Bill Text: CA SB552 | 2023-2024 | Regular Session | Amended

California Senate Bill 552

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Public safety: pools and spas.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-08-08 - Read second time. Ordered to consent calendar. [SB552 Detail]

Download: California-2023-SB552-Amended.html

Amended IN Senate January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 552

Introduced by Senator Newman

February 15, 2023

An act ~~relating to solid waste.~~ to amend Section 7195 of the Business and Professions Code, and to amend Section 115922 of the Health and Safety Code, relating to public safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 552, as amended, Newman. ~~Solid waste: single-use foodware accessory and single-use food packaging.~~ Public safety: pools and spas.

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. Under existing law, these features include, among others, an approved safety pool cover, as defined; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). 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 require that an approved safety pool cover be accompanied by a label verifying that the cover meets certain specifications, is in good repair, and can be opened and closed by automated mechanics. The bill would require that an alarm, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
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 this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in safe repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. By imposing requirements on local officials, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
~~Existing law prohibits a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided.~~
This bill would state the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging.

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

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

SECTION 1.

Section 7195 of the Business and Professions Code is amended to read:

7195.

For purposes of this chapter, the following definitions apply:

(a) (1) “Home inspection” is 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying 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.~~ equipped, in safe repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the specifications referenced in Section 115922 of the Health and Safety Code.

(3) “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.

(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) A “material defect” is 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.

(c) A “home inspection report” is 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. In a dwelling with a pool or spa, the report shall 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 shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety ~~features.~~ features that are in place and in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the specifications referenced in Section 115922 of the Health and Safety Code.

(d) A “home inspector” is any individual who performs a home inspection.

(e) “Transfer” is 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 not less than one nor more than four dwelling units.

SEC. 2.

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

115922.

(a) Except as provided in Section 115925, subject to subdivision (b), 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)~~ 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~~ cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard, is in ~~subdivision (d) of Section 115921.~~ good repair, and can be opened and closed by automated mechanics.

(4) Exit alarms on the private single-family home’s doors and windows 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 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 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~~ ASTM, the American Society of Mechanical ~~Engineers (ASME).~~ Engineers, or another nationally recognized standards development organization and 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).
~~(b)~~

(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.

SEC. 3.
If the Commission on State Mandates determines that this act contains 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.

SECTION 1.
~~It is the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging.~~