SB 736

Bill Subjects

Abstract

(1) Under the Swimming Pool Safety Act, upon the issuance of a building permit for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, the pool or spa is required to be equipped with at least 2 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning prevention safety devices before the issuance of a final approval for the completion of permitted construction or remodeling work. This bill would encourage the use of an isolation fence or removable isolation mesh fencing, as specified, to meet these requirements, and would specify that these requirements are not met by an exit alarm and a self-closing, self-latching device, as defined, used on the same door or on 2 separate doors that provide access to the swimming pool or spa. The bill would require these requirements to apply equally to all local jurisdictions, and would prohibit a local jurisdiction from imposing different or stricter requirements. Because this bill would impose requirements on local officials, this bill would impose a state-mandated local program. (2) Existing law, as part of the definition of home inspection for the transfer of real property, specifies that an appropriate inspection of real property with a swimming pool or spa includes noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the 7 specified drowning prevention safety features the pool or spa is equipped with. Existing law also requires the information to be included in the home inspection report, as specified. This bill would require, for a home inspection of real property with a swimming pool or spa, in connection with a prelisting inspection or transfer, as defined, that a home inspector be certified by a professional association or entity as having completed a continuing education training module on drowning prevention, as described below. The bill would require that the examination of the pool or spa and dwelling during the home inspection be for the additional purposes of determining whether a drowning prevention safety feature is in good condition, as described, whether it is approved by ASTM International or meets the description of the safety features required by the Swimming Pool Safety Act, and whether the only 2 safety features are an exit alarm and self-closing, self-latching device used on the same door or on 2 separate doors, as described above. The bill would require, if specified conditions are present, the home inspector to provide the relevant section of the home inspection report to the buyer's home insurance or mortgage company upon the company's request, made at the company's discretion. (3) Existing law requires certain building officials to obtain certification from a recognized state, national, or international association and to complete a minimum of 45 hours of continuing education for every 3-year period. This bill would require, no later than January 1, 2023, an association or other entity that certifies home inspectors or building officials to develop a continuing education training module on drowning prevention that provides instruction on specified topics. The bill would require, commencing on January 1, 2024, a building official and home inspector to complete the training module in order for a building official to maintain certification and for a home inspector to maintain the certification required to conduct a home inspection for real property with a swimming pool or spa. Because this bill would impose requirements on local officials, this bill would impose a state-mandated local program. (4) This bill would also make conforming changes. (5) 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 the statutory provisions noted above.