California Assembly Bill AB470 Amended / Bill

 BILL NUMBER: AB 470AMENDED BILL TEXT AMENDED IN SENATE MAY 9, 2016 AMENDED IN ASSEMBLY JUNE 1, 2015 INTRODUCED BY Assembly Member Chu  (   Coauthor:   Assembly Member   Waldron   )  FEBRUARY 23, 2015  An act to add Section 15661 to the Welfare and Institutions Code, relating to social services.   An act to amend Section 115922 of the Health and Safety Code, relating to public health.  LEGISLATIVE COUNSEL'S DIGEST AB 470, as amended, Chu.  In-home supportive services: fingerprinting.  Public health: drownings.   The Swimming Pool Safety Act requires when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work.   This bill would instead require, when a building permit is issued or the home is sold, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires the Department of Justice to conduct background checks, as requested, by employers of in-home supportive services and other providers.   This bill would require the Department of Justice, by October 1, 2016, and in collaboration with the department, to develop protocols to expedite the processing of provider criminal record checks for the In-Home Supportive Services program, as specified.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   This act shall be known, and may be cited, as the Pool Safety Act.   SEC. 2.   The Legislature finds and declares all of the following:   (a) According to both the federal Centers for Disease Control and Prevention's National Center for Injury Prevention and Control and the State Department of Public Health's EPICenter data, residential pool drowning is the leading cause of death for California children between 1 to 4 years of age, inclusive.   (b) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California's healthcare system, regional centers, and special education school programs.   (c) Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, prevent young children from gaining unsupervised access to pools and are proven to save lives, and those barriers that utilize isolation fencing are among the most effective.   (d) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a critical, necessary, and leading strategy to further California's goal of dramatically reducing unintentional injury and ensuring that drowning is no longer the leading cause of death and hospitalizations for children.   SEC. 3.   Section 115922 of the   Health and Safety Code   is amended to read:  115922. (a)  Commencing January 1, 2007, except   Except  as provided in Section 115925,  whenever   when  a building permit is issued for  the  construction of a new swimming pool or  spa,   spa  or  any building permit is issued for   the  remodeling of an existing  swimming  pool or spa, at a  private,   private  single-family home,  or when a private single-family home with an existing swimming pool or spa is sold,   it shall be equipped with at least   one   the swimming pool or spa shall be equipped with at least two  of the following seven drowning prevention safety features: (1)  The pool shall be isolated from access to a home by an   An  enclosure that meets the requirements of Section  115923.   115923 and isolates the swimming pool or spa from the private single-family home.  (2)  The pool shall incorporate removable   Removable  mesh  pool  fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. (3)  The pool shall be equipped with an   An  approved safety pool  cover that meets all requirements of the ASTM Specifications F 1346 .   cover, as defined in subdivision (d) of Section 115921.  (4)  The residence shall be equipped with exit   Exit  alarms on  those   the private single-family home's  doors  providing   that provide  direct access to the pool.   swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open."  (5)  All doors providing direct access from the home to the swimming pool shall be equipped with a   A  self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the  floor.   floor on the private single-family home's doors providing direct access to the swimming pool or spa.  (6)  Swimming pool alarms   An alarm  that, when placed in  pools,   a swimming pool or spa,  will sound upon detection of accidental or unauthorized entrance into the water.  These pool alarms   The alarm  shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool  Alarms"   Alarms,"  which includes surface motion, pressure, sonar, laser, and infrared type alarms.  For purposes of this article, "swimming pool alarms"   shall   not include   A  swimming protection alarm  devices  feature  designed for individual use,  such as   including  an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in  water.   water, is not a qualifying drowning prevention safety feature.  (7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the  devices   features  set forth  above,   above  and  have   has  been independently verified by an approved testing laboratory as meeting standards for those  devices  features  established by the ASTM or the American Society of Mechanical Engineers (ASME). (b)  Prior to   Before  the issuance of  any   a  final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention  devices   features  required by this act  and   and,  if no violations are found, shall give final approval.  (c) (1) Before an individual may sell a private single-family home with an existing swimming pool or spa, the local building code official shall inspect the drowning prevention features required by this act and, if no violations are found, shall certify that the private single-family home is in compliance with this section.   (2) No transfer of title shall be invalidated on the basis of a failure to comply with this section, and the exclusive remedy for the failure to comply with this section is an award of actual damages not to exceed five hundred dollars ($500), exclusive of any court costs and attorney's fees. This subdivision is not intended to affect any duties, rights, or remedies otherwise available at law.   SEC. 4.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   Section 15661 is added to the Welfare and Institutions Code, to read: 15661. By October 1, 2016, the Department of Justice, in collaboration with the department, shall develop protocols to expedite the processing of provider criminal record checks for the In-Home Supportive Services program. This activity may be funded through moneys appropriated by the Legislature to the Department of Justice for the purpose of conducting criminal record check activities pursuant to Section 15660.