than normal construction tolerances and masonry joints.
(2)If there are any decorative cutouts in the perimeter fence, the space within the cutouts does not exceed one and three-fourths inches.
(3)The spacing between vertical members and within decorative cutouts does not exceed one and three-fourths inches.
(4)If the perimeter fence is made up of diagonal members or latticework, the maximum opening in the lattice does not exceed one and three-fourths inches.
(5)Metal chain linked mesh fencing is not part of the isolation fence. If a mesh fence is incorporated into a perimeter fence surrounding a property with a residential pool, the mesh size shall not exceed one and one-fourth square inches unless slats, fastened at the top or bottom of the fence, are used to reduce mesh openings to no more than one and three quarters inches.
The requirements of this article do not apply to any of the following:
(a)Public swimming pools.
(b)Hot tubs or spas with locking safety covers that comply with ASTM International Standard F1346.
(c)An apartment complex, or any residential setting other than a single-family home.
(a)For purposes of this section, the following definitions apply:
(1)“Building code official” has the same meaning as defined in Section 18949.27.
(2)“Home inspector” has the same meaning as defined in Section 7195 of the Business and Professions Code.
(b)No later than July 1, 2023, a professional association, organization, company, or entity that provides certification to home inspectors or to building code officials, pursuant to Section 18949.28, shall, in cooperation and partnership with local, state, and national drowning or injury prevention organizations affiliated with one or more drowning prevention expert
organizations, such as the Drowning Prevention Foundation, the National Drowning Prevention Alliance, Stop Drowning Now, or the American Red Cross, or bona fide local nonprofit water safety and drowning prevention organizations, incorporate instruction on all of the following topics either through an existing continuing education program or an education and training course provided by one of the partnering organizations:
(1)The definition of drowning, which means water submersion resulting in hypoxia of the brain.
(2)Drowning prevention strategies, as identified by state or national drowning prevention entities or organizations with drowning prevention expertise, such as the federal Centers for Disease Control and Prevention, Safe Kids Worldwide, the National Drowning Prevention Alliance, and the Drowning Prevention Foundation. The purpose of instruction on these strategies
shall be to provide knowledge about the multiple layers of drowning prevention and how safety barriers fit into these multiple layers. These strategies shall include, but are not limited to, all of the following:
(A)Water safety concepts, such as the Safer 3 initiative by the Safer 3 Water Safety Foundation.
(B)Pool barrier concepts in accordance with the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920)).
(C)The importance of drowning prevention and swim instruction for all ages.
(D)The role of lifeguards and life vests.
(E)Concepts in how to conduct rescue.
(F)How to access emergency medical
services through the “911” emergency services system.
(G)The role of, and difference between, cardiopulmonary resuscitation (CPR) for drowning victims and other medical conditions causing onset of cardiac arrest.
(3)The Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920)).
(c)Commencing on January 1, 2024, a professional association, organization, company, or entity that provides certification to home inspectors or to building code officials, pursuant to Section 18949.28, shall post on its internet website about how the instruction described in subdivision (b) will be provided on an ongoing basis at least once every three years to home inspectors or building code officials.
(d)Commencing on January 1, 2024, a building code
official shall receive the instruction described in subdivision (b) at least once every three years, in order to maintain certification.
(e)Commencing on January 1, 2024, a home inspector shall receive the instruction described in subdivision (b) at least once every three years, in order to maintain the certification required to conduct a home inspection for real property with a swimming pool or spa, in connection with a prelisting inspection or transfer, pursuant to Section 7196.5 of the Business and Professions Code.
At the time a single-family residential dwelling is sold, a buyer or seller may request a home inspection, as defined in Section 7195 of the Business and Professions Code, and a home inspector, as defined in Section 7195 of the Business and Professions Code, shall provide, contact information for one or more of the following entities that provide home energy information:
(a)A nonprofit organization.
(b)A provider to the residential dwelling of electrical service, or gas
service, or both.
(c)A government agency, including, but not limited to, the commission.
(a)Every urban water supplier shall prepare and adopt a water shortage contingency plan as part of its urban water management plan that consists of each of the following elements:
(1)The analysis of water supply reliability conducted pursuant to Section 10635.
(2)The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A)The written decisionmaking process that an urban water supplier will use each year to determine its water supply reliability.
(B)The key data inputs and assessment methodology
used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i)Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable.
(ii)Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii)Existing infrastructure capabilities and plausible constraints.
(iv)A defined set of locally applicable evaluation criteria that are consistently relied upon
for each annual water supply and demand assessment.
(v)A description and quantification of each source of water supply.
(3)(A)Six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events.
(B)An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross-reference relating its existing categories to the six standard water shortage levels.
(4)Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A)Locally appropriate supply augmentation actions.
(B)Locally appropriate demand reduction actions to adequately respond to shortages.
(C)Locally appropriate operational changes.
(D)Additional, mandatory prohibitions
against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.
(E)For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.
(5)Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A)Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B)Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section
10632.1.
(C)Any other relevant communications.
(6)For an urban retail water supplier, customer compliance, enforcement, appeal, and exemption procedures for triggered shortage response actions as determined pursuant to Section 10632.2.
(7)(A)A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.
(B)A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1.
(C)A statement that an urban water supplier shall coordinate with any city or county within which it provides water supply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.
(8)A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A)A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B)A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(C)A description of the cost of
compliance with Chapter 3.3 (commencing with Section 365) of Division 1.
(9)For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
(10)Reevaluation and improvement procedures for systematically monitoring and evaluating the functionality of the water shortage contingency plan in order to ensure shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed.
(b)For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes,
waterfalls, and fountains, separately from swimming pools and spas, as defined in Section 115921 of the Health and Safety Code.
(c)The urban water supplier shall make available the water shortage contingency plan prepared pursuant to this article to its customers and any city or county within which it provides water supplies no later than 30 days after adoption of the water shortage contingency plan.
