(a) “Common interest development manager” means an individual who for compensation, or in expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity of providing management or financial services to a community association. Notwithstanding any other provision of law, an individual may not be required to obtain a real estate or broker’s license in order to perform the services of a common interest development manager to a community association.
(b) “Common interest development manager” also means any of the following:
(1) An individual who is a partner in a partnership, a shareholder or officer in a corporation, or who, in any other business entity acts in a capacity to advise, supervise, and direct the activity of a registrant or provisional registrant, or who acts as a principal on behalf of a company that provides the services of a common interest development manager.
(2) An individual operating under a fictitious business name who provides the services of a common interest development manager.
This section may not be construed to require a community association to hire for compensation a common interest development manager, unless required to do so by the governing documents of the common interest development. Nothing in this part shall be construed to supersede any law that requires a license, permit, or any other form of registration, to provide management or financial services. Nothing in this section shall preclude a licensee of the California Board of Accountancy to provide financial services to a community association within the scope of his or her license in addition to the preparation of reviewed and audited financial statements and the preparation of the community association’s tax returns.
§ 2295. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
§ 2296. Any person having capacity to contract may appoint an agent, and any person may be an agent.
§ 2297. An agent for a particular act or transaction is called a special agent. All others are general agents.
§ 2298. An agency is either actual or ostensible.
§ 2299. An agency is actual when the agent is really employed by the principal.
§ 2300. An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.
(a) No public pool employee having a communicable disease while in an infectious state shall work in any capacity involving contact with pool users, pool water, or the operation of the pool equipment and ancillary facilities at a public pool unless a current written statement is provided by a licensed physician as prescribed in subdivision (b).
(b) No public pool employee or pool user having a communicable disease while in an infectious state, including, but not limited to, Cryptosporidium, giardia, Legionnaires’ disease, and Pseudomonas aeruginosa infection, or while having any symptoms such as a cough, cold sore, or nasal or ear discharge or when wearing bandages, shall not enter public pool water unless the public pool employee or pool user submits a current written statement to the pool operator, signed by a licensed physician, confirming that the public pool employee or pool user does not present a health hazard to others using the public pool or ancillary facilities.
(c) If two or more lifeguards or pool users at a public pool report within 5 days of each other to the pool operator that they have had diarrhea, the pool operator shall report this to the enforcing agent.
Note: Authority cited: Sections 116035, 116050 and 131200, Health and Safety Code. Reference: Sections 116040, 116043 and 116050, Health and Safety Code.
(a) Except for spray grounds without standing water, the pool operator shall ensure that the following safety and first aid equipment is provided and maintained readily visible and available for use at the public pool at all times:
(1) A 17-inch-minimum (exterior diameter) life ring with an attached throw rope with a minimum 3/16-inch diameter. The throw rope shall be of sufficient length to span the maximum width of the public pool and shall be stored in such a way as to prevent kinking or fouling. When rescue without a life ring can be effected from the perimeter of a spa, the enforcing agent may exempt the spa from the requirements of this subdivision.
(2) A 12-foot-minimum fixed-length rescue pole with a permanently attached body hook. For spas, the enforcing agency may approve a shorter length based on the unique configuration of each spa. For spas, the length of the rescue pole shall be of sufficient length to effectuate rescue.
(b) For public pools with lifeguard personnel on duty, the pool operator of each public pool area shall have the following additional safety equipment:
(1) A Red Cross 10-Person Industrial First Aid Kit or the equivalent.
(2) An operating telephone.
(3) A backboard and head immobilizer.
(c) For public pools that exceed 75 feet in length or 50 feet in width, the pool operator shall provide a rescue pole and a life ring on at least two opposing sides of the public pool at centralized locations.
(d) When, in the opinion of the enforcing agent, any public pool is of such size that unaided swimming by lifeguards performing rescue may not offer sufficient protection to pool users, the pool operator shall provide one or more paddle boards or square-sterned boats equipped with oars, oarlocks and life rings as ordered by the enforcing agent.
Note: Authority cited: Sections 116035, 116050 and 131200, Health and Safety Code. Reference: Sections 115950, 115952, 116028, 116040 and 116043, Health and Safety Code.
(a) On or after January 1, 1987, for public swimming pools in any common interest development, as defined in Section 4100 or 6534 of the Civil Code, that consists of fewer than 25 separate interests, as defined in Section 4185 or 6564 of the Civil Code, the person operating each 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.
(a) Except as provided in Health and Safety Code, section 116048, the pool operator of every public pool open for use at a public pool site shall test the disinfectant residual and pH of the public pool water a minimum of once per day. The pool operator shall also test heated pools’ water temperature a minimum of once per day. The pool operator may perform these daily tests using a properly calibrated automatic chemical monitoring and control system if approved by the enforcing agent and in accordance with the manufacturer’s equipment specifications for calibration and directions for proper use. The pool operator shall maintain a written daily record of all test results, equipment readings, calibrations, and corrective action taken at the public pool site.
(b) If the pool operator adds cyanuric acid to a public pool, the pool operator shall measure the cyanuric acid concentration in that pool a minimum of once per month and shall maintain a written record of these test results and all corrective action taken at the public pool site.
(c) The pool operator shall test combined chlorine at a frequency required to maintain maximum combined chlorine concentrations below 0.4 ppm. The pool operator shall maintain a written record of these test results and all corrective action taken at the public pool site.
(d) The pool operator shall maintain a written record of routine maintenance and repairs to the public pool at the public pool site.
(e) If a fecal, vomit, blood contamination, near-drowning, or drowning incident occurs in a pool, the pool operator shall record the incident in accordance with the requirements of section 65546 and shall identify the affected public pool in the incident record if there is more than one pool at the public pool site. This record shall be maintained at the public pool site.
(f) The pool operator shall maintain data and records collected pursuant to subdivisions (a), (b), (c), (d), and (e) for at least two years for inspection by the enforcing agent and shall submit all data and records to the enforcing agent upon the agent’s request.
Note: Authority cited: Sections 116048, 116050 and 131200, Health and Safety Code. Reference: Sections 116035, 116040, 116043, 116050 and 116055, Health and Safety Code.
(a) As used in this section, the following words have the following meanings:
(1) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(2) “ASME/ANSI performance standard” means a standard that is accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.
(3) “ASTM performance standard” means a standard that is developed and published by ASTM International.
(4) “Public swimming pool” means an outdoor or indoor structure, whether in-ground or above-ground, intended for swimming or recreational bathing, including a swimming pool, hot tub, spa, or nonportable wading pool, that is any of the following:
(A) Open to the public generally, whether for a fee or free of charge.
(B) Open exclusively to members of an organization and their guests, residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area, or patrons of a hotel or other public accommodations facility.
(C) Located on the premises of an athletic club, or public or private school.
(5) “Qualified individual” means a contractor who holds a current valid license issued by the State of California or a professional engineer licensed in the State of California who has experience working on public swimming pools.
(6) “Safety vacuum release system” means a vacuum release system that ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet when a blockage is detected.
(7) “Skimmer equalizer line” means a suction outlet located below the waterline, typically on the side of the pool, and connected to the body of a skimmer that prevents air from being drawn into the pump if the water level drops below the skimmer weir. However, a skimmer equalizer line is not a suction outlet for purposes of subdivisions (c) and (d).
(8) “Suction outlet” means a fitting or fixture of a swimming pool that conducts water to a recirculating pump.
(9) “Unblockable suction outlet” means a suction outlet, including the sump, that has a perforated (open) area that cannot be shadowed by the area of the 18 inch by 23 inch Body Blocking Element of the ANSI/APSP-16 performance standard, and that the rated flow through any portion of the remaining open area cannot create a suction force in excess of the removal force values in Table 1 of that standard.
(b)
(1) Subject to subdivision (e), every public swimming pool shall be equipped with antientrapment devices or systems that comply with the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission.
(2) A public swimming pool that has a suction outlet in any location other than on the bottom of the pool shall be designed so that the recirculation system shall have the capacity to provide a complete turnover of pool water within the following time:
(A) One-half hour or less for a spa pool.
(B) One-half hour or less for a spray ground.
(C) One hour or less for a wading pool.
(D) Two hours or less for a medical pool.
(E) Six hours or less for all other types of public pools.
(c) Subject to subdivisions (d) and (e), every public swimming pool with a single suction outlet that is not an unblockable suction outlet shall be equipped with at least one or more of the following devices or systems that are designed to prevent physical entrapment by pool drains:
(1) A safety vacuum release system that has been tested by a nationally recognized testing laboratory and found to conform to ASME/ANSI performance standard A112.19.17, as in effect on December 31, 2009, or ASTM performance standard F2387, as in effect on December 31, 2009.
(2) A suction-limiting vent system with a tamper-resistant atmospheric opening, provided that it conforms to any applicable ASME/ANSI or ASTM performance standard.
(3) A gravity drainage system that utilizes a collector tank, provided that it conforms to any applicable ASME/ANSI or ASTM performance standard.
(4) An automatic pump shutoff system tested by a department-approved independent third party and found to conform to any applicable ASME/ANSI or ASTM performance standard.
(5) Any other system that is deemed, in accordance with federal law, to be equally effective as, or more effective than, the systems described in paragraph (1) at preventing or eliminating the risk of injury or death associated with the circulation system of the pool and suction outlets.
(d) Every public swimming pool constructed on or after January 1, 2010, shall have at least two suction outlets per pump that are hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the suction outlets. A public swimming pool constructed on or after January 1, 2010, that meets the requirements of this subdivision, shall be exempt from the requirements of subdivision (c).
(e) A public swimming pool constructed prior to January 1, 2010, shall be retrofitted to comply with subdivisions (b) and (c) by no later than July 1, 2010, except that no further retrofitting is required for a public swimming pool that completed a retrofit between December 19, 2007, and January 1, 2010, that complied with the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Sec. 8001 et seq.) as in effect on the date of issue of the construction permit, or for a nonportable wading pool that completed a retrofit prior to January 1, 2010, that complied with state law on the date of issue of the construction permit. A public swimming pool owner who meets the exception described in this subdivision shall do one of the following prior to September 30, 2010:
(1) File the form issued by the department pursuant to subdivision (f), as otherwise provided in subdivision (h).
(2)
(A) File a signed statement attesting that the required work has been completed.
(B) Provide a document containing the name and license number of the qualified individual who completed the required work.
(C) Provide either a copy of the final building permit, if required by the local agency, or a copy of one of the following documents if no permit was required:
(i) A document that describes the modification in a manner that provides sufficient information to document the work that was done to comply with federal law.
(ii) A copy of the final paid invoice. The amount paid for the services may be omitted or redacted from the final invoice prior to submission.
(f) Prior to March 31, 2010, the department shall issue a form for use by an owner of a public swimming pool to indicate compliance with this section. The department shall consult with county health officers and directors of departments of environmental health in developing the form and shall post the form on the department’s Internet Web site. The form shall be completed by the owner of a public swimming pool prior to filing the form with the appropriate city, county, or city and county department of environmental health. The form shall include, but not be limited to, the following information:
(1) A statement of whether the pool operates with a single suction outlet or multiple suction outlets that comply with subdivision (d).
(2) Identification of the type of antientrapment devices or systems that have been installed pursuant to subdivision (b) and the date or dates of installation.
(3) Identification of the type of devices or systems designed to prevent physical entrapment that have been installed pursuant to subdivision (c) in a public swimming pool with a single suction outlet that is not an unblockable suction outlet and the date or dates of installation or the reason why the requirement is not
applicable.
(4) A signature and license number of a qualified individual who certifies that the factual information provided on the form in response to paragraphs (1) to (3), inclusive, is true to the best of his or her knowledge.
(g) A qualified individual who improperly certifies information pursuant to paragraph (4) of subdivision (f) shall be subject to potential disciplinary action at the discretion of the licensing authority.
(h) Except as provided in subdivision (e), each public swimming pool owner shall file a completed copy of the form issued by the department pursuant to this section with the city, county, or city and county department of environmental health in the city, county, or city and county in which the swimming pool is located. The form shall be filed within 30 days following the completion of the swimming pool construction or installation required pursuant to this section or, if the construction or installation is completed prior to the date that the department issues the form pursuant to this section, within 30 days of the date that the department issues the form. The public swimming pool owner or operator shall not make a false statement, representation, certification, record, report, or otherwise falsify information that he or she is required to file or maintain pursuant to this section.
(i) In enforcing this section, health officers and directors of city, county, or city and county departments of environmental health shall consider documentation filed on or with the form issued pursuant to this section by the owner of a public swimming pool as evidence of compliance with this section. A city, county, or city and county department of environmental health may verify the accuracy of the information filed on or with the form.
(j) To the extent that the requirements for public wading pools imposed by Section 116064 conflict with this section, the requirements of this section shall prevail.
(k) The department shall have no authority to take any enforcement action against any person for violation of this section and has no responsibility to administer or enforce the provisions of this section.
(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.
(a) The provisions of this Chapter shall apply to all public pools and public pool sites, including, but not limited to:
(1) Amusement park pools.
(2) Apartment house pools.
(3) Bed and breakfast inn pools.
(4) Campground pools.
(5) Club pools.
(6) Commercial pools.
(7) Condominium pools.
(8) Health or fitness club pools.
(9) Homeowner association pools.
(10) Hotel pools.
(11) Licensed day care facility pools.
(12) Medical facility pools.
(13) Mineral springs pools.
(14) Motel pools.
(15) Municipal pools.
(16) Public or private school pools.
(17) Recreational vehicle or mobile home park pools.
(18) Resort pools.
(19) Special purpose pools.
(20) Spray grounds.
(21) Swim school pools.
(22) Water park pools.
(23) Wave pools.
(b) Mineral springs pools that meet the fresh water flow exception standard in section 3123B.1, Title 24, California Code of Regulations (CCR), must comply with all the public pool standards in this chapter except for continuous public pool disinfection requirements in section 65529, if monthly bacteriological water-quality standards are met according to section 65531. Mineral springs pools that do not meet the fresh water flow exception standard in section 3123B.1, Title 24, CCR, shall comply with all public pool standards in this chapter and Title 24, CCR.
(c) The provisions of this Chapter shall apply to all ancillary facilities and equipment provided, operated, and maintained in connection with public pools, including, but not limited to:
(1) Dressing rooms.
(2) Drinking fountains.
(3) Fencing and enclosures.
(4) Locker rooms.
(5) Pool decks.
(6) Safety equipment.
(7) Shower rooms.
(8) Toilet facilities.
(9) Water treatment systems.
(d) A private pool is any constructed pool, permanent or portable, that is intended for use by occupants of not more than three residential units. Private pools are not public pools for the provisions of this chapter.
Note: Authority cited: Sections 116035, 116050, 131052 and 131200, Health and Safety Code. Reference: Sections 116025 and 116043, Health and Safety Code.
