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

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

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Bill Title: Public safety: pools and spas.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State. Chapter 769, Statutes of 2024. [SB552 Detail]

Download: California-2023-SB552-Amended.html

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Amended  IN  Assembly  June 17, 2024

Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 552

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Introduced by Senator Newman
(Coauthor: Assembly Member Bains)

February 15, 2023

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An act to amend Section 7195 of the Business and Professions Code, and to amend Section 115922 Sections 115921, 115922, and 115925 of the Health and Safety Code, relating to public safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 552, as amended, Newman. 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; exit alarms, as defined, on a private single-family home’s doors that provide direct access to the swimming pool or spa, as specified; 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 remove the definition of an approved safety pool cover and would recast that drowning safety feature as a manually operated or power-operated safety pool cover to 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. specifications. The bill would remove the definition of exit alarms and would recast that drowning safety feature to include windows that provide direct access to the swimming pool or spa, as specified. The bill would require that an alarm, alarm that sounds upon accidental or unauthorized entrance into the water, 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 International 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 The bill would require the report to include a written statement regarding pool isolation fences, as specified. The bill would also state the intent of the Legislature to enact legislation that, among other things, clarifies that a home inspector, as defined, is not required to determine whether an equipped drowning prevention safety feature, as specified, meets certain standards.

By imposing additional 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.

Digest Key

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

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature to enact legislation that does all of the following:

(a) Clarifies that a home inspector, as defined in Section 7195 of the Business and Professions Code, is not required to determine whether an equipped drowning prevention safety feature required by Section 115922 of the Health and Safety Code meets the cited standards.

(b) Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code).

(c) Updates outdated references within the Swimming Pool Safety Act.

(d) Revisits and amends the Swimming Pool Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention safety features pursuant to the data and reports created under Chapter 4 (commencing with Section 131350) of Part 1 of Division 112 of the Health and Safety Code.

SECTION 1.SEC. 2.

 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, in safe 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 ASTM International and American Society of Mechanical Engineers 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.

(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) 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 that features, and whether those features are in place and place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019. This paragraph subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers 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. 3.

 Section 115921 of the Health and Safety Code is amended to read:

115921.

 As used in this article the following terms have the following meanings:

(a) “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.

(b) “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.

(c) “Enclosure” means a fence, wall, or other barrier that isolates a swimming pool from access to the home.

(d)“Approved safety pool cover” means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.

(e)“Exit alarms” means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

(f)

(d) “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).

(g)

(e) “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.

SEC. 2.SEC. 4.

 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 the ASTM International Specifications F2286 standards standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.

(3) An approved 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 F1346-91 standard, is in good repair, and can be opened and closed by automated mechanics. International F1346-23 standard.

(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 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 repeating 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 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 International F2208 “Standard Safety Specification for Residential Pool Alarms,” standard 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, ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization 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.

SEC. 5.

 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) Public swimming pools.

(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346). ASTM International F1346 standard.

(c) An apartment complex, or any residential setting other than a single-family home.

SEC. 3.SEC. 6.

 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.