CA AB 2866

Title: Pool safety: State Department of Social Services regulated facilities.
Author: Gail Pellerin

Summary
AB 2866, as introduced, Pellerin. Pool safety: State Department of Social Services regulated facilities. Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. For purposes of the act, a child day care facility includes a day care center and a family day care home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day. Under existing law, a violation of the act is a crime.Existing law, the Swimming Pool Safety Act, among other requirements, requires a pool or spa to be equipped with at least 2 of 7 specified drowning prevention safety features when a building permit is issued for (1) the construction of a new swimming pool or spa or (2) the remodeling of an existing pool or spa at a private single-family home, except as provided. Existing law requires the 7 safety features to include, among others, an enclosure isolating the swimming pool from the home, a removable mesh fencing around the swimming pool with a self-closing and self-latching gate, a safety pool cover, and an alarm that sounds upon an accidental or unauthorized entrance into the water. Existing law exempts certain facilities regulated by the State Department of Social Services from the requirements of the Swimming Pool Safety Act.This bill would repeal this exemption, making certain facilities regulated by the department subject to the Swimming Pool Safety Act, except as provided. The bill would require a child day care facility licensed by the department with a swimming pool to have either the mesh fence or enclosure and either a pool cover or safety alarm. The bill would require the child day care facility to perform a daily inspection of the safety features and maintain a log to be provided to the department during scheduled inspections. The bill would require the department to update its regulations accordingly. Because a willful or repeated violation of these provisions by a child day care facility would be a crime, the bill would impose a state-mandated local program.Existing law requires a local building code official to, before the issuance of a final approval for the completion of permitted construction or remodeling work, inspect the drowning safety prevention features for compliance with the Swimming Pool Safety Act. By imposing additional duties on local officials relating to previously exempted pool or spa facilities, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Status
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on HEALTH.

Bill Documents
CA AB 2866 - 02/15/24 - Introduced
02/15/24 - CA AB 2866 (02/15/24 - Introduced)