Appendix V — SWIMMING POOL SAFETY ACT

(Matrix Adoption Tables are nonregulatory, intended only as an aid to the code user.

See Chapter 1 for state agency authority and building applications.)

Adopting agency	BSC	BSC- CG	SFM	HCD			DSA			OSHPD						BSCC	DPH	AGR	DWR	CEC	CA	SL	SLC
Adopting agency	BSC	BSC- CG	SFM	1	2	1/AC	AC	SS	SS/ CC	1	1R	2	3	4	5	5	5	5	5	5	5	5	5
Adopt entire chapter
Adopt entire chapter as amended (amended sections listed below)
Adopt only those sec- tions that are listed below
Chapter / Section

APPENDIX V

SWIMMING POOL SAFETY ACT

(Note: See Chapter 31, Section 3109 of the California Building Code, Title 24, Part 2.)

AV100 Private swimming pools (statewide). Sections AV100.1 through AV100.9 contain the text of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, which has been reprinted in alignment with the existing format of this code.

NOTE: These regulations are subject to local government modification. You should verify the applicable local govern- ment requirements at the time of application for a building permit.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 18942(b); Chap- ter 925, Statutes of 1996

AV100.1 Definitions.¶

As used in this division, the following terms have the following meanings:

ANSI/APSP PERFORMANCE STANDARD means a stan- dard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).

APPROVED SAFETY POOL COVER means a manually or power-operated safety pool cover that meets all of the perfor- mance standards of the American Society for Testing and Materials (ASTM), in compliance with Standard F1346-91.

ENCLOSURE means a fence, wall or other barrier that iso- lates a swimming pool from access to the home.

EXIT ALARMS means devices that make audible, continu- ous alarm sounds when any door or window that permits access from the residence to the pool area, that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

PUBLIC SWIMMING POOL means a swimming pool oper- ated for the use of the general public with or without charge, or for the use of the members and guests of a private club.

Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.

SUCTION OUTLET means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.

SWIMMING POOL or POOL means any structure intended for swimming or recreational bathing that contains water over 18 inches (457 mm) deep. Swimming pool includes in- ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas and nonportable wad- ing pools.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115921; Chapter 925, Statutes of 1996; Chapter 679, Statutes of 2012

AV100.2 Construction permit; safety features required.¶

(a) Except as provided in Section AV100.5, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the follow- ing seven drowning prevention safety features:

1. An enclosure that meets the requirements of Section AV100.3 and isolates the swimming pool or spa from the private single-family home.

2. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self- closing and self-latching and can accommodate a key lockable device.

3. An approved safety pool cover, as defined in Section AV100.1.

Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Kevin Day (kevin.day@dgs.ca.gov), (California Building Standards Commission) Order Number #100735044 on Jul 24, 2019 03:54 PM (PDT) pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.

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4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”

5. A self-closing, self-latching device with a release mech- anism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors pro- viding direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unautho- rized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pres- sure, sonar, laser and infrared type alarms. A swim- ming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning pre- vention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been inde- pendently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engi- neers (ASME).

(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety pre- vention features required by this section and, if no violations are found, shall give final approval.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115922; Chapter 925, Statutes of 1996; Chapter 478, Statutes of 2006; Chap- ter 670, Statutes 2017

AV100.3 Enclosure; required characteristics.¶

An enclosure shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1524 mm) above the ground.

2. A minimum height of 60 inches (1524 mm).

3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.

5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115923; Chapter 925, Statutes of 1996

AV100.4 Agreements to build; notice of provisions.¶

(a) Any person entering into an agreement to build a swim- ming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this article.

(b) Pursuant to existing law, the Department of Health Ser- vices shall have available on the department's web site, com- mencing January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regard- ing the potential dangers a pool or spa poses toddlers. Addi- tionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commis- sion, Drowning Prevention Foundation, California Coalition for Children's Safety & Health, Safe Kids Worldwide, Associ- ation of Pool and Spa Professionals, or the American Acad- emy of Pediatrics.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115924; Chapter 925, Statutes of 1996; Chapter 478, Statutes of 2006

AV100.5 Exempt facilities.¶

The requirements of this article do not apply to any of the following:

1. Public swimming pools.

2. Hot tubs or spas with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346).

3. An apartment complex or any residential setting other than a single-family home.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115925; Chapter 925, Statutes of 1996; Chapter 670, Statutes of 2017

AV100.6 Application to facilities regulated by Department of Social Services.¶

of Social Services. This division does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as a private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115926; Chapter 925, Statutes of 1996

AV100.7 Modification and interpretation of division.¶

Not- withstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in Item 7 of AV100.2 and Item 3 of AV100.5.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115927; Chapter 925, Statutes of 1996

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AV100.8 Construction requirements for building a pool or spa.¶

spa. Whenever a building permit is issued for the construc- tion a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

1. The suction outlets of the pool or spa for which the permit is issued shall be equipped to provide circula- tion throughout the pool or spa as prescribed in Para- graphs 2 and 3.

2. The swimming pool or spa shall either have at least two circulation suction outlets per pump that shall be hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are sepa- rated by a distance of at least three feet in any dimen- sion between the suction outlets, or be designed to use alternatives to suction outlets, including, but not lim- ited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump.

3. The circulation system shall have the capacity to pro- vide a complete turnover of pool water, as specified in Section 3124B of Chapter 31B of the California Build- ing Standards Code (Title 24 of the California Code of Regulations).

4. Suction outlets shall be covered with anti-entrapment grates, as specified in the ANSI/APSP-16 performance standard or successor standard designated by the fed- eral Consumer Product Safety Commission, that can- not be removed except with the use of tools. Slots of 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.

5. Any backup safety system that an owner of a new swimming pools or spa may choose to install in addi- tion to the requirements set forth in subdivisions (1) through (4) above shall meet the standards as pub- lished in the document, “Guidelines for Entrapment Hazards: Making Pools and Spas Safer,” Publication Number 363, March 2005, United States Consumer Products Safety Commission.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115928; Chapter 679, Statutes of 2002; Chapter 62, Statutes of 2003; Chapter 478, Statutes of 2006; Chapter 596, Statutes of 2007; Chap- ter 679, Statutes of 2012

AV100.8.5 (formerly AV100.8 # 6) Suction outlet upgrade requirements during remodel or modification. Whenever a building permit is for the remodel or modification of any existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet or suction outlets of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with anti-entrapment grates, as specified in the ANSI/APSP-16 performance standard or a successor standard designated by the fed- eral Consumer Product Safety Commission.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115928.5; Chapter 596, Statutes of 2007; Chapter 679, Statutes of 2012

SWIMMING POOL SAFETY ACT

AV100.9 Informative documents.¶

1. The legislature encourages a private entity, in consul- tation with the Epidemiology and Prevention for Injury Control Branch of the department, to produce an informative brochure or booklet, for consumer use, explaining the child drowning hazards of, possible safety measures for, and appropriate drowning hazard prevention measures for, home swimming pools and spas, and to donate the document to the department.

2. The legislature encourages the private entity to use existing documents from the United States Consumer Product Safety Commission on pool safety.

3. If a private entity produces the document described in Subdivisions 1 and 2 and donates it to the department, the department shall review and approve the brochure or booklet.

4. Upon approval of the document by the department, the document shall become the property of the state and a part of the public domain. The department shall place the document on its website in a format that is readily available for downloading and for publication. The department shall review the document in a timely and prudent fashion and shall complete the review within 18 months of receipt of the document from a private entity.

Authority: Health and Safety Code Section 18942(b) Reference: Health and Safety Code Section 115929; Chapter 422, Statutes of 2003

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628 2019 CALIFORNIA RESIDENTIAL CODE Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Kevin Day (kevin.day@dgs.ca.gov), (California Building Standards Commission) Order Number #100735044 on Jul 24, 2019 03:54 PM (PDT) pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.

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CALIFORNIA RESIDENTIAL CODE – MATRIX ADOPTION TABLE