116025. "Public swimming pool," as used in this article, means any
public swimming pool, bathhouse, public swimming and bathing place
and all related appurtenances.
116028. "Lifeguard service," as used in this article, means the
attendance at a public swimming pool, during periods of use, of one
or more lifeguards who possess, as minimum qualifications, current
certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, or have equivalent qualifications, as
determined by the department, and who are trained to administer first
aid, including, but not limited to, cardiopulmonary resuscitation in
conformance with Section 123725 and the regulations adopted
thereunder, and who have no duties to perform other than to supervise
the safety of participants in water-contact activities. "Lifeguard
services" includes the supervision of the safety of participants in
water-contact activities by lifeguards who are providing swimming
lessons, coaching or overseeing water-contact sports, or providing
water safety instructions to participants when no other persons are
using the facilities unless those persons are supervised by separate
lifeguard services.
116030. (a) The construction standards as set forth in this article
and the regulations adopted pursuant thereto, shall not apply to any
artificially constructed swimming facility in excess of 20,000
square feet of surface area, including, but not limited to, a manmade
lake or swimming lagoon with sand beaches.
(b) The requirements of this article and regulations adopted
pursuant thereto, pertaining to the operation, maintenance, and use
of a public swimming pool, including the quality and purity of the
water, lifesaving and other measures to ensure the safety of bathers,
and measures to ensure personal cleanliness of bathers shall apply
to the swimming facilities described in subdivision (a).
116033. Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess current certificates from an American Red
Cross or YMCA of the U.S.A. lifeguard training program, or have
equivalent qualifications, as determined by the department. In
addition, these persons shall be certified in standard first aid and
cardiopulmonary resuscitation (CPR). All these persons shall meet
these qualifications by January 1, 1991. Persons who only disseminate
written materials relating to water safety are not persons providing
aquatic instruction within the meaning of this section.
The requirements of this section shall be waived under either of
the following circumstances: (a) when one or more aquatic instructors
possessing the current certificates from an American Red Cross or
YMCA of the U.S.A. lifeguard training program, or the equivalent, are
in attendance continuously during periods of aquatic instruction, or
(b) when one or more lifeguards meeting the requirements of Section
116028 are in attendance continuously during periods of aquatic
instruction.
116035. The department has supervision of sanitation,
healthfulness, and safety of public swimming pools.
116038. Every person proposing to construct a public swimming pool
shall file a copy of the plans therefor, prior to construction, with
the local health officer having jurisdiction for approval.
116040. Every person operating or maintaining a public swimming
pool must do so in a sanitary, healthful and safe manner.
116043. Every public swimming pool, including swimming pool
structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water
purification, lifesaving apparatus, measures to insure safety of
bathers, and measures to insure personal cleanliness of bathers shall
be such that the public swimming pool is at all times sanitary,
healthful and safe.
116045. (a) Lifeguard service shall be provided for any public
swimming pool that is of wholly artificial construction and for the
use of which a direct fee is charged. For all other public swimming
pools, lifeguard service shall be provided or signs shall be erected
clearly indicating that the service is not provided.
(b) "Direct fee," as used in this section, means a separately
stated fee or charge for the use of a public swimming pool to the
exclusion of any other service, facility, or amenity.
116048. (a) On or after January 1, 1987, for public swimming pools
in any common interest development, as defined in Section 1351 of the
Civil Code, that consists of fewer than 25 separate interests, as
defined in subdivision ( l) of Section 1351 of the Civil Code, the
person operating each such pool open for use shall be required to
keep a record of the information required by subdivision (a) of
Section 65523 of Title 22 of the California Administrative Code,
except that the information shall be recorded at least two times per
week and at intervals no greater than four days apart.
(b) On or after January 1, 1987, any rule or regulation of the
department that is in conflict with subdivision (a) is invalid.
116049. (a) "Public swimming pool," as used in this section, means
any public swimming pool defined in Section 116025 that is owned or
operated by the state or any local governmental entity, including,
but not limited to, any city, county, city and county, charter city,
charter county, or charter city and county.
(b) All dry-niche light fixtures, and all underwater wet-niche
light fixtures operating at more than 15 volts in public swimming
pools shall be protected by a ground-fault circuit interrupter in the
branch circuit, and all light fixtures in public swimming pools
shall have encapsulated terminals. This subdivision is declaratory of
existing law.
(c) Any public swimming pools that do not meet the requirements
specified in subdivision (b) by January 1, 1995, shall be retrofitted
to comply with these requirements by January 1, 1996.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with Underwriter's Laboratory standards.
(e) Any state or local governmental entity that owns or operates a
public swimming pool shall have its public swimming pool inspected
by a qualified inspector prior to July 1, 1996, to determine
compliance with this section.
(f) A public swimming pool may charge a fee, or increase its fee
charged, to the public for use of the pool, for the purpose of
recovering the administrative and other costs of retrofitting pools
in compliance with this section. The charge or increase due to this
section shall terminate when funds sufficient to cover these costs
are collected.
(g) All electrical work required for compliance with this section
shall be performed by an electrician licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code.
116049.1. (a) "Public swimming pool," as used in this section,
means any 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, including any swimming pool located on the grounds of
a hotel, motel, inn, an apartment complex, or any residential setting
other than a single-family home. For purposes of this section,
public swimming pool shall not include a swimming pool located on the
grounds of a private single-family home.
(b) The design and installation of all underwater lighting
systems, operating at more than 15 volts, supplied from a branch
circuit either directly or by way of a transformer, shall be
installed in a public swimming pool, as defined in this section, so
that there is no shock hazard with any likely combination of fault
conditions during normal use, and shall comply with both of the
following requirements:
(1) An approved ground-fault circuit interrupter shall be
installed in the branch circuit that supplies all fixtures operating
at more than 15 volts.
(2) Only approved underwater lighting fixtures shall be used and
no lighting fixtures shall be installed for operations at more than
150 volts between conductors.
(c) Any public swimming pool that does not meet the requirements
specified in subdivision (b), shall be retrofitted to comply with
these requirements by May 1, 1999.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with standards acceptable to the authority
having jurisdiction.
(e) The owner or operator of a public swimming pool shall, on or
before May 1, 1999, comply with both of the following:
(1) Obtain an inspection of its public swimming pool by the local
health officer or a qualified contractor as set forth in subdivision
(f).
(2) Certify to the local health officer as set forth in Section
116053 that the public swimming pool facility is in compliance with
this section.
(f) All electrical work required for compliance with this section
shall be performed by a person licensed to perform electrical work
within his or her general, specialty, or limited specialty contractor'
s licensed scope of practice pursuant to Section 7059 of the Business
and Professions Code.
(g) This section shall be known and may be cited as the Yasmin
Paleso'o Memorial Swimming Pool Safety Law.
116050. Except as provided in Section 18930, the department shall
make and enforce regulations pertaining to public swimming pools as
it deems proper and shall enforce building standards published in the
State Building Standards Code relating to public swimming pools;
provided, that no rule or regulation as to design or construction of
pools shall apply to any pool that has been constructed before the
adoption of the regulation, if the pool as constructed is reasonably
safe and the manner of the construction does not preclude compliance
with the requirements of the regulations as to bacteriological and
chemical quality and clarity of the water in the pool. The department
shall adopt and submit building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
for the purposes described in this section.
116053. Every health officer shall enforce the building standards
published in the State Building Standards Code relating to swimming
pools and the other regulations adopted by the department pursuant to
this article in his or her jurisdiction.
116055. For the purposes of this article, any health officer, or
any inspector of the department, may at all reasonable times enter
all parts of the premises of a public swimming pool to make
examination and investigation to determine the sanitary condition and
whether this article, building standards published in the State
Building Standards Code relating to swimming pools, or the other
regulations adopted by the department pursuant to this article are
being violated.
116058. The department may publish the reports of inspections.
116060. Any public swimming pool constructed, operated, or
maintained contrary to the provisions of this article is a public
nuisance, dangerous to health.
116063. Any nuisance maintained in violation of this article may be
abated or enjoined in an action brought by a local health officer,
or the department, or it may be summarily abated in the manner
provided by law for the summary abatement of other public nuisances
dangerous to health.
116064. (a) As used in this section the following words have the
following meanings:
(1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
(i) It has a maximum water depth not exceeding 18 inches.
(ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
(B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
(C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
(2) "Alteration" means any of the following:
(A) To change, modify, or rearrange the structural parts or the
design.
(B) To enlarge.
(C) To move the location of.
(D) To install a new water circulation system.
(E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
(b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
(c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices. All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
(d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
(2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
(3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
(e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
(f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
(g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
(h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
(i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
116064.1. The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and safety
standards for public swimming pools to prevent physical entrapment
and serious injury to children and adults. It is the intent of the
Legislature to occupy the whole field of health and safety standards
for public swimming pools and the requirements established in this
article and the regulations adopted pursuant to this article shall be
exclusive of all local health and safety standards relating to
public swimming pools.
116064.2. (a) As used in this section, the following words have the
following meanings:
(1) "ASME/ANSI performance standard" means a standard that is
accredited by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
(2) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
(3) "Main drain" means a submerged suction outlet typically
located at the bottom of a swimming pool that conducts water to a
recirculating pump.
(4) "Public swimming pool" means an outdoor or indoor structure,
whether in-ground or above-ground, intended for swimming or
recreational bathing, including a swimming pool, hot tub, spa, or
nonportable wading pool, that is any of the following:
(A) Open to the public generally, whether for a fee or free of
charge.
(B) Open exclusively to members of an organization and their
guests, residents of a multiunit apartment building, apartment
complex, residential real estate development, or other multifamily
residential area, or patrons of a hotel or other public
accommodations facility.
(C) Located on the premises of an athletic club, or public or
private school.
(5) "Qualified individual" means a contractor who holds a current
valid license issued by the State of California or a professional
engineer licensed in the State of California who has experience
working on public swimming pools.
(6) "Safety vacuum release system" means a vacuum release system
that ceases operation of the pump, reverses the circulation flow, or
otherwise provides a vacuum release at a suction outlet when a
blockage is detected.
(7) "Skimmer equalizer line" means a suction outlet located below
the waterline and connected to the body of a skimmer that prevents
air from being drawn into the pump if the water level drops below the
skimmer weir. However, a skimmer equalizer line is not a main drain.
(8) "Unblockable drain" means a drain of any size and shape that a
human body cannot sufficiently block to create a suction entrapment
hazard.
(b) Subject to subdivision (c), an ASME/ANSI or ASTM performance
standard relating to antientrapment devices or systems or an
amendment or successor to, or later published edition of an ASME/ANSI
or ASTM performance standard relating to antientrapment devices or
systems shall become the applicable standard in California 90 days
after publication by ASME/ANSI or ASTM, respectively, provided that
the performance standard or amendment or successor to, or later
published edition is approved by the department within 90 days of the
publication of the performance standard by ASME/ANSI or ASTM,
respectively. Notwithstanding any other law, the department may
implement, interpret, or make specific the provisions of this section
by means of a policy letter or similar instruction and this action
by the department shall not be subject to the rulemaking requirements
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(c) Subject to subdivision (f), every public swimming pool shall
be equipped with antientrapment devices or systems that comply with
ASME/ANSI performance standard A112.19.8, as in effect December 31,
2009, or any applicable ASME/ANSI performance standard that has been
adopted by the department pursuant to subdivision (b).
(d) Subject to subdivisions (e) and (f), every public swimming
pool with a single main drain that is not an unblockable drain shall
be equipped with at least one or more of the following devices or
systems that are designed to prevent physical entrapment by pool
drains:
(1) A safety vacuum release system that has been tested by a
department-approved independent third party and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on December
31, 2009, or any applicable ASME/ANSI performance standard that has
been adopted by the department pursuant to subdivision (b), or ASTM
performance standard F2387, as in effect on December 31, 2009, or any
applicable ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(2) A suction-limiting vent system with a tamper-resistant
atmospheric opening, provided that it conforms to any applicable
ASME/ANSI or ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard that has been adopted by the department pursuant
to subdivision (b).
(4) An automatic pump shut-off system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard that has been
adopted by the department pursuant to subdivision (b).
(5) Any other system that is deemed, in accordance with federal
law, to be equally effective as, or more effective than, the systems
described in paragraphs (1) to (4), inclusive, at preventing or
eliminating the risk of injury or death associated with pool drainage
systems.
(e) Every public swimming pool constructed on or after January 1,
2010, shall have at least two main drains per pump that are
hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and that are separated by a distance of at least three
feet in any dimension between the drains. A public swimming pool
constructed on or after January 1, 2010, that meets the requirements
of this subdivision, shall be exempt from the requirements of
subdivision (d).
(f) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than July 1, 2010, except that no further retrofitting is
required for a public swimming pool that completed a retrofit between
December 19, 2007, and January 1, 2010, that complied with the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et
seq.) as in effect on the date of issue of the construction permit,
or for a nonportable wading pool that completed a retrofit prior to
January 1, 2010, that complied with state law on the date of issue of
the construction permit. A public swimming pool owner who meets the
exception described in this subdivision shall do one of the following
prior to September 30, 2010:
(1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (i).
(2) (A) File a signed statement attesting that the required work
has been completed.
(B) Provide a document containing the name and license number of
the qualified individual who completed the required work.
(C) Provide either a copy of the final building permit, if
required by the local agency, or a copy of one of the following
documents if no permit was required:
(i) A document that describes the modification in a manner that
provides sufficient information to document the work that was done to
comply with federal law.
(ii) A copy of the final paid invoice. The amount paid for the
services may be omitted or redacted from the final invoice prior to
submission.
(g) Prior to March 31, 2010, the department shall issue a form for
use by an owner of a public swimming pool to indicate compliance
with this section. The department shall consult with county health
officers and directors of departments of environmental health in
developing the form and shall post the form on the department's
Internet Web site. The form shall be completed by the owner of a
public swimming pool prior to filing the form with the appropriate
city, county, or city and county department of environmental health.
The form shall include, but not be limited to, the following
information:
(1) A statement of whether the pool operates with a single or
split main drain.
(2) Identification of the type of antientrapment devices or
systems that have been installed pursuant to subdivision (c) and the
date or dates of installation.
(3) Identification of the type of devices or systems designed to
prevent physical entrapment that have been installed pursuant to
subdivision (d) in a public swimming pool with a single main drain
that is not an unblockable drain and the date or dates of
installation or the reason why the requirement is not applicable.
(4) A signature and license number of a qualified individual who
certifies that the factual information provided on the form in
response to paragraphs (1) to (3), inclusive, is true to the best of
his or her knowledge.
(h) A qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (g) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
(i) Except as provided in subdivision (f), each public swimming
pool owner shall file a completed copy of the form issued by the
department pursuant to this section with the city, county, or city
and county department of environmental health in the city, county, or
city and county in which the swimming pool is located. The form
shall be filed within 30 days following the completion of the
swimming pool construction or installation required pursuant to this
section or, if the construction or installation is completed prior to
the date that the department issues the form pursuant to this
section, within 30 days of the date that the department issues the
form. The public swimming pool owner or operator shall not make a
false statement, representation, certification, record, report, or
otherwise falsify information that he or she is required to file or
maintain pursuant to this section.
(j) In enforcing this section, health officers and directors of
city, county, or city and county departments of environmental health
shall consider documentation filed on or with the form issued
pursuant to this section by the owner of a public swimming pool as
evidence of compliance with this section. A city, county, or city and
county department of environmental health may verify the accuracy of
the information filed on or with the form.
(k) To the extent that the requirements for public wading pools
imposed by Section 116064 conflict with this section, the
requirements of this section shall prevail.
(l) (1) Until January 1, 2014, the department may assess an annual
fee on the owners of each public swimming pool, to be collected by
the applicable local health department, in an amount not to exceed
the amount necessary to defray the department's costs of carrying out
its duties under Section 116064.1 and this section but in no case
shall this fee exceed six dollars ($6).
(2) The local health department may retain a portion of the fee
collected pursuant to paragraph (1) in an amount necessary to cover
the administrative costs of collecting the fee, but in no case to
exceed one dollar ($1).
(3) The local health department shall bill the owner of each
public swimming pool in its jurisdiction for the amount of the state
fee. The local health department shall transmit the collected state
fee to the Controller for deposit into the Recreational Health Fund,
which is hereby created in the State Treasury. The local health
department shall not be required to take action to collect an unpaid
state fee, but shall submit to the department, every six months, a
list containing the name and address of the owner of each public
swimming pool who has failed to pay the state fee for more than 90
days after the date that the bill was provided to the owner of the
public swimming pool.
(4) Owners that are exempt from local swimming pool permit fees
shall also be exempt from the fees imposed pursuant to this
subdivision.
(5) Except as provided in paragraph (2), all moneys collected by
the department pursuant to this section shall be deposited into the
Recreational Health Fund. Notwithstanding Section 16305.7 of the
Government Code, interest and dividends on moneys in the Recreational
Health Fund shall also be deposited in the fund. Moneys in the fund
shall, upon appropriation by the Legislature, be available to the
department for carrying out its duties under Section 116064.1 and
this section and shall not be redirected for any other purpose.
116065. Every person who violates any provision of this article,
building standards published in the State Building Standards Code
relating to swimming pools, or the rules and regulations adopted
pursuant to the provisions of this article, is guilty of a
misdemeanor, punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
for not more than six months, or both.
116068. Each day that a violation of this article continues is a
separate offense.
116025. "Public swimming pool," as used in this article, means any
public swimming pool, bathhouse, public swimming and bathing place
and all related appurtenances.
116028. "Lifeguard service," as used in this article, means the
attendance at a public swimming pool, during periods of use, of one
or more lifeguards who possess, as minimum qualifications, current
certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, or have equivalent qualifications, as
determined by the department, and who are trained to administer first
aid, including, but not limited to, cardiopulmonary resuscitation in
conformance with Section 123725 and the regulations adopted
thereunder, and who have no duties to perform other than to supervise
the safety of participants in water-contact activities. "Lifeguard
services" includes the supervision of the safety of participants in
water-contact activities by lifeguards who are providing swimming
lessons, coaching or overseeing water-contact sports, or providing
water safety instructions to participants when no other persons are
using the facilities unless those persons are supervised by separate
lifeguard services.
116030. (a) The construction standards as set forth in this article
and the regulations adopted pursuant thereto, shall not apply to any
artificially constructed swimming facility in excess of 20,000
square feet of surface area, including, but not limited to, a manmade
lake or swimming lagoon with sand beaches.
(b) The requirements of this article and regulations adopted
pursuant thereto, pertaining to the operation, maintenance, and use
of a public swimming pool, including the quality and purity of the
water, lifesaving and other measures to ensure the safety of bathers,
and measures to ensure personal cleanliness of bathers shall apply
to the swimming facilities described in subdivision (a).
116033. Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess current certificates from an American Red
Cross or YMCA of the U.S.A. lifeguard training program, or have
equivalent qualifications, as determined by the department. In
addition, these persons shall be certified in standard first aid and
cardiopulmonary resuscitation (CPR). All these persons shall meet
these qualifications by January 1, 1991. Persons who only disseminate
written materials relating to water safety are not persons providing
aquatic instruction within the meaning of this section.
The requirements of this section shall be waived under either of
the following circumstances: (a) when one or more aquatic instructors
possessing the current certificates from an American Red Cross or
YMCA of the U.S.A. lifeguard training program, or the equivalent, are
in attendance continuously during periods of aquatic instruction, or
(b) when one or more lifeguards meeting the requirements of Section
116028 are in attendance continuously during periods of aquatic
instruction.
116035. The department has supervision of sanitation,
healthfulness, and safety of public swimming pools.
116038. Every person proposing to construct a public swimming pool
shall file a copy of the plans therefor, prior to construction, with
the local health officer having jurisdiction for approval.
116040. Every person operating or maintaining a public swimming
pool must do so in a sanitary, healthful and safe manner.
116043. Every public swimming pool, including swimming pool
structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water
purification, lifesaving apparatus, measures to insure safety of
bathers, and measures to insure personal cleanliness of bathers shall
be such that the public swimming pool is at all times sanitary,
healthful and safe.
116045. (a) Lifeguard service shall be provided for any public
swimming pool that is of wholly artificial construction and for the
use of which a direct fee is charged. For all other public swimming
pools, lifeguard service shall be provided or signs shall be erected
clearly indicating that the service is not provided.
(b) "Direct fee," as used in this section, means a separately
stated fee or charge for the use of a public swimming pool to the
exclusion of any other service, facility, or amenity.
116048. (a) On or after January 1, 1987, for public swimming pools
in any common interest development, as defined in Section 1351 of the
Civil Code, that consists of fewer than 25 separate interests, as
defined in subdivision ( l) of Section 1351 of the Civil Code, the
person operating each such pool open for use shall be required to
keep a record of the information required by subdivision (a) of
Section 65523 of Title 22 of the California Administrative Code,
except that the information shall be recorded at least two times per
week and at intervals no greater than four days apart.
(b) On or after January 1, 1987, any rule or regulation of the
department that is in conflict with subdivision (a) is invalid.
116049. (a) "Public swimming pool," as used in this section, means
any public swimming pool defined in Section 116025 that is owned or
operated by the state or any local governmental entity, including,
but not limited to, any city, county, city and county, charter city,
charter county, or charter city and county.
(b) All dry-niche light fixtures, and all underwater wet-niche
light fixtures operating at more than 15 volts in public swimming
pools shall be protected by a ground-fault circuit interrupter in the
branch circuit, and all light fixtures in public swimming pools
shall have encapsulated terminals. This subdivision is declaratory of
existing law.
(c) Any public swimming pools that do not meet the requirements
specified in subdivision (b) by January 1, 1995, shall be retrofitted
to comply with these requirements by January 1, 1996.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with Underwriter's Laboratory standards.
(e) Any state or local governmental entity that owns or operates a
public swimming pool shall have its public swimming pool inspected
by a qualified inspector prior to July 1, 1996, to determine
compliance with this section.
(f) A public swimming pool may charge a fee, or increase its fee
charged, to the public for use of the pool, for the purpose of
recovering the administrative and other costs of retrofitting pools
in compliance with this section. The charge or increase due to this
section shall terminate when funds sufficient to cover these costs
are collected.
(g) All electrical work required for compliance with this section
shall be performed by an electrician licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code.
116049.1. (a) "Public swimming pool," as used in this section,
means any 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, including any swimming pool located on the grounds of
a hotel, motel, inn, an apartment complex, or any residential setting
other than a single-family home. For purposes of this section,
public swimming pool shall not include a swimming pool located on the
grounds of a private single-family home.
(b) The design and installation of all underwater lighting
systems, operating at more than 15 volts, supplied from a branch
circuit either directly or by way of a transformer, shall be
installed in a public swimming pool, as defined in this section, so
that there is no shock hazard with any likely combination of fault
conditions during normal use, and shall comply with both of the
following requirements:
(1) An approved ground-fault circuit interrupter shall be
installed in the branch circuit that supplies all fixtures operating
at more than 15 volts.
(2) Only approved underwater lighting fixtures shall be used and
no lighting fixtures shall be installed for operations at more than
150 volts between conductors.
(c) Any public swimming pool that does not meet the requirements
specified in subdivision (b), shall be retrofitted to comply with
these requirements by May 1, 1999.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with standards acceptable to the authority
having jurisdiction.
(e) The owner or operator of a public swimming pool shall, on or
before May 1, 1999, comply with both of the following:
(1) Obtain an inspection of its public swimming pool by the local
health officer or a qualified contractor as set forth in subdivision
(f).
(2) Certify to the local health officer as set forth in Section
116053 that the public swimming pool facility is in compliance with
this section.
(f) All electrical work required for compliance with this section
shall be performed by a person licensed to perform electrical work
within his or her general, specialty, or limited specialty contractor'
s licensed scope of practice pursuant to Section 7059 of the Business
and Professions Code.
(g) This section shall be known and may be cited as the Yasmin
Paleso'o Memorial Swimming Pool Safety Law.
116050. Except as provided in Section 18930, the department shall
make and enforce regulations pertaining to public swimming pools as
it deems proper and shall enforce building standards published in the
State Building Standards Code relating to public swimming pools;
provided, that no rule or regulation as to design or construction of
pools shall apply to any pool that has been constructed before the
adoption of the regulation, if the pool as constructed is reasonably
safe and the manner of the construction does not preclude compliance
with the requirements of the regulations as to bacteriological and
chemical quality and clarity of the water in the pool. The department
shall adopt and submit building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
for the purposes described in this section.
116053. Every health officer shall enforce the building standards
published in the State Building Standards Code relating to swimming
pools and the other regulations adopted by the department pursuant to
this article in his or her jurisdiction.
116055. For the purposes of this article, any health officer, or
any inspector of the department, may at all reasonable times enter
all parts of the premises of a public swimming pool to make
examination and investigation to determine the sanitary condition and
whether this article, building standards published in the State
Building Standards Code relating to swimming pools, or the other
regulations adopted by the department pursuant to this article are
being violated.
116058. The department may publish the reports of inspections.
116060. Any public swimming pool constructed, operated, or
maintained contrary to the provisions of this article is a public
nuisance, dangerous to health.
116063. Any nuisance maintained in violation of this article may be
abated or enjoined in an action brought by a local health officer,
or the department, or it may be summarily abated in the manner
provided by law for the summary abatement of other public nuisances
dangerous to health.
116064. (a) As used in this section the following words have the
following meanings:
(1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
(i) It has a maximum water depth not exceeding 18 inches.
(ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
(B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
(C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
(2) "Alteration" means any of the following:
(A) To change, modify, or rearrange the structural parts or the
design.
(B) To enlarge.
(C) To move the location of.
(D) To install a new water circulation system.
(E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
(b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
(c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices. All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
(d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
(2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
(3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
(e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
(f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
(g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
(h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
(i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
116064.1. The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and safety
standards for public swimming pools to prevent physical entrapment
and serious injury to children and adults. It is the intent of the
Legislature to occupy the whole field of health and safety standards
for public swimming pools and the requirements established in this
article and the regulations adopted pursuant to this article shall be
exclusive of all local health and safety standards relating to
public swimming pools.
116064.2. (a) As used in this section, the following words have the
following meanings:
(1) "ASME/ANSI performance standard" means a standard that is
accredited by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
(2) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
(3) "Main drain" means a submerged suction outlet typically
located at the bottom of a swimming pool that conducts water to a
recirculating pump.
(4) "Public swimming pool" means an outdoor or indoor structure,
whether in-ground or above-ground, intended for swimming or
recreational bathing, including a swimming pool, hot tub, spa, or
nonportable wading pool, that is any of the following:
(A) Open to the public generally, whether for a fee or free of
charge.
(B) Open exclusively to members of an organization and their
guests, residents of a multiunit apartment building, apartment
complex, residential real estate development, or other multifamily
residential area, or patrons of a hotel or other public
accommodations facility.
(C) Located on the premises of an athletic club, or public or
private school.
(5) "Qualified individual" means a contractor who holds a current
valid license issued by the State of California or a professional
engineer licensed in the State of California who has experience
working on public swimming pools.
(6) "Safety vacuum release system" means a vacuum release system
that ceases operation of the pump, reverses the circulation flow, or
otherwise provides a vacuum release at a suction outlet when a
blockage is detected.
(7) "Skimmer equalizer line" means a suction outlet located below
the waterline and connected to the body of a skimmer that prevents
air from being drawn into the pump if the water level drops below the
skimmer weir. However, a skimmer equalizer line is not a main drain.
(8) "Unblockable drain" means a drain of any size and shape that a
human body cannot sufficiently block to create a suction entrapment
hazard.
(b) Subject to subdivision (c), an ASME/ANSI or ASTM performance
standard relating to antientrapment devices or systems or an
amendment or successor to, or later published edition of an ASME/ANSI
or ASTM performance standard relating to antientrapment devices or
systems shall become the applicable standard in California 90 days
after publication by ASME/ANSI or ASTM, respectively, provided that
the performance standard or amendment or successor to, or later
published edition is approved by the department within 90 days of the
publication of the performance standard by ASME/ANSI or ASTM,
respectively. Notwithstanding any other law, the department may
implement, interpret, or make specific the provisions of this section
by means of a policy letter or similar instruction and this action
by the department shall not be subject to the rulemaking requirements
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(c) Subject to subdivision (f), every public swimming pool shall
be equipped with antientrapment devices or systems that comply with
ASME/ANSI performance standard A112.19.8, as in effect December 31,
2009, or any applicable ASME/ANSI performance standard that has been
adopted by the department pursuant to subdivision (b).
(d) Subject to subdivisions (e) and (f), every public swimming
pool with a single main drain that is not an unblockable drain shall
be equipped with at least one or more of the following devices or
systems that are designed to prevent physical entrapment by pool
drains:
(1) A safety vacuum release system that has been tested by a
department-approved independent third party and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on December
31, 2009, or any applicable ASME/ANSI performance standard that has
been adopted by the department pursuant to subdivision (b), or ASTM
performance standard F2387, as in effect on December 31, 2009, or any
applicable ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(2) A suction-limiting vent system with a tamper-resistant
atmospheric opening, provided that it conforms to any applicable
ASME/ANSI or ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard that has been adopted by the department pursuant
to subdivision (b).
(4) An automatic pump shut-off system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard that has been
adopted by the department pursuant to subdivision (b).
(5) Any other system that is deemed, in accordance with federal
law, to be equally effective as, or more effective than, the systems
described in paragraphs (1) to (4), inclusive, at preventing or
eliminating the risk of injury or death associated with pool drainage
systems.
(e) Every public swimming pool constructed on or after January 1,
2010, shall have at least two main drains per pump that are
hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and that are separated by a distance of at least three
feet in any dimension between the drains. A public swimming pool
constructed on or after January 1, 2010, that meets the requirements
of this subdivision, shall be exempt from the requirements of
subdivision (d).
(f) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than July 1, 2010, except that no further retrofitting is
required for a public swimming pool that completed a retrofit between
December 19, 2007, and January 1, 2010, that complied with the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et
seq.) as in effect on the date of issue of the construction permit,
or for a nonportable wading pool that completed a retrofit prior to
January 1, 2010, that complied with state law on the date of issue of
the construction permit. A public swimming pool owner who meets the
exception described in this subdivision shall do one of the following
prior to September 30, 2010:
(1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (i).
(2) (A) File a signed statement attesting that the required work
has been completed.
(B) Provide a document containing the name and license number of
the qualified individual who completed the required work.
(C) Provide either a copy of the final building permit, if
required by the local agency, or a copy of one of the following
documents if no permit was required:
(i) A document that describes the modification in a manner that
provides sufficient information to document the work that was done to
comply with federal law.
(ii) A copy of the final paid invoice. The amount paid for the
services may be omitted or redacted from the final invoice prior to
submission.
(g) Prior to March 31, 2010, the department shall issue a form for
use by an owner of a public swimming pool to indicate compliance
with this section. The department shall consult with county health
officers and directors of departments of environmental health in
developing the form and shall post the form on the department's
Internet Web site. The form shall be completed by the owner of a
public swimming pool prior to filing the form with the appropriate
city, county, or city and county department of environmental health.
The form shall include, but not be limited to, the following
information:
(1) A statement of whether the pool operates with a single or
split main drain.
(2) Identification of the type of antientrapment devices or
systems that have been installed pursuant to subdivision (c) and the
date or dates of installation.
(3) Identification of the type of devices or systems designed to
prevent physical entrapment that have been installed pursuant to
subdivision (d) in a public swimming pool with a single main drain
that is not an unblockable drain and the date or dates of
installation or the reason why the requirement is not applicable.
(4) A signature and license number of a qualified individual who
certifies that the factual information provided on the form in
response to paragraphs (1) to (3), inclusive, is true to the best of
his or her knowledge.
(h) A qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (g) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
(i) Except as provided in subdivision (f), each public swimming
pool owner shall file a completed copy of the form issued by the
department pursuant to this section with the city, county, or city
and county department of environmental health in the city, county, or
city and county in which the swimming pool is located. The form
shall be filed within 30 days following the completion of the
swimming pool construction or installation required pursuant to this
section or, if the construction or installation is completed prior to
the date that the department issues the form pursuant to this
section, within 30 days of the date that the department issues the
form. The public swimming pool owner or operator shall not make a
false statement, representation, certification, record, report, or
otherwise falsify information that he or she is required to file or
maintain pursuant to this section.
(j) In enforcing this section, health officers and directors of
city, county, or city and county departments of environmental health
shall consider documentation filed on or with the form issued
pursuant to this section by the owner of a public swimming pool as
evidence of compliance with this section. A city, county, or city and
county department of environmental health may verify the accuracy of
the information filed on or with the form.
(k) To the extent that the requirements for public wading pools
imposed by Section 116064 conflict with this section, the
requirements of this section shall prevail.
(l) (1) Until January 1, 2014, the department may assess an annual
fee on the owners of each public swimming pool, to be collected by
the applicable local health department, in an amount not to exceed
the amount necessary to defray the department's costs of carrying out
its duties under Section 116064.1 and this section but in no case
shall this fee exceed six dollars ($6).
(2) The local health department may retain a portion of the fee
collected pursuant to paragraph (1) in an amount necessary to cover
the administrative costs of collecting the fee, but in no case to
exceed one dollar ($1).
(3) The local health department shall bill the owner of each
public swimming pool in its jurisdiction for the amount of the state
fee. The local health department shall transmit the collected state
fee to the Controller for deposit into the Recreational Health Fund,
which is hereby created in the State Treasury. The local health
department shall not be required to take action to collect an unpaid
state fee, but shall submit to the department, every six months, a
list containing the name and address of the owner of each public
swimming pool who has failed to pay the state fee for more than 90
days after the date that the bill was provided to the owner of the
public swimming pool.
(4) Owners that are exempt from local swimming pool permit fees
shall also be exempt from the fees imposed pursuant to this
subdivision.
(5) Except as provided in paragraph (2), all moneys collected by
the department pursuant to this section shall be deposited into the
Recreational Health Fund. Notwithstanding Section 16305.7 of the
Government Code, interest and dividends on moneys in the Recreational
Health Fund shall also be deposited in the fund. Moneys in the fund
shall, upon appropriation by the Legislature, be available to the
department for carrying out its duties under Section 116064.1 and
this section and shall not be redirected for any other purpose.
116065. Every person who violates any provision of this article,
building standards published in the State Building Standards Code
relating to swimming pools, or the rules and regulations adopted
pursuant to the provisions of this article, is guilty of a
misdemeanor, punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
for not more than six months, or both.
116068. Each day that a violation of this article continues is a
separate offense.
116025. "Public swimming pool," as used in this article, means any
public swimming pool, bathhouse, public swimming and bathing place
and all related appurtenances.
116028. "Lifeguard service," as used in this article, means the
attendance at a public swimming pool, during periods of use, of one
or more lifeguards who possess, as minimum qualifications, current
certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, or have equivalent qualifications, as
determined by the department, and who are trained to administer first
aid, including, but not limited to, cardiopulmonary resuscitation in
conformance with Section 123725 and the regulations adopted
thereunder, and who have no duties to perform other than to supervise
the safety of participants in water-contact activities. "Lifeguard
services" includes the supervision of the safety of participants in
water-contact activities by lifeguards who are providing swimming
lessons, coaching or overseeing water-contact sports, or providing
water safety instructions to participants when no other persons are
using the facilities unless those persons are supervised by separate
lifeguard services.
116030. (a) The construction standards as set forth in this article
and the regulations adopted pursuant thereto, shall not apply to any
artificially constructed swimming facility in excess of 20,000
square feet of surface area, including, but not limited to, a manmade
lake or swimming lagoon with sand beaches.
(b) The requirements of this article and regulations adopted
pursuant thereto, pertaining to the operation, maintenance, and use
of a public swimming pool, including the quality and purity of the
water, lifesaving and other measures to ensure the safety of bathers,
and measures to ensure personal cleanliness of bathers shall apply
to the swimming facilities described in subdivision (a).
116033. Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess current certificates from an American Red
Cross or YMCA of the U.S.A. lifeguard training program, or have
equivalent qualifications, as determined by the department. In
addition, these persons shall be certified in standard first aid and
cardiopulmonary resuscitation (CPR). All these persons shall meet
these qualifications by January 1, 1991. Persons who only disseminate
written materials relating to water safety are not persons providing
aquatic instruction within the meaning of this section.
The requirements of this section shall be waived under either of
the following circumstances: (a) when one or more aquatic instructors
possessing the current certificates from an American Red Cross or
YMCA of the U.S.A. lifeguard training program, or the equivalent, are
in attendance continuously during periods of aquatic instruction, or
(b) when one or more lifeguards meeting the requirements of Section
116028 are in attendance continuously during periods of aquatic
instruction.
116035. The department has supervision of sanitation,
healthfulness, and safety of public swimming pools.
116038. Every person proposing to construct a public swimming pool
shall file a copy of the plans therefor, prior to construction, with
the local health officer having jurisdiction for approval.
116040. Every person operating or maintaining a public swimming
pool must do so in a sanitary, healthful and safe manner.
116043. Every public swimming pool, including swimming pool
structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water
purification, lifesaving apparatus, measures to insure safety of
bathers, and measures to insure personal cleanliness of bathers shall
be such that the public swimming pool is at all times sanitary,
healthful and safe.
116045. (a) Lifeguard service shall be provided for any public
swimming pool that is of wholly artificial construction and for the
use of which a direct fee is charged. For all other public swimming
pools, lifeguard service shall be provided or signs shall be erected
clearly indicating that the service is not provided.
(b) "Direct fee," as used in this section, means a separately
stated fee or charge for the use of a public swimming pool to the
exclusion of any other service, facility, or amenity.
116048. (a) On or after January 1, 1987, for public swimming pools
in any common interest development, as defined in Section 1351 of the
Civil Code, that consists of fewer than 25 separate interests, as
defined in subdivision ( l) of Section 1351 of the Civil Code, the
person operating each such pool open for use shall be required to
keep a record of the information required by subdivision (a) of
Section 65523 of Title 22 of the California Administrative Code,
except that the information shall be recorded at least two times per
week and at intervals no greater than four days apart.
(b) On or after January 1, 1987, any rule or regulation of the
department that is in conflict with subdivision (a) is invalid.
116049. (a) "Public swimming pool," as used in this section, means
any public swimming pool defined in Section 116025 that is owned or
operated by the state or any local governmental entity, including,
but not limited to, any city, county, city and county, charter city,
charter county, or charter city and county.
(b) All dry-niche light fixtures, and all underwater wet-niche
light fixtures operating at more than 15 volts in public swimming
pools shall be protected by a ground-fault circuit interrupter in the
branch circuit, and all light fixtures in public swimming pools
shall have encapsulated terminals. This subdivision is declaratory of
existing law.
(c) Any public swimming pools that do not meet the requirements
specified in subdivision (b) by January 1, 1995, shall be retrofitted
to comply with these requirements by January 1, 1996.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with Underwriter's Laboratory standards.
(e) Any state or local governmental entity that owns or operates a
public swimming pool shall have its public swimming pool inspected
by a qualified inspector prior to July 1, 1996, to determine
compliance with this section.
(f) A public swimming pool may charge a fee, or increase its fee
charged, to the public for use of the pool, for the purpose of
recovering the administrative and other costs of retrofitting pools
in compliance with this section. The charge or increase due to this
section shall terminate when funds sufficient to cover these costs
are collected.
(g) All electrical work required for compliance with this section
shall be performed by an electrician licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code.
116049.1. (a) "Public swimming pool," as used in this section,
means any 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, including any swimming pool located on the grounds of
a hotel, motel, inn, an apartment complex, or any residential setting
other than a single-family home. For purposes of this section,
public swimming pool shall not include a swimming pool located on the
grounds of a private single-family home.
(b) The design and installation of all underwater lighting
systems, operating at more than 15 volts, supplied from a branch
circuit either directly or by way of a transformer, shall be
installed in a public swimming pool, as defined in this section, so
that there is no shock hazard with any likely combination of fault
conditions during normal use, and shall comply with both of the
following requirements:
(1) An approved ground-fault circuit interrupter shall be
installed in the branch circuit that supplies all fixtures operating
at more than 15 volts.
(2) Only approved underwater lighting fixtures shall be used and
no lighting fixtures shall be installed for operations at more than
150 volts between conductors.
(c) Any public swimming pool that does not meet the requirements
specified in subdivision (b), shall be retrofitted to comply with
these requirements by May 1, 1999.
(d) The ground-fault circuit interrupter required pursuant to this
section shall comply with standards acceptable to the authority
having jurisdiction.
(e) The owner or operator of a public swimming pool shall, on or
before May 1, 1999, comply with both of the following:
(1) Obtain an inspection of its public swimming pool by the local
health officer or a qualified contractor as set forth in subdivision
(f).
(2) Certify to the local health officer as set forth in Section
116053 that the public swimming pool facility is in compliance with
this section.
(f) All electrical work required for compliance with this section
shall be performed by a person licensed to perform electrical work
within his or her general, specialty, or limited specialty contractor'
s licensed scope of practice pursuant to Section 7059 of the Business
and Professions Code.
(g) This section shall be known and may be cited as the Yasmin
Paleso'o Memorial Swimming Pool Safety Law.
116050. Except as provided in Section 18930, the department shall
make and enforce regulations pertaining to public swimming pools as
it deems proper and shall enforce building standards published in the
State Building Standards Code relating to public swimming pools;
provided, that no rule or regulation as to design or construction of
pools shall apply to any pool that has been constructed before the
adoption of the regulation, if the pool as constructed is reasonably
safe and the manner of the construction does not preclude compliance
with the requirements of the regulations as to bacteriological and
chemical quality and clarity of the water in the pool. The department
shall adopt and submit building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
for the purposes described in this section.
116053. Every health officer shall enforce the building standards
published in the State Building Standards Code relating to swimming
pools and the other regulations adopted by the department pursuant to
this article in his or her jurisdiction.
116055. For the purposes of this article, any health officer, or
any inspector of the department, may at all reasonable times enter
all parts of the premises of a public swimming pool to make
examination and investigation to determine the sanitary condition and
whether this article, building standards published in the State
Building Standards Code relating to swimming pools, or the other
regulations adopted by the department pursuant to this article are
being violated.
116058. The department may publish the reports of inspections.
116060. Any public swimming pool constructed, operated, or
maintained contrary to the provisions of this article is a public
nuisance, dangerous to health.
116063. Any nuisance maintained in violation of this article may be
abated or enjoined in an action brought by a local health officer,
or the department, or it may be summarily abated in the manner
provided by law for the summary abatement of other public nuisances
dangerous to health.
116064. (a) As used in this section the following words have the
following meanings:
(1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
(i) It has a maximum water depth not exceeding 18 inches.
(ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
(B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
(C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
(2) "Alteration" means any of the following:
(A) To change, modify, or rearrange the structural parts or the
design.
(B) To enlarge.
(C) To move the location of.
(D) To install a new water circulation system.
(E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
(b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
(c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices. All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools. Slots or openings in the grates or
similar protective devices shall be of a shape, area, and arrangement
that would prevent physical entrapment and would not pose any
suction hazard to bathers.
(d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
(2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
(3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
(e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999. The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note: "NOTE: These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
(f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
(g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
(h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
(i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
116064.1. The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and safety
standards for public swimming pools to prevent physical entrapment
and serious injury to children and adults. It is the intent of the
Legislature to occupy the whole field of health and safety standards
for public swimming pools and the requirements established in this
article and the regulations adopted pursuant to this article shall be
exclusive of all local health and safety standards relating to
public swimming pools.
116064.2. (a) As used in this section, the following words have the
following meanings:
(1) "ASME/ANSI performance standard" means a standard that is
accredited by the American National Standards Institute and published
by the American Society of Mechanical Engineers.
(2) "ASTM performance standard" means a standard that is developed
and published by ASTM International.
(3) "Main drain" means a submerged suction outlet typically
located at the bottom of a swimming pool that conducts water to a
recirculating pump.
(4) "Public swimming pool" means an outdoor or indoor structure,
whether in-ground or above-ground, intended for swimming or
recreational bathing, including a swimming pool, hot tub, spa, or
nonportable wading pool, that is any of the following:
(A) Open to the public generally, whether for a fee or free of
charge.
(B) Open exclusively to members of an organization and their
guests, residents of a multiunit apartment building, apartment
complex, residential real estate development, or other multifamily
residential area, or patrons of a hotel or other public
accommodations facility.
(C) Located on the premises of an athletic club, or public or
private school.
(5) "Qualified individual" means a contractor who holds a current
valid license issued by the State of California or a professional
engineer licensed in the State of California who has experience
working on public swimming pools.
(6) "Safety vacuum release system" means a vacuum release system
that ceases operation of the pump, reverses the circulation flow, or
otherwise provides a vacuum release at a suction outlet when a
blockage is detected.
(7) "Skimmer equalizer line" means a suction outlet located below
the waterline and connected to the body of a skimmer that prevents
air from being drawn into the pump if the water level drops below the
skimmer weir. However, a skimmer equalizer line is not a main drain.
(8) "Unblockable drain" means a drain of any size and shape that a
human body cannot sufficiently block to create a suction entrapment
hazard.
(b) Subject to subdivision (c), an ASME/ANSI or ASTM performance
standard relating to antientrapment devices or systems or an
amendment or successor to, or later published edition of an ASME/ANSI
or ASTM performance standard relating to antientrapment devices or
systems shall become the applicable standard in California 90 days
after publication by ASME/ANSI or ASTM, respectively, provided that
the performance standard or amendment or successor to, or later
published edition is approved by the department within 90 days of the
publication of the performance standard by ASME/ANSI or ASTM,
respectively. Notwithstanding any other law, the department may
implement, interpret, or make specific the provisions of this section
by means of a policy letter or similar instruction and this action
by the department shall not be subject to the rulemaking requirements
of the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(c) Subject to subdivision (f), every public swimming pool shall
be equipped with antientrapment devices or systems that comply with
ASME/ANSI performance standard A112.19.8, as in effect December 31,
2009, or any applicable ASME/ANSI performance standard that has been
adopted by the department pursuant to subdivision (b).
(d) Subject to subdivisions (e) and (f), every public swimming
pool with a single main drain that is not an unblockable drain shall
be equipped with at least one or more of the following devices or
systems that are designed to prevent physical entrapment by pool
drains:
(1) A safety vacuum release system that has been tested by a
department-approved independent third party and found to conform to
ASME/ANSI performance standard A112.19.17, as in effect on December
31, 2009, or any applicable ASME/ANSI performance standard that has
been adopted by the department pursuant to subdivision (b), or ASTM
performance standard F2387, as in effect on December 31, 2009, or any
applicable ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(2) A suction-limiting vent system with a tamper-resistant
atmospheric opening, provided that it conforms to any applicable
ASME/ANSI or ASTM performance standard that has been adopted by the
department pursuant to subdivision (b).
(3) A gravity drainage system that utilizes a collector tank,
provided that it conforms to any applicable ASME/ANSI or ASTM
performance standard that has been adopted by the department pursuant
to subdivision (b).
(4) An automatic pump shut-off system tested by a
department-approved independent third party and found to conform to
any applicable ASME/ANSI or ASTM performance standard that has been
adopted by the department pursuant to subdivision (b).
(5) Any other system that is deemed, in accordance with federal
law, to be equally effective as, or more effective than, the systems
described in paragraphs (1) to (4), inclusive, at preventing or
eliminating the risk of injury or death associated with pool drainage
systems.
(e) Every public swimming pool constructed on or after January 1,
2010, shall have at least two main drains per pump that are
hydraulically balanced and symmetrically plumbed through one or more
"T" fittings, and that are separated by a distance of at least three
feet in any dimension between the drains. A public swimming pool
constructed on or after January 1, 2010, that meets the requirements
of this subdivision, shall be exempt from the requirements of
subdivision (d).
(f) A public swimming pool constructed prior to January 1, 2010,
shall be retrofitted to comply with subdivisions (c) and (d) by no
later than July 1, 2010, except that no further retrofitting is
required for a public swimming pool that completed a retrofit between
December 19, 2007, and January 1, 2010, that complied with the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et
seq.) as in effect on the date of issue of the construction permit,
or for a nonportable wading pool that completed a retrofit prior to
January 1, 2010, that complied with state law on the date of issue of
the construction permit. A public swimming pool owner who meets the
exception described in this subdivision shall do one of the following
prior to September 30, 2010:
(1) File the form issued by the department pursuant to subdivision
(g), as otherwise provided in subdivision (i).
(2) (A) File a signed statement attesting that the required work
has been completed.
(B) Provide a document containing the name and license number of
the qualified individual who completed the required work.
(C) Provide either a copy of the final building permit, if
required by the local agency, or a copy of one of the following
documents if no permit was required:
(i) A document that describes the modification in a manner that
provides sufficient information to document the work that was done to
comply with federal law.
(ii) A copy of the final paid invoice. The amount paid for the
services may be omitted or redacted from the final invoice prior to
submission.
(g) Prior to March 31, 2010, the department shall issue a form for
use by an owner of a public swimming pool to indicate compliance
with this section. The department shall consult with county health
officers and directors of departments of environmental health in
developing the form and shall post the form on the department's
Internet Web site. The form shall be completed by the owner of a
public swimming pool prior to filing the form with the appropriate
city, county, or city and county department of environmental health.
The form shall include, but not be limited to, the following
information:
(1) A statement of whether the pool operates with a single or
split main drain.
(2) Identification of the type of antientrapment devices or
systems that have been installed pursuant to subdivision (c) and the
date or dates of installation.
(3) Identification of the type of devices or systems designed to
prevent physical entrapment that have been installed pursuant to
subdivision (d) in a public swimming pool with a single main drain
that is not an unblockable drain and the date or dates of
installation or the reason why the requirement is not applicable.
(4) A signature and license number of a qualified individual who
certifies that the factual information provided on the form in
response to paragraphs (1) to (3), inclusive, is true to the best of
his or her knowledge.
(h) A qualified individual who improperly certifies information
pursuant to paragraph (4) of subdivision (g) shall be subject to
potential disciplinary action at the discretion of the licensing
authority.
(i) Except as provided in subdivision (f), each public swimming
pool owner shall file a completed copy of the form issued by the
department pursuant to this section with the city, county, or city
and county department of environmental health in the city, county, or
city and county in which the swimming pool is located. The form
shall be filed within 30 days following the completion of the
swimming pool construction or installation required pursuant to this
section or, if the construction or installation is completed prior to
the date that the department issues the form pursuant to this
section, within 30 days of the date that the department issues the
form. The public swimming pool owner or operator shall not make a
false statement, representation, certification, record, report, or
otherwise falsify information that he or she is required to file or
maintain pursuant to this section.
(j) In enforcing this section, health officers and directors of
city, county, or city and county departments of environmental health
shall consider documentation filed on or with the form issued
pursuant to this section by the owner of a public swimming pool as
evidence of compliance with this section. A city, county, or city and
county department of environmental health may verify the accuracy of
the information filed on or with the form.
(k) To the extent that the requirements for public wading pools
imposed by Section 116064 conflict with this section, the
requirements of this section shall prevail.
(l) (1) Until January 1, 2014, the department may assess an annual
fee on the owners of each public swimming pool, to be collected by
the applicable local health department, in an amount not to exceed
the amount necessary to defray the department's costs of carrying out
its duties under Section 116064.1 and this section but in no case
shall this fee exceed six dollars ($6).
(2) The local health department may retain a portion of the fee
collected pursuant to paragraph (1) in an amount necessary to cover
the administrative costs of collecting the fee, but in no case to
exceed one dollar ($1).
(3) The local health department shall bill the owner of each
public swimming pool in its jurisdiction for the amount of the state
fee. The local health department shall transmit the collected state
fee to the Controller for deposit into the Recreational Health Fund,
which is hereby created in the State Treasury. The local health
department shall not be required to take action to collect an unpaid
state fee, but shall submit to the department, every six months, a
list containing the name and address of the owner of each public
swimming pool who has failed to pay the state fee for more than 90
days after the date that the bill was provided to the owner of the
public swimming pool.
(4) Owners that are exempt from local swimming pool permit fees
shall also be exempt from the fees imposed pursuant to this
subdivision.
(5) Except as provided in paragraph (2), all moneys collected by
the department pursuant to this section shall be deposited into the
Recreational Health Fund. Notwithstanding Section 16305.7 of the
Government Code, interest and dividends on moneys in the Recreational
Health Fund shall also be deposited in the fund. Moneys in the fund
shall, upon appropriation by the Legislature, be available to the
department for carrying out its duties under Section 116064.1 and
this section and shall not be redirected for any other purpose.
116065. Every person who violates any provision of this article,
building standards published in the State Building Standards Code
relating to swimming pools, or the rules and regulations adopted
pursuant to the provisions of this article, is guilty of a
misdemeanor, punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
for not more than six months, or both.
116068. Each day that a violation of this article continues is a
separate offense.
