Bill Text: CA AB2866 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2866

Introduced

Bill Title: Pool safety: State Department of Social Services regulated facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-17 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 16). Re-referred to Com. on APPR. [AB2866 Detail]

Download: California-2023-AB2866-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2866

Introduced by Assembly Member Pellerin

February 15, 2024

An act to amend Section 115922 of, to add Section 1596.814 to, and to repeal Section 115926 of, the Health and Safety Code, relating to pool safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 2866, as introduced, Pellerin. Pool safety: State Department of Social Services regulated facilities.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. For purposes of the act, a child day care facility includes a day care center and a family day care home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day. Under existing law, a violation of the act is a crime.

Existing law, the Swimming Pool Safety Act, among other requirements, requires a pool or spa to be equipped with at least 2 of 7 specified drowning prevention safety features when a building permit is issued for (1) the construction of a new swimming pool or spa or (2) the remodeling of an existing pool or spa at a private single-family home, except as provided. Existing law requires the 7 safety features to include, among others, an enclosure isolating the swimming pool from the home, a removable mesh fencing around the swimming pool with a self-closing and self-latching gate, a safety pool cover, and an alarm that sounds upon an accidental or unauthorized entrance into the water. Existing law exempts certain facilities regulated by the State Department of Social Services from the requirements of the Swimming Pool Safety Act.

This bill would repeal this exemption, making certain facilities regulated by the department subject to the Swimming Pool Safety Act, except as provided. The bill would require a child day care facility licensed by the department with a swimming pool to have either the mesh fence or enclosure and either a pool cover or safety alarm. The bill would require the child day care facility to perform a daily inspection of the safety features and maintain a log to be provided to the department during scheduled inspections. The bill would require the department to update its regulations accordingly. Because a willful or repeated violation of these provisions by a child day care facility would be a crime, the bill would impose a state-mandated local program.

Existing law requires a local building code official to, before the issuance of a final approval for the completion of permitted construction or remodeling work, inspect the drowning safety prevention features for compliance with the Swimming Pool Safety Act. By imposing additional duties on local officials relating to previously exempted pool or spa facilities, 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 1596.814 is added to the Health and Safety Code, to read:

1596.814.

(a) A child day care facility licensed by the department as either a day care center or a family day care home with a swimming pool on the premises shall comply with all of the following requirements:

(1) The swimming pool shall be equipped with at least two of the safety features described in Section 115922, which shall include one feature in both of the following categories:

(A) Either an enclosure as described in paragraph (1), or a mesh fence as described in paragraph (2), of subdivision (a) of Section 115922.

(B) Either a cover as described in paragraph (3), or an alarm as described in paragraph (6), of subdivision (a) of Section 115922.

(2) Perform a daily inspection of all of the drowning prevention safety features before opening the facility and maintain a log of the inspections to be provided to the department during scheduled inspections.

(b) The department shall update its regulations relating to the implementation of this section.

SEC. 2.

Section 115922 of the Health and Safety Code is amended to read:

115922.

(a) Except as provided in Section 115925, 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 at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:

(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.

(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) 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 subdivision (d) of 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 54 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 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 or the American Society of Mechanical Engineers (ASME).

(b) 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.

SEC. 3.

Section 115926 of the Health and Safety Code is repealed.

115926.
This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.

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.

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.