Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. For purposes of the act, a child daycare facility includes a daycare center and a family daycare home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the providers 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 licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool to have specified drowning safety features, including an enclosure and a cover or alarm, that meet specified standards. The bill would require a licensed daycare center with an in-ground swimming pool to have either a mesh fence, enclosure, or, if the pool is indoors, a self-closing door, as specified, and a 2nd, redundant feature that prevents children in the daycare center from entering the pool area unattended. The bill would also require safety equipment meeting certain specifications to be visible from the swimming pool and readily available for immediate use. The bill would require the licensees to perform a daily inspection of the safety features and safety equipment and maintain a log to be provided to the department upon request. The bill would require the department to by January 1, 2027, adopt regulations regarding bodies of water at daycare facilities regulated by the department and would require the department to prescribe drowning safety standards governing all swimming pools and bodies of water located at facilities regulated by the department. The bill would authorize the department to implement the changes by written directives until January 1, 2027. Because a willful or repeated violation of these provisions by a child daycare 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.

This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by SB 552 to be operative only if this bill and SB 552 are enacted and this bill is enacted last.

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.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. For purposes of the act, a child daycare facility includes a daycare center and a family daycare home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the providers 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 licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool to have specified drowning safety features, including an enclosure and a cover or alarm, that meet specified standards. The bill would require a licensed daycare center with an in-ground swimming pool to have either a mesh fence, enclosure, or, if the pool is indoors, a self-closing door, as specified, and a 2nd, redundant feature that prevents children in the daycare center from entering the pool area unattended. The bill would also require safety equipment meeting certain specifications to be visible from the swimming pool and readily available for immediate use. The bill would require the licensees to perform a daily inspection of the safety features and safety equipment and maintain a log to be provided to the department upon request. The bill would require the department to by January 1, 2027, adopt regulations regarding bodies of water at daycare facilities regulated by the department and would require the department to prescribe drowning safety standards governing all swimming pools and bodies of water located at facilities regulated by the department. The bill would authorize the department to implement the changes by written directives until January 1, 2027. Because a willful or repeated violation of these provisions by a child daycare 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.

This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by SB 552 to be operative only if this bill and SB 552 are enacted and this bill is enacted last.

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.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. For purposes of the act, a child daycare facility includes a daycare center and a family daycare home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the providers 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 daycare facility licensed by the department as a licensed family daycare home with a operated at a private single-family dwelling with an in-ground swimming pool to have either the mesh fence or enclosure and either a pool cover or safety alarm. specified drowning safety features, including an enclosure and a cover or alarm, that meet specified standards. The bill would require a child daycare facility licensed by the department as a licensed daycare center with a an in-ground swimming pool to have either a mesh fence, enclosure, or, if the pool is indoors, a self-closing door, as specified, and a 2nd, redundant feature that prevents children in the daycare center from entering the pool area unattended. The bill would also require safety equipment meeting certain specifications to be readily visible and available for use. visible from the swimming pool and readily available for immediate use. The bill would require the child daycare facility licensees to perform a daily inspection of the safety features and safety equipment and maintain a log to be provided to the department during scheduled inspections. upon request. The bill would require the department to update its regulations accordingly. by January 1, 2027, adopt regulations regarding bodies of water at daycare facilities regulated by the department and would require the department to prescribe drowning safety standards governing all swimming pools and bodies of water located at facilities regulated by the department. The bill would authorize the department to implement the changes by written directives until January 1, 2027. Because a willful or repeated violation of these provisions by a child daycare 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.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care daycare facilities by the State Department of Social Services. For purposes of the act, a child day care daycare facility includes a day care daycare center and a family day care daycare home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the providers 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 daycare facility licensed by the department as a family daycare home with a swimming pool to have either the mesh fence or enclosure and either a pool cover or safety alarm. The bill would require a child daycare facility licensed by the department as a daycare center with a swimming pool to have either a mesh fence, enclosure, or, if the pool is indoors, a self-closing door, as specified, and a 2nd, redundant feature that prevents children in the daycare center from entering the pool area unattended. The bill would also require safety equipment meeting certain specifications to be readily visible and available for use. The bill would require the child day care daycare 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 daycare 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.

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 providers 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 also require safety equipment meeting certain specifications to be readily visible and available for use. 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.

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 providers 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2866

Author:(Pellerin)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Requires a licensed child care facility, either a family daycare home or a child day care center, with a swimming pool on the premises to have at least two safety features specified in the Swimming Pool Safety Act.

Senate Amendments

1. Adopt technical assistance provided by the Department of Social Services (CDSS) that revise and recast the bill to specify separate pool safety standards for family daycare home or a child day care center.
2. Require CDSS to adopt regulations to implement drowning prevention safety standards for other bodies of water located at daycare facilities regulated by the department by January 1, 2027.
3. Add amendments to prevent chaptering out issues with SB 522 (Newman).

COMMENTS

Background: Drowning Fatalities and Near-Drowning Injuries. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S.

According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability.

Pool Safety Regulations. At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. Locally, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

The California Swimming Pool Safety Act, established in 1996, and updated several times over the years, requires the construction of a new swimming pool or the remodeling of an existing swimming pool at a private single-family home to be equipped with at least two of seven drowning prevention safety features, including: an enclosure; a mesh fence; a safety pool cover; exit alarms; a self-closing, self-latching device; an alarm that will sound upon detection of accidental or unauthorized entrance into the water; or, other means of protection that has been verified by an approved testing laboratory.

Existing law exempts facilities regulated by CDSS, including child daycare facilities, group homes, and senior facilities from the Swimming Pool Safety Act. Regulations for these facilities require a fence, but not a second safety feature. Regulations also require daycare center directors and licensees of family daycare homes to have at least one staff member be certified in pediatric first aid and cardiopulmonary resuscitation, and remain on-site at all times.

This bill aims to increase safety standards for swimming pools, not only in childcare facilities, but across all CDSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act. This bill also adds additional swimming pool safety equipment requirements for childcare facilities.

According to the Author

"On Monday October 2, 2023, 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.

"[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens."

Arguments in Support

American Academy of Pediatrics California writes, "Ensuring that child day care facilities implement comprehensive pool safety measures is essential in preventing tragic accidents and safeguarding the lives of our youth. By requiring the installation of safety barriers and implementing regular inspections, [this bill] seeks to mitigate the risk of drowning incidents and promote a safe environment for children to thrive."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee on August 5, 2024:

1. The California Department of Social Services (CDSS) estimates General Fund costs of $352,000 in 2024-25, $344,000 in 2025-26, and $172,000 in 2026-27 and annually thereafter to develop promulgations, draft policies and procedures, and update guidance and forms.
2. Costs to local building officials for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

VOTES:

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM HEALTH: 15-0-1

YES: Bonta, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: Waldron

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: August 23, 2024

CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0004947

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2866

Author:(Pellerin)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Requires a licensed child care facility, either a family daycare home or a child day care center, with a swimming pool on the premises to have at least two safety features specified in the Swimming Pool Safety Act.

Senate Amendments

1. Adopt technical assistance provided by the Department of Social Services (CDSS) that revise and recast the bill to specify separate pool safety standards for family daycare home or a child day care center.
2. Require CDSS to adopt regulations to implement drowning prevention safety standards for other bodies of water located at daycare facilities regulated by the department by January 1, 2027.
3. Add amendments to prevent chaptering out issues with SB 522 (Newman).

COMMENTS

Background: Drowning Fatalities and Near-Drowning Injuries. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S.

According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability.

Pool Safety Regulations. At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. Locally, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

The California Swimming Pool Safety Act, established in 1996, and updated several times over the years, requires the construction of a new swimming pool or the remodeling of an existing swimming pool at a private single-family home to be equipped with at least two of seven drowning prevention safety features, including: an enclosure; a mesh fence; a safety pool cover; exit alarms; a self-closing, self-latching device; an alarm that will sound upon detection of accidental or unauthorized entrance into the water; or, other means of protection that has been verified by an approved testing laboratory.

Existing law exempts facilities regulated by CDSS, including child daycare facilities, group homes, and senior facilities from the Swimming Pool Safety Act. Regulations for these facilities require a fence, but not a second safety feature. Regulations also require daycare center directors and licensees of family daycare homes to have at least one staff member be certified in pediatric first aid and cardiopulmonary resuscitation, and remain on-site at all times.

This bill aims to increase safety standards for swimming pools, not only in childcare facilities, but across all CDSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act. This bill also adds additional swimming pool safety equipment requirements for childcare facilities.

According to the Author

"On Monday October 2, 2023, 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.

"[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens."

Arguments in Support

American Academy of Pediatrics California writes, "Ensuring that child day care facilities implement comprehensive pool safety measures is essential in preventing tragic accidents and safeguarding the lives of our youth. By requiring the installation of safety barriers and implementing regular inspections, [this bill] seeks to mitigate the risk of drowning incidents and promote a safe environment for children to thrive."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee on August 5, 2024:

1. The California Department of Social Services (CDSS) estimates General Fund costs of $352,000 in 2024-25, $344,000 in 2025-26, and $172,000 in 2026-27 and annually thereafter to develop promulgations, draft policies and procedures, and update guidance and forms.
2. Costs to local building officials for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

VOTES:

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM HEALTH: 15-0-1

YES: Bonta, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: Waldron

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

UPDATED

VERSION: August 23, 2024

CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0004947

 THIRD READING  

Bill No: AB 2866

Author: Pellerin (D), et al.

Amended: 8/23/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/17/24

AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Hurtado, Menjivar

SENATE HEALTH COMMITTEE: 11-0, 7/3/24

AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 72-0, 5/22/24 - See last page for vote

SUBJECT: Pool safety: State Department of Social Services regulated facilities

SOURCE: Author

DIGEST:

This bill requires a licensed child care facility, either a family daycare home or a child day care center, with a swimming pool on the premises to have at least two safety features specified in the Swimming Pool Safety Act.

Senate Floor Amendments of 8/23/24 incorporate technical assistance from the Department of Social Services (DSS), add specificity to some of the requirements, and include chaptering out amends for SB 552 (Newman, 2024).

ANALYSIS:

Existing law:

1. Establishes the California Child Day Care Facilities Act to create a separate licensing category for child day care centers and family daycare homes within the existing licensing structure at the Department of Social Services (CDSS). (Health and Safety Code [HSC] 1596.70 et seq.)
2. Defines “child day care facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored child care centers, and family daycare homes. (HSC 1596.750)
3. Defines “day care center” to mean a child day care facility other than a family daycare home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers with a single license. (HSC 1596.76)
4. Defines “family daycare home” 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, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Defines “large family daycare home” as a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home. Defines “small family daycare home” as a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home. (HSC 1596.78)
5. Prohibits any person or entity operating a child day care facility from providing care or supervision without a valid license from CDSS. (22 CCR 101156(a))
6. Directs CDSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a day care center. (HSC 1597.13)
7. Establishes the Swimming Pool Safety Act, which imposes requirements for a new or remodeled swimming pool or spa at a private single-family home to be equipped with at least two of seven drowning prevention features, as specified. (HSC 115920 et seq.)
8. States that the Swimming Pool Safety Act does not apply to any facility regulated by CDSS even if the facility is also used as the private residence of the operator, and provides that pool safety in those facilities shall be regulated pursuant to regulations adopted by CDSS. (HSC 115926)

This bill:

1. Requires a licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool on the premises to comply with all of the following requirements:
   1. The swimming pool shall be equipped with, at minimum, the following drowning prevention safety features:
      1. An enclosure, including, but not limited to, a fence, wall, or other barrier that isolates the swimming pool from access to the family daycare home and has all of the following characteristics:
         1. An access gate that opens away from the swimming pool and is self-closing with a self-latching, key lockable device placed no lower than 60 inches above the ground.
         2. A minimum height of 60 inches.
         3. A maximum vertical clearance of two inches from the ground to the bottom of the enclosure.
         4. No gaps or voids that can allow the passage of a sphere with a diameter equal to or greater than four inches.
         5. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child to climb over.
         6. For mesh fencing that does not meet the above characteristics, the licensee must provide documentation that establishes the mesh fencing is compliant with the American Society for Testing and Materials (ASTM) International Standard F2286.
      2. In addition to the characteristics described in (i), at least one of the following:
         1. An approved safety pool cover that is manually or power operated and meets the performance standards of ASTM International Standard F1346-23. The licensee shall maintain and make available for inspection, upon the request by CDSS, documentation that establishes the cover is compliant.
         2. An alarm that, when placed in a swimming pool, will sound upon detecting an entrance into the water. The alarm shall be turned on and be in working condition during a facility’s operating hours while the swimming pool is not in use. A licensee shall maintain and make available for inspection, upon request by CDSS, documentation that establishes the alarm is compliant with ASTM International Standard F2208.
   2. The licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use:
      1. A life ring with a minimum exterior diameter of 17 inches and labeled as approved by the United States Coast Guard.
      2. A rescue pole with a minimum fixed length of 12 feet.
   3. A licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to CDSS upon request.
   4. Other safety requirements as determined necessary by CDSS in regulations, or as determined by statute.
2. Requires a licensed day care center with an in-ground swimming pool on the premises to comply with the following drowning prevention safety features:
   1. The swimming pool shall be equipped with at least one of the following drowning prevention safety features:
      1. An enclosure, as described in (1)(a)(i) above.
      2. If the swimming pool is indoors, a self-closing door that has either a self-latching device, as specified, or requires a key card, code, or other means to restrict opening.
   2. The swimming pool shall have a second, redundant feature that prevents children in the day care center from entering the pool area unattended.
   3. The licensee shall have the following safety visible from the swimming pool and readily available for immediate use:
      1. A life ring with a minimum exterior diameter of 17 inches with a United States Coast Guard approval label.
      2. A rescue pole with a body hook and a minimum fixed length of 12 feet.
   4. The licensee shall perform a daily inspection of all of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to CDSS upon request.
   5. Other safety requirements as determined necessary by the department in regulations, or as determined in statute.
3. Requires CDSS to update its regulations accordingly, in addition to regulations implementing drowning prevention safety standards for other bodies of water located at daycare facilities regulated by CDSS and not specified in this bill, by January 1, 2027. Allows CDSS to implement, interpret, make specific, and administer the changes made by this section by means of written directives that shall have the same force and effect as regulations, until January 1, 2027.
4. Repeals a provision exempting any facility regulated by CDSS from adhering to the Swimming Pool Safety Act.
5. Incorporates “chaptering out” language should both this bill and SB 552 (Newman, 2024) be enacted and become effective.

Background

Recent Drowning Fatality at a San Jose Family Child Care Home

In 2023, two infants, Lillian Hanan and Payton Cobb, fell into a swimming pool at Happy Happy Daycare in San Jose and fatally drowned. A third child was hospitalized and survived. According to CDSS’ Community Care Licensing Division, licensing program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the family child care home to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. After an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the pool gate afterward. The gate was not checked on by either of the owners of Happy Happy Daycare. After the children arrived at the family child care home, one of the owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the owner stepped back outside and found an infant floating in the shallow end of the pool, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted. According to news reports, the two owners of the family child care home are facing child endangerment charges related to the infant fatalities.

Child Care Licensing Regulations

The licensure, maintenance, and operation of child day care facilities are governed by the California Child Day Care Facilities Act. The California Child Day Care Facilities Act and corresponding regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements for licensed child care. CDSS’s Child Care Licensing Program within the Community Care Licensing Division is charged with ensuring licensed child care facilities meet health and safety standards through technical assistance, inspections, and partnerships with providers and the child care community.

Regulations require licensed child care centers and homes to ensure that pools are inaccessible through the use of a pool cover or surrounding fence, as specified (22 CCR 101238 and 22 CCR 102417). Regulations also require a licensee to notify CDSS of a proposed installation of a swimming pool, spa, fish pond, decorative water feature, fountain, or other body of water prior to making alterations or additions to a family child care home or grounds (22 CCR 102416.3). This bill requires a licensed child care facility with a swimming pool to have both of the following: an enclosure or removable mesh fencing in conjunction with a gate, and an approved safety pool cover or an alarm that sounds upon detection of accidental or unauthorized entrance into the water.

Department of Public Health Guidance and Reporting

The Department of Public Health maintains an internet website with information on toddler drowning prevention pursuant to the Swimming Pool Safety Act. The website includes safety tips for adult supervision and using safety barriers, and links to additional educational materials on pool safety. According to data from the Department of Public Health, 26 children ages zero through five died from drowning in 2022.

Governor’s Letter on Drowning Prevention

In May 2024, Governor Newsom issued a letter in recognition of Drowning Prevention Month. According to the letter, drowning is a leading cause of injury-related deaths among California children ages four and under, with an average of more than 51 new deaths per year. The letter also states that near-drowning accidents can cause permanent brain damage, and that the Department of Developmental Services serves nearly 750 survivors of preventable near-drownings who require lifelong assistance for their disabilities.

According to the Department of Developmental Services, victims of near-drowning accidents often experience disabilities for the remainder of their lives, including central nervous system damage, which can result in loss of memory, seizures, learning disabilities, paralysis, and sometimes coma. Victims may also experience a lifetime of medical problems, including respiratory, cardiovascular, and neuromuscular disorders.

Comments

This bill seeks to require family child care homes and licensed child care centers with a swimming pool to comply with drowning prevention safety practices, including daily inspection and maintaining certain equipment. While licensed child care facilities are already subject to Title 22 regulations requiring pools to have a pool cover or surrounding fence, this bill would strengthen safety precautions. Strengthening pool safety to avoid injuries and fatalities related to child drowning seems to be in alignment with existing state laws and the Governor’s recent letter in recognition of Drowning Awareness Month.

Related/Prior Legislation

SB 552 (Newman, 2023) revises and update provisions of the Swimming Pool Safety Act. SB 552 is pending on the Assembly Floor.

SB 442 (Newman, Chapter 670, Statutes of 2017), among other things, required, when a building permit is issued, that the pool or spa be equipped with at least two of seven specified drowning prevention safety features.

AB 2977 (Mullin, Chapter 478, Statutes of 2006), among other things, required new and remodeled pools and spas to provide at least one safety feature from a list of eligible features.

AB 24 (Negrete McLeod, Chapter 433, Statutes of 2003), among other things, encouraged a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch within the Department of Health Services, to produce an informative brochure or booklet for consumer use explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for home swimming pools and spas. AB 24 required the Department of Health Services to review, approve, and post the document on its website.

AB 3305 (Setencich, Chapter 925, Statutes of 1996) established the Swimming Pool Safety Act.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• “The CDSS estimates General Fund costs of $352,000 in 2024-25, $344,000 in 2025-26, and $172,000 in 2026-27 and annually thereafter to develop promulgations, draft policies and procedures, and update guidance and forms.”
• “Costs to local building officials for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.”

SUPPORT: (Verified 8/15/24)

American Academy of Pediatrics, California

Association of Regional Center Agencies

California Pool & Spa Association

Health Officers Association of California

OPPOSITION: (Verified 8/15/24)

None received

ASSEMBLY FLOOR: 72-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

8/25/24 13:35:50

**** END ****

 THIRD READING  

Bill No: AB 2866

Author: Pellerin (D), et al.

Amended: 7/3/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/17/24

AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Hurtado, Menjivar

SENATE HEALTH COMMITTEE: 11-0, 7/3/24

AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 72-0, 5/22/24 - See last page for vote

SUBJECT: Pool safety: State Department of Social Services regulated facilities

SOURCE: Author

DIGEST:

This bill requires a licensed child care facility, either a family daycare home or a child day care center, with a swimming pool on the premises to adhere to have at least two safety features specified in the Swimming Pool Safety Act.

ANALYSIS:

Existing law:

1. Establishes the California Child Day Care Facilities Act to create a separate licensing category for child day care centers and family daycare homes within the existing licensing structure at the Department of Social Services (CDSS). (Health and Safety Code [HSC] §1596.70 et seq.)
2. Defines “child day care facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored child care centers, and family daycare homes. (HSC §1596.750)
3. Defines “day care center” to mean a child day care facility other than a family daycare home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers with a single license. (HSC§ 1596.76)
4. Defines “family daycare home” 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, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Defines “large family daycare home” as a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home. Defines “small family daycare home” as a facility that provides care, protection, and supervision for 8 or fewer children, including children under 10 years of age who reside at the home. (HSC §1596.78)
5. Prohibits any person or entity operating a child day care facility from providing care or supervision without a valid license from CDSS. (Title 22 CCR §101156(a))
6. Directs CDSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a day care center.

(HSC§ 1597.13)

1. Establishes the Swimming Pool Safety Act, which imposes requirements for a new or remodeled swimming pool or spa at a private single-family home to be equipped with at least two of seven drowning prevention features, as specified. (HSC §115920 et seq.)
2. States that the Swimming Pool Safety Act does not apply to any facility regulated by CDSS even if the facility is also used as the private residence of the operator, and provides that pool safety in those facilities shall be regulated pursuant to regulations adopted by CDSS. (HSC §115926)

This bill:

1. Requires a child day care facility licensed by CDSS as a family daycare home with a swimming pool on the premises to comply with all of the following requirements:
   1. The swimming pool shall be equipped with at least two of the seven safety features described in HSC Section 115922, which shall include one feature in both of the following categories:
      1. Either an enclosure, as specified, that isolates the swimming pool or spa from the private single-family home, or removable mesh fencing in conjunction with a gate, as specified; and
      2. An approved safety pool cover, as specified, or an alarm that will sound upon detection of accidental or unauthorized entrance into the water, as specified.
   2. The swimming pool shall have the following safety equipment readily visible and available for use:
      1. A life ring with a minimum exterior diameter of 17 inches.
      2. A rescue pole with a minimum fixed length of 12 feet.
   3. 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 CDSS during scheduled inspections.
2. Requires a child day care facility licensed by CDSS as a day care center with a swimming pool on the premises to comply with all of the following requirements:
   1. The swimming pool shall be equipped with at least one of the following safety features:
      1. An enclosure, as described in HSC Section115923.
      2. A mesh fence, as described in HSC Section 115922(a)(2).
      3. If the swimming pool is indoors, a self-closing door that has either a self-latching device, as specified, or requires a key card, code, or other means to restrict opening.
   2. The swimming pool shall have a second, redundant feature that prevents children in the day care center from entering the pool area unattended.
   3. The swimming pool shall have the following safety equipment readily visible and available for use:
      1. A life ring with a minimum exterior diameter of 17 inches.
      2. A rescue pole with a minimum fixed length of 12 feet.
      3. 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 CDSS during scheduled inspections.
3. Requires CDSS to update its regulations accordingly.
4. Repeals a provision exempting any facility regulated by CDSS from adhering to the Swimming Pool Safety Act.

Background

1. Recent Drowning Fatality at a San Jose Family Child Care Home. In 2023, two infants, Lillian Hanan and Payton Cobb, fell into a swimming pool at Happy Happy Daycare in San Jose and fatally drowned. A third child was hospitalized and survived. According to CDSS’ Community Care Licensing Division, licensing program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the family child care home to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. After an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the pool gate afterward. The gate was not checked on by either of the owners of Happy Happy Daycare. After the children arrived at the family child care home, one of the owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the owner stepped back outside and found an infant floating in the shallow end of the pool, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted. According to news reports, the two owners of the family child care home are facing child endangerment charges related to the infant fatalities.
2. Child Care Licensing Regulations. The licensure, maintenance, and operation of child day care facilities are governed by the California Child Day Care Facilities Act. The California Child Day Care Facilities Act and corresponding regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements for licensed child care. CDSS’s Child Care Licensing Program within the Community Care Licensing Division is charged with ensuring licensed child care facilities meet health and safety standards through technical assistance, inspections, and partnerships with providers and the child care community.

Regulations require licensed child care centers and homes to ensure that pools are inaccessible through the use of a pool cover or surrounding fence, as specified (22 CCR Section101238 and 22 CCR Section 102417). Regulations also require a licensee to notify CDSS of a proposed installation of a swimming pool, spa, fish pond, decorative water feature, fountain, or other body of water prior to making alterations or additions to a family child care home or grounds (22 CCR Section102416.3). This bill would require a licensed child care facility with a swimming pool to have both of the following: an enclosure or removable mesh fencing in conjunction with a gate, and an approved safety pool cover or an alarm that sounds upon detection of accidental or unauthorized entrance into the water.

1. Department of Public Health Guidance and Reporting. The Department of Public Health maintains an internet website with information on toddler drowning prevention pursuant to the Swimming Pool Safety Act. The website includes safety tips for adult supervision and using safety barriers, and links to additional educational materials on pool safety. According to data from the Department of Public Health, 26 children ages zero through five died from drowning in 2022.
2. Governor’s Letter on Drowning Prevention. In May 2024, Governor Newsom issued a letter^[1] in recognition of Drowning Prevention Month. According to the letter, drowning is a leading cause of injury-related deaths among California children ages four and under, with an average of more than 51 new deaths per year. The letter also states that near-drowning accidents can cause permanent brain damage, and that the Department of Developmental Services serves nearly 750 survivors of preventable near-drownings who require lifelong assistance for their disabilities.

According to the Department of Developmental Services, victims of near-drowning accidents often experience disabilities for the remainder of their lives, including central nervous system damage, which can result in loss of memory, seizures, learning disabilities, paralysis, and sometimes coma. Victims may also experience a lifetime of medical problems, including respiratory, cardiovascular, and neuromuscular disorders.

Related/Prior Legislation

SB 442 (Newman, Chapter 670, Statutes of 2017) required, among other things, when a building permit is issued, that the pool or spa be equipped with at least two of seven specified drowning prevention safety features.

AB 2977 (Mullin, Chapter 478, Statutes of 2006) required, among other things, new and remodeled pools and spas to provide at least one safety feature from a list of eligible features.

AB 24 (Negrete McLeod, Chapter 433, Statutes of 2003) encouraged, among other things, a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch within the Department of Health Services, to produce an informative brochure or booklet for consumer use explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for home swimming pools and spas. AB 24 required the Department of Health Services to review, approve, and post the document on its website.

AB 3305 (Setencich, Chapter 925, Statutes of 1996) established the Swimming Pool Safety Act.

Comments

This bill seeks to require family child care homes and licensed child care centers to have at least two safety features specified in the Swimming Pool Safety Act. While licensed child care facilities are already subject to Title 22 regulations requiring pools to have a pool cover or surrounding fence, this bill would strengthen safety precautions by imposing additional requirements for pool safety features. Strengthening pool safety to avoid injuries and fatalities related to child drowning seems to be in alignment with existing state laws and the Governor’s recent letter in recognition of Drowning Awareness Month.

This bill would repeal a provision that currently exempts any facility regulated by CDSS from the Swimming Pool Safety Act. In addition to child care facilities, CDSS also licenses adult care facilities, children’s residential facilities, continuing care facilities, and home care services. Repealing this provision would also eliminate this exemption for other facilities licensed by CDSS. The author may wish to consider explicitly specifying that child care facilities are subject to the Swimming Pool Safety Act instead of repealing this exemption for all facilities licensed by CDSS.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee,

• “The CDSS estimates General Fund costs of $352,000 in 2024-25, $344,000 in 2025-26, and $172,000 in 2026-27 and annually thereafter to develop promulgations, draft policies and procedures, and update guidance and forms.”
• “Costs to local building officials for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.”

SUPPORT: (Verified 8/15/24)

American Academy of Pediatrics, California
Association of Regional Center Agencies
California Pool & Spa Association
Health Officers Association of California

OPPOSITION: (Verified 8/15/24)

None received

ASSEMBLY FLOOR: 72-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

8/18/24 13:37:18

**** END ****

1. https://www.dds.ca.gov/wp-content/uploads/2024/05/2024_Drowning_Prevention_Month.pdf ↑

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2866 (Pellerin) - Pool safety: State Department of Social Services regulated facilities

Bill Summary:

AB 2866 would impose additional requirements on a licensed child care facility with a swimming pool.

Fiscal Impact:

• The California Department of Social Services (CDSS) estimates General Fund costs of $352,000 in 2024-25, $344,000 in 2025-26, and $172,000 in 2026-27 and annually thereafter to develop promulgations, draft policies and procedures, and update guidance and forms.
• Costs to local building officials for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

Background:

The CDSS is responsible for the licensure of child day care facilities, which includes general health and safety requirements, staff-to-child ratios, and provider training requirements. The CDSS ensures licensed child care facilities meet health and safety standards through technical assistance, inspections, and partnerships with providers and the child care community.

Regulations require licensed child care centers and homes to ensure that pools are inaccessible through the use of a pool cover or surrounding fence, as specified. Regulations also require a licensee to notify CDSS of a proposed installation of a swimming pool, spa, fish pond, decorative water feature, fountain, or other body of water prior to making alterations or additions to a family child care home or grounds.

The Swimming Pool Safety Act imposes requirements for a new or remodeled swimming pool or spa at a private single-family home to be equipped with at least two of seven drowning prevention features, as specified. Current law states that the Swimming Pool Safety Act does not apply to any facility regulated by CDSS even if the facility is also used as the private residence of the operator, and provides that pool safety in those facilities are regulated pursuant to CDSS regulations. Current law requires, before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official to inspect the required drowning safety prevention features and, if no violations are found, to give final approval.

Proposed Law:

Specific provisions of the bill would:

• Require a child daycare facility licensed by CDSS as a family daycare home with a swimming pool on the premises to comply with all of the following requirements:
  • The swimming pool must be equipped with at least two safety features, as described, which must include one feature in both of the following categories:
    • Either an enclosure, as described, or a mesh fence, as described.
    • Either a cover, as described, or an alarm, as described.
  • The swimming pool must also have the following safety equipment readily visible and available for use:
    • A life ring with a minimum exterior diameter of 17 inches.
    • A rescue pole with a minimum fixed length of 12 feet.
  • 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 CDSS during scheduled inspections.
• Require a child daycare facility licensed by the CDSS as a daycare center with a swimming pool on the premises to comply with all of the following requirements:
  • The swimming pool must be equipped with at least one of the following safety features:
    • An enclosure, as described.
    • A mesh fence, as described.
    • If the swimming pool is indoors, a self-closing door that has either a self-latching device no lower than 60 inches above the ground, or requires a key card, code, or other means to restrict opening.
  • The swimming pool must have a second, redundant feature that prevents children in the daycare center from entering the pool area unattended.
  • The swimming pool must also have the following safety equipment readily visible and available for use:
    • A life ring with a minimum exterior diameter of 17 inches.
    • A rescue pole with a minimum fixed length of 12 feet.
  • 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 CDSS during scheduled inspections.
• Require CDSS to update its regulations.
• Repeal a provision exempting any facility regulated by CDSS from adhering to the Swimming Pool Safety Act.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Richard Roth, Chair

BILL NO: AB 2866

SUBJECT: Pool safety: State Department of Social Services regulated facilities

SUMMARY:

Requires child day care facilities with a pool or spa licensed by the California Department of Social Services (CDSS) to have at least two safety features specified in the Swimming Pool Safety Act, including an enclosure or fence and a cover or alarm, and specified safety equipment readily visible. Requires the facility to perform a daily inspection of the safety features prior to opening. Repeals an exemption from the Swimming Pool Safety Act for facilities licensed by CDSS.

Existing law:

1. Establishes the Swimming Pool Safety Act, which requires, when a building permit is used 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, for the swimming pool or spa to be equipped with at least two of the following seven drowning prevention safety features:
2. An enclosure with specified characteristics that isolates the swimming pool or spa from the private single-family home;
3. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) specifications standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device;
4. An approved safety pool cover;
5. Exit alarms on the private single family home’s doors that provide direct access to the swimming pool or spa;
6. 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;
7. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; and,
8. Other means of protection if the protection afforded is greater or equal to that afforded by the features above and has been independently verified by an appropriate laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers. [HSC §115922]
9. Exempts any facility regulated by CDSS from these requirements, even if the facility is also used as the private residence of the operator, and instead requires CDSS to regulate pool safety through regulations. [HSC §115926]
10. Requires public swimming pools to be operated and maintained in a sanitary, healthful and safe manner, including that all public pools having specified safety and first aid equipment, including life rings and rescue poles. [HSC §116040 and 22 CCR §65540]
11. Requires lifeguard service to be provided for any public swimming pool that is of wholly artificial construction and for the use of which a direct fee is charged. Defines “direct fee” as a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity. Requires signs clearly indicating that lifeguard service is not provided, when such service is not provided. [HSC §116045]
12. Establishes the California Child Day Care Facilities Act, which requires all providers of child day care facilities to operate with a current, valid license from CDSS. [HSC §1596.70, et seq. and §1596.80]
13. Establishes the following definitions:
    1. “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored childcare centers, and family day care homes. [HSC §1596.750]
    2. “Day care center” as a child day care facility other than a family day care home. [HSC §1596.76]
    3. “Family day care home” means 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, while the parents or guardians are away. [HSC §1596.78]
14. Requires all child day care center and family childcare home licensees to ensure the inaccessibility of pools, including swimming pools, fixed-in-place wading pools, hot tubs, spas, fishponds or similar bodies of water through a pool cover or by surrounding the pool with a fence meeting specified requirements. [22 CCR §101238 and §102417]
15. Requires CDSS to make a site visit prior to granting an application for license by a child day care center and to conduct unannounced inspections under specified circumstances or at least every three years. [HSC §1597.13 and §1597.09]

This bill:

1. Requires a child day care facility licensed by CDSS with a swimming pool or spa on the premises to comply with the following requirements:
2. Equip the swimming pool or spa with at least two safety features including an enclosure or mesh fence and a cover or alarm as specified in the Swimming Pool Safety Act;
3. Have a life ring of at least 17 inches in diameter and a rescue pole of at least 12 feet long, readily visible and available for use; and,
4. Perform a daily inspection of all the drowning prevention safety features before opening the facility and maintain a log of the inspections to be provided to CDSS during scheduled inspections.
5. Requires CDSS to update its regulations regarding the implementation of this section.
6. Repeals the exemption in the Swimming Pool Safety Act of facilities regulated by CDSS.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, DSS estimates General Fund costs of $352,000 in the first year, $344,000 in the second year, and $172,000 ongoing thereafter. These costs include one permanent staff position to serve as the lead expert on pool safety, as well as one limited-term position for two years to update and develop regulations, and draft and update guidance and forms.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, on Monday October 2, 2023 one-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead. This bill will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure, a secondary safety precaution will be able to prevent a drowning. Additionally, the bill will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two-step system in accordance with the law before the center opens.
2. Drowning. According to the Department of Public Health (CDPH), drowning takes the lives of more California toddlers than any other kind of accident. Children who manage to survive a “near drowning” often suffer permanent brain damage from lack of oxygen. Children one to four years old are at greatest risk. They are very active and curious, and they learn new skills every day. A child may fall in and drown silently without calling out for help. The whole event can happen in just a minute or two. Most of these drownings take place at the homes of parents, relatives or neighbors. With regards to safety barriers, CDPH states that a four-sided isolation fence is the best barrier as it completely surrounds the pool or spa. Other barriers approved by California law for use with new or remodeled home pools include pool safety covers, removable mesh pool fencing, self-closing and latching devices on the home’s doors, exit alarms on doors, swimming pool alarms, or any other barrier approved by local building officials. Experts agree it is best to use more than one safety method to increase the likelihood of keeping a child away from danger.
3. Regulation of pool safety in California. Pool safety regulation in California differs depending on whether the pool is in a private residence or a facility open to the public. Private residences are regulated by the Swimming Pool Safety Act, which specifies which barriers, enclosures, and alarms that are required when obtaining a permit for construction or remodeling of a private home. The focus is generally to make the pool safe when it is not in use. Pools open to the public have specified standards for water quality, sanitation, first aid, and safety equipment in statute and regulation. The focus is generally to make the pool safe to the public when it is in use. These pools may or may not require a lifeguard, depending on whether a fee is charged specifically for the activity of swimming, or whether the public is charged for activities or services that include the use of the pool. For instance, gyms and hotels are not required to have lifeguards on duty because the fee charged to the public is for the use of their facilities, which include a pool. They are, however, required to have certain lifesaving equipment readily available.
4. CDSS regulation of pool safety for licensed childcare facilities. Facilities licensed by CDSS are currently exempt from the Swimming Pool Safety Act even if they are in private residences and are instead subject to regulations adopted by CDSS. While the Swimming Pool Safety Act requires at least two features to prevent drowning by physically blocking access to a pool or sounding an alarm when a pool is entered, the CDSS regulations only require one feature and exempt homes with existing pool fencing from the fence standards until the fence is replaced or altered. In other words, in many cases, homes not used as family day care homes are held to a higher standard than those that are family day care homes. On the other hand, the CDSS regulations do apply to other childcare centers that are not in family homes and apply the same fencing requirements to those centers.
5. Double referral. This bill was heard in the Senate Human Services Committee on June 17, 2024 and passed with a 5-0 vote.
6. Prior legislation. SB 442 (Newman, Chapter 670, Statutes of 2017) requires newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features. SB 442 also requires home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with any of the seven safety features.

AB 2977 (Mullin, Chapter 478, Statutes of 2006) added mesh fences and swimming pool alarms to the list of enumerated drowning prevention safety features in the Swimming Pool Safety Act, and requires remodeled pools and spas to cover drains with an anti-entrapment grate.

AB 3305 (Setencich, Chapter 925, Statutes of 1996) established the Swimming Pool Safety Act.

1. Support. The Association of Regional Center Agencies writes in support stating that hundreds of Californians receive regional center services due to the impacts of non-fatal drowning, which is an entirely preventable cause. The Health Officers Association of California write that this bill addresses a gap in safety standards by repealing an existing exemption that excludes CDSS-regulated facilities from compliance with the Swimming Pool Safety Act. The California Coalition for Children’s Safety and Health write that this bill will keep young children from accessing a pool at a childcare center unsupervised and also suggest that all personnel at childcare settings be trained in drowning CPR.
2. Policy comment. This bill takes some provisions from commercial pool regulation, other provisions from residential pool safety regulation, along with a daily safety verification and applies them to all childcare facilities, regardless of whether the childcare is provided in a home or another setting. While applying the same standards across the board makes sense on a policy level, the requirements of the Swimming Pool Safety Act that aim to separate a pool from the home, need to be modified for childcare centers that are not in homes. As such, the requirements should be separated by facility type and the non-residential requirements should be modified accordingly. Additionally, adding two safety features to keep children out of a pool needs some consideration for facilities where the pool may be in operation for adults or other children at the same time that children are in day care as happens in some multipurpose facilities. While separating a pool with a latching gate or door can work while a pool is in operation, a second feature such as an alarm or cover may not work if the pool is in operation intermittently or continuously during the childcare facility’s hours.
3. Amendments. The author and committee have agreed to amendments separating the provisions for family day care centers and other licensed day care facilities.

SUPPORT AND OPPOSITION:

Support: American Academy of Pediatrics, California

Association of Regional Center Agencies

California Coalition for Children’s Safety and Health

California Pool and Spa Association

County of Riverside

Health Officers Association of California

One individual

Oppose: None received.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: Pool safety: State Department of Social Services regulated facilities

SUMMARY

This bill requires a licensed child care facility with a swimming pool on the premises to adhere to the Swimming Pool Safety Act.

ABSTRACT

Existing Law:

1. Establishes the California Child Day Care Facilities Act to create a separate licensing category for child day care centers and family day care homes within the existing licensing structure at the Department of Social Services (CDSS). (Health and Safety Code [HSC] 1596.70 et seq.)
2. Defines “child day care facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored child care centers, and family daycare homes. (HSC 1596.750)
3. Defines “day care center” to mean a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and includes child care centers with a single license. (HSC 1596.76)
4. Defines “family daycare home” 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, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. Defines “large family daycare home” as a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home. Defines “small family daycare home” as a facility that provides care, protection, and supervision for 8 or fewer children, including children under 10 years of age who reside at the home. (HSC 1596.78)
5. Prohibits any person or entity operating a child day care facility from providing care or supervision without a valid license from CDSS. (22 CCR 101156(a))
6. Directs CDSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a day care center.

(HSC 1597.13)

1. Establishes the Swimming Pool Safety Act, which imposes requirements for a new or remodeled swimming pool or spa at a private single-family home to be equipped with at least two of seven drowning prevention features, as specified. (HSC 115920 et seq.)
2. States that the Swimming Pool Safety Act does not apply to any facility regulated by CDSS even if the facility is also used as the private residence of the operator, and provides that pool safety in those facilities shall be regulated pursuant to regulations adopted by CDSS. (HSC 115926)

This Bill:

1. Requires a child day care facility licensed by CDSS as either a day care center or a family day care home with a swimming pool on the premises to comply with all of the following requirements:
   1. The swimming pool shall be equipped with at least two of the seven safety features described in the Swimming Pool Safety Act, which shall include one feature in both of the following categories:
      1. Either an enclosure, as specified, that isolates the swimming pool or spa from the private single-family home, or removable mesh fencing in conjunction with a gate, as specified; and
      2. An approved safety pool cover, as specified, or an alarm that will sound upon detection of accidental or unauthorized entrance into the water, as specified.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations accordingly.
3. Repeals a provision exempting any facility regulated by CDSS from adhering to the Swimming Pool Safety Act.

FISCAL IMPACT

According to the Assembly Appropriations Committee analysis, “CDSS estimates General Fund costs of $352,000 in the first year, $344,000 in the second year, and $172,000 ongoing thereafter. These costs include one permanent staff position to serve as the lead expert on pool safety, as well as one limited-term position for two years to update and develop regulations, and draft and update guidance and forms. According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.”

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “On Monday October 2, 2023 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead. AB 2866 will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, the bill will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens.”

Recent Drowning Fatality at a San Jose Family Child Care Home

In 2023, two infants, Lillian Hanan and Payton Cobb, fell into a swimming pool at Happy Happy Daycare in San Jose and fatally drowned. A third child was hospitalized and survived. According to CDSS’ Community Care Licensing Division, licensing program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the family child care home to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. After an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the pool gate afterward. The gate was not checked on by either of the owners of Happy Happy Daycare. After the children arrived at the family child care home, one of the owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the owner stepped back outside and found an infant floating in the shallow end of the pool, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted. According to news reports, the two owners of the family child care home are facing child endangerment charges related to the infant fatalities.

Child Care Licensing Regulations

The licensure, maintenance, and operation of child day care facilities are governed by the California Child Day Care Facilities Act. The California Child Day Care Facilities Act and corresponding regulations establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements for licensed child care. CDSS’s Child Care Licensing Program within the Community Care Licensing Division is charged with ensuring licensed child care facilities meet health and safety standards through technical assistance, inspections, and partnerships with providers and the child care community.

Regulations require licensed child care centers and homes to ensure that pools are inaccessible through the use of a pool cover or surrounding fence, as specified (22 CCR 101238 and 22 CCR 102417). Regulations also require a licensee to notify CDSS of a proposed installation of a swimming pool, spa, fish pond, decorative water feature, fountain, or other body of water prior to making alterations or additions to a family child care home or grounds (22 CCR 102416.3). This bill would require a licensed child care facility with a swimming pool to have both of the following: an enclosure or removable mesh fencing in conjunction with a gate, and an approved safety pool cover or an alarm that sounds upon detection of accidental or unauthorized entrance into the water.

Department of Public Health Guidance and Reporting

The Department of Public Health maintains an internet website^[1] with information on toddler drowning prevention pursuant to the Swimming Pool Safety Act. The website includes safety tips for adult supervision and using safety barriers, and links to additional educational materials on pool safety. According to data from the Department of Public Health, 26 children ages zero through five died from drowning in 2022.

Governor’s Letter on Drowning Prevention

In May 2024, Governor Newsom issued a letter^[2] in recognition of Drowning Prevention Month. According to the letter, drowning is a leading cause of injury-related deaths among California children ages four and under, with an average of more than 51 new deaths per year. The letter also states that near-drowning accidents can cause permanent brain damage, and that the Department of Developmental Services serves nearly 750 survivors of preventable near-drownings who require lifelong assistance for their disabilities.

According to the Department of Developmental Services, victims of near-drowning accidents often experience disabilities for the remainder of their lives, including central nervous system damage, which can result in loss of memory, seizures, learning disabilities, paralysis, and sometimes coma. Victims may also experience a lifetime of medical problems, including respiratory, cardiovascular, and neuromuscular disorders.

Related/Prior Legislation:

SB 442 (Newman, Chapter 670, Statutes of 2017), among other things, required, when a building permit is issued, that the pool or spa be equipped with at least two of seven specified drowning prevention safety features.

AB 2977 (Mullin, Chapter 478, Statutes of 2006), among other things, required new and remodeled pools and spas to provide at least one safety feature from a list of eligible features.

AB 24 (Negrete McLeod, Chapter 433, Statutes of 2003), among other things, encouraged a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch within the Department of Health Services, to produce an informative brochure or booklet for consumer use explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for home swimming pools and spas. AB 24 required the Department of Health Services to review, approve, and post the document on its website.

AB 3305 (Setencich, Chapter 925, Statutes of 1996) established the Swimming Pool Safety Act.

COMMENTS

This bill seeks to make licensed child care centers and family child care homes subject to the Swimming Pool Safety Act. While licensed child care facilities are already subject to Title 22 regulations requiring pools to have a pool cover or surrounding fence, this bill would strengthen safety precautions by imposing additional requirements for pool safety features. Strengthening pool safety to avoid injuries and fatalities related to child drowning seems to be in alignment with existing state laws and the Governor’s recent letter in recognition of Drowning Awareness Month.

This bill would repeal a provision that currently exempts any facility regulated by CDSS from the Swimming Pool Safety Act. In addition to child care facilities, CDSS also licenses adult care facilities, children’s residential facilities, continuing care facilities, and home care services. Repealing this provision would also eliminate this exemption for other facilities licensed by CDSS. The author may wish to consider explicitly specifying that child care facilities are subject to the Swimming Pool Safety Act instead of repealing this exemption for all facilities licensed by CDSS.

PRIOR VOTES

POSITIONS

Support:

Association of Regional Center Agencies
California Pool & Spa Association
Health Officers Association of California

Oppose:

None

-- END --

1. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SACB/Pages/DrowningPreventionToddlerPoolandSpaSafety.aspx ↑

2. https://www.dds.ca.gov/wp-content/uploads/2024/05/2024_Drowning_Prevention_Month.pdf ↑

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 2866 (

Author:Pellerin) – As Introduced Ver:February 15, 2024

SUBJECT: Pool safety: State Department of Social Services regulated facilities

SUMMARY: Requires child daycare facilities regulated by the California Department of Social Services (CDSS) be subject to the Swimming Pool Safety Act. Specifically, this bill:

1. Requires a child daycare facility licensed by CDSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following requirements:
   1. Require the swimming pool be equipped with at least two safety features, which includes one feature in both of the following categories:
      1. Either an enclosure or mesh fence, as defined; and,
      2. Either a cover or an alarm, as defined.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations relating to the implementation of this section.
3. Repeals the exemption that any facility regulated by CDSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act. Further repeals provisions regarding pool safety in those facilities be regulated pursuant to regulations adopted therefor by CDSS.
4. Consistent with 1) and 2) above, requires when a building permit is issued 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 respective swimming pool or spa be equipped with at least two of the seven drowning prevention safety features, as specified.

EXISTING LAW:

State law:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child daycare centers and family daycare homes within CDSS’ existing licensing structure. (Health and Safety Code [HSC] § 1596.70 et seq.)
2. Defines the following terms:
   1. “Child daycare facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child daycare facilities include daycare centers, employer-sponsored childcare centers, and family daycare homes. (HSC § 1596.750)
   2. “Daycare center” to include infant centers, preschools, extended daycare facilities, and school-age childcare centers. (HSC § 1596.76)
   3. “Family daycare home” to mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, including children under 10 years of age who reside at the home, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away. (HSC § 1596.78)
3. Requires any person or entity operating, as specified, a child daycare facility in California to have a current valid license from CDSS. (22 California Code of Regulations [CCR] § 101156(a))
4. Directs CDSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a daycare center. (HSC § 1597.13)
5. Establishes the “Swimming Pool Safety Act”, encompassing regulations and requirements aimed at enhancing safety in and around swimming pools. (HSC § 115920 et seq.)
6. Defines the following terms:
   1. “Swimming pool” or “pool” to mean any structure intended for swimming or recreational bathing that contains water over 18 inches deep, which includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. (HSC § 115921(a))
   2. “Enclosure” to mean a fence, wall, or other barrier that isolates a swimming pool from access to the home. (HSC § 115921(c))
   3. “Approved safety pool cover” to mean a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials, in compliance with standard F1346-91. (HSC § 115921(d))
   4. “Exit alarms” to mean 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. (HSC § 115921(e))
7. Requires an enclosure to have all of the following characteristics:
   1. Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground;
   2. A minimum height of 60 inches;
   3. A maximum height clearance from the ground to the bottom of the enclosure of two inches;
   4. Gaps or voids, if any, that do not allow passage of a sphere equal to or greater than four inches in diameter; and,
   5. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five to climb over. (HSC § 115923)
8. Requires, whenever 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 pool or spa be equipped with at least two of the following drowning prevention safety features:
   1. An enclosure that meets specified requirements in 7) above 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. A proved safety pool cover, as defined;
   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 longer 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 FF2208 “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 frowning prevention safety feature; and,
   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. (HSC § 115922)
9. Requires local building code officials to inspect drowning-prevention features installed to comply with requirements and to give final approval for the completion of construction or remodeling if no violations are found. (HSC § 115922(b))
10. Requires all licensees to ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds, or similar bodies of water, through a pool cover by surrounding the pool with a fence. Provides further guidance on fencing requirements. (22 CCR §§ 101238(e); 102417(5))
11. Notwithstanding the requirements of 22 CCR Section 101238(e), fencing is not required for inflatable or other portable plastic wading pools with sides low enough for children using the pool(s) to step out unassisted. These pools shall be emptied after each use. (22 CCR § 101238.5(a))
12. Requires CDSS to issue a Notice of Operation in Violation of Law if it is found and documented that continued operation of the family childcare home will be dangerous to the health and safety of the children. Situations endangering the health and safety of the children shall include, but not be limited to, unfenced or accessible pools or other bodies of water. (22 CCR § 102357(3)(E))
13. Requires daycare center directors and licensees of a family daycare home to ensure that at least one staff member who has a current course completion card in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) issued by the American Red Cross, the American Heart Association, or by a training program that has been approved by the Emergency Medical Services Authority be on site at all times when children are present at the facility, and be present with the children when children are offsite from the facility for facility activities. (HSC § 1596.866(b))

Federal law:

1. Establishes the federal “Virginia Graeme Baker Pool and Spa Safety Act” (VGB Act) to prevent drain entrapment and child drowning in swimming pools and spas by requiring each public pool and spa in the United States to be equipped with specified anti-entrapment devices or systems, and requires each state to meet specified minimum state law requirements regarding pool and spa safety standards. (15 United States Code § 8001 et seq.)

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS: Childhood drowning is preventable. There are proven strategies and choices to prevent drowning-related injuries and death.

Background: Licensed Childcare. The California Child Day Care Facilities Act governs the licensure, maintenance, and operation of child daycare centers and family daycare homes in the state. This law and the associated regulations found in Title 22 of the CCR establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements. Daycare centers include infant centers, preschools, extended daycare facilities, and school-age childcare centers. CDSS’ Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state’s 10,481 childcare centers and 25,205 family childcare homes, according to 2021 data. As of January 2024, 158,959 children were served in licensed family childcare homes, 124,708 in childcare centers, and 82,704 in license-exempt settings in fiscal year 2022-23.

Drowning Fatalities and Near-Drowning Injuries. Swimming pools provide recreational opportunities but also pose significant risks, especially to children. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S. Additionally, the CDC highlights that for every child under the age of 18 who succumbs to drowning, another seven require emergency medical attention for nonfatal drowning incidents, often resulting in hospitalization.

In California, the Department of Developmental Services (DDS) also identifies drowning as the leading cause of injury-related death among children under the age of five. According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation.

Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability. DDS reported that as of December 2016 the agency was providing care for more than 755 near-drowning victims with severe brain damage resulting from the near-drowning. Several factors contribute to a greater risk of drowning among children, including a lack of swimming ability, inadequate or absent pool fencing, insufficient supervision, and failure to utilize life jackets.

Pool Safety Regulations. Regulations aim to mitigate these risks by establishing standards for pool safety features and practices. At the federal level, organizations such as the Consumer Product Commission (CPSC) play a central role in establishing and enforcing standards for swimming pools and related equipment. The CPSC’s guidelines cover a wide range of safety measures, including pool fencing, drain covers, alarm systems, and safety barriers.

At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. For example, whenever a building permit is granted for the construction of a new swimming pool or spa, or for the renovation of an existing one in a private single-family residence, it is mandatory for the pool or spa to be equipped with designated safety features.

At the local level, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

While the International Building Code and the majority of U.S. states require only one barrier to restrict access to residential pools, the California Swimming Pool Safety Act, established in 1996, and updated several times over the years, requires the construction of a new swimming pool or the remodeling of an existing swimming pool at a private single-family home to be equipped with at least two of seven drowning prevention safety features, including: an enclosure; a mesh fence; a safety pool cover; exit alarms; a self-closing, self-latching device; an alarm that will sound upon detection of accidental or unauthorized entrance into the water; or, other means of protection that has been verified by an approved testing laboratory. Apart from physical safety features, regulations specify that daycare center directors and licensees of family daycare homes are required to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.

Pool Safety in Childcare Facilities. Childcare facilities serve as environments where children spend a significant amount of time under the care of providers. Ensuring safety within these facilities is paramount to protecting the well-being of the children in their care. Childcare facilities are responsible for implementing measures to prevent accidents and injuries, including those related to swimming pool safety. Children in daycare settings may be more vulnerable to accidents or drowning incidents due to factors such as limited supervision among caregivers. The combination of childcare responsibilities and managing a swimming pool requires heightened vigilance and adherence to safety protocols.

Historically, regulations governing swimming pool safety in daycare facilities have been less stringent compared to other types of public or private pools. For instance, despite the Swimming Pool Safety Act requiring swimming pools to have at least two of seven specified safety features, existing law exempts any facility regulated by CDSS, including child daycare facilities, group homes, and senior facilities. According to CDSS regulations for childcare facilities, only a fence is required to prevent accidental drowning. While existing regulations have contributed to improvements in swimming pool safety over the years, this bill aims to address gaps in regulations and enhance safety standards for swimming pools not only in childcare facilities, but across all CDSS-regulated facilities.

Specifically, this bill repeals the exemption that previously allowed any CDSS-regulated facility to bypass the Swimming Pool Safety Act. This means that any facility regulated by CDSS such as child daycare facilities planning to construct a new swimming pool or remodel an existing one must now implement at least two of the seven specified drowning prevention safety features. However, this bill narrows the safety features available specifically for childcare facilities to four, requiring the pool to be equipped with either an enclosure or mesh fence and either a cover or a safety alarm, as defined. At the same time, nothing in this bill precludes child daycare facilities from utilizing additional safety features specified in the Swimming Pool Safety Act. Furthermore, this bill requires a daily assessment log to record facilities’ adherence and ensure that the pool is adequately secured and monitored.

Recent California Drowning Fatality Incidence. In 2023, two infants, Lillian Hanan, 1, and Payton Cobb, 1, fell into the San Jose Happy Happy Daycare pool and fatally drowned. A third child, 2, was hospitalized and survived. According to DSS’ CCLD, licensing program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the daycare to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. Subsequently, after an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the gate after watering the plants. The gate was not checked on by either of the co-owners of Happy Happy Daycare. After the children arrived at the daycare, one of the co-owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the co-owner stepped back outside and found an infant floating in the shallow end, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted.

This bill seeks to prevent incidents such as these preventable accidental drownings among children in daycare facilities by implementing a two-step safety measure in the event that one of the safety measures fails.

Author’s Statement: According to the Author, “On Monday October 2, 2023 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.  

“[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens.”

Equity Implications: Subsidized childcare predominately serves low-income families and children of color. To safeguard the health and well-being of up to 283,667 California children under the care of licensed childcare centers and family daycare homes across the state, enacting this bill is a life-saving measure.

Daycare facilities may incur initial costs associated with the installation of additional safety features and the maintenance of daily assessment logs, which will significantly impact daycare facilities located in under-resourced communities that may face higher cost pressures, and inadvertently decrease the number of licensed daycare facilities. However, these investments in swimming pool safety are outweighed by the potential costs associated with preventable accidents and injuries, including legal liabilities and reputational damage.

This bill aims to enhance swimming pool safety standards in daycare facilities to protect the well-being of children. Specifically, installing a two-step safety system and conducting regular inspections will significantly reduce the risk of drowning incidents among children across all licensed daycare facilities.

Double referral: Should this bill pass out of this committee, it will be referred to the Assembly Health Committee.

RELATED OR PRIOR LEGISLATIONS:

SB 442 (Newman), Chapter 670, Statutes of 2017, required newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features. It also required home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with adequate safety features.

AB 2977 (Mullin), Chapter 478, Statutes of 2006, required new and remodeled pools and spas to provide at least one safety feature from a list of eligible features, add mesh fences and swimming pool alarms to the list of enumerated drowning prevention safety features, and requires remodeled pools and spas to cover drains with an anti-entrapment grate.

AB 389 (Arambula) of 2006, would have authorized the encouraged the Department of Health Services (DHS) to produce and place on its website a document explaining the child drowning hazards of home swimming pools and spas, safety measures and drowning hazard prevention measures if such a document has not been donated to DHS, or if DHS has not approved a donated document. AB 389 was held in the Senate Rules Committee.

AB 24 (Negrete McLeod), Chapter 433, Statutes of 2003, allowed for the creation and distribution of a brochure containing information regarding swimming pool and spa safety.

AB 3305 (Setencich), Chapter 925, Statutes of 1996, established the Swimming Pool Safety Act.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

Association of Regional Center Agencies

Opposition

None on file.

Analysis Prepared by: Bri-Ann Hernández / HUM. S. / (916) 319-2089

ASSEMBLY THIRD READING

ATR Bill Id:AB 2866

Author:(Pellerin)

As Introduced Ver:February 15, 2024

Majority vote

SUMMARY

Requires child daycare facilities regulated by the California Department of Social Services (CDSS) be subject to the Swimming Pool Safety Act.

Major Provisions

1. Requires a child daycare facility licensed by CDSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following requirements:
   1. Require the swimming pool to be equipped with at least two safety features, which include one feature in both of the following categories:
      1. Either an enclosure or mesh fence, as defined; and,
      2. Either a cover or an alarm, as defined.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations relating to the implementation of this section.
3. Repeals the exemption that any facility regulated by CDSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act. Further repeals provisions regarding pool safety in those facilities be regulated pursuant to regulations adopted therefor by CDSS.
4. Consistent with 1) and 2) above, requires when a building permit is issued 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 respective swimming pool or spa be equipped with at least two of the seven drowning prevention safety features, as specified.

COMMENTS

Background: Drowning Fatalities and Near-Drowning Injuries. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S.

According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability.

Pool Safety Regulations. At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. Locally, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

The California Swimming Pool Safety Act, established in 1996, and updated several times over the years, requires the construction of a new swimming pool or the remodeling of an existing swimming pool at a private single-family home to be equipped with at least two of seven drowning prevention safety features, including: an enclosure; a mesh fence; a safety pool cover; exit alarms; a self-closing, self-latching device; an alarm that will sound upon detection of accidental or unauthorized entrance into the water; or, other means of protection that has been verified by an approved testing laboratory. Existing law exempts facilities regulated by CDSS, including child daycare facilities, group homes, and senior facilities from the Swimming Pool Safety Act. Regulations for these facilities require a fence, but not a second safety feature. Regulations also require daycare center directors and licensees of family daycare homes to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.

This bill aims to increase safety standards for swimming pools, not only in childcare facilities, but across all CDSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act.

According to the Author

"On Monday October 2, 2023, 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.

"[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens."

Arguments in Support

According to the American Academy of Pediatrics, California, "Ensuring that child day care facilities implement comprehensive pool safety measures is essential in preventing tragic accidents and safeguarding the lives of our youth. By requiring the installation of safety barriers and implementing regular inspections, [this bill] seeks to mitigate the risk of drowning incidents and promote a safe environment for children to thrive."

Arguments in Opposition

According to the California Coalition for Children's Safety and Health which is oppose unless amended, "[This bill] addresses an important childcare facilities issue, but does not prescribe the correct pool safety barrier requirement associated with any residential pool associated with a license childcare setting. The second amendment should require that all childcare provider personnel in a licensed home shall have drowning related knowledge of CPR, which requires both compression and breathing assist."

FISCAL COMMENTS

According to the Assembly Committee on Appropriations on May 7, 2024, CDSS estimates General Fund costs of $352,000 in the first year, $344,000 in the second year, and $172,000 ongoing thereafter. These costs include one permanent staff position to serve as the lead expert on pool safety, as well as one limited-term position for two years to update and develop regulations, and draft and update guidance and forms.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

VOTES

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM HEALTH: 15-0-1

YES: Bonta, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: Waldron

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

UPDATED

VERSION: February 15, 2024

CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0003481

ASSEMBLY THIRD READING

ATR Bill Id:AB 2866

Author:(Pellerin)

As Introduced Ver:February 15, 2024

Majority vote

SUMMARY

Requires child daycare facilities regulated by the California Department of Social Services (CDSS) be subject to the Swimming Pool Safety Act.

Major Provisions

1. Requires a child daycare facility licensed by CDSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following requirements:
   1. Require the swimming pool to be equipped with at least two safety features, which include one feature in both of the following categories:
      1. Either an enclosure or mesh fence, as defined; and,
      2. Either a cover or an alarm, as defined.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations relating to the implementation of this section.
3. Repeals the exemption that any facility regulated by CDSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act. Further repeals provisions regarding pool safety in those facilities be regulated pursuant to regulations adopted therefor by CDSS.
4. Consistent with 1) and 2) above, requires when a building permit is issued 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 respective swimming pool or spa be equipped with at least two of the seven drowning prevention safety features, as specified.

COMMENTS

Background: Drowning Fatalities and Near-Drowning Injuries. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S.

According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability.

Pool Safety Regulations. At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. Locally, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

The California Swimming Pool Safety Act, established in 1995 and updated several times over the years, requires the installation of a two-stage safety system in residential pools, which requires the pool to be equipped with either an enclosure or mesh fence, along with either a cover or a safety alarm, as defined in existing law.

Existing law exempts facilities regulated by CDSS, including daycare facilities, group homes, and senior facilities from the Swimming Pool Safety Act. Regulations for these facilities require a fence, but not a second safety feature. Regulations also require daycare center directors and licensees of family daycare homes to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.

This bill aims to increase safety standards for swimming pools, not only in childcare facilities, but across all CDSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act.

According to the Author

"On Monday October 2, 2023, 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.  

"[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens."

Arguments in Support

According to the American Academy of Pediatrics, California, "Ensuring that child day care facilities implement comprehensive pool safety measures is essential in preventing tragic accidents and safeguarding the lives of our youth. By requiring the installation of safety barriers and implementing regular inspections, [this bill] seeks to mitigate the risk of drowning incidents and promote a safe environment for children to thrive."

Arguments in Opposition

According to the California Coalition for Children's Safety and Health which is oppose unless amended, "[This bill] addresses an important childcare facilities issue, but does not prescribe the correct pool safety barrier requirement associated with any residential pool associated with a license childcare setting. The second amendment should require that all childcare provider personnel in a licensed home shall have drowning related knowledge of CPR, which requires both compression and breathing assist."

FISCAL COMMENTS

According to the Assembly Committee on Appropriations on May 7, 2024, CDSS estimates General Fund costs of $352,000 in the first year, $344,000 in the second year, and $172,000 ongoing thereafter. These costs include one permanent staff position to serve as the lead expert on pool safety, as well as one limited-term position for two years to update and develop regulations, and draft and update guidance and forms.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

VOTES

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM HEALTH: 15-0-1

YES: Bonta, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ABS, ABST OR NV: Waldron

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: February 15, 2024

CONSULTANT: Bri-Ann Hernández / HUM. S. / (916) 319-2089 FN: 0003282

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2866

Author:(Pellerin) – As Introduced Ver:February 15, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a child daycare facility regulated by the California Department of Social Services (CDSS) be subject to the Swimming Pool Safety Act.

Specifically, this bill:

1. Requires a child daycare facility licensed by CDSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following:
   1. Equip the swimming pool with at least two safety features, including either an enclosure or mesh fence, as defined, and either a cover or an alarm, as defined.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations relating to the implementation of this section.
3. Repeals the exemption in existing law that any facility regulated by CDSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act. Repeals provisions requiring pool safety in those facilities be regulated pursuant to regulations adopted by CDSS.

FISCAL EFFECT:

CDSS estimates General Fund costs of $352,000 in the first year, $344,000 in the second year, and $172,000 ongoing thereafter. These costs include one permanent staff position to serve as the lead expert on pool safety, as well as one limited-term position for two years to update and develop regulations, and draft and update guidance and forms.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. This author aims to enhance swimming pool safety standards in daycare facilities to protect the well-being of children.
2. Background. According to the Centers for Disease Control and Prevention, drowning is identified as the primary cause of death in the United States (U.S.) for children between the ages of one and four years, surpassing all other causes. Among children aged five to 14 years, drowning ranks as the second leading cause of unintentional injury-related deaths in the U.S., after motor vehicle crashes.

According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children in California aged one to four years experienced fatal drownings, predominantly in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four years were hospitalized following near-drowning incidents. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability.

At the state level, swimming pool safety is regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. Locally, building code officials are required to conduct inspections on installed drowning-prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

The state Swimming Pool Safety Act, established in 1995, and updated several times over the years, requires the installation of a two-stage safety system in residential pools, which requires the pool to be equipped with either an enclosure or mesh fence, along with either a cover or a safety alarm, as defined in existing law.

Existing law exempts facilities regulated by CDSS, including daycare facilities, group homes, and senior facilities from the Swimming Pool Safety Act. Regulations for these facilities require a fence, but not a second safety feature. Regulations also require daycare center directors and licensees of family daycare homes to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.

The author aims to enhance safety standards for swimming pools, not only in childcare facilities, but across all CDSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 2866

Author:((Pellerin) – As Introduced Ver:February 15, 2024

SUBJECT: Pool safety: State Department of Social Services regulated facilities.

SUMMARY: Requires child daycare facilities regulated by the California Department of Social Services (DSS) be subject to the Swimming Pool Safety Act. Specifically, this bill:

1. Requires a child daycare facility licensed by DSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following requirements:
   1. Requires the swimming pool be equipped with at least two safety features, which includes one feature in both of the following categories:
      1. Either an enclosure or mesh fence, as defined; and,
      2. Either a cover or an alarm, as defined.
   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 DSS during scheduled inspections.
2. Requires DSS to update its regulations relating to the implementation of this bill.
3. Repeals the exemption that any facility regulated by DSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act.
4. Consistent with 1) and 2) above, requires, when a building permit is issued 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 respective swimming pool or spa be equipped with at least two of the seven drowning prevention safety features, as specified.

EXISTING LAW:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child daycare centers and family daycare homes within DSS’ existing licensing structure. [Health and Safety Code (HSC) § 1596.70 et seq.]
2. Defines the following terms:
   1. “Child daycare facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child daycare facilities include daycare centers, employer-sponsored childcare centers, and family daycare homes. [HSC § 1596.750]
   2. “Daycare center” to include infant centers, preschools, extended daycare facilities, and school-age childcare centers. [HSC § 1596.76]
   3. “Family daycare home” to mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, including children under 10 years of age who reside at the home, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away. [HSC § 1596.78]
3. Requires any person or entity operating, as specified, a child daycare facility in California to have a current valid license from DSS. [22 California Code of Regulations (CCR) § 101156(a)]
4. Directs DSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a daycare center. [HSC § 1597.13]
5. Establishes the “Swimming Pool Safety Act,” encompassing regulations and requirements aimed at enhancing safety in and around swimming pools. [HSC § 115920 et seq.]
6. Defines the following terms:
   1. “Swimming pool” or “pool” to mean any structure intended for swimming or recreational bathing that contains water over 18 inches deep, which includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. [HSC § 115921(a)]
   2. “Enclosure” to mean a fence, wall, or other barrier that isolates a swimming pool from access to the home. [HSC § 115921(c)]
   3. “Approved safety pool cover” to mean a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials, in compliance with standard F1346-91. [HSC § 115921(d)]
   4. “Exit alarms” to mean 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. [HSC § 115921(e)]
7. Requires an enclosure to have all of the following characteristics:
   1. Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground;
   2. A minimum height of 60 inches;
   3. A maximum height clearance from the ground to the bottom of the enclosure of two inches;
   4. Gaps or voids, if any, that do not allow passage of a sphere equal to or greater than four inches in diameter; and,
   5. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five to climb over. [HSC § 115923]
8. Requires, whenever 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 pool or spa be equipped with specified safety features. [HSC § 115922(a)]
9. Requires local building code officials to inspect drowning-prevention features installed to comply with requirements and to give final approval for the completion of construction or remodeling if no violations are found. [HSC § 115922(b)]
10. Requires all licensees to ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds, or similar bodies of water, through a pool cover by surrounding the pool with a fence. Provides further guidance on fencing requirements. [22 CCR §§ 101238(e); 102417(5)]
11. Exempts from fencing requirements inflatable or other portable plastic wading pools with sides low enough for children using the pool(s) to step out unassisted. Requires these pools to be emptied after each use. [22 CCR § 101238.5(a)]
12. Requires DSS to issue a Notice of Operation in Violation of Law if it is found and documented that continued operation of the family childcare home will be dangerous to the health and safety of the children. Specifies situations endangering the health and safety of the children to include, but are not limited to, unfenced or accessible pools or other bodies of water. [22 CCR § 102357(3)(E)]
13. Requires daycare center directors and licensees of a family daycare home to ensure that at least one staff member who has a current course completion card in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) issued by the American Red Cross, the American Heart Association, or by a training program that has been approved by the Emergency Medical Services Authority be on site at all times when children are present at the facility, and be present with the children when children are offsite from the facility for facility activities. [HSC § 1596.866(b)]
14. Establishes the federal “Virginia Graeme Baker Pool and Spa Safety Act” (VGB Act) to prevent drain entrapment and child drowning in swimming pools and spas by requiring each public pool and spa in the United States to be equipped with specified anti-entrapment devices or systems, and requires each state to meet specified minimum state law requirements regarding pool and spa safety standards. [15 United States Code § 8001 et seq]

FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, on Monday October 2, 2023, one-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead. The author states that this bill will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. This bill requires an updated safety requirement for an enclosure or fence that meets current standards as well as either a pool cover or alarm system. This would create a two-step system in the event of a failure a secondary safety precaution that will prevent a drowning. The author concludes that this bill will create a requirement for a daily assessment log to document that pools at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens each day.
2. BACKGROUND.
   1. Licensed Childcare. The California Child Day Care Facilities Act governs the licensure, maintenance, and operation of child daycare centers and family daycare homes in the state. This law and the associated regulations found in Title 22 of the CCR establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements. Daycare centers include infant centers, preschools, extended daycare facilities, and school-age childcare centers. DSS’ Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state’s 10,481 childcare centers and 25,205 family childcare homes, according to 2021 data. As of January 2024, 158,959 children were served in licensed family childcare homes, 124,708 in childcare centers, and 82,704 in license-exempt settings in fiscal year 2022-23.
   2. Drowning Fatalities and Near-Drowning Injuries. Swimming pools provide recreational opportunities but also pose significant risks, especially to children. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S. Additionally, the CDC highlights that for every child under the age of 18 who succumbs to drowning, another seven require emergency medical attention for nonfatal drowning incidents, often resulting in hospitalization. In California, the Department of Developmental Services (DDS) also identifies drowning as the leading cause of injury-related death among children under the age of five. According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation. Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability. DDS reported that as of December 2016 the agency was providing care for more than 755 near-drowning victims with severe brain damage resulting from the near-drowning. Several factors contribute to a greater risk of drowning among children, including a lack of swimming ability, inadequate or absent pool fencing, insufficient supervision, and failure to utilize life jackets.
   3. Pool Safety Regulations. Regulations aim to mitigate these risks by establishing standards for pool safety features and practices. At the federal level, organizations such as the Consumer Product Commission (CPSC) play a central role in establishing and enforcing standards for swimming pools and related equipment. The CPSC’s guidelines cover a wide range of safety measures, including pool fencing, drain covers, alarm systems, and safety barriers. At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. For example, whenever a building permit is granted for the construction of a new swimming pool or spa, or for the renovation of an existing one in a private single-family residence, it is mandatory for the pool or spa to be equipped with designated safety features. At the local level, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections. While the International Building Code and the majority of U.S. states require only one barrier to restrict access to residential pools, the California Swimming Pool Safety Act, signed into law in 1995, requires the installation of a two-stage safety system in residential pools, which requires the pool to be equipped with either an enclosure or mesh fence, along with either a cover or a safety alarm, as defined in existing law. The second safety feature provides additional assurance for families who may overlook replacing an alarm or a removable fence, or who cannot promptly address a malfunctioning latch or alarm. Apart from physical safety features, regulations specify that daycare center directors and licensees of family daycare homes are required to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.
   4. Pool Safety in Childcare Facilities. Childcare facilities serve as environments where children spend a significant amount of time under the care of providers. Ensuring safety within these facilities is paramount to protecting the well-being of the children in their care. Childcare facilities are responsible for implementing measures to prevent accidents and injuries, including those related to swimming pool safety. Children in daycare settings may be more vulnerable to accidents or drowning incidents due to factors such as limited supervision among caregivers. Historically, regulations governing swimming pool safety in daycare facilities have been less stringent compared to other types of public or private pools. For instance, despite the implementation of the two-stage safety system in the Swimming Pool Safety Act, an exemption was granted for facilities regulated by DSS, including daycare facilities, group homes, and senior facilities. According to DSS regulations, only a fence is required to prevent accidental drowning. While existing regulations have contributed to improvements in swimming pool safety over the years, this bill aims to address gaps in regulations and enhance safety standards for swimming pools not only in childcare facilities but across all DSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act. Specifically, this bill establishes a dual-step system whereby, in the event of a failure of one safety measure, a secondary safety measure can prevent drowning. Furthermore, this bill requires a daily assessment log to record the adherence of facilities to the two-step system, ensuring that the pool is adequately secured and monitored.
   5. Recent California Drowning Fatality Incidence. As described in the purpose of this bill above, in 2023, two infants fell into the San Jose Happy Happy Daycare’s pool and fatally drowned. A third child, who was two years of age, was hospitalized and survived. According to DSS’ CCLD, program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the daycare to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. Subsequently, after an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the gate after watering the plants. The gate was not checked on by either of the co-owners of Happy Happy Daycare. After the children arrived at the daycare, one of the co-owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the co-owner stepped back outside and found an infant floating in the shallow end, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted.

This bill seeks to prevent incidents such as these preventable accidental drownings among children in daycare facilities by implementing a two-step safety measure in the event that one of the safety measures fails.

1. SUPPORT. According to the American Academy of Pediatrics, California (AAP-CA), AB 2866 addresses crucial pool safety measures within facilities regulated by DSS. AAP-CA states that ensuring that child day care facilities implement comprehensive pool safety measures is essential in preventing tragic accidents and safeguarding the lives of our youth. AAP-CA concludes that by requiring the installation of safety barriers and implementing regular inspections, this bill seeks to mitigate the risk of drowning incidents and promote a safe environment for children to thrive.
   
2. RELATED LEGISLATION. AB 2384 (Wilson) requires a public swimming pool constructed on or after January 1, 2025, to comply with the standards and requirements of the federal VGB Act. Requires a person or entity that owns or maintains a public swimming pool, as defined, to ensure that there is an operating telephone on or adjacent to the pool deck, available and conspicuously labeled for emergency use, at all times. AB 2384 is pending a hearing in the Assembly Committee on Health.
3. PREVIOUS LEGISLATION.
   1. SB 442 (Newman), Chapter 670, Statutes of 2017, requires newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features. SB 442 also requires home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with adequate safety features.
   2. AB 2977 (Mullin), Chapter 478, Statutes of 2006, requires new and remodeled pools and spas to provide at least one safety feature from a list of eligible features, add mesh fences and swimming pool alarms to the list of enumerated drowning prevention safety features, and requires remodeled pools and spas to cover drains with an anti-entrapment grate.
   3. AB 389 (Arambula) of 2006, would have authorized the Department of Health Services (DHS) to produce and place on its website a document explaining the child drowning hazards of home swimming pools and spas, safety measures and drowning hazard prevention measures if such a document has not been donated to DHS, or if DHS has not approved a donated document. AB 389 was held in the Senate Rules Committee.
   4. AB 24 (Negrete McLeod), Chapter 433, Statutes of 2003, allowed for the creation and distribution of a brochure containing information regarding swimming pool and spa safety.
   5. AB 3305 (Setencich), Chapter 925, Statutes of 1996, established the Swimming Pool Safety Act.
4. DOUBLE REFERRAL. This bill is double referred, it passed the Assembly Committee on Human Services with a 7-0 vote on April 2, 2024.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

Association of Regional Center Agencies

Opposition

None on file.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 2866 (

Author:Pellerin) – As Introduced Ver:February 15, 2024

SUBJECT: Pool safety: State Department of Social Services regulated facilities

SUMMARY: Requires child daycare facilities regulated by the California Department of Social Services (CDSS) be subject to the Swimming Pool Safety Act. Specifically, this bill:

1. Requires a child daycare facility licensed by CDSS, as either a daycare center or a family daycare home with a swimming pool on the premises, to comply with all of the following requirements:
   1. Require the swimming pool be equipped with at least two safety features, which includes one feature in both of the following categories:
      1. Either an enclosure or mesh fence, as defined; and,
      2. Either a cover or an alarm, as defined.
   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 CDSS during scheduled inspections.
2. Requires CDSS to update its regulations relating to the implementation of this section.
3. Repeals the exemption that any facility regulated by CDSS, even if the facility is also used as the private residence of the operator, is not subject to the Swimming Pool Safety Act. Further repeals provisions regarding pool safety in those facilities be regulated pursuant to regulations adopted therefor by CDSS.
4. Consistent with 1) and 2) above, requires when a building permit is issued 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 respective swimming pool or spa be equipped with at least two of the seven drowning prevention safety features, as specified.

EXISTING LAW:

State law:

1. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child daycare centers and family daycare homes within CDSS’ existing licensing structure. (Health and Safety Code [HSC] § 1596.70 et seq.)
2. Defines the following terms:
   1. “Child daycare facility” to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child daycare facilities include daycare centers, employer-sponsored childcare centers, and family daycare homes. (HSC § 1596.750)
   2. “Daycare center” to include infant centers, preschools, extended daycare facilities, and school-age childcare centers. (HSC § 1596.76)
   3. “Family daycare home” to mean a facility that regularly provides care, protection, and supervision for 14 or fewer children, including children under 10 years of age who reside at the home, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away. (HSC § 1596.78)
3. Requires any person or entity operating, as specified, a child daycare facility in California to have a current valid license from CDSS. (22 California Code of Regulations [CCR] § 101156(a))
4. Directs CDSS and any local agency with which it contracts for purposes of licensing activities, to conduct an initial site visit and grant or deny an application for license within 30 days of receiving a complete licensing application for a daycare center. (HSC § 1597.13)
5. Establishes the “Swimming Pool Safety Act”, encompassing regulations and requirements aimed at enhancing safety in and around swimming pools. (HSC § 115920 et seq.)
6. Defines the following terms:
   1. “Swimming pool” or “pool” to mean any structure intended for swimming or recreational bathing that contains water over 18 inches deep, which includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. (HSC § 115921(a))
   2. “Enclosure” to mean a fence, wall, or other barrier that isolates a swimming pool from access to the home. (HSC § 115921(c))
   3. “Approved safety pool cover” to mean a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials, in compliance with standard F1346-91. (HSC § 115921(d))
   4. “Exit alarms” to mean 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. (HSC § 115921(e))
7. Requires an enclosure to have all of the following characteristics:
   1. Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground;
   2. A minimum height of 60 inches;
   3. A maximum height clearance from the ground to the bottom of the enclosure of two inches;
   4. Gaps or voids, if any, that do not allow passage of a sphere equal to or greater than four inches in diameter; and,
   5. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five to climb over. (HSC § 115923)
8. Requires, whenever 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 pool or spa be equipped with specified safety features. (HSC § 115922(a))
9. Requires local building code officials to inspect drowning-prevention features installed to comply with requirements and to give final approval for the completion of construction or remodeling if no violations are found. (HSC § 115922(b))
10. Requires all licensees to ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds, or similar bodies of water, through a pool cover by surrounding the pool with a fence. Provides further guidance on fencing requirements. (22 CCR §§ 101238(e); 102417(5))
11. Notwithstanding the requirements of 22 CCR Section 101238(e), fencing is not required for inflatable or other portable plastic wading pools with sides low enough for children using the pool(s) to step out unassisted. These pools shall be emptied after each use. (22 CCR § 101238.5(a))
12. Requires CDSS to issue a Notice of Operation in Violation of Law if it is found and documented that continued operation of the family childcare home will be dangerous to the health and safety of the children. Situations endangering the health and safety of the children shall include, but not be limited to: unfenced or accessible pools or other bodies of water. (22 CCR § 102357(3)(E))
13. Requires daycare center directors and licensees of a family daycare home to ensure that at least one staff member who has a current course completion card in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) issued by the American Red Cross, the American Heart Association, or by a training program that has been approved by the Emergency Medical Services Authority be on site at all times when children are present at the facility, and be present with the children when children are offsite from the facility for facility activities. (HSC § 1596.866(b))

Federal law:

1. Establishes the federal “Virginia Graeme Baker Pool and Spa Safety Act” (VGB Act) to prevent drain entrapment and child drowning in swimming pools and spas by requiring each public pool and spa in the United States to be equipped with specified anti-entrapment devices or systems, and requires each state to meet specified minimum state law requirements regarding pool and spa safety standards. (15 United States Code § 8001 et seq.)

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS: Childhood drowning is preventable. There are proven strategies and choices to prevent drowning-related injuries and death.

Background: Licensed Childcare. The California Child Day Care Facilities Act governs the licensure, maintenance, and operation of child daycare centers and family daycare homes in the state. This law and the associated regulations found in Title 22 of the CCR establish, among other things, general health and safety requirements, staff-to-child ratios, and provider training requirements. Daycare centers include infant centers, preschools, extended daycare facilities, and school-age childcare centers. CDSS’ Community Care Licensing Division (CCLD) has the responsibility of licensing and monitoring the state’s 10,481 childcare centers and 25,205 family childcare homes, according to 2021 data. As of January 2024, 158,959 children were served in licensed family childcare homes, 124,708 in childcare centers, and 82,704 in license-exempt settings in fiscal year 2022-23.

Drowning Fatalities and Near-Drowning Injuries. Swimming pools provide recreational opportunities but also pose significant risks, especially to children. According to the Centers for Disease Control and Prevention (CDC), drowning is identified as the primary cause of death for children between the ages of one and four in the United States (U.S.), surpassing all other causes. Among children aged five to 14, drowning ranks as the second leading cause of unintentional injury-related deaths after motor vehicle crashes in the U.S. Additionally, the CDC highlights that for every child under the age of 18 who succumbs to drowning, another seven require emergency medical attention for nonfatal drowning incidents, often resulting in hospitalization.

In California, the Department of Developmental Services (DDS) also identifies drowning as the leading cause of injury-related death among children under the age of five. According to data from the California Department of Public Health's EpiCenter, from 2010 to 2014, over 160 children aged one to four experienced fatal drownings, predominantly occurring in residential pools. Additionally, between 2010 and 2015, more than 740 children aged one to four were hospitalized following near-drowning incidents, with the primary reason for hospitalization being brain injury caused by oxygen deprivation, also referred to as asphyxiation.

Drowning injuries can cause serious health outcomes, including brain damage, paralysis, seizures, memory loss, and long-term disability. DDS reported that as of December 2016 the agency was providing care for more than 755 near-drowning victims with severe brain damage resulting from the near-drowning. Several factors contribute to a greater risk of drowning among children, including a lack of swimming ability, inadequate or absent pool fencing, insufficient supervision, and failure to utilize life jackets.

Pool Safety Regulations. Regulations aim to mitigate these risks by establishing standards for pool safety features and practices. At the federal level, organizations such as the Consumer Product Commission (CPSC) play a central role in establishing and enforcing standards for swimming pools and related equipment. The CPSC’s guidelines cover a wide range of safety measures, including pool fencing, drain covers, alarm systems, and safety barriers.

At the state level, swimming pool safety is often regulated through legislation and building codes that mandate specific safety features and practices for both public and private swimming pools. For example, whenever a building permit is granted for the construction of a new swimming pool or spa, or for the renovation of an existing one in a private single-family residence, it is mandatory for the pool or spa to be equipped with designated safety features.

At the local level, building code officials are required to conduct inspections on the installed drowning prevention features to ensure compliance with the stipulated requirements. Final approval for the completion of construction or renovation is only granted if no violations are detected during these inspections.

While the International Building Code and the majority of U.S. states require only one barrier to restrict access to residential pools, the California Swimming Pool Safety Act, signed into law in 1995, requires the installation of a two-stage safety system in residential pools, which requires the pool to be equipped with either an enclosure or mesh fence, along with either a cover or a safety alarm, as defined in existing law. The second safety feature provides additional assurance for families who may overlook replacing an alarm or a removable fence, or who cannot promptly address a malfunctioning latch or alarm. Apart from physical safety features, regulations specify that daycare center directors and licensees of family daycare homes are required to have at least one staff member be certified in pediatric first aid and CPR, and remain on-site at all times.

Pool Safety in Childcare Facilities. Childcare facilities serve as environments where children spend a significant amount of time under the care of providers. Ensuring safety within these facilities is paramount to protecting the well-being of the children in their care. Childcare facilities are responsible for implementing measures to prevent accidents and injuries, including those related to swimming pool safety. Children in daycare settings may be more vulnerable to accidents or drowning incidents due to factors such as limited supervision among caregivers. The combination of childcare responsibilities and managing a swimming pool requires heightened vigilance and adherence to safety protocols.

Historically, regulations governing swimming pool safety in daycare facilities have been less stringent compared to other types of public or private pools. For instance, despite the implementation of the two-stage safety system in the Swimming Pool Safety Act, an exemption was granted for facilities regulated by CDSS, including daycare facilities, group homes, and senior facilities. According to CDSS regulations, only a fence is required to prevent accidental drowning. While existing regulations have contributed to improvements in swimming pool safety over the years, this bill aims to address gaps in regulations and enhance safety standards for swimming pools not only in childcare facilities but across all DSS-regulated facilities by updating existing standards to align with the Swimming Pool Safety Act. Specifically, this bill establishes a dual-step system whereby, in the event of a failure of one safety measure, a secondary safety measure can prevent drowning. Furthermore, this bill requires a daily assessment log to record the adherence of facilities to the two-step system, ensuring that the pool is adequately secured and monitored. By prioritizing swimming pool safety, not only do these measures contribute to the professional reputation and credibility of daycare providers, but daycare facilities can create safer environments for children to learn and play, reducing the risk of accidents and ensuring a secure childcare experience.

Recent California Drowning Fatality Incidence. In 2023, two infants, Lillian Hanan, 1, and Payton Cobb, 1, fell into the San Jose Happy Happy Daycare pool and fatally drowned. A third child, 2, was hospitalized and survived. According to DSS’ CCLD, licensing program analysts conducted a pre-licensing inspection of the home in 2020. During this inspection, they instructed the daycare to implement modifications to the pool area and guarantee its security by installing a fence, per regulations. Subsequently, after an inspection in 2021, the facility was granted a license. According to police reports, one day before the drowning, the homeowner’s husband watered plants behind the pool gate and failed to close the gate after watering the plants. The gate was not checked on by either of the co-owners of Happy Happy Daycare. After the children arrived at the daycare, one of the co-owners opened a door to the backyard and told the children to go outside. After leaving the children unsupervised for just a few minutes, the co-owner stepped back outside and found an infant floating in the shallow end, prompting her to remove him and attempt CPR. Two more infants were found in the deep end of the pool, and CPR was also attempted.

This bill seeks to prevent incidents such as these preventable accidental drownings among children in daycare facilities by implementing a two-step safety measure in the event that one of the safety measures fails. By adhering to stricter safety standards and conducting regular inspections, daycare providers protect children and minimize risks.

Author’s Statement: According to the Author, “On Monday October 2, 2023 1-year-old Payton Cobb and 18-month-old Lillian Hanan lost their lives in a horrific event. These children were at a licensed home daycare located in San Jose when three toddlers accessed the swimming pool located on the premises unsupervised. After being transported to the hospital in critical condition, two of the children were pronounced dead.  

“[This bill] will create a multi-faceted safety requirement to update the existing standards to allow for better drowning prevention standards. The bill would require an updated safety requirement for an enclosure or fence that meet current standards as well as either a pool cover or alarm system. This would create a two-step system that in the event of a failure a secondary safety precaution will be able to prevent a drowning. Additionally, [this bill] will create a requirement for a daily assessment log to document that the pool at facilities are being secured and properly monitored by the two step system in accordance with the law before the center opens.”

Equity Implications: Subsidized childcare predominately serves low-income families and children of color. To safeguard the health and well-being of up to 283,667 California children under the care of licensed childcare centers and family daycare homes across the state, enacting this bill is a life-saving measure.

Daycare facilities may incur initial costs associated with the installation of additional safety features and the maintenance of daily assessment logs, which will significantly impact daycare facilities located in under-resourced communities that may face higher cost pressures, and inadvertently decrease the number of licensed daycare facilities. However, these investments in swimming pool safety are outweighed by the potential costs associated with preventable accidents and injuries, including legal liabilities and reputational damage.

This bill aims to enhance swimming pool safety standards in daycare facilities to protect the well-being of children. Specifically, installing a two-step safety system and conducting regular inspections will significantly reduce the risk of drowning incidents among children across all licensed daycare facilities.

Double referral: Should this bill pass out of this committee, it will be referred to the Assembly Health Committee.

RELATED OR PRIOR LEGISLATIONS:

SB 442 (Newman), Chapter 670, Statutes of 2017, required newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features. It also required home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with adequate safety features.

AB 2977 (Mullin), Chapter 478, Statutes of 2006, required new and remodeled pools and spas to provide at least one safety feature from a list of eligible features, add mesh fences and swimming pool alarms to the list of enumerated drowning prevention safety features, and requires remodeled pools and spas to cover drains with an anti-entrapment grate.

AB 389 (Arambula) of 2006, would have authorized the encouraged the Department of Health Services (DHS) to produce and place on its website a document explaining the child drowning hazards of home swimming pools and spas, safety measures and drowning hazard prevention measures if such a document has not been donated to DHS, or if DHS has not approved a donated document. AB 389 was held in the Senate Rules Committee.

AB 24 (Negrete McLeod), Chapter 433, Statutes of 2003, allowed for the creation and distribution of a brochure containing information regarding swimming pool and spa safety.

AB 3305 (Setencich), Chapter 925, Statutes of 1996, established the Swimming Pool Safety Act.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

Association of Regional Center Agencies

Opposition

None on file.

Analysis Prepared by: Bri-Ann Hernández / HUM. S. / (916) 319-2089