SB 552: Public safety: pools and spas.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State. Chapter 769, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features. Under existing law, these features include, among others, an approved safety pool cover, as defined; exit alarms, as defined, on a private single-family homes doors that provide direct access to the swimming pool or spa, as specified; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). The act requires the local building code official to inspect and approve the drowning safety prevention features before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would remove the definition of an approved safety pool cover and would recast that drowning safety feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets certain specifications. The bill would remove the definition of exit alarms and would recast that drowning safety feature to include windows that provide direct access to the swimming pool or spa, as specified. The bill would require that an alarm that sounds upon accidental or unauthorized entrance into the water, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in good repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. The bill would require the report to include a written statement regarding pool isolation fences, as specified. The bill would also state the intent of the Legislature to enact legislation that, among other things, clarifies that a home inspector, as defined, is not required to determine whether an equipped drowning prevention safety feature, as specified, meets certain standards.
By imposing additional requirements on local officials, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by AB 2866 to be operative only if this bill and AB 2866 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features. Under existing law, these features include, among others, an approved safety pool cover, as defined; exit alarms, as defined, on a private single-family homes doors that provide direct access to the swimming pool or spa, as specified; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). The act requires the local building code official to inspect and approve the drowning safety prevention features before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would remove the definition of an approved safety pool cover and would recast that drowning safety feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets certain specifications. The bill would remove the definition of exit alarms and would recast that drowning safety feature to include windows that provide direct access to the swimming pool or spa, as specified. The bill would require that an alarm that sounds upon accidental or unauthorized entrance into the water, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in good repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. The bill would require the report to include a written statement regarding pool isolation fences, as specified. The bill would also state the intent of the Legislature to enact legislation that, among other things, clarifies that a home inspector, as defined, is not required to determine whether an equipped drowning prevention safety feature, as specified, meets certain standards.
By imposing additional requirements on local officials, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by AB 2866 to be operative only if this bill and AB 2866 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features. Under existing law, these features include, among others, an approved safety pool cover, as defined; exit alarms, as defined, on a private single-family homes doors that provide direct access to the swimming pool or spa, as specified; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). The act requires the local building code official to inspect and approve the drowning prevention safety devices before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would remove the definition of an approved safety pool cover and would recast that drowning safety feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets certain specifications. The bill would remove the definition of exit alarms and would recast that drowning safety feature to include windows that provide direct access to the swimming pool or spa, as specified. The bill would require that an alarm that sounds upon accidental or unauthorized entrance into the water, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in safe repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. The bill would require the report to include a written statement regarding pool isolation fences, as specified. The bill would also state the intent of the Legislature to enact legislation that, among other things, clarifies that a home inspector, as defined, is not required to determine whether an equipped drowning prevention safety feature, as specified, meets certain standards.
By imposing additional requirements on local officials, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by AB 2866 to be operative only if this bill and AB 2866 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features. Under existing law, these features include, among others, an approved safety pool cover, as defined; exit alarms, as defined, on a private single-family homes doors that provide direct access to the swimming pool or spa, as specified; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). The act requires the local building code official to inspect and approve the drowning prevention safety devices before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would require that an approved safety pool cover remove the definition of an approved safety pool cover and would recast that drowning safety feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets certain specifications, is in good repair, and can be opened and closed by automated mechanics. specifications. The bill would remove the definition of exit alarms and would recast that drowning safety feature to include windows that provide direct access to the swimming pool or spa, as specified. The bill would require that an alarm, alarm that sounds upon accidental or unauthorized entrance into the water, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in safe repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. By The bill would require the report to include a written statement regarding pool isolation fences, as specified. The bill would also state the intent of the Legislature to enact legislation that, among other things, clarifies that a home inspector, as defined, is not required to determine whether an equipped drowning prevention safety feature, as specified, meets certain standards.
By imposing additional requirements on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under the Swimming Pool Safety Act, upon the issuance of a building permit for the construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 specified drowning prevention safety features. Under existing law, these features include, among others, an approved safety pool cover, as defined; an alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water; or other means of protection that afford an equal or greater degree of protection than those features specified in the act and that has been independently verified as meeting standards for those features established by ASTM International or the American Society of Mechanical Engineers (ASME). The act requires the local building code official to inspect and approve the drowning prevention safety devices before the issuance of a final approval for the completion of permitted construction or remodeling work.
This bill would require that an approved safety pool cover be accompanied by a label verifying that the cover meets certain specifications, is in good repair, and can be opened and closed by automated mechanics. The bill would require that an alarm, as described above, be in good repair and operable as designed. The bill would also specify that the other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM or ASME, and require that the feature be accompanied by a label verifying that it meets those standards. The bill would specify that the requirements involving 2 of 7 drowning prevention safety features are not satisfied by specified combinations, including an exit alarm and a self-closing, self-latching device on the same door.
Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires this information to be included in the home inspection report.
This bill would revise the specification of the above-described inspection to include identifying which, if any, of the 7 specified drowning prevention safety features is in safe repair, operable as designed, and labeled, as specified, and to include this information in the home inspection report. By imposing requirements on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided.This bill would state the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging.Existing law prohibits a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, as provided.
This bill would state the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging.
It is the intent of the Legislature to enact legislation that does all of the following:
(a)Clarifies that a home inspector, as defined in Section 7195 of the Business and Professions Code, is not required to determine whether an equipped drowning prevention safety feature required by Section 115922 of the Health and Safety Code meets the cited standards.
(b)Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code).
(c)Updates outdated references within the Swimming Pool Safety Act.
(d)Revisits and amends the Swimming Pool Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention safety features pursuant to the data and reports created under Chapter 4 (commencing with Section 131350) of Part 1 of Division 112 of the Health and Safety Code.
SEC. 2.Section 7195 of the Business and Professions Code is amended to read:7195.For purposes of this chapter, the following definitions apply:
(a)(1)Home inspection is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. Home inspection includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2)In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(3)Home inspection, if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)A material defect is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c)A home inspection report is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features, and whether those features are in place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, Prevention of Drowning, published in 2019. This subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(d)A home inspector is any individual who performs a home inspection.
(e)Transfer is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 3.Section 115921 of the Health and Safety Code is amended to read:115921.As used in this article, the following terms have the following meanings:
(a)Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. Swimming pool includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
(b)Public swimming pool means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
(c)Enclosure means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(d)ANSI/APSP performance standard means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(e)Suction outlet means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
SEC. 4.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 4.5.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 5.Section 115925 of the Health and Safety Code is amended to read:115925.The requirements of this article do not apply to any of the following:
(a)Public swimming pools.
(b)Hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard.
(c)An apartment complex, or any residential setting other than a single-family home.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 115922 of the Health and Safety Code proposed by both this bill and Assembly Bill 2866. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 115922 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2866, in which case Section 4 of this bill shall not become operative.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to enact legislation that does all of the following:
(a)Clarifies that a home inspector, as defined in Section 7195 of the Business and Professions Code, is not required to determine whether an equipped drowning prevention safety feature required by Section 115922 of the Health and Safety Code meets the cited standards.
(b)Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code).
(c)Updates outdated references within the Swimming Pool Safety Act.
(d)Revisits and amends the Swimming Pool Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention safety features pursuant to the data and reports created under Chapter 4 (commencing with Section 131350) of Part 1 of Division 112 of the Health and Safety Code.
SEC. 2.Section 7195 of the Business and Professions Code is amended to read:7195.For purposes of this chapter, the following definitions apply:
(a)(1)Home inspection is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. Home inspection includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2)In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(3)Home inspection, if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)A material defect is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c)A home inspection report is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features, and whether those features are in place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, Prevention of Drowning, published in 2019. This subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(d)A home inspector is any individual who performs a home inspection.
(e)Transfer is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 3.Section 115921 of the Health and Safety Code is amended to read:115921.As used in this article, the following terms have the following meanings:
(a)Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. Swimming pool includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
(b)Public swimming pool means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
(c)Enclosure means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(d)ANSI/APSP performance standard means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(e)Suction outlet means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
SEC. 4.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 4.5.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 5.Section 115925 of the Health and Safety Code is amended to read:115925.The requirements of this article do not apply to any of the following:
(a)Public swimming pools.
(b)Hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard.
(c)An apartment complex, or any residential setting other than a single-family home.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 115922 of the Health and Safety Code proposed by both this bill and Assembly Bill 2866. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 115922 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2866, in which case Section 4 of this bill shall not become operative.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to enact legislation that does all of the following:
(a)Clarifies that a home inspector, as defined in Section 7195 of the Business and Professions Code, is not required to determine whether an equipped drowning prevention safety feature required by Section 115922 of the Health and Safety Code meets the cited standards.
(b)Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code).
(c)Updates outdated references within the Swimming Pool Safety Act.
(d)Revisits and amends the Swimming Pool Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention safety features pursuant to the data and reports created under Chapter 4 (commencing with Section 131350) of Part 1 of Division 112 of the Health and Safety Code.
SEC. 2.Section 7195 of the Business and Professions Code is amended to read:7195.For purposes of this chapter, the following definitions apply:
(a)(1)Home inspection is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. Home inspection includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2)In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(3)Home inspection, if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)A material defect is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c)A home inspection report is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features, and whether those features are in place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, Prevention of Drowning, published in 2019. This subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(d)A home inspector is any individual who performs a home inspection.
(e)Transfer is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 3.Section 115921 of the Health and Safety Code is amended to read:115921.As used in this article article, the following terms have the following meanings:
(a)Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. Swimming pool includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
(b)Public swimming pool means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
(c)Enclosure means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(d)ANSI/APSP performance standard means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(e)Suction outlet means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
SEC. 4.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM International F2208 standard which that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 4.5.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards the ASTM International F2286 standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)An approved safety pool cover, as defined in subdivision (d) of Section 115921.(3)A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a repeating notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 Standard Safety Specification for Residential Pool Alarms, which International F2208 standard that includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or International, the American Society of Mechanical Engineers (ASME). Engineers, or another nationally recognized standards development organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(b)(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 5.Section 115925 of the Health and Safety Code is amended to read:115925.The requirements of this article do not apply to any of the following:
(a)Public swimming pools.
(b)Hot tubs or spas with locking safety covers that comply with the ASTM International F1346 standard.
(c)An apartment complex, or any residential setting other than a single-family home.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 115922 of the Health and Safety Code proposed by both this bill and Assembly Bill 2866. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 115922 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 2866, in which case Section 4 of this bill shall not become operative.
SEC. 6.SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to enact legislation that does all of the following:
(a)Clarifies that a home inspector, as defined in Section 7195 of the Business and Professions Code, is not required to determine whether an equipped drowning prevention safety feature required by Section 115922 of the Health and Safety Code meets the cited standards.
(b)Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool Safety Act (Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code).
(c)Updates outdated references within the Swimming Pool Safety Act.
(d)Revisits and amends the Swimming Pool Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention safety features pursuant to the data and reports created under Chapter 4 (commencing with Section 131350) of Part 1 of Division 112 of the Health and Safety Code.
SECTION 1.SEC. 2.Section 7195 of the Business and Professions Code is amended to read:7195.For purposes of this chapter, the following definitions apply:
(a)(1)Home inspection is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. Home inspection includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2)In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in safe good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(3)Home inspection, if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)A material defect is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c)A home inspection report is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features that features, and whether those features are in place and place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, Prevention of Drowning, published in 2019. This paragraph subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.
(d)A home inspector is any individual who performs a home inspection.
(e)Transfer is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 3.Section 115921 of the Health and Safety Code is amended to read:115921.As used in this article the following terms have the following meanings:
(a)Swimming pool or pool means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. Swimming pool includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
(b)Public swimming pool means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
(c)Enclosure means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(d)Approved safety pool cover means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.(e)Exit alarms means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.(f)(d)ANSI/APSP performance standard means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(g)(e)Suction outlet means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
SEC. 2.SEC. 4.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets the ASTM International Specifications F2286 standards standard in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)An approved A manually operated or power-operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard, is in good repair, and can be opened and closed by automated mechanics. International F1346-23 standard.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise spa without any intervening enclosure. Whenever any door or window is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a repeating notification that the door to the pool is open. An exit alarm may be battery operated or connected to the electrical wiring of the building.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard International F2208 Standard Safety Specification for Residential Pool Alarms, standard which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM, ASTM International, the American Society of Mechanical Engineers, or another nationally recognized standards development organization organization, and the feature is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 5.Section 115925 of the Health and Safety Code is amended to read:115925.The requirements of this article do not apply to any of the following:
(a)Public swimming pools.
(b)Hot tubs or spas with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346). ASTM International F1346 standard.
(c)An apartment complex, or any residential setting other than a single-family home.
SEC. 3.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
For purposes of this chapter, the following definitions apply:
(a)(1)Home inspection is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. Home inspection includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2)In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped. equipped, in safe repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the specifications referenced in Section 115922 of the Health and Safety Code.
(3)Home inspection, if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A)A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B)The number of window glass panes and frame types.
(C)The heating and cooling equipment and water heating systems.
(D)The age and fuel type of major appliances.
(E)The exhaust and cooling fans.
(F)The type of thermostat and other systems.
(G)The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H)The solar control efficiency of existing windows.
(b)A material defect is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c)A home inspection report is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features. features that are in place and in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the specifications referenced in Section 115922 of the Health and Safety Code.
(d)A home inspector is any individual who performs a home inspection.
(e)Transfer is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 2.Section 115922 of the Health and Safety Code is amended to read:115922.(a)Except as provided in Section 115925, subject to subdivision (b), when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1)An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2)Removable mesh fencing that meets American Society for Testing and Materials (ASTM) ASTM International Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3)An approved safety pool cover, as defined cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard, is in subdivision (d) of Section 115921. good repair, and can be opened and closed by automated mechanics.
(4)Exit alarms on the private single-family homes doors and windows that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that the door to the pool is open.
(5)A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family homes doors providing direct access to the swimming pool or spa.
(6)An alarm in good repair and operable as designed that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 Standard Safety Specification for Residential Pool Alarms, which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7)Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or ASTM, the American Society of Mechanical Engineers (ASME). Engineers, or another nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
(b)The requirements of subdivision (a) are not satisfied by any of the following:
(1)An exit alarm and a self-closing, self-latching device on the same door.
(2)An exit alarm and a door latch on separate doors.
(3)A safety pool cover and an alarm described in paragraph (6) of subdivision (a).
(b)(c)Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging. REVISIONS: HeadingLine 2.It is the intent of the Legislature to enact future legislation that would prohibit a restaurant from providing a dine-in customer with any single-use foodware accessory or single-use food packaging.
|
Date
|
Status
|
|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State. Chapter 769, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 12, 2024 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2024 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5769.) Ordered to engrossing and enrolling. |
| Aug 30, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2024 | Read third time. Passed. (Ayes 77. Noes 0. Page 7003.) Ordered to the Senate. |
| Aug 22, 2024 | Assembly Rule 69(b)(1) suspended. |
| Aug 22, 2024 | Ordered to third reading. |
| Aug 22, 2024 | Read third time and amended. |
| Aug 20, 2024 | Ordered to third reading. |
| Aug 20, 2024 | Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate. |
| Aug 20, 2024 | In Assembly. Held at Desk. |
| Aug 19, 2024 | Ordered to the Assembly. |
| Aug 15, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 15, 2024 | Read third time. Passed. (Ayes 75. Noes 0. Page 6319.) Ordered to the Senate. |
| Aug 8, 2024 | Read second time. Ordered to consent calendar. |
| Aug 7, 2024 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (August 7). |
| Jun 26, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 17, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jun 11, 2024 | From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 17. Noes 0.) (June 11). Re-referred to Com. on H. & C.D. |
| Jun 11, 2024 | Coauthors revised. |
| Jun 3, 2024 | Referred to Coms. on B. & P. and H. & C.D. |
| Jan 22, 2024 | In Assembly. Read first time. Held at Desk. |
| Jan 22, 2024 | Read third time. Passed. (Ayes 39. Noes 0. Page 3020.) Ordered to the Assembly. |
| Jan 17, 2024 | Read second time. Ordered to third reading. |
| Jan 16, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jan 11, 2024 | Set for hearing January 16. |
| Jan 9, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 2958.) (January 9). Re-referred to Com. on APPR. |
| Jan 8, 2024 | From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 12. Noes 0. Page 2950.) (January 8). Re-referred to Com. on HOUSING. |
| Jan 5, 2024 | Set for hearing January 9 in HOUSING pending receipt. |
| Jan 4, 2024 | Set for hearing January 8. |
| Jan 3, 2024 | Re-referred to Coms. on B., P. & E. D. and HOUSING. |
| Jan 3, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 22, 2023 | Referred to Com. on RLS. |
| Feb 16, 2023 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2024 | Unfinished Business SB552 Newman et al. Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2024 | SB 552 Newman Senate Third Reading By Bains | Assembly Floor |
Passed |
|
| Aug 15, 2024 | SB 552 Newman Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 7, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Jun 11, 2024 | Do pass and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Business and Professions |
Passed |
|
| Jan 22, 2024 | Senate 3rd Reading SB552 Newman | Senate Floor |
Passed |
|
| Jan 9, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
|
| Jan 8, 2024 | Do pass, but first be re-referred to the Committee on [Housing] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Academy Of Pediatrics, California | ** Against | |
| California Building Officials | ** Against | |
| California Coalition for Children's Safety and Health | ** Support | |
| California Pool & Spa Association | ** Support | |
| California Real Estate Inspection Association Inc | ** Support | |
| Pool and Hot Tub Alliance | * Support | Jan 9, 2024 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 552 |
UNFINISHED BUSINESS
Bill No: SB 552
Author: Newman (D), et al.
Amended: 8/22/24
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 1/8/24
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Eggman
SENATE HOUSING COMMITTEE: 10-0, 1/9/24
AYES: Wiener, Seyarto, Blakespear, Caballero, Cortese, Jones, Padilla, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 1/22/24
AYES: Allen, Alvarado-Gil, 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, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Smallwood-Cuevas
ASSEMBLY FLOOR: 77-0, 8/30/24 - See last page for vote
SUBJECT: Public safety: pools and spas
SOURCE: California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
DIGEST:
This bill revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to meet specified safety requirements, among other changes.
Assembly Amendments
add intent language; incorporate additional requirements for a home inspector to include in a home inspection report related to pool or spa equipment; revise and recast the definition of “approved safety pool cover” and “exit alarms”; and, make other technical, clarifying and conforming changes, including language to address a chaptering issue.
ANALYSIS:
Existing law:
- Defines a “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, as specified, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units, to identify material defects in those systems, structures, and components and includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (Business and Professions Code (BPC) § 7195(a)(1))
- States that in connection of a transfer of real property with a swimming pool or spa a home inspection is to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying, which, if any, of the seven drowning prevention safety features listed in the Health and Safety Code (HSC) the pool or spa is equipped. (BPC § 7195(a)(2))
- Defines a “home inspection report” as a written report prepared for a fee and issued after a home inspection, which clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons; and, in a dwelling with a pool or spa, identifies which, if any, of the seven drowning prevention safety features the pool or spa is equipped with, and specifically states if the pool or spa has fewer than two of the listed drowning prevention safety features. (BPC § 7195(c))
- Requires when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa be equipped with at least two drowning prevention safety features, as specified. (Health and Safety Code (HSC) § 115922(a))
This bill:
- Revises the requirement for a home inspection of real property with a swimming pool or spa to include in the inspection report the drowning prevention safety features and note if they are in good repair, operable as designed, and, if applicable, appropriately labeled, as specified.
- States that the requirements specified in 1) above does not require the home inspector to make a determination as to whether a pool or spa safety feature meets the ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC.
- Revises the definition of a “home inspection report” to also include a written statement that a pool isolation fence, as described in HSC § 115923, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, as specified.
- Clarifies that the home inspection report does not require a determination as to whether a pool safety feature meets ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC..
- Updates the definition and requirements for “approved safety pool cover” and “exit alarms”.
- Updates the recasts definitions and requirements for the following drowning prevention features: manually operated pool cover, exit alarms, alarm placed in a pool or spa, and removable mesh fencing, as specified.
- Revises the specifications of specified drowning prevention safety features as defined in the HSC.
- Specifies that the requirements for meeting two of the seven pool safety features required for the construction or remodel of a swimming pool or spa at a private single-family residence are not satisfied by certain conditions.
- States Legislative intent to:
- Clarify that a home inspector is not required to determine whether an equipped drowning prevention safety feature meets the cited standards;
- Prohibit the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool and Safety Act, as specified;
- Update outdated references within the Swimming Pool Safety Act; and,
- Revisit and amend the Swimming Pool and Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention and safety features, as specified.
- Makes other technical, clarifying, and conforming changes.
Background
There is currently no licensure requirement for home inspectors in California. However, home inspectors may hold a professional license in other capacities such as contractors, architects, engineers, or structural pest control operators. Existing law related to home inspectors establishes a standard of care, defines terms related to paid home inspections, mandates specified information be included in a home inspection report, and prohibits home inspections in which the inspector has a financial interest, among other things. There are private, voluntary certification programs for home inspectors; however, home inspectors are not required to be certified, only comply with specified industry standards.
A home inspection report should clearly identify and describe the inspected systems, structures, or components of the dwelling including any material defects identified and recommendations regarding the conditions observed, or any recommendations for evaluation by the appropriate persons. However, there are no requires for what is to be included in the report, other than noting whether the property has any of the seven specific pool or spa safety features along with which specific features are identified, or if the home inspector observes yellow corrugated stainless steel tubing during the course of a home inspection. There is currently no requirement for purchasers of real property (one to four unit dwellings) to obtain a home inspection.
Specifically related to pool and spa safety features, BPC Section 7195(a)) requires a home inspection report to include a noninvasive physical examination of the pool or spa and dwelling to identify which, if any, of the safety features identified in the HSC, intended to prevent drownings are available. The safety features specified in HSC Section 115922 include the following:
- An enclosure with certain characteristics including a 60 inch height requirement, an outside surface free from physical characteristics that would serve as handholds or footholds that a child below the age of 5 could climb over, access gates open away from the pool with a self-latching device, placed no lower than 60 inches above ground.
- Removable mesh fencing meeting ASTM standards in connection with a self-closing and self-latching gate.
- An approved safety pool cover which is defined as “manually or power-operated safety pool cover that meets all of the performance standards of the ASTM, in compliance with Standard F1346-91”.
- Exit alarms on the home’s doors that provide direct access to the swimming pool or spa.
- 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.
- An alarm that sounds when placed in a swimming pool or spa that sounds upon detection or unauthorized entrance into the water. The alarm must meet and be independently certified to the ASTM Standard F2208.
- 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 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.
This bill will revise and recast the elements of three specific drowning prevention safety features noted above, including removable mesh fence, pool safety cover, and alarm. In addition, this bill will allow other means of protection be independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers).
This bill aims to clarify the elements of a home inspection with respect to the noninvasive physical examination of the pool or spa safety features during the course of the inspection. This bill updates the requirements of a home inspection by stating that the noninvasive examination of the pool or spa does not require a determination as to whether the pool or spa safety features meets the specifications for pool or spa safety features as specified in the HSC. Although the provisions of this bill specify that the home inspection report does not require the home inspector to make a determination as to whether a pool safety feature meet certain ASTM standards, this bill will additionally require the home inspection report to identify whether the features are in good repair, operable as designed, and appropriately labeled, if required. This bill requires labels be affixed to specified pool and spa safety features verifying that they meet certain standards.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations, there are no anticipated costs to various Department of Consumer Affairs programs and the bill will result in potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
SUPPORT: (Verified 8/27/24)
California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
California Pool & Spa Association
OPPOSITION: (Verified 8/27/24)
None received
ARGUMENTS IN SUPPORT: Supporters note generally that this bill will provide important updates to California’s Pool Safety Act.
ASSEMBLY FLOOR: 77-0, 8/30/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Ortega
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/31/24 14:32:08
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 552 |
UNFINISHED BUSINESS
Bill No: SB 552
Author: Newman (D), et al.
Amended: 8/22/24
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 1/8/24
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Eggman
SENATE HOUSING COMMITTEE: 10-0, 1/9/24
AYES: Wiener, Seyarto, Blakespear, Caballero, Cortese, Jones, Padilla, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 1/22/24
AYES: Allen, Alvarado-Gil, 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, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Smallwood-Cuevas
ASSEMBLY FLOOR: 56-0, 8/30/24 – Roll call vote not available
SUBJECT: Public safety: pools and spas
SOURCE: California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
DIGEST:
This bill revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to meet specified safety requirements, among other changes.
Assembly Amendments
add intent language; incorporate additional requirements for a home inspector to include in a home inspection report related to pool or spa equipment; revise and recast the definition of “approved safety pool cover” and “exit alarms”; and, make other technical, clarifying and conforming changes, including language to address a chaptering issue.
ANALYSIS:
Existing law:
- Defines a “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, as specified, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units, to identify material defects in those systems, structures, and components and includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (Business and Professions Code (BPC) § 7195(a)(1))
- States that in connection of a transfer of real property with a swimming pool or spa a home inspection is to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying, which, if any, of the seven drowning prevention safety features listed in the Health and Safety Code (HSC) the pool or spa is equipped. (BPC § 7195(a)(2))
- Defines a “home inspection report” as a written report prepared for a fee and issued after a home inspection, which clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons; and, in a dwelling with a pool or spa, identifies which, if any, of the seven drowning prevention safety features the pool or spa is equipped with, and specifically states if the pool or spa has fewer than two of the listed drowning prevention safety features. (BPC § 7195(c))
- Requires when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa be equipped with at least two drowning prevention safety features, as specified. (Health and Safety Code (HSC) § 115922(a))
This bill:
- Revises the requirement for a home inspection of real property with a swimming pool or spa to include in the inspection report the drowning prevention safety features and note if they are in good repair, operable as designed, and, if applicable, appropriately labeled, as specified.
- States that the requirements specified in 1) above does not require the home inspector to make a determination as to whether a pool or spa safety feature meets the ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC.
- Revises the definition of a “home inspection report” to also include a written statement that a pool isolation fence, as described in HSC § 115923, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, as specified.
- Clarifies that the home inspection report does not require a determination as to whether a pool safety feature meets ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC..
- Updates the definition and requirements for “approved safety pool cover” and “exit alarms”.
- Updates the recasts definitions and requirements for the following drowning prevention features: manually operated pool cover, exit alarms, alarm placed in a pool or spa, and removable mesh fencing, as specified.
- Revises the specifications of specified drowning prevention safety features as defined in the HSC.
- Specifies that the requirements for meeting two of the seven pool safety features required for the construction or remodel of a swimming pool or spa at a private single-family residence are not satisfied by certain conditions.
- States Legislative intent to:
- Clarify that a home inspector is not required to determine whether an equipped drowning prevention safety feature meets the cited standards;
- Prohibit the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety, as intended by the Swimming Pool and Safety Act, as specified;
- Update outdated references within the Swimming Pool Safety Act; and,
- Revisit and amend the Swimming Pool and Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention and safety features, as specified.
- Makes other technical, clarifying, and conforming changes.
Background
There is currently no licensure requirement for home inspectors in California. However, home inspectors may hold a professional license in other capacities such as contractors, architects, engineers, or structural pest control operators. Existing law related to home inspectors establishes a standard of care, defines terms related to paid home inspections, mandates specified information be included in a home inspection report, and prohibits home inspections in which the inspector has a financial interest, among other things. There are private, voluntary certification programs for home inspectors; however, home inspectors are not required to be certified, only comply with specified industry standards.
A home inspection report should clearly identify and describe the inspected systems, structures, or components of the dwelling including any material defects identified and recommendations regarding the conditions observed, or any recommendations for evaluation by the appropriate persons. However, there are no requires for what is to be included in the report, other than noting whether the property has any of the seven specific pool or spa safety features along with which specific features are identified, or if the home inspector observes yellow corrugated stainless steel tubing during the course of a home inspection. There is currently no requirement for purchasers of real property (one to four unit dwellings) to obtain a home inspection.
Specifically related to pool and spa safety features, BPC Section 7195(a)) requires a home inspection report to include a noninvasive physical examination of the pool or spa and dwelling to identify which, if any, of the safety features identified in the HSC, intended to prevent drownings are available. The safety features specified in HSC Section 115922 include the following:
- An enclosure with certain characteristics including a 60 inch height requirement, an outside surface free from physical characteristics that would serve as handholds or footholds that a child below the age of 5 could climb over, access gates open away from the pool with a self-latching device, placed no lower than 60 inches above ground.
- Removable mesh fencing meeting ASTM standards in connection with a self-closing and self-latching gate.
- An approved safety pool cover which is defined as “manually or power-operated safety pool cover that meets all of the performance standards of the ASTM, in compliance with Standard F1346-91”.
- Exit alarms on the home’s doors that provide direct access to the swimming pool or spa.
- 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.
- An alarm that sounds when placed in a swimming pool or spa that sounds upon detection or unauthorized entrance into the water. The alarm must meet and be independently certified to the ASTM Standard F2208.
- 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 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.
This bill will revise and recast the elements of three specific drowning prevention safety features noted above, including removable mesh fence, pool safety cover, and alarm. In addition, this bill will allow other means of protection be independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers).
This bill aims to clarify the elements of a home inspection with respect to the noninvasive physical examination of the pool or spa safety features during the course of the inspection. This bill updates the requirements of a home inspection by stating that the noninvasive examination of the pool or spa does not require a determination as to whether the pool or spa safety features meets the specifications for pool or spa safety features as specified in the HSC. Although the provisions of this bill specify that the home inspection report does not require the home inspector to make a determination as to whether a pool safety feature meet certain ASTM standards, this bill will additionally require the home inspection report to identify whether the features are in good repair, operable as designed, and appropriately labeled, if required. This bill requires labels be affixed to specified pool and spa safety features verifying that they meet certain standards.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations, there are no anticipated costs to various Department of Consumer Affairs programs and the bill will result in potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
SUPPORT: (Verified 8/27/24)
California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
California Pool & Spa Association
OPPOSITION: (Verified 8/27/24)
None received
ARGUMENTS IN SUPPORT: Supporters note generally that this bill will provide important updates to California’s Pool Safety Act.
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/30/24 17:27:05
**** END ****
SENATE THIRD READING
STR Bill Id:SB 552
Author:(Newman)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Revises the requirements of a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to comply with the Swimming Pool Safety Act (Act).
Major Provisions
- In connection with a home transfer, as defined, requires a home inspection and home inspection report to identify which, if any, of the seven drowning prevention safety features with which a pool or spa must be equipped with are in good repair, operable as designed, and, if applicable, appropriately labeled, as required by the Act.
- Requires a home inspection report to include a written statement that a pool isolation fence, as described, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, "Prevention of Drowning," published in 2019.
- Clarifies that neither a home inspection nor home inspection report require a determination as to whether a pool safety feature meets ASTM International and American Society of Mechanical Engineers specifications, as referenced.
- Revises the standards for the drowning prevention safety features enumerated in the Act, as follows:
- Deletes the definition of an approved safety pool cover and recast this feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard.
- Deletes the definition of exit alarms and recasts this feature to include, in addition to exit alarms on a home's doors, exit alarms on windows that also provide direct access to the swimming pool or spa. Specifies an exit alarm may be battery operated or connected to the electrical wiring of the building.
- Requires a pool alarm that when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water, to be in good repair and operable as designed.
- Specifies that other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or the American Society of Mechanical Engineers, if certain conditions are met.
- Specifies that the requirement to have at least two drowning prevention safety features cannot be satisfied by any of the following combinations:
- An exit alarm and a self-closing, self-latching device on the same door.
- An exit alarm and a door latch on separate doors.
- A safety pool cover and a pool alarm.
COMMENTS
According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death of children between the ages of one and four and the second leading cause of death for children between the ages of five and fourteen. The CDC estimates that there are 11 fatal and 22 nonfatal drownings per day in the United States.
The Act currently requires, as a condition of a building permit, that private, single family homes with swimming pools be equipped with at least two drowning prevention safety features (e.g. enclosure, cover, or alarms). The homeowner may select two or more safety features from seven that are enumerated in the Act.
This bill would revise the standards for three drowning prevention safety features enumerated in the Act and allow other means of protection, as specified, that have been independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers). Additionally, this bill closes a loophole in the Act, which unintentionally allows for combinations of drowning prevention safety features that do not improve safety. For example, having an exit alarm and a self-closing, self-latching device on the same door would currently satisfy the Act's requirement to have two downing prevention safety features installed.
Additionally, existing law requires home inspectors to conduct a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. Moreover, current law specifies that four of the seven drowning prevention safety features are permitted if they meet specific ASTM standards. According to the author, this language has been interpreted as requiring home inspectors to assess whether the drowning prevention safety features comply with ASTM standards, which cannot be done noninvasively. The author's office provides the following example: pool covers must meet ASTM Standard F1346-91, which, in part, requires the ability to hold at least 485 pounds. According to the author's office, it is not possible for a home inspector to test the weight that a pool cover can withstand without the risk of damaging it. This bill would clarify that home inspectors are only required to ensure that drowning prevention safety features are in good repair, work as intended, and are appropriately labeled, as required.
According to the Author
"Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California's landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. SB 552 provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries."
Arguments in Support
The California Pool & Spa Association writes in support:
SB 552 simply provides technical updates to the California Pool Safety Act. These updates provide additional clarity to the Act by addressing untended consequences by addressing unintended consequences, adding clarifying language, and providing direction to residential home inspectors. Each of these proposed changes are intended to improve the Pool Safety Act as well as to provide additional direction to owners of swimming pools or spas on how to best protect children from unauthorized and unsupervised access to residential pools and spas.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- No anticipated costs to various licensing entities under the Department of Consumer Affairs (DCA). Home inspectors are not licensed in California, but may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. It is unlikely there will be an increase in enforcement workload to the impacted licensing programs from this bill because these activities would not fall within the regulatory purview of the DCA licensing practice acts.
- Potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, 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, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Smallwood-Cuevas
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Irwin, Jackson, Low, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Grayson
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta
ABS, ABST OR NV: Villapudua
ASSEMBLY FLOOR: 75-0-4
YES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, 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: Alvarez, Chen, Flora, Holden
UPDATED
VERSION: August 22, 2024
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0004471
SENATE THIRD READING
STR Bill Id:SB 552
Author:(Newman)
As Amended Ver:June 17, 2024
Majority vote
SUMMARY
Revises the requirements of a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to comply with the Swimming Pool Safety Act (Act).
Major Provisions
- In connection with a home transfer, as defined, requires a home inspection and home inspection report to identify which, if any, of the seven drowning prevention safety features with which a pool or spa must be equipped with are in good repair, operable as designed, and, if applicable, appropriately labeled, as required by the Act.
- Requires a home inspection report to include a written statement that a pool isolation fence, as described, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, "Prevention of Drowning," published in 2019.
- Clarifies that neither a home inspection nor home inspection report require a determination as to whether a pool safety feature meets ASTM International and American Society of Mechanical Engineers specifications, as referenced.
- Revises the standards for the drowning prevention safety features enumerated in the Act, as follows:
- Deletes the definition of an approved safety pool cover and recast this feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard.
- Deletes the definition of exit alarms and recasts this feature to include, in addition to exit alarms on a home's doors, exit alarms on windows that also provide direct access to the swimming pool or spa. Specifies an exit alarm may be battery operated or connected to the electrical wiring of the building.
- Requires a pool alarm that when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water, to be in good repair and operable as designed.
- Specifies that other means of protection may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or the American Society of Mechanical Engineers, if certain conditions are met.
- Specifies that the requirement to have at least two drowning prevention safety features cannot be satisfied by any of the following combinations:
- An exit alarm and a self-closing, self-latching device on the same door.
- An exit alarm and a door latch on separate doors.
- A safety pool cover and a pool alarm.
COMMENTS
According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death of children between the ages of one and four and the second leading cause of death for children between the ages of five and fourteen. The CDC estimates that there are 11 fatal and 22 nonfatal drownings per day in the United States.
The Act currently requires, as a condition of a building permit, that private, single family homes with swimming pools be equipped with at least two drowning prevention safety features (e.g. enclosure, cover, or alarms). The homeowner may select two or more safety features from seven that are enumerated in the Act.
- This bill would revise the standards for three drowning prevention safety features enumerated in the Act and allow other means of protection, as specified, that have been independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers). Additionally, this bill closes a loophole in the Act, which unintentionally allows for combinations of drowning prevention safety features that do not improve safety. For example, having an exit alarm and a self-closing, self-latching device on the same door would currently satisfy the Act's requirement to have two downing prevention safety features installed.
- Additionally, existing law requires home inspectors to conduct a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. Moreover, current law specifies that four of the seven drowning prevention safety features are permitted if they meet specific ASTM standards. According to the author, this language has been interpreted as requiring home inspectors to assess whether the drowning prevention safety features comply with ASTM standards, which cannot be done noninvasively. The author’s office provides the following example: pool covers must meet ASTM Standard F1346-91, which, in part, requires the ability to hold at least 485 pounds. According to the author’s office, it is not possible for a home inspector to test the weight that a pool cover can withstand without the risk of damaging it. This bill would clarify that home inspectors are only required to ensure that drowning prevention safety features are in good repair, work as intended, and are appropriately labeled, as required.
According to the Author
"Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California's landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. SB 552 provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries."
Arguments in Support
The California Pool & Spa Association writes in support:
SB 552 simply provides technical updates to the California Pool Safety Act. These updates provide additional clarity to the Act by addressing untended consequences by addressing unintended consequences, adding clarifying language, and providing direction to residential home inspectors. Each of these proposed changes are intended to improve the Pool Safety Act as well as to provide additional direction to owners of swimming pools or spas on how to best protect children from unauthorized and unsupervised access to residential pools and spas.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- No anticipated costs to various licensing entities under the Department of Consumer Affairs (DCA). Home inspectors are not licensed in California, but may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. It is unlikely there will be an increase in enforcement workload to the impacted licensing programs from this bill because these activities would not fall within the regulatory purview of the DCA licensing practice acts.
- Potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
VOTES
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, 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, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Smallwood-Cuevas
ASM BUSINESS AND PROFESSIONS: 17-0-1
YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Irwin, Jackson, Low, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur
ABS, ABST OR NV: Grayson
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta
ABS, ABST OR NV: Villapudua
ASSEMBLY FLOOR: 75-0-4
YES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, 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: Alvarez, Chen, Flora, Holden
UPDATED
VERSION: June 17, 2024
CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0004319
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 552 |
UNFINISHED BUSINESS
Bill No: SB 552
Author: Newman (D), et al.
Amended: 6/17/24
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 1/8/24
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Eggman
SENATE HOUSING COMMITTEE: 10-0, 1/9/24
AYES: Wiener, Seyarto, Blakespear, Caballero, Cortese, Jones, Padilla, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 39-0, 1/22/24
AYES: Allen, Alvarado-Gil, 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, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Smallwood-Cuevas
ASSEMBLY FLOOR: 75-0, 8/15/24 (Consent) - See last page for vote
SUBJECT: Public safety: pools and spas
SOURCE: California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
DIGEST:
This bill revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to meet specified safety requirements, among other changes.
Assembly Amendments
(1) add intent language; (2) incorporate additional requirement for a home inspector to include in a home inspection report related to pool or spa equipment; (3) revise and recast the definition of “approved safety pool cover” and “exit alarms”; and, (4) make other technical, clarifying and conforming changes.
ANALYSIS:
Existing law:
- Defines a “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, as specified, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units, to identify material defects in those systems, structures, and components and includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (Business and Professions Code (BPC) § 7195(a)(1))
- States that in connection of a transfer of real property with a swimming pool or spa a home inspection is to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying, which, if any, of the seven drowning prevention safety features listed in the Health and Safety Code (HSC) the pool or spa is equipped. (BPC § 7195(a)(2))
- Defines a “home inspection report” as a written report prepared for a fee and issued after a home inspection, which clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons; and, in a dwelling with a pool or spa, identifies which, if any, of the seven drowning prevention safety features the pool or spa is equipped with, and specifically states if the pool or spa has fewer than two of the listed drowning prevention safety features. (BPC § 7195(c))
- Requires when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa be equipped with at least two drowning prevention safety features, as specified. (HSC § 115922(a))
This bill:
- Revises the requirement for a home inspection of real property with a swimming pool or spa to include in the inspection report the drowning prevention safety features and note if they are in good repair, operable as designed, and, if applicable, appropriately labeled, as specified.
- States that the requirements specified in 1) above does not require the home inspector to make a determination as to whether a pool or spa safety feature meets the ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC.
- Revises the definition of a “home inspection report” to also include a written statement that a pool isolation fence, as described in HSC Section115923, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, as specified.
- Clarifies that the home inspection report does not require a determination as to whether a pool safety feature meets ASTM International and American Society of Mechanical Engineers specifications, as referenced in the HSC.
- Updates the definition and requirements for “approved safety pool cover” and “exit alarms”.
- Updates the recasts definitions and requirements for the following drowning prevention features: manually operated pool cover, exit alarms, alarm placed in a pool or spa, and removable mesh fencing, as specified.
- Revises the specifications of specified drowning prevention safety features as defined in the HSC as follows:
- An approved pool safety cover must be accompanied by a label verifying that the cover meets the specifications of American Society for Testing Materials (ASTM) F1346-91 Standard, is in good repair, and can be opened and closed by automated mechanics;
- Mesh fencing meets ASTM international specifications instead of ASTM;
- The alarm is in good repair; and
- Other means of protection meet standards additionally approved by another nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
- Specifies that the requirements for meeting two of the seven pool safety features required for the construction or remodel of a swimming pool or spa at a private single-family residence are not satisfied by any of the following:
- An exit alarm and a self-closing, self-latching device on the same door;
- An exit alarm and a door latch on separate doors; and
- A safety pool cover and an alarm, as specified.
- States that it is the intent of the Legislature to enact legislation that does all of the following:
- Clarifies that a home inspector is not required to determine whether an equipped drowning prevention safety feature meets the cited standards;
- Prohibits the combination of certain authorized drowning prevention safety features when those configurations do not provide at least two layers of safety , as intended by the Swimming Pool and Safety Act, as specified;
- Updates outdated references within the Swimming Pool Safety Act; and,
- Revisits and amends the Swimming Pool and Safety Act as necessary to reflect advancements in our understanding of the frequency and causes of childhood drowning and the efficacy of certain drowning prevention and safety features, as specified.
- Clarifies that a home inspector is not required to determine whether an equipped drowning prevention safety feature meets the cited standards;
- Makes other technical, clarifying, and conforming changes.
Background.
There is currently no licensure requirement for home inspectors in California. However, home inspectors may hold a professional license in other capacities such as contractors, architects, engineers, or structural pest control operators. Existing law related to home inspectors establishes a standard of care, defines terms related to paid home inspections, mandates specified information be included in a home inspection report, and prohibits home inspections in which the inspector has a financial interest, among other things. There are private, voluntary certification programs for home inspectors; however, home inspectors are not required to be certified, only comply with specified industry standards.
A home inspection report should clearly identify and describe the inspected systems, structures, or components of the dwelling including any material defects identified and recommendations regarding the conditions observed, or any recommendations for evaluation by the appropriate persons. However, there are no requires for what is to be included in the report, other than noting whether the property has any of the seven specific pool or spa safety features along with which specific features are identified, or if the home inspector observes yellow corrugated stainless steel tubing during the course of a home inspection. There is currently no requirement for purchasers of real property (one to four unit dwellings) to obtain a home inspection.
Specifically related to pool and spa safety features, BPC Section 7195(a)) requires a home inspection report to include a noninvasive physical examination of the pool or spa and dwelling to identify which, if any, of the safety features identified in the HSC, intended to prevent drownings are available. The safety features specified in HSC Section 115922 include the following:
- An enclosure with certain characteristics including a 60 inch height requirement, an outside surface free from physical characteristics that would serve as handholds or footholds that a child below the age of 5 could climb over, access gates open away from the pool with a self-latching device, placed no lower than 60 inches above ground.
- Removable mesh fencing meeting ASTM standards in connection with a self-closing and self-latching gate.
- An approved safety pool cover which is defined as “manually or power-operated safety pool cover that meets all of the performance standards of the ASTM, in compliance with Standard F1346-91”.
- Exit alarms on the home’s doors that provide direct access to the swimming pool or spa.
- 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.
- An alarm that sounds when placed in a swimming pool or spa that sounds upon detection or unauthorized entrance into the water. The alarm must meet and be independently certified to the ASTM Standard F2208.
- 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 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.
This bill revises and recast the elements of three specific drowning prevention safety features noted above, including removable mesh fence, pool safety cover, and alarm. In addition, this bill will allow other means of protection be independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers).
This bill aims to clarify the elements of a home inspection with respect to the noninvasive physical examination of the pool or spa safety features during the course of the inspection. This bill updates the requirements of a home inspection by stating that the noninvasive examination of the pool or spa does not require a determination as to whether the pool or spa safety features meets the specifications for pool or spa safety features as specified in the HSC. Although the provisions of this bill specify that the home inspection report does not require the home inspector to make a determination as to whether a pool safety feature meet certain ASTM standards, this bill will additionally require the home inspection report to identify whether the features are in good repair, operable as designed, and appropriately labeled, if required. This bill requires labels be affixed to specified pool and spa safety features verifying that they meet certain standards.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations,
- No anticipated costs to various licensing entities under the Department of Consumer Affairs (DCA). Home inspectors are not licensed in California, but may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. It is unlikely there will be an increase in enforcement workload to the impacted licensing programs from this bill because these activities would not fall within the regulatory purview of the DCA licensing practice acts.
- Potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
SUPPORT: (Verified 8/15/24)
California Coalition for Children's Safety and Health
California Pool & Spa Association
California Real Estate Inspection Association, INC.
OPPOSITION: (Verified 8/15/24)
None received
ARGUMENTS IN SUPPORT: Supporters note generally that this bill will provide important updates to California’s Pool Safety Act.
ASSEMBLY FLOOR: 75-0, 8/15/24
AYES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Alvarez, Chen, Flora, Holden
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
8/16/24 12:47:44
**** END ****
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 552
Author:(Newman) – As Amended Ver:June 17, 2024
Policy Committee: | Business and Professions | Vote: | 17 - 0 |
Housing and Community Development | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill modifies the responsibilities of a home inspector when conducting an inspection of a private single-family home with a pool or spa, and updates the compliance requirements for drowning prevention safety features under the Swimming Pool Safety Act.
Specifically, this bill:
- In connection with a home transfer, as defined, requires a home inspection and home inspection report to identify which, if any, of the seven drowning prevention safety features with which a pool or spa must be equipped are in good repair, operable as designed, and, if applicable, appropriately labeled, as required by the Swimming Pool Safety Act.
- Provides that the inspection in 1, above, need not include a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications, as referenced.
- Requires a home inspection report to include a written statement that a pool isolation fence, as described, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019.
- Revises the standards for the drowning prevention safety features enumerated in the Swimming Pool Safety Act, as follows:
- Deletes the definition of an approved safety pool cover and recast this feature as a manually operated or power-operated safety pool cover to be accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard.
- Deletes the definition of exit alarms and recasts this feature to include, in addition to exit alarms on a home’s doors, exit alarms on windows that also provide direct access to the swimming pool or spa. Specifies an exit alarm may be battery operated or connected to the electrical wiring of the building.
- Requires a pool alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water, to be in good repair and operable as designed.
- Specifies that other means of protection, may meet standards established by another nationally recognized standards development organization as an alternative to meeting the standards of the ASTM International or the American Society of Mechanical Engineers (ASME), and require the feature be accompanied by a label verifying it meets those standards.
- Specifies the Swimming Pool Safety Act requirement to have at least two drowning prevention safety features cannot be satisfied by any of the following combinations:
- An exit alarm and a self-closing, self-latching device on the same door.
- An exit alarm and a door latch on separate doors.
- A safety pool cover and a pool alarm.
- Corrects outdated references and makes other clarifying and conforming changes.
FISCAL EFFECT:
- No anticipated costs to various licensing entities under the Department of Consumer Affairs (DCA). Home inspectors are not licensed in California, but may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. It is unlikely there will be an increase in enforcement workload to the impacted licensing programs from this bill because these activities would not fall within the regulatory purview of the DCA licensing practice acts.
- Potential local costs of an unknown amount for local code enforcement. These costs are not state-reimbursable because local agencies have the authority to charge fees to fully offset inspection and enforcement costs.
COMMENTS:
- Purpose. According to the author:
Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California’s landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. [This bill] provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries.
- Background. California’s original Swimming Pool Safety Act (Setencich, Chapter 925, Statutes of 1996), applies to structures intended for swimming or recreational bathing containing water over 18 inches deep, including spas and wading pools. The Swimming Pool Safety Act required all new swimming pools constructed at private, single-family homes be equipped with either a permanent fence; a pool cover meeting certain safety standards; exit alarms or self-closing, self-latching devices on all doors providing access to the pool; or another safety feature providing as least as much protection as the specified four. The original act was amended in 2006 (Mullin, Chapter 478, Statutes of 2006) to reflect the availability of two additional drowning prevention features: removable mesh fencing and pool alarms that sound when a person enters the water. The 2006 amendments also expanded the scope of the law to include pools that undergo a remodel requiring a building permit.
Most recently, SB 442 (Newman), Chapter 670, Statutes of 2017, required a newly constructed or remodeled swimming pool or spa at a private single-family home to be equipped with at least two of seven specified drowning prevention safety features. SB 442 also required a home inspection be conducted upon a property transfer to identify which two drowning prevention safety features are equipped in the pool or spa, and required the information be included in the home inspection report.
This bill provides additional updates to the Swimming Pool Safety Act to clarify the role of home inspectors, update outdated references, and strengthen the two-layer safety feature requirement to ensure redundancy.
Neither the existing Swimming Pool Safety Act nor this bill applies to public swimming pools, swimming pools at apartment complexes, or hot tubs with locking safety covers meeting specified standards. They also do not apply to facilities regulated by the Department of Social Services (CDSS) that are also the private residence of the operator.
- Related Legislation. AB 2866 (Pellerin), of this legislative session, requires child daycare facilities regulated by CDSS be subject to the Swimming Pool Safety Act. AB 2866 is pending in the Senate Appropriations Committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 26, 2024
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Christopher M. Ward, Chair
SBPCA Bill Id:SB 552
Author:(Newman) – As Amended Ver:June 17, 2024
SENATE VOTE: 39-0
SUBJECT: Public safety: pools and spas
SUMMARY: Revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa, and updates which drowning prevention features can be combined to comply with the Swimming Pool Safety Act (the Act). Specifically, this bill:
- Requires a home inspection and home inspection report to identify which, if any, drowning prevention safety features a pool or spa is equipped with that are in safe repair, operable as designed, and, if applicable, appropriately labeled, as required by specified law.
- Provides that the inspection in 1) above is not required to include a determination as to whether a pool safety feature meets certain specifications.
- Requires a home inspection report to include a written statement that a pool isolation fence, as described, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019.
- Specifies that the requirement to have at least two drowning prevention safety features under the Act cannot be satisfied by any of the following combinations:
- An exit alarm and a self-closing, self-latching device on the same door;
- An exit alarm and a door latch on separate doors; or
- A safety pool cover and a pool alarm.
- Corrects outdated references to the American Society of Testing Materials (ASTM), which has since changed its name to ASTM International.
- Makes other clarifying and conforming changes.
EXISTING LAW:
- Defines “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. (Business and Professions Code (BPC) Section 7195(a)(1))
- Specifies that in connection with the transfer of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. (BPC 7195(a)(2))
- Defines “home inspection report” as a written report prepared for a fee and issued after a home inspection. In a dwelling with a pool or spa, the report shall identify which, if any, drowning prevention safety features the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the drowning prevention safety features specified in law. (BPC 7195(c))
- The Act requires, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa to be equipped with at least two of the following seven drowning prevention safety features:
- An enclosure (a fence, wall, or other barrier) that isolates the swimming pool or spa from the private single-family home.
- 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.
- An approved safety pool cover that is a manually or power operated and meets all of the performance standards of the ASTM in compliance with standard F1346-91.
- 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.”
- 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.
- 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 F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
- 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 (ASME). (Health and Safety Code (HSC) Section 115922)
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California’s landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. SB 552 provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries.”
Residential Pool Safety: According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death of children between the ages of one and four and the second leading cause of death for children between the ages of five and fourteen.[1] The CDC estimates that there are 11 fatal and 22 nonfatal drownings per day in the United States.
The Swimming Pool Safety Act (Act), currently requires, as a condition of a building permit, that private, single family homes with swimming pools be equipped with at least two drowning prevention safety features (e.g. enclosure, cover, or alarms). The homeowner may select two or more safety features from seven that are enumerated in the Act.
This bill would make minor technical revisions to the list of permissible prevention safety features enumerated in the Act and update outdated references to the American Society for Testing and Materials, which has since been renamed as ASTM International. Additionally, this bill closes a loophole in the Act which currently allows for combinations of drowning prevention safety features that may be duplicative and which do not provide two “layers” of safety, as intended by the Act. For example, having an exit alarm and a self-closing, self-latching device on the same door would currently satisfy the Act’s requirement to have two drowning prevention safety features installed. This bill would prohibit that combination of devices from satisfying the Act, as well as having an exit alarm and a door latch on separate doors, or having a safety pool cover and a pool alarm.
Additionally, existing law requires home inspectors to conduct a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. Moreover, current law specifies that three of the seven drowning prevention safety features are permitted if they meet specific ASTM standards. According to the author, this language has been interpreted as requiring home inspectors to assess whether the drowning prevention safety features comply with ASTM standards per law, which cannot be done noninvasively.
This bill would clarify that home inspectors are only required to ensure that drowning prevention safety features are in good repair, work as intended, and are appropriately labeled, as required. Lastly, this bill would require the home inspection report to include a written statement that a pool isolation fence is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019.
Arguments in Support: According to the California Pool & Spa Association, “SB 552 simply provides technical updates to the California Pool Safety Act. These updates provide additional clarity to the Act by addressing untended consequences by addressing unintended consequences, adding clarifying language and providing direction to residential home inspectors. Each of these proposed changes are intended to improve the Pool Safety Act as well as to provide additional direction to owners of swimming pool or spas on how to best protect children from unauthorized and unsupervised access to residential pools and spas.”
Arguments in Opposition: None on file.
Related Legislation:
AB 2866 (Pellerin) of the current legislative session would require child daycare facilities regulated by the California Department of Social Services be subject to the Swimming Pool Safety Act. AB 2866 is currently pending in the Senate Health Committee.
SB 855 (Newman), Chapter 817, Statutes of 2022: Requires the Department of Public Health to establish the Childhood Drowning Data Collection Pilot Program and report its findings to the Legislature, develop a Water Safety Action Plan for Children, and develop a standardized electronic form for counties to use in reporting drowning statistics.
SB 442 (Newman), Chapter 670, Statutes of 2017: Requires newly constructed or remodeled swimming pools or spas at private single-family residences to incorporate at least two of seven specified drowning prevention safety features and additionally requires home inspections conducted as part of the transfer of a property with a pool or spa to include an assessment of whether the pool is equipped with adequate drowning prevention features.
Double Referred: This bill is double referred. It was heard in the Assembly Committee on Business and Professions and passed on a vote of 17-0 on June 11, 2024.
REGISTERED SUPPORT / OPPOSITION:
Support
California Pool & Spa Association
Opposition
None on file.
Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085
Centers for Disease Control and Prevention. (2024, February 20). Drowning Facts. https://www.cdc.gov/drowning/data-research/facts/index.html ↑
Date of Hearing: June 11, 2024
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
SBPCA Bill Id:SB 552
Author:(Newman) – As Amended Ver:January 3, 2024
NOTE: This bill is double referred and if passed by this Committee will be re-referred to the Assembly Housing Committee.
SENATE VOTE: 39-0
SUBJECT: Public safety: pools and spas
SUMMARY: Revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features can be combined to comply with the Swimming Pool Safety Act.
EXISTING LAW:
- Defines “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. (HSC § 7195(a)(1))
- Specifies that in connection with the transfer of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. (HSC § 7195(a)(2))
- Defines “home inspection report” as a written report prepared for a fee and issued after a home inspection. In a dwelling with a pool or spa, the report shall identify which, if any, drowning prevention safety features the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the drowning prevention safety features specified in law.
- Specifies that except as provided, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
- An enclosure (a fence, wall, or other barrier) that isolates the swimming pool or spa from the private single-family home.
- 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.
- An approved safety pool cover that is a manually or power operated and meets all of the performance standards of the ASTM in compliance with standard F1346-91.
- 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.”
- 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.
- 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 F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
- 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 (ASME).
THIS BILL:
- Requires a home inspection and home inspection report to identify which, if any, drowning prevention safety features a pool or spa is equipped with that are in safe repair, operable as designed, and, if applicable, appropriately labeled, as required.
- States that neither requirement above requires a determination as to whether a pool safety feature meets the specifications referenced in statute.
- Revises the standards for the drowning prevention safety features enumerated in the Swimming Pool Safety Act, as follows:
- Requires an approved safety pool cover to be accompanied by a label verifying that the cover meets the specifications of the ASTM F1346-91 standard, is in good repair, and can be opened and closed by automated mechanics.
- Requires exit alarms on the home’s doors to be accompanied by exit alarms on windows that also provide direct access to the swimming pool or spa.
- Requires a pool alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water, to be in good repair and operable as designed.
- Allow other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features above and has been independently verified by another nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
- Specifies that the requirement to have at least two drowning prevention safety features cannot be satisfied by any of the following combinations:
- An exit alarm and a self-closing, self-latching device on the same door.
- An exit alarm and a door latch on separate doors.
- A safety pool cover and a pool alarm.
- Corrects outdated references to the American Society of Testing Materials (ASTM), who has since changed its name to ASTM International.
- Makes other clarifying and conforming changes.
FISCAL EFFECT: Pursuant to Senate Rule 28.8, no significant state costs anticipated.
COMMENTS:
Purpose. This bill is sponsored by California Real Estate Inspection Association (CREIA) and the California Coalition for Children’s Safety and Health. According to the author:
Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California’s landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. SB 552 provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries.
Background.
According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of death of children between the ages of one and four and the second leading cause of death for children between the ages of five and fourteen.[1] The CDC estimates that there are 11 fatal and 22 nonfatal drownings per day in the United States.
The Swimming Pool Safety Act (Act), currently requires, as a condition of a building permit, that private, single family homes with swimming pools be equipped with at least two drowning prevention safety features (e.g. enclosure, cover, or alarms). The homeowner may select two or more safety features from seven that are enumerated in the Act.
This bill would revise the standards for three drowning prevention safety features enumerated in the Act and allow other means of protection, as specified, that have been independently verified by another nationally recognized standards development organization (in addition to those verified by the ASTM or the American Society of Mechanical Engineers). Additionally, this bill closes a loophole in the Act, which unintentionally allows for combinations of drowning prevention safety features that do not improve safety. For example, having an exit alarm and a self-closing, self-latching device on the same door would currently satisfy the Act’s requirement to have two downing prevention safety features installed. The Act falls within the scope of the Assembly Housing Committee, where this bill is double referred. If passed by this Committee, outstanding concerns may be addressed in the subsequent policy committee.
Additionally, existing law requires home inspectors to conduct a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, drowning prevention safety features the pool or spa is equipped with. Moreover, current law specifies that four of the seven drowning prevention safety features are permitted if they meet specific ASTM standards. According to the author, this language has been interpreted as requiring home inspectors to assess whether the drowning prevention safety features comply with ASTM standards per law, which cannot be done noninvasively. The author’s office provides the following example: pool covers must meet ASTM Standard F1346-91, which, in part, requires the ability to hold at least 485 pounds. According to the author’s office, it is not possible for a home inspector to test the weight that a pool cover can withstand without the risk of damaging it. This bill would clarify that home inspectors are only required to ensure that drowning prevention safety features are in good repair, work as intended, and are appropriately labeled, as required.
Current Related Legislation.
AB 2866 (Pellerin) would require child daycare facilities regulated by the California Department of Social Services be subject to the Swimming Pool Safety Act. AB 2866 is pending in the Senate Health Committee.
Prior Related Legislation.
SB 855 (Newman), Chapter 817, Statutes of 2022, requires the Department of Public Health to establish the Childhood Drowning Data Collection Pilot Program (CDDCP) and report its findings to the Legislature, develop a Water Safety Action Plan for Children, and develop a standardized electronic form for counties to use in reporting drowning statistics.
SB 442 (Newman), Chapter 670, Statutes of 2017, requires newly constructed or remodeled swimming pools or spas at private single-family residences to incorporate at least two of seven specified drowning prevention safety features and additionally requires home inspections conducted as part of the transfer of a property with a pool or spa to include an assessment of whether the pool is equipped with adequate drowning prevention features.
AB 470 (Chu) of 2016 was identical to SB 422 (Newman). AB 470 was vetoed by the Governor.
AB 299 (Brown) of 2015 would have required the California Department of Public Health to develop a submersion incident form for nonfatal and fatal drowning events. AB 299 died in the Assembly Appropriations Committee.
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, added mesh fences and swimming pool alarms to the list of enumerated drowning prevention safety features in the Swimming Pool Safety Act, and required remodeled pools and spas to cover drains with an anti-entrapment grate.
AB 3305 (Sentencich), Chapter 925, Statutes of 1996, enacted the Swimming Pool Safety Act to establish certain safety standards requiring swimming pool enclosures, safety pool covers, or exit alarms, as defined, or certain other means of protection, and would require each swimming pool for which a construction permit is issued on or after January 1, 1998, and that is located at a private, single-family home to meet at least one of these safety standards.
ARGUMENTS IN SUPPORT:
The CREIA writes in support of this bill as a co-sponsor:
As currently written, Business and Professions Code Section 7195 (a)(2) creates confusion regarding the noninvasive physical examination of the pool or spa. The text states that the examination shall be for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.
However, the referenced Health and Safety Code Section 115922 includes language which is being interpreted as requiring more than a noninvasive physical examination to identify which if any of seven pool safety features are present. For four features [mesh fencing, pool/spa cover, pool alarms, and other means of protection], the text references compliance with specific standards that are not attainable by a non-invasive, physical examination [...] CREIA believes these revisions will be consistent with, and in furtherance of, the objective of SB 442 that the home inspection includes a physical examination of the pool to determine which, if any, of the seven drowning prevention features described in existing law it is equipped with, and that the home inspection report identifies which of these drowning prevention features the pool is equipped with and specifically states if fewer than two are installed.
ARGUMENTS IN OPPOSITION:
The California Building Officials (CALBO) write in opposition:
CALBO strongly believes that improving public health and safety through updated building codes is necessary to consider new technology and best practices across the industry. However, this must be done in a cost-efficient, transparent, and feasible process which is offered through the regulatory process. This bill would unfortunately circumvent the process by mandating in state law that homeowners wishing to purchase a pool cover must only purchase an automatic pool cover. CALBO believes that any kind of safety measure that has been agreed upon by experts in the field to promote public health and safety should not be limited to one specific type of technology over another. If the industry is learning that there are safer options, they should be discussed in the regulatory process and the codes should be updated accordingly.
IMPLEMENTATION ISSUES:
This bill would specify that home inspectors are not required to determine whether a downing prevention safety feature meets the “specifications” referenced in the Act. The author may wish to clarify that the term “specifications” refers to ASTM standards, and not other parameters specified in law. For example, a self-closing, self-latching device with a release mechanism is required to be placed no lower than 54 includes above the floor. Further clarification would help ensure that such requirements are not unintentionally waived.
REGISTERED SUPPORT:
California Coalition for Children’s Safety and Health (Co-Sponsor)
California Real Estate Inspection Association (Co-Sponsor)
California Pool & Spa Association
San Francisco Baykeeper
REGISTERED OPPOSITION:
American Academy of Pediatrics, California
California Building Officials (Unless Amended)
One individual
Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301
Centers for Disease Control and Prevention. (2024, February 20). Drowning Facts. https://www.cdc.gov/drowning/data-research/facts/index.html ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 552 |
THIRD READING
Bill No: SB 552
Author: Newman (D)
Amended: 1/3/24
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 1/8/24
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Eggman
SENATE HOUSING COMMITTEE: 10-0, 1/9/24
AYES: Wiener, Seyarto, Blakespear, Caballero, Cortese, Jones, Padilla, Skinner, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Public safety: pools and spas
SOURCE: California Coalition for Children's Safety and Health
California Real Estate Inspection Association, Inc.
DIGEST:
This bill revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features may be combined to meet specified safety requirements, among other changes.
ANALYSIS:
Existing law:
- Defines a “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, as specified, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units, to identify material defects in those systems, structures, and components and includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (Business and Professions Code (BPC) § 7195(a)(1))
- States that in connection of a transfer of real property with a swimming pool or spa a home inspection is to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying, which, if any, of the seven drowning prevention safety features listed in the Health and Safety Code (HSC) the pool or spa is equipped. (BPC § 7195(a)(2))
- Defines a “home inspection report” as a written report prepared for a fee and issued after a home inspection, which clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons; and, in a dwelling with a pool or spa, identifies which, if any, of the seven drowning prevention safety features the pool or spa is equipped with, and specifically states if the pool or spa has fewer than two of the listed drowning prevention safety features. (BPC § 7195(c))
- Defines a “home inspector” as any individual who performs a home inspection. (BPC § 7195(d))
- Requires when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa be equipped with at least two specified drowning prevention safety features. (HSC § 115922(a))
This bill:
- Revises the requirement for a home inspection of real property with a swimming pool or spa to include in the inspection report the drowning prevention safety features and note if they are in safe repair, operable as designed, and, if applicable, appropriately labeled, as specified.
- States that the requirements specified in 1) above does not require the home inspector to make a determination as to whether a pool or spa safety feature meets the specifications required in the HSC related to pool safety features.
- Revises the specifications of specified drowning prevention safety features as defined in the HSC as follows:
- An approved pool safety cover must be accompanied by a label verifying that the cover meets the specifications of American Society for Testing Materials (ASTM) F1346-91 Standard, is in good repair, and can be opened and closed by automated mechanics;
- Mesh fencing meets ASTM international specifications instead of ASTM;
- The alarm is in good repair; and
- Other means of protection meet standards additionally approved by another nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
- Specifies that the requirements for meeting two of the seven pool safety features required for the construction or remodel of a swimming pool or spa at a private single-family residence are not satisfied by any of the following:
- An exit alarm and a self-closing, self-latching device on the same door;
- An exit alarm and a door latch on separate doors; and
- A safety pool cover and an alarm, as specified.
Background
Home Inspectors. Home inspectors are not licensed in California. However, home inspectors may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. Existing law establishes a standard of care for home inspectors, defines terms related to paid home inspections, mandates specified information be included in a home inspection report, and prohibits home inspections in which the inspector has a financial interest, among other things. There are private, voluntary certification programs for home inspectors; however, home inspectors are not required to be certified, only comply with specified industry standards.
A home inspection report is intended to clearly identify and describe the inspected systems, structures, or components of the dwelling including any material defects identified and recommendations regarding the conditions observed, or any recommendations for evaluation by the appropriate persons. However, there are no mandates on what is to be included in the report, other than noting whether the property has any of the seven specific pool or spa safety features and which specific features are identified, or if the home inspector observes yellow corrugated stainless steel tubing during the course of a home inspection. There is currently no requirement for purchasers of real property (one to four unit dwellings) to obtain a home inspection.
Specifically related to pool and spa safety features, BPC Section 7195(a)) requires a home inspection report to include a noninvasive physical examination of the pool or spa and dwelling to identify which, if any, of the safety features identified in the HSC, intended to prevent drownings are available. The safety features specified in HSC Section 115922 include the following:
- An enclosure with certain characteristics including a 60 inch height requirement, an outside surface free from physical characteristics that would serve as handholds or footholds that a child below the age of 5 could climb over, access gates open away from the pool with a self-latching device, placed no lower than 60 inches above ground.
- Removable mesh fencing meeting ASTM standards in connection with a self-closing and self-latching gate.
- An approved safety pool cover which is defined as “manually or power-operated safety pool cover that meets all of the performance standards of the ASTM, in compliance with Standard F1346-91”.
- Exit alarms on the home’s doors that provide direct access to the swimming pool or spa.
- 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.
- An alarm that sounds when placed in a swimming pool or spa that sounds upon detection or unauthorized entrance into the water. The alarm must meet and be independently certified to the ASTM Standard F2208.
- 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 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.
Pool Safety Act and SB 442. The Pool Safety Act of 1996 required all new swimming pools constructed at private, single-family homes be equipped with either a permanent fence, a pool cover meeting certain safety standards, exit alarms or self-closing, self-latching devices on all doors providing access to the pool, or another safety feature providing as least as much protection as the specified four. The Pool Safety Act was revised in 2006 (AB 2977, Mullin, Chapter 478, Statutes of 2006) to reflect the availability of two additional drowning-prevention features: removable mesh fencing and pool alarms that sound when a person enters the water. It was also expanded to include pools that undergo a remodel requiring a building permit. Most recently, the Pool Safety Act was updated in 2017, when the Legislature passed and the Governor signed into law SB 442 (Newman, Chapter 670, Statutes of 2017) which 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 or spa to include an assessment of whether the pool or spa is equipped with any of the seven safety features and to specifically note if there are less than two.
The co-sponsors of this measure note that the original drafting of SB 442 may have led to potential confusion amongst home inspectors in conducting inspections of property with pool or spas. The cross reference between the BPC requirements for a home inspection of the pool and spa safety features with those features identified in the HSC may not be attainable by a noninvasive physical examination as required by the home inspector.
This bill aims to clarify the elements of a home inspection with respect to the noninvasive physical examination of the pool or spa safety features during the course of the inspection. This bill updates the requirements of a home inspection by stating that the noninvasive examination of the pool or spa does not require a determination as to whether the pool or spa safety features meets the specifications for pool or spa safety features as specified in the HSC. Although the provisions of this bill specify that the home inspection report does not require the home inspector to make a determination as to whether a pool safety feature meet certain ASTM standards as included in the HSC, this bill will additionally require the home inspection report to identify whether the features are in good repair, operable as designed, and appropriately labeled, if required. This bill requires labels be affixed to specified pool and spa safety features verifying that they meet certain standards. Consistent with other functions of a home inspection, the home inspector may refer or recommend that a homeowner confer with an industry expert.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 1/17/24)
California Coalition for Children's Safety and Health (co-source)
California Real Estate Inspection Association, Inc. (co-source)
California Pool & Spa Association
OPPOSITION: (Verified 1/17/24)
American Academy of Pediatrics, California
California Building Officials
One individual
ARGUMENTS IN SUPPORT: The California Real Estate Inspection Association, Inc. writes in support, “these revisions will be consistent with, and in furtherance of, the objective of SB 442 that the home inspection includes a physical examination of the pool to determine which, if any, of the seven drowning prevention features described in existing law it is equipped with, and that the home inspection report identifies which of these drowning prevention features the pool is equipped with and specifically states if fewer than two are installed.”
The California Coalition for Children’s Safety and Health (CCCSH) writes in support, “CCCSH supports SB 552 addressing important technical updates to California’s residential Pool Safety Act…We applaud your efforts to monitor and provide necessary updates needed to keep the Pool Safety Act a meaningful deterrent helping keep young children accessing residential pools unsupervised by an adult.”
The California Pool & Spa Association writes in support, “SB 552 simply provides technical updates to the California Pool Safety Act. These updates provide additional clarity to the Act by addressing untended consequences by addressing unintended consequences, adding clarifying language and providing direction to residential home inspectors.”
ARGUMENTS IN OPPOSITION: The American Academy of Pediatrics, California writes in opposition, “This bill will not help achieve what has been and should be the goal: saving children from death and disability because of backyard (residential) pool drownings. The safety and efficacy of automatic pool covers compared to non-automatic is not known and may have unintended consequences. The other measures proposed are neither evidence-based nor best practices and will not advance our goal of reducing drowning fatalities among children. (American Academy of Pediatrics, Prevention of Drowning Policy Statement and Technical Report.)”
The California Building Officials (CALBO) is opposed unless amended and writes, “CALBO is supportive of the approach to adopt modern technology to further promote public safety in residential pools and spas, however, this should be done through the regulatory process instead of through state law. The regulatory process provides the best option to determine what specific improvements to the California Residential Codes need to be made to improve drowning prevention and safety in residential pools and spas.”
Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104
1/17/24 14:34:08
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Richard Roth, Chair
2023 - 2024 Regular
Bill No: SB 552 Hearing Date: January 8, 2024
Author: | Newman | ||
Version: | January 3, 2024 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Public safety: pools and spas.
SUMMARY:
Revises the requirements for a home inspector when conducting a home inspection of a private-single family home with a pool or spa and updates which drowning prevention features can be combined to meet the specified safety requirements, among other changes.
NOTE:
This measure is double-referred to the Senate Committee on Housing, second.
Existing law:
- Defines a “home inspection” as a noninvasive, physical examination, performed for a fee in connection with a transfer of real property, as specified, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units, to identify material defects in those systems, structures, and components and includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term. (Business and Professions Code (BPC § 7195(a)(1))
- States that in connection of a transfer of real property with a swimming pool or spa a “home inspection” is to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying, which, if any, of the seven drowning prevention safety features listed in the Health and Safety Code (HSC) the pool or spa is equipped. (BPC § 7195(a)(2))
- Permits a home inspection to include an inspection of specified energy efficiency items, if requested by the client. (BPC § 7195(a)(3))
- Defines a “home inspection report” as a written report prepared for a fee and issued after a home inspection, which clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons; and, in a dwelling with a pool or spa, identifies which, if any, of the seven drowning prevention safety features the pool or spa is equipped with, and specifically states if the pool or spa has fewer than two of the listed drowning prevention safety features. (BPC § 7195(c))
- Defines a “home inspector” as any individual who performs a home inspection.(BPC 7195(d))
- Prohibits a home inspector from providing an opinion of value on a property. (BPC § 7195.7)
- Requires when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the pool or spa be equipped with at least two of the following drowning prevention safety features:
- An enclosure that meets specified requirements and isolates the swimming pool or spa from the private single-family home.
- Removable mesh fencing that meets ASTM meets American Society for Testing Materials (ASTM) specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device;
- An approved pool safety cover, as defined;
- Exit alarms on the private single-family home’s doors that provide direct access to the pool or spa, where the exit alarm may cause either an alarm noise or a verbal warning;
- A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private-single home’s doors providing direct access to the swimming pool or spa;
- An alarm that when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water, as specified;
- 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 for those features established by the ASTM of the American Society of Mechanical Engineers. (Health and Safety Code (HSC) § 115922(a))
- Requires the local building code official to inspect the drowning safety prevention features, required above, before the issuance of a final approval for the completion of permitted construction or remodeling work. (HSC § 115922(b))
This bill:
- Revises the requirement for a home inspection of real property with a swimming pool or spa to include in the inspection report the drowning prevention safety features and note if they are in safe repair, operable as designed, and, if applicable, appropriately labeled, as specified.
- States that the requirements specified in 1) above does not require the home inspector to make a determination as to whether a pool or spa safety feature meets the specifications required in the HSC related to pool safety features.
- Revises the specifications of specified drowning prevention safety features as defined in the HSC as follows:
- An approved pool safety cover must be accompanied by a label verifying that the cover meets the specifications of ASTM F1346-91 standard, is in good repair, and can be opened and closed by automated mechanics;
- Mesh fencing meets ASTM international specifications instead of American Society for Testing and Materials (ASTM);
- The alarm is in good repair;
- Other means of protection meet standards additionally approved by another nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
- Specifies that the requirements for meeting two of the seven pool safety features required for the construction or remodel of a swimming pool or spa at a private single-family residence are not satisfied by any of the following:
- An exit alarm and a self-closing, self-latching device on the same door;
- An exit alarm and a door latch on separate doors;
- A safety pool cover and an alarm, as specified.
FISCAL EFFECT:
Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
- Purpose. The California Real Estate Inspection Association and the California Coalition for Children’s Safety and Health are the sponsors of this bill. This bill is intended to clarify a home inspector’s responsibility when conducting a home inspection of a residential property with a pool or spa, and updates requirements under the pool safety act to ensure safety requirements surrounding pools or spa at residential properties meet technology changes and advancements in the types of pool safety measures available. According to the author, “BPC Sec. 7195(a)(2), as added by SB 442, requires home inspectors to document through a “noninvasive physical examination” which, if any, of the seven drowning prevention safety features specified in HSC Sec. 115922(a) are equipped on a residential pool or spa. This language has unintentionally been interpreted as requiring home inspectors to verify and test whether the safety features were manufactured and installed according to ASTM standards, as HSC Sec. 115922(a) specifies four of the seven safety features are only authorized if they meet specific ASTM standards…
Verification of whether products meet ASTM standards cannot be achieved through noninvasive means…SB 552 resolves this by making clear home inspectors are not required to carry out rigorous product testing, but rather simply check if safety features are working as intended. This may include checking whether a door exit alarm sounds when opened, or seeing if a self-closing, self-latching gate closes and latches as intended…
As noted in the Author’s Statement included in the September 11, 2017 Senate Floor Analysis, SB 442’s new home inspection requirements were intended to “inform new homeowners of whether their pools are equipped with adequate safety features,” not whether those safety features were manufactured according to ASTM standards.”
- Background.
Home Inspectors. Home inspectors are not licensed in California. However, home inspectors may hold a license in other professional capacities such as contractors, architects, engineers, or structural pest control operators. Existing law establishes a standard of care for home inspectors, defines terms related to paid home inspections, mandates specified information be included in a home inspection report, and prohibits home inspections in which the inspector has a financial interest, among other things. There are private, voluntary certification programs for home inspectors; however, home inspectors are not required to be certified, only comply with specified industry standards.
A home inspection report is intended to clearly identify and describe the inspected systems, structures, or components of the dwelling including any material defects identified and recommendations regarding the conditions observed, or any recommendations for evaluation by the appropriate persons. However, there are no mandates on what is to be included in the report, other than noting whether the property has any of the seven specific pool or spa safety features and which specific features are identified, or if the home inspector observes yellow corrugated stainless steel tubing during the course of a home inspection. A home inspection, if requested by the client, can also include an inspection of energy efficiency items and the irrigation system. There is currently no requirement for purchasers of real property (one to four unit dwellings) to obtain a home inspection.
Specifically related to pool and spa safety features, BPC § 7195(a)) requires a home inspection report to include a noninvasive physical examination of the pool or spa and dwelling to identify which, if any, of the safety features identified in the HSC, intended to prevent drownings are available. The safety features specified in HSC § 115922 include the following:
- An enclosure with certain characteristics including a 60 inch height requirement, an outside surface free from physical characteristics that would serve as handholds or footholds that a child below the age of five could climb over, access gates open away from the pool with a self-latching device, placed no lower than 60 inches above ground.
- Removable mesh fencing meeting ASTM standards in connection with a self-closing and self-latching gate.
- An approved safety pool cover which is defined as “manually or power-operated safety pool cover that meets all of the performance standards of the ASTM, in compliance with standard F1346-91.
- Exit alarms on the home’s doors that provide direct access to the swimming pool or spa.
- 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.
- An alarm that sounds when placed in a swimming pool or spa that sounds upon detection or unauthorized entrance into the water. The alarm must meet and be independently certified to the ASTM Standard F2208.
- 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 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.
Pool Safety Act and SB 442. The Pool Safety Act (AB 3305 (Speier), Chapter 925, Statutes of 1996) required all new swimming pools constructed at private, single-family homes be equipped with either a permanent fence, a pool cover meeting certain safety standards, exit alarms or self-closing, self-latching devices on all doors providing access to the pool, or another safety feature providing as least as much protection as the specified four. The Pool Safety Act was revised in 2006 (AB 2977 (Mullin), Chapter 478, Statutes of 2006) to reflect the availability of two additional drowning-prevention features: removable mesh fencing and pool alarms that sound when a person enters the water. It also expanded to include pools that undergo a remodel requiring a building permit. Most recently, the act was updated in 2017, when the Legislature passed and the Governor signed into law SB 442 (Newman, Chapter 670, Statutes 2017) which 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 or spa to include an assessment of whether the pool or spa is equipped with any of the seven safety features and to specifically note if there are less than two.
The co-sponsors of this measure note that the original drafting of SB 442 may have led to potential confusion amongst home inspectors in conducting inspections of property with pool or spas. The cross reference between the BPC requirements for a home inspection of the pool and spa safety features with those features identified in the HSC may not be attainable by a noninvasive physical examination as required by the home inspector.
This bill aims to clarify the elements of a home inspection with respect to the noninvasive physical examination of the pool or spa safety features during the course of the inspection. This bill updates the requirements of a home inspection by stating that the noninvasive examination of the pool or spa does not require a determination as to whether the pool or spa safety features meets the specifications for pool or spa safety features as specified in the HSC. Although the provisions of this bill specify that the home inspection report does not require the home inspector to make a determination as to whether a pool safety feature meet certain ASTM standards as included in the HSC, the provisions of this bill will additionally require the home inspection report to identify whether the features are in good repair, operable as designed, and appropriately labeled if required. This bill would require labels be affixed to specified pool and spa safety features verifying that they meet certain standards. Consistent with other functions of a home inspection, the home inspector may refer or recommend that a homeowner confer with an industry expert.
The Swimming Pool Safety act, as specified in HSC § 115922, requires when a building permit is issued for the construction of a new pool or spa or for the remodel of a pool or spa at a private single-family home, the pool or spa meet two of seven identified safety features and before issuing the final permit approval, the local building official inspect the drowning safety prevention features and if no violations are found then provide final permit approval.
Drowning Information. Drowning incidents continue to make headlines in California and across the nation, especially as they relate to young children’s accidental drowning in residential pools. According to Drowning Facts information provided by the Centers for Disease Control and Prevention, “more children die from drowning than other cause of death.” “For children ages 5–14, drowning is the second leading cause of unintentional injury death after motor vehicle crashes.” The CDC further notes that most drownings in children 1-4 happen in swimming pools and drowning can happen even when children are not expected to be near water, such as when they gain unsupervised access to pools. Current law, requiring drowning prevention features residential pools or spas aims to curtail these instances. In California, historically multiples governors have declared either May or June as drowning awareness month. As part of Governor Newsom’s declaration in May of 2023, it noted, “the California Department of Developmental Services currently provides services to nearly 800 survivors of near-drowning accidents who require lifelong assistance for their disabilities.”
Housing Committee. This bill is double referred to the Senate Committee on Housing. This committee’s jurisdiction pertain to the changes in the BPC related to the duty and role of the home inspector in conducting a home inspection of a property with a pool or spa and the requirements that must be included in a report related to the pool safety features identified during a noninvasive physical examination of the pool or spa. If passed by this Committee, the Committee on Housing will likely focus on any changes to the HSC related to the swimming pool safety act including updates to the standards and specifications required for pool and spa safety features.
- Prior Related Legislation. SB 736 (Newman of 2021) proposed to make a number of changes related to the inspection of pool safety features and the requirements for meeting pool safety standards, as specified. (Status: This bill died in the Senate Committee on Housing).
SB 484 (Archuleta, Chapter 545, Statutes of 2021) exempts a licensed plumbing contractor, upon meeting certain conditions, from provisions relating to a home inspection, which prohibits repairs to a structure on which the inspector or the inspector's company has prepared a home inspection.
AB 1129 (Frazier of 2021) proposed to establish the Bureau of Home Inspectors under the DCA, and enact the Home Inspector Licensing Act. (Status: This bill is currently pending referral in the Assembly).
AB 1024 (Frazier of 2020) proposed to create a new licensure program for home inspectors. (Status: This bill died in the Assembly Committee on Appropriations).
SB 988 (Galgiani, Chapter 225, Statutes of 2018) would require a home inspector to include a specified notice in a home inspection report if the inspector observes any shade of yellow corrugated stainless steel tubing during a home inspection.
SB 442 (Newman, Chapter 670, Statutes of 2017), requires newly constructed or remodeled swimming pools or spas at private single-family residences to incorporate at least two of seven specified drowning prevention safety features. It also requires home inspections conducted as part of the transfer of a property with a pool or spa to include an assessment of whether the pool is equipped with adequate drowning prevention features.
AB 470 (Chu of 2016) sought to require newly constructed or remodeled swimming pools or spas at private single-family residences to incorporate at least two of seven specified drowning prevention safety features. It also would require home inspections conducted as part of the transfer of a property with a pool or spa to include an assessment of whether the pool is equipped with adequate drowning prevention features. (Status: This bill was vetoed by Governor Brown.)
- Arguments in Support. The California Real Estate Inspection Association writes in support and notes, “these revisions will be consistent with, and in furtherance of, the objective of SB 442 that the home inspection includes a physical examination of the pool to determine which, if any, of the seven drowning prevention features described in existing law it is equipped with, and that the home inspection report identifies which of these drowning prevention features the pool is equipped with and specifically states if fewer than two are installed.”
The California Coalition for Children’s Safety and Health writes in support and notes, “CCCSH supports SB 552 addressing important technical updates to California’s residential Pool Safety Act…We applaud your efforts to monitor and provide necessary updates needed to keep the Pool Safety Act a meaningful deterrent helping keep young children accessing residential pools unsupervised by an adult.”
- Arguments in Opposition. The California Building Officials is opposed unless amended and writes, “CALBO is supportive of the approach to adopt modern technology to further promote public safety in residential pools and spas, however, this should be done through the regulatory process instead of through state law. The regulatory process provides the best option to determine what specific improvements to the California Residential Codes need to be made to improve drowning prevention and safety in residential pools and spas.”
SUPPORT AND OPPOSITION:
Support:
California Coalition for Children’s Safety and Health (co-sponsor)
California Real Estate Inspection Association (co-sponsor)
Opposition:
California Building Officials
-- END --
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: SB 552 Hearing Date: 1/9/2024
Author: | Newman | ||
Version: | 1/3/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Public safety: pools and spas.
DIGEST: This bill makes several changes to the Pool Safety Act, including that: (1) the combination of specified prevention features shall not satisfy the required two prevention feature requirements for pools or spas at a private, single family residence, and (2) manual pool covers do not satisfy one of the required prevention features for pools or spas at a private, single family residence.
ANALYSIS:
Existing law:
- Requires that when a property with a pool is transferred:
- The home inspection must include a physical examination of the pool to determine which, if any, of the seven drowning prevention features described in existing law with which it is equipped.
- The home inspection report must identify which of these drowning prevention features the pool is equipped with and specifically state if fewer than two are installed.
- Requires that when a pool at a private, single-family residence is constructed or remodeled, at least two of the following drowning prevention features must be installed:
- An enclosure separating home access points from the pool and meeting specific requirements with respect to height, gaps, latches, and any features that could serve as handholds or footholds.
- A removable mesh fence meeting specific standards set by the American Society for Testing and Materials (ASTM), and equipped with a self-closing, self-latching gate that can accommodate a lock.
- A pool cover meeting specific ASTM standards.
- Exit alarms on all doors that provide access from the home to the pool.
- Self-closing, self-latching devices, with release mechanisms placed no lower than 54 inches above the floor, on all doors that provide access from the home to the pool.
- A pool alarm designed to sound in the event of an unauthorized entrance into the water and independently certified as meeting specific ASTM standards.
- Another feature providing as much or more protection than the above devices and independently verified as meeting ASTM or American Society of Mechanical Engineers standards.
- Specifies that exit alarms on home doors leading to a pool may use a verbal warning (e.g., a repeating notification that “the door to the pool is open”) or an alarm noise.
- Establishes the Childhood Drowning Data Collection Pilot Program to be implemented by CDPH, by January 1, 2024, and until January 1, 2029, for the purpose of collecting detailed data on childhood fatal and nonfatal drownings in the state with a particular focus on pool drownings among children one to four years of age.
- Requires CDPH, on or before January 1, 2026, to submit a report to appropriate legislative policy committees on the progress and findings of the data collection program, with stakeholder input, and that includes recommendations related to improving pool safety on a state and local level.
This bill:
- Provides that an approved automatic pool safety cover shall be accompanied by a label stating it meets specified standards, is in good repair, and can be opened and closed by automated mechanics.
- Provides that exit alarms shall be on both doors and windows.
- Provides that an alarm on a pool or spa shall be in good repair and operable as designed.
- Provides that other means of protection can be utilized if the protection is established by a nationally recognized standards development organization and is accompanied by a label verifying that the protection meets those standards.
- Provides that, the following shall not satisfy the threshold of two drowning protection features:
- An exit alarm and self-closing, self-latching device on the same door.
- An exit alarm and a door latch on separate doors.
- A safety pool cover and specified pool or spa alarm.
- Clarifies that a “home inspection” shall ensure that the noninvasive physical examination of the pool or spa and dwelling for purposes of meeting the drowning safety prevention features means the pool or spa is equipped, in safe repair, operable as designed, and, if applicable, appropriately labeled. Provides that the home inspection shall not require a determination of whether a pool safety feature meets specified safety prevention feature requirements.
- Clarifies that the “home inspection report” shall ensure that the listed drowning prevention safety features are in place and in good repair, operable as designed, and, if applicable, appropriately labeled. Provides that the home inspection report shall not require a determination of whether a pool safety feature meets specified safety prevention feature requirements.
- Makes technical and conforming changes.
COMMENTS:
- Author’s statement. “Drowning remains the leading cause of death for California children aged 4 and under, with roughly 75% of fatal childhood drownings occurring at home pools or spas. To guard against these tragedies, SB 442 (Newman, 2017) expanded California’s landmark Swimming Pool Safety Act to require at least two anti-drowning safety devices in place at residential pools, such as pool covers or alarms. SB 552 provides technical cleanup amendments that clarify original intent, update outdated references, and close gaps in implementation, thereby ensuring that critical pool safety features are properly and effectively employed to better prevent childhood deaths and injuries.”
- Background: Childhood drownings. According to the American Academy of Pediatrics website, drowning is the leading cause of unintentional injury-related death in U.S. children one through four years of age and, as of 2018, has surpassed birth defects as the most common cause of death among this age group. Drowning is the third leading cause of unintentional injury-related death among U.S. children and adolescents five through 19 years. In 2018, almost 900 U.S. children and youth under 20 years died of drowning, and more than 7,200 were seen at a hospital emergency department (ED) for a drowning event, with 35% of those children either hospitalized or transferred for further care. Childhood unintentional drowning fatality rates have decreased steadily from 2.68 per 100,000 in 1985 to 1.09 per 100,000 in 2018.
According to a CDPH safety brochure, 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. Most of these drownings take place at the homes of parents, relatives, or neighbors. CDPH recommends a combination of adult supervision and safety barriers for preventing drownings and states that, when around water, children must be kept in direct sight at all times, as children in water or next to water can drown immediately and silently, so there is no room for error.
- Background of the Pool Safety Act. California’s original Pool Safety Act (Setencich, Chapter 925, Statutes of 1996), which went into effect on January 1, 1997, required all new swimming pools constructed at private, single-family homes be equipped with either a permanent fence, a pool cover meeting certain safety standards, exit alarms or self-closing, self-latching devices on all doors providing access to the pool, or another safety feature providing as least as much protection as the specified four. The act was amended in 2006 (Mullin, Chapter 478, Statutes of 2006) to reflect the availability of two additional drowning-prevention features: removable mesh fencing and pool alarms that sound when a person enters the water. The 2006 act also expanded the scope of the law to include pools that undergo a remodel requiring a building permit.
The Pool Safety Act was substantially amended in 2017 by SB 442 (Newman, Chapter 670) to require at least two pool safety features for pools when single-family homes with pools were transferred. The primary rationale for that change was that a single safety feature may malfunction or become disabled. This made sense when considering at least two of the allowable safety features are designed to be disabled: pool entry alarms can be put into “sleep” mode when the pool is in use, and removable fencing is, as the name suggests, removable. Similarly, door alarms may run out of batteries, and latches may break. The requirement for a second safety feature was intended to provide backup to busy families that forget to replace an alarm or a removable fence, or who cannot immediately fix a malfunctioning latch or alarm.
- Do more safety features mean fewer drownings? Currently, the state does not comprehensively track the number and type of drowning prevention features that were installed on a pool where a drowning or near-drowning event occurred. In the absence of this data, it is impossible to know whether the single barrier previously required or the dual barrier now required under existing law is providing adequate protection.
SB 442 sought to place the burden of pool safety on pool owners by requiring them to control access to their pools. This may be a more direct and cost-efficient response to residential pool drownings than imposing extensive data collection requirements on state and local governments in order to inform future policy interventions. Ultimately, however, better protecting children’s health and safety will require more and better information about drowning accidents as well as additional safety requirements for residential pools. Recent legislation — SB 855 (Newman, Chapter 817, Statutes of 2022) — requires CDPH to create a pilot program with the goal of collecting detailed data on childhood fatal and nonfatal drownings in California, with a specific focus on children between one and four years old. By January 1, 2027, CDPH, in consultation with specific entities, is required to submit a report to the legislature including recommendations on the structure and operation of an ongoing data collection system, and effective, evidence-based state and local drowning prevention policies and practices.
- Pool Safety Features: Home inspections. Current law requires home inspectors to document through a “noninvasive physical examination” if any of the seven drowning prevention safety features are equipped on a residential pool or spa. According to the sponsors, this language has unintentionally been interpreted as requiring home inspectors to verify and test whether the safety features were manufactured and installed according to ASTM standards. According to the sponsors, verification of whether products meet ASTM standards cannot be achieved through noninvasive means. This bill proposes to solve this issue by providing that home inspectors are not required to carry out rigorous product testing, but rather check if safety features are working as intended.
- Specifying automatic pool covers. This bill would also require all pool covers to meet specified standards for automatic pool covers, and disallow manual pool covers to meet one of the required drowning prevention standards. According to the sponsors, children can sneak or slip under the edges of manual pool covers and get trapped, and that more “modern” automatic covers on a tracked system can prevent that from occurring. The committee was not able to track down specific data about why this change would be more effective at preventing drowning, but notes that manual pool covers can cost less than automatic pool covers ($500 - $5,000 versus $10,000 - $20,000). Additionally, according to a U.S. Consumer Product Safety Commission report Safety Barrier Guidelines for Residential Pools: Preventing Child Drownings, pool covers are identified as one of the safety features available for a pool. It states that if a homeowner installs a power safety cover, it should comply with the standard in this bill, but does not state that a manual cover is insufficient or less safe.
Rather than placing specific safety standards in statute, the author moving forward may wish to require the California Building Standards Commission or other state agency to evaluate which standards provide the greatest prevention measures, or alternatively, require the pool safety pilot program at CDPH to specifically evaluate the efficacy of manual and automatic pool covers.
- Ensuring two fail-safe protections. As noted above in Comment 3, SB 442 (Newman, 2017) was intended to increase the number of drowning prevention safety features from one to two in case a single safety feature malfunctioned or become disabled. That bill, however, did not specify that those safety features could not be installed in the same space, such that the failure of one device could result in the failure of both.
The sponsors note, for example, that a door could be equipped with both an exit alarm and a self-closing, self-latching device. Under current law, these two safety protections meet the legal requirements. If the door is accidentally stuck ajar, not only has the self-closing, self-latching device failed, but so has the exit alarm. In this scenario, there are no protections from a child unintentionally entering the backyard and falling into the pool. Another loophole is to install two door safety devices on two different doors. While meeting the requirements under current law, this only provides one layer of protection, not the two-step protections the Legislature intended when passing SB 442.
This bill attempts to prohibit scenarios in which the two safety features do not create the redundancy protection intended by SB 442.
Due to timing, the committee was not able to independently verify that that this policy change would in fact reduce drownings or increase pool safety. As with comment 6, rather than placing specific safety standards in statute, the author moving forward may wish to require the California Building Standards Commission or other state agency to evaluate which standards provide the greatest prevention measures, or alternatively, require the pool safety pilot program at CDPH to specifically evaluate the efficacy of manual and automatic pool covers.
- Providing greater clarity. According to the author, several technical changes to the law are intended to update references to international building standards, as well as identify specific model codes that should be followed when implementing pool safety standards. The committee has not been able to independently verify that these references are correct due to timing and lateness of the gut-and-amend. Moving forward, the author may wish to consider verifying these are the correct references with local building officials and the California Building Standards Commission.
- Opposition. The California Building Officials (CALBO) are opposed to the bill, unless it is amended to direct the appropriate state agencies to evaluate specified changes to pool covers and drowning prevention techniques for residential pools. CALBO notes that if there are methods that ensure better pool safety, those changes should be evaluated through the existing regulatory process. Unfortunately, the changes in this bill circumvent that process, and could inadvertently impact pool safety without a formal evaluation by experts in the field.
- Gutted. This bill was gut-and-amended into a bill dealing with single use waste products and went into print on January 3, 2024.
- Double-referred. This bill was heard in the Senate Business, Professions and Economic Development Committee on January 8, 2024.
Related Legislation:
SB 855 (Newman, Chapter 670, Statues of 2022) — established a data collection pilot program, until January 1, 2029, to be administered by the California Department of Public Health (CDPH) for the purposes of tracking and collecting specified data on fatal and nonfatal childhood drownings; and required CDPH to use the collected data to develop a water safety action plan and standardized electronic forms for data collection, as specified.
SB 736 (Newman, 2021) — would have required, for a home inspection of real property with a swimming pool or spa, in connection with a prelisting inspection or transfer, that a home inspector be certified by a professional association or entity as having completed a continuing education training module on drowning prevention, and made other changes to the Pool Safety Act. This bill was held in Senate Housing Committee at the request of the author.
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.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
January 3, 2024.)
SUPPORT:
California Real Estate Inspection Association (Sponsor)
OPPOSITION:
California Building Officials
-- END --
Discussed in Hearing
4MIN
Senate Floor
2MIN
Assembly Floor
8MIN
Assembly Standing Committee on Business and Professions
3MIN
Senate Floor
32MIN
Senate Standing Committee on Housing
9MIN
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
Bill Co-Author(s):
