California 2021-2022 Regular Session Status: In Committee

SB 736 — Public safety: pools and spas: drowning prevention: home inspectors.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. April 15 set for first hearing canceled at the request of author.

  3. Set for hearing April 15.

  4. Referral to Com. on GOV. & F. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

  5. Referred to Coms. on HOUSING, B., P. & E.D., and GOV. & F.

  6. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  7. (Ayes 32. Noes 4.)

  8. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  9. Read first time.

  10. From printer. May be acted upon on or after March 24.

  11. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Newman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Newman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

What does SB 736 do?
(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.
Who sponsors SB 736?
SB 736 is sponsored by Newman.
What is the current status of SB 736?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 736?
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