2005 California Health and Safety Code Sections 116025-116068 Article 5. Swimming Pool Sanitation

116025.  "Public swimming pool," as used in this article, means any
public swimming pool, bathhouse, public swimming and bathing place
and all related appurtenances.
116028.  "Lifeguard service," as used in this article, means the
attendance at a public swimming pool during periods of use, of one or
more lifeguards who possess, as minimal qualifications, current Red
Cross advanced lifesaving certificates or Y.M.C.A. senior  lifesaving
certificates, or have equivalent qualifications and who are trained
to administer first aid, including, but not limited to,
cardiopulmonary resuscitation in conformance with Section 123725 and
the regulations adopted thereunder, and who have no duties to perform
other than to supervise the safety of participants in water-contact
activities.  "Lifeguard services" includes the supervision of the
safety of participants in water-contact activities by lifeguards who
are providing swimming lessons, coaching or overseeing water-contact
sports, or providing water safety instructions to participants when
no other persons are using the facilities unless those persons are
supervised by separate lifeguard services.
116030.  (a) The construction standards as set forth in this article
and the regulations adopted pursuant thereto, shall not apply to any
artificially constructed swimming facility in excess of 20,000
square feet of surface area, including, but not limited to, a manmade
lake or swimming lagoon with sand beaches.
   (b) The requirements of this article and regulations adopted
pursuant thereto, pertaining to the operation, maintenance, and use
of a public swimming pool, including the quality and purity of the
water, lifesaving and other measures  to ensure the safety of
bathers, and measures to ensure personal cleanliness of bathers shall
apply to the swimming facilities described in subdivision (a).
116030.5.  (a) Notwithstanding any provision of law to the contrary,
any manmade lake or swimming lagoon with a beach or sand bottom
operated by the Cameron Park Community Services District of El Dorado
County is exempt from the water clarity standards established
pursuant to subdivision (b) of Section 116030, if approved by the
local health officer.
   (b) The department shall form an advisory committee consisting of
all of the following:
   (1) Three representatives from park and recreation districts that
operate for public swimming purposes a manmade lake or swimming
lagoon with a beach or sand bottom.
   (2) Two local health officers.
   (3) A representative of the department.
   (c) The committee shall address whether water clarity of manmade
lakes or swimming lagoons that utilize a beach or a sand bottom, and
are used for public swimming purposes, should be regulated in the
same manner as public swimming pools.
   (d) The committee shall adopt recommendations and report to the
department by January 1, 2007.
   (e) If the committee recommends that the water clarity of the
manmade lakes or swimming lagoons should not be regulated in the same
manner as public swimming pools, the report shall identify the water
clarity standards that should apply, and shall make recommendations
regarding filtration, recirculation, disinfection, safety, and public
health oversight, including, but not limited to, permitting and
sampling requirements.
   (f) This section shall remain in effect only until January 1,
2008, and as of that date is repealed unless a later enacted statute
that is enacted before that date deletes or extends that date.
116033.  Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess an American Red Cross Emergency Water
Safety Course certificate, or have equivalent qualifications, as
determined by the state department.  In addition, these persons shall
be certified in standard first aid and cardiopulmonary resuscitation
(CPR).  All of these persons shall meet these qualifications by
January 1, 1991.  Persons who only disseminate written materials
relating to water safety, are not persons providing aquatic
instruction within the meaning of this section.
   The requirements of this section shall be waived under either of
the following circumstances:  (a) when one or more aquatic
instructors possessing the American Red Cross Emergency Water Safety
Course Certificate or its equivalent are in attendance continuously
during periods of aquatic instruction, or (b) when one or more
lifeguards meeting the requirements of Section 116028 are in
attendance continuously during periods of aquatic instruction.
116035.  The department has supervision of sanitation,
healthfulness, and safety of public swimming pools.
116038.  Every person proposing to construct a public swimming pool
shall file a copy of the plans therefor, prior to construction, with
the local health officer having jurisdiction for approval.
116040.  Every person operating or maintaining a public swimming
pool must do so in a sanitary, healthful and safe manner.
116043.  Every public swimming pool, including swimming pool
structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water
purification, lifesaving apparatus, measures to insure safety of
bathers, and measures to insure personal cleanliness of bathers shall
be such that the public swimming pool is at all times sanitary,
healthful and safe.
116045.  (a) Lifeguard service shall be provided for any public
swimming pool that is of wholly artificial construction and for the
use of which a direct fee is charged.  For all other public swimming
pools, lifeguard service shall be provided or signs shall be erected
clearly indicating that the service is not provided.
   (b) "Direct fee," as used in this section, means a separately
stated fee or charge for the use of a public swimming pool to the
exclusion of any other service, facility, or amenity.
116048.  (a) On or after January 1, 1987, for public swimming pools
in any common interest development, as defined in Section 1351 of the
Civil Code, that consists of fewer than 25 separate interests, as
defined in subdivision (l) of Section 1351 of the Civil Code, the
person operating each such pool open for use shall be required to
keep a record of the information required by subdivision (a) of
Section 65523 of Title 22 of the California Administrative Code,
except that the information shall be recorded at least two times per
week and at intervals no greater than four days apart.
   (b) On or after January 1, 1987, any rule or regulation of the
department that is in conflict with subdivision (a) is invalid.
116049.  (a) "Public swimming pool," as used in this section, means
any public swimming pool defined in Section 116025 that is owned or
operated by the state or any local governmental entity, including,
but not limited to, any city, county, city and county, charter city,
charter county, or charter city and county.
   (b) All dry-niche light fixtures, and all underwater wet-niche
light fixtures operating at more than 15 volts in public swimming
pools shall be protected by a ground-fault circuit interrupter in the
branch circuit, and all light fixtures in public swimming pools
shall have encapsulated terminals.  This subdivision is declaratory
of existing law.
   (c) Any public swimming pools that do not meet the requirements
specified in subdivision (b) by January 1, 1995, shall be retrofitted
to comply with these requirements by January 1, 1996.
   (d) The ground-fault circuit interrupter required pursuant to this
section shall comply with Underwriter's Laboratory standards.
   (e) Any state or local governmental entity that owns or operates a
public swimming pool shall have its public swimming pool inspected
by a qualified inspector prior to July 1, 1996, to determine
compliance with this section.
   (f) A public swimming pool may charge a fee, or increase its fee
charged, to the public for use of the pool, for the purpose of
recovering the administrative and other costs of retrofitting pools
in compliance with this section.  The charge or increase due to this
section shall terminate when funds sufficient to cover these costs
are collected.
   (g) All electrical work required for compliance with this section
shall be performed by an electrician licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code.
116049.1.  (a) "Public swimming pool," as used in this section,
means any swimming pool operated for the use of the general public
with or without charge, or for the use of the members and guests of a
private club, including any swimming pool located on the grounds of
a hotel, motel, inn, an apartment complex, or any residential setting
other than a single-family home.  For purposes of this section,
public swimming pool shall not include a swimming pool located on the
grounds of a private single-family home.
   (b)  The design and installation of all underwater lighting
systems, operating at more than 15 volts, supplied from a branch
circuit either directly or by way of a transformer, shall be
installed in a public swimming pool, as defined in this section, so
that there is no shock hazard with any likely combination of fault
conditions during normal use, and shall comply with both of the
following requirements:
   (1) An approved ground-fault circuit interrupter shall be
installed in the branch circuit that supplies all fixtures operating
at more than 15 volts.
   (2) Only approved underwater lighting fixtures shall be used and
no lighting fixtures shall be installed for operations at more than
150 volts between conductors.
   (c) Any public swimming pool that does not meet the requirements
specified in subdivision (b), shall be retrofitted to comply with
these requirements by May 1, 1999.
   (d) The ground-fault circuit interrupter required pursuant to this
section shall comply with standards acceptable to the authority
having jurisdiction.
   (e) The owner or operator of a public swimming pool shall, on or
before May 1, 1999, comply with both of the following:
   (1) Obtain an inspection of its public swimming pool by the local
health officer or a qualified contractor as set forth in subdivision
(f).
   (2) Certify to the local health officer as set forth in Section
116053 that the public swimming pool facility is in compliance with
this section.
   (f) All electrical work required for compliance with this section
shall be performed by a person licensed to perform electrical work
within his or her general, specialty, or limited specialty contractor'
s licensed scope of practice pursuant to Section 7059 of the Business
and Professions Code.
   (g) This section shall be known and may be cited as the Yasmin
Paleso'o Memorial Swimming Pool Safety Law.
116050.  Except as provided in Section 18930, the department shall
make and enforce regulations pertaining to public swimming pools as
it deems properand shall enforce building standards published in the
State Building Standards Code relating to public swimming pools;
provided, that no rule or regulation as to design or construction of
pools shall apply to any pool that has been constructed before the
adoption of the regulation, if the pool as constructed is reasonably
safe and the manner of the construction does not preclude compliance
with the requirements of the regulations as to bacteriological and
chemical quality and clarity of the water in the pool.  The
department shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 of this code for the purposes described in this section.
116053.  Every health officer shall enforce the building standards
published in the State Building Standards Code relating to swimming
pools and the other regulations adopted by the department pursuant to
this article in his or her jurisdiction.
116055.  For the purposes of this article, any health officer, or
any inspector of the department, may at all reasonable times enter
all parts of the premises of a public swimming pool to make
examination and investigation to determine the sanitary condition and
whether this article, building standards published in the State
Building Standards Code relating to swimming pools, or the other
regulations adopted by the department pursuant to this article are
being violated.
116058.  The department may publish the reports of inspections.
116060.  Any public swimming pool constructed, operated, or
maintained contrary to the provisions of this article is a public
nuisance, dangerous to health.
116063.  Any nuisance maintained in violation of this article may be
abated or enjoined in an action brought by a local health officer,
or the department, or it may be summarily abated in the manner
provided by law for the summary abatement of other public nuisances
dangerous to health.
116064.  (a) As used in this section the following words have the
following meanings:
   (1) (A) "Public wading pool" means a pool that meets all of the
following criteria:
   (i) It has a maximum water depth not exceeding 18 inches.
   (ii) It is a pool other than a pool that is located on the
premises of a one-unit or two-unit residence, intended solely for the
use of the residents or guests.
   (B) "Public wading pool" includes, but is not limited to, a pool
owned or operated by private persons or agencies, or by state or
local governmental agencies.
   (C) "Public wading pool" includes, but is not limited to, a pool
located in an apartment house, hotel, or similar setting, that is
intended for the use of residents or guests.
   (2) "Alteration" means any of the following:
   (A) To change, modify, or rearrange the structural parts or the
design.
   (B) To enlarge.
   (C) To move the location of.
   (D) To install a new water circulation system.
   (E) To make any repairs costing fifty dollars ($50) or more to an
existing circulation system.
   (b) A public wading pool shall have at least two circulation
drains per pump that are hydraulically balanced and symmetrically
plumbed through one or more "T" fittings, and are separated by a
distance of at least three feet in any dimension between the drains.
   (c) All public wading pool main drain suction outlets that are
under 12 inches across shall be covered with antivortex grates or
similar protective devices.  All main drain suction outlets shall be
covered with grates or antivortex plates that cannot be removed
except with the use of tools.  Slots or 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.
   (d) (1) The State Department of Health Services may adopt
regulations pursuant to this section.
   (2) The regulations may include, but not be limited to, standards
permitting the use of alternative devices or safeguards, or
incorporating new technologies, that produce, at a minimum,
equivalent protection against entrapment and suction hazard, whenever
these devices, safeguards, or technologies become available to the
public.
   (3) Regulations adopted pursuant to this section constitute
building standards and shall be forwarded pursuant to subdivision (e)
of Section 11343 of the Government Code to the California Building
Standards Commission for approval as set forth in Section 18907 of
the Health and Safety Code.
   (e) The California Building Standards Commission shall approve the
building standards as set forth in this section and publish them in
the California Building Standards Code by November 1, 1999.  The
commission shall publish the text of this section in Title 24 of the
California Code of Regulations, Part 2, Chapter 31B, requirements for
public swimming pools, with the following note:  "NOTE:  These
building standards are in statute but have not been adopted through
the regulatory process." Enforcement of the standards set forth in
this section does not depend upon adoption of regulations, therefore,
enforcement agencies shall enforce the standards pursuant to the
timeline set forth in this section prior to adoption of related
regulations.
   (f) The maximum velocity in the pump suction hydraulic system
shall not exceed six feet per second when 100 percent of the pump's
flow comes from the main drain system and any main drain suction
fitting in the system is completely blocked.
   (g) On and after January 1, 1998, all newly constructed public
wading pools shall be constructed in compliance with this section.
   (h) Commencing January 1, 1998, whenever a construction permit is
issued for alteration of an existing public wading pool, it shall be
retrofitted so as to be in compliance with this section.
   (i) By January 1, 2000, every public wading pool, regardless of
the date of original construction, shall be retrofitted to comply
with this section.
116065.  Every person who violates any provision of this article,
building standards published in the State Building Standards Code
relating to swimming pools, or the rules and regulations adopted
pursuant to the provisions of this article, is guilty of a
misdemeanor, punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
for not more than six months, or both.
116068.  Each day that a violation of this article continues is a
separate offense.