The Law Concerning Lighting in Pools BILL NUMBER: SB 873 CHAPTERED BILL TEXT CHAPTER 913 FILED WITH SECRETARY OF STATE OCTOBER 12, 1997 APPROVED BY GOVERNOR OCTOBER 12, 1997 PASSED THE SENATE SEPTEMBER 11, 1997 PASSED THE ASSEMBLY SEPTEMBER 9, 1997 AMENDED IN ASSEMBLY SEPTEMBER 5, 1997 AMENDED IN ASSEMBLY SEPTEMBER 2, 1997 AMENDED IN ASSEMBLY JULY 28, 1997 AMENDED IN SENATE MAY 27, 1997 AMENDED IN SENATE MAY 14, 1997 AMENDED IN SENATE APRIL 14, 1997 INTRODUCED BY Senator Vasconcellos (Coauthor: Senator Kopp) (Coauthors: Assembly Members Papan and Torlakson) FEBRUARY 26, 1997 An act to add Sections 116049.1 and 116064 to the Health and Safety Code, relating to pool safety. LEGISLATIVE COUNSEL'S DIGEST SB 873, Vasconcellos. Pool safety. Existing law requires public swimming pools to meet certain safety and sanitation requirements, including, but not limited to, the requirement that every person operating or maintaining a public swimming pool must do so in a sanitary, healthful, and safe manner. Existing law designates the State Department of Health Services as having supervision over these requirements, and requires every health officer, within his or her jurisdiction, to enforce building standards relating to swimming pools. Existing law makes violation of these requirements a misdemeanor. Existing law requires all dry-niche light fixtures and all underwater wet-niche light fixtures operating at more than 15 volts in public swimming pools owned or operated by the state or by local agencies to be protected by a ground-fault circuit interrupter in the branch circuit, requires light fixtures to have encapsulated terminals, and requires any of these public swimming pools that do not meet these requirements as of January 1, 1997, to be retrofitted by July 1, 1998. This bill would apply similar requirements relating to electrical lighting to public swimming pools operated for the use of the general public with or without charge, or for the use of the members and quests of a private club, including any swimming pool located on the grounds of a hotel, motel, inn, apartment complex, or any residential setting other than a single-family home. The bill would require public swimming pools that do not meet these requirements by January 1, 1998, to be retrofitted to comply by July 1, 1998, and would require inspections by September 1, 1998. Existing law, the Swimming Pool Safety Act, establishes certain safety requirements for swimming pools, as defined, including nonportable wading pools, regarding pool enclosures and related safety equipment. This bill would, commencing January 1, 1998, require that whenever a construction permit is issued for construction or alteration, as defined, of a public wading pool, as defined, the pool be constructed or retrofitted to have at least 2 circulation drains per pump at least 3 feet apart and comply with other safety requirements to prevent physical entrapment or suction injury. This bill would require all pools to comply with these standards by January 1, 2000. This bill would authorize the State Department of Health Services to adopt regulations regarding safety requirements for public wading pools to include, but not be limited to, standards permitting the use of alternative devices or safeguards, or incorporating new technologies. The bill would require the department to forward the regulations to the California Building Standards Commission for approval, and would require the commission to approve the regulations and publish them in the California Building Standards Code by November 1, 1999. By changing the definition of a crime, this bill would impose a state-mandated local program. By increasing the inspection duties of local officers, 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 no reimbursement is required by this act for specified reasons. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 116049.1 is added to the Health and Safety Code, to read: 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, or a swimming pool owned or operated by the state or any local governmental entity as set forth in Section 116049. (b) All dry-niche light fixtures, and all underwater wet-niche light fixtures operating at more than 15 volts in public swimming pools, as defined in this section, 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. (c) Any public swimming pool that does not meet the requirements specified in subdivision (b) by January 1, 1998, shall be retrofitted to comply with these requirements by July 1, 1998. (d) The ground-fault circuit interrupter required pursuant to this section shall comply with Underwriter's Laboratory standards. (e) The owner or operator of a public swimming pool shall have its public swimming pool inspected by a qualified inspector on or before September 1, 1998, to determine compliance with this section. (f) 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. SEC. 2. Section 116064 is added to the Health and Safety Code, to read: 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. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 177556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. Moreover, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for other costs because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act within the meaning of Section 17556 of the Government Code. Also, notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.