2018 Swimming Pool Inspection Law – California
The California Senate Bill 442 was passed, signed by the Governor, and codified as Business and Professions Code, Section 7195, effective January 1, 2018. This Statute provides standards for new residential swimming pools and spas, or any remodeling of an existing pool or spa. The new law requires at least two of the seven drowning prevention safety features established in the existing law (which required only one safety feature).
The Seven Drowning Prevention Features are:
- An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
- 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.
- An approved safety pool cover, as defined in subdivision (d) of Section 115921.
- Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa.
- A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
- An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208, “Standard Safety Specification for Residential Pool Alarms.”
- Other types of protection, if the protection afforded is equal to or greater than that provided by any of the aforementioned safety features — and independently verified by an approved testing laboratory as meeting the standards established by the ASTM or the American Society of Mechanical Engineers (ASME).
The new law does not apply to any existing swimming pools or spas, and owners are not obligated to bring their old pools in compliance with the new standards. However, the remodeling of an existing pool or spa would require compliance with the new standards. Moreover, this new statute does not create any new disclosure obligation on the part of agents or single-family residential property owners.
Note: The certified pool inspector will list the absence or presence of the 7 drowning Prevention features in the swimming pool inspection report.
(Swimming Pool or Spa Inspection is outside the scope of a general home inspection and NOT included, It is offered as an additional service for a fee).