SB 442: Public health: pools: drownings.

Under the existing 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 one of 7 drowning prevention safety features. The existing act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work. The existing act does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified.

This bill would instead require, when a building permit is issued, that the pool or spa be equipped with at least 2 of 7 specified drowning prevention safety features. The bill would revise the characteristics of some of those safety features. The bill would also delete the exemption from the act of political subdivisions that adopt ordinances for swimming pools. By imposing additional duties on local officials, the bill would impose a state-mandated local program.

Existing law defines terms related to paid home inspections in connection with the transfer of real property, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspectors employer, as specified, has a financial interest.

This bill would, as part of the definition of home inspection for the transfer of real property, specify that an appropriate inspection of real property with a swimming pool or spa would include 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. The bill would also require that the information be included in the home inspection report, as specified.

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.