Public swimming pools: anti-entrapment devices and systems.

(1) Under existing law, public wading pools, as defined, are required to equip drain suction outlets with specified anti-entrapment grates to prevent physical entrapment of the bathers. Under existing law, the Swimming Pool Safety Act, public swimming pools are exempted from that act's requirements that newly constructed pools be equipped with specified safety features, including anti-entrapment grates for drain suction outlets. This bill would require an existing public swimming pool, as defined, to be equipped with anti-entrapment devices or systems that meet ASME/ANSI or ASTM performance standards. It would also require an existing public swimming pool with a single main drain that is not an unblockable drain to meet at least one of the specified standards. The bill would impose timeframes by which its requirements must be met, subject to exceptions, as specified. The bill would require that every newly constructed public swimming pool have at least 2 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 3 feet in any dimension between the drains. This bill would authorize the State Department of Public Health to approve amendments or successors to these standards. The bill would require the department to develop, and a public swimming pool owner to file, a form to indicate compliance with the requirements of the bill, as specified. The form would be required to include a certification by a qualified individual, as defined, that prescribed factual information provided on the form is true to the best of his or her knowledge. This bill would declare the intent of the Legislature to occupy the whole field of health and safety standards for public swimming pools and to preempt all local health and safety standards relating to public swimming pools. This bill would authorize the department, until January 1, 2014, to assess a fee, as prescribed, but in an amount not to exceed $6, to defray the department's costs of carrying out its duties under the bill. The local health department would be required to collect the fee and would be authorized to retain a portion of this fee in an amount necessary to cover the administrative costs of collecting the fee, but in an amount not to exceed $1. The applicable local health department would be required to bill the owner of each public swimming pool in its jurisdiction for the amount of the state fee and remit money collected to the Controller. The bill would require a local health department to submit to the department, every 6 months, a list containing specified information regarding owners of public swimming pools who have failed to pay the state fees for more than 90 days, as prescribed. The bill would require any moneys collected from this state fee by either the local health department or the department to be deposited into the Recreational Health Fund, created by the bill. Money in that fund would be available, upon appropriation by the Legislature, for carrying out the department's duties under the bill. Violation of these requirements would constitute a misdemeanor. By creating new crimes, the bill would impose a state-mandated local program. By imposing new duties on local building officials and local health officials, the bill would impose a state-mandated local program. (2) Existing law requires the California Building Standards Commission to publish editions of the California Building Standards Code, as prescribed. Existing law requires the commission to publish the text of specified statutes in the code. This bill would require the commission to publish the text of specified provisions of the bill within the California Building Standards Code, as prescribed. (3) 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.