BILL ANALYSIS
AB 3305
Page 1
Date of Hearing: April 17, 1996
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Phil Hawkins, Chair
AB 3305 (Setencich) - As Amended: April 8, 1996
SUBJECT: Swimming pool: safety: disclosures.
SUMMARY: This bill would enact the Swimming Pool Safety Act to
require, among other things, that swimming pools constructed after
January 1, 1998 must have a fence, cover, or other safety device.
Specifically, this bill:
1) Requires, commencing July 1, 1997, modification of the real
estate disclosure form to include disclosure of whether a pool
has a child resistant barrier and whether a spa has a locking
safety cover.
2) Applies only to pools located on the grounds of a private
single-family home; excludes hot tubs with certain safety
covers.
3) Defines "swimming pool" to mean, among other things, either a
below- or above-ground pool which is wider than eight feet at any
point and contains water more than 18 inches in depth.
4) Requires swimming pools, commencing January 1, 1998, for which
construction permits have been issued on or after
January 1, 1998, to comply with at least one of the following:
a) The pool shall be isolated from access to a home by a
fence, wall, or other barrier.
b) The pool shall be equipped with an approved safety pool
cover.
c) The residence shall be equipped with exit alarms on those
doors providing direct access to a pool.
d) Doors providing direct access to a pool shall be equipped
with a self-closing, self-latching device with a release
mechanism located at a minimum of 54 inches above the
floor.
e) Other means of protection if the degree of protection is
not less than afforded by any of the above-listed safety
devices.
5) Defines the term "enclosure" and requires an enclosure to have
specified characteristics, which include:
a) Isolates the swimming pool from the remainder of the
property on which it is located, and from any children's play
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area.
b) Specifies the minimum height, clearance between enclosure
and ground, size of openings, distance from pool, and type of
self-latching gate.
c) Allows substitution of a key-locking latch where a
disabled person resides on the property.
6) Requires any person entering into an agreement to build a
swimming pool to give the consumer notice of the requirements of
this bill.
7) Excludes swimming pools located within a locality that has
adopted an ordinance with requirements that are at least as
stringent as required by this bill.
Existing law:
1) Authorizes the Department of Health Services (DHS) to adopt
regulations concerning safety and sanitation requirements
applicable to public swimming pools, public beaches, and
resorts. DHS does not have similar authority to establish
safety requirements for pools located at private residences.
2) Requires a seller of residential property to make disclosures
prior to the transfer of that property, and sets forth the content
and form of these disclosures.
FISCAL EFFECT: Unknown
BACKGROUND: Provisions similar to those in AB 3305 were adopted
as emergency regulations through the California Building Standards
Commission. After holding public hearings, the commission
determined that it would not adopt the swimming pool enclosure
regulations as permanent building standards. The commission
determined that requirements for swimming pool enclosures should
be left to local governments, and directed the Department of
Housing and Community Development to provide a model ordinance
that local governments could modify to address the specific needs
of their jurisdiction. The department distributed the model
ordinance to local building officials in 1994.
This bill is similar to AB 1784 (Speier) of 1995. The most
significant changes from AB 1784 are 1) deletion of the provisions
relating to family day care homes, 2) elimination of the criminal
penalty, and 3) deletion of Consumer Product Safety Commission
approval of exit alarms.
According to information provided by the author, this bill is in
response to the findings of the State Injury Control Task Force,
convened by DHS. The task force's report, "The Strategic Plan for
Injury Prevention and Control in California 1993-1997" found that
residential pool drowning is the number one cause of unintentional
injuries resulting in death of children under the age of five.
Drownings kill approximately 100 children in California each year.
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For every child who dies, four suffer brain injury from near
drowning incidents. Residential swimming pools pose the greatest
danger. Approximately 70% of child drownings occur in the
family's own swimming pool, and another 20% of child drownings
occur at the pool of a relative or neighbor. It takes less than
five minutes of unsupervised time for a child to leave a safe
area, find their way to a pool and drown.
The author contends that children who survive near-drowning may
suffer extensive brain injuries and the cost of medical care is
substantial. Lifetime costs for a child with a near-drowning
brain injury is estimated at $4.5 million. Currently, California
houses approximately 100 of these children in state run
facilities, at an annual cost of approximately $100,000 per
patient. These high health care costs and the tragedy of losing a
child are contrasted to prevention costs of $750 to $1,500 to
install a fence.
Suggested Amendment: There appears to be a technical error in the
drafting of the bill which the author may want to correct.
Proposed Section 115923 sets forth the specifications for an
"enclosure." It appears that these specifications are meant to
apply to the fence, wall or barrier referenced in proposed
subdivision (a) of Section 115922. The reference to "enclosure"
should be clarified. Additionally, the California Bankers
Association requests an amendment to exempt lenders who have
foreclosed on residential property from having to comply with the
bill's retrofit provisions upon transfer of title.
ARGUMENTS IN SUPPORT: According to the author, a fence barrier
between the home and pool is the single most effective means of
preventing accidental drownings in residential pools.
This bill would prevent needless deaths and serious brain injuries
to children under five years of age.
This bill would result in cost savings to families who must pay
high hospital bills associated with drownings or near drownings,
and save public funds for long-term care.
ARGUMENTS IN OPPOSITION: The California Spa and Pool Industry
Education Council (SPEC) argue that the bill's alternatives to
parental supervision around pools would not reduce child immersion
incidents. Fences or alarms may create a false sense of security
on the part of adults, and accidents occur when there is an
absence of supervision. SPEC argues that the fact that there are
so few child drownings in home swimming pools is evidence that the
majority of citizens meet their responsibilities. SPEC estimates
there are an estimated 70 child drowning deaths each year in
California -- a low number considering that there are more than
2,000,000 pools within the state.
The California Building Standards Commission and the Department of
Housing and Community Development oppose this bill because
building standards located in statute are not readily accessible
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to the general public, design and construction professionals, or
local building officials because the statutory standards are not
published in the Building Standards Code. Secondly, building
standards require frequent amendment to incorporate new
technological advances.
Support
California State Firefighters' Association, Inc.
The Danny Foundation
Loma Linda University Children's Hospital
American College of Emergency Physicians (California Chapter)
Arc California
California Association for the Education of Young Children
California Collaboration for Youth
California Conference of Local Health Department Nursing Directors
California Conference of Local Directors of Maternal, Child and
Adolescent Health
California Congress of Parents, Teachers, and Students, Inc.
California Medical Association
California Public Interest Research Group
Fresno County Health Services Agencies
Los Angeles County Department of Health Services
Los Angeles County Inter-Agency Council on Child Abuse and Neglect
Orange County Health Care Agency
San Gabriel Valley Drowning Prevention Task Force
Oppose
California Building Standards Commission
California Spa and Pool Industry Education Council
Department of Housing and Community Development
Analysis prepared by: Kathryn C. Amann / ahcd / 445-2320