Bill Text: CA SB736 | 2021-2022 | Regular Session | Introduced
Bill Title: Public safety: pools and spas: drowning prevention: home inspectors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB736 Detail]
Download: California-2021-SB736-Introduced.html
Introduced by Senator Newman |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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 7195 of the Business and Professions Code is amended to read:7195.
For purposes of this chapter, the following definitions apply:(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.
(3)
(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
(d)A “home inspector” is any
(e)
SEC. 2.
Section 7196.5 is added to the Business and Professions Code, to read:7196.5.
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:SEC. 3.
Section 7199.5 of the Business and Professions Code is amended to read:7199.5.
(a) All home inspections, including those defined inSEC. 4.
Section 115921 of the Health and Safety Code is amended to read:115921.
As used in this(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)
(g)
SEC. 5.
Section 115922 of the Health and Safety Code is amended to read:115922.
(a) Except as provided in Section(b)