Article 5 - Swimming Pool Sanitation and Safety

California Health and Safety Code — §§ 116025-116068

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Sections (24)

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

“Public swimming pool,” as used in this article, means any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances.

Amended by Stats. 2022, Ch. 273, Sec. 1. (AB 1672) Effective January 1, 2023.

Except as provided in Section 116033, “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 minimum qualifications, current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department, 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.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

(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).

Amended by Stats. 2022, Ch. 273, Sec. 2. (AB 1672) Effective January 1, 2023.

(a)Except as provided in subdivision (b), 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 current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department. In addition, these persons shall be certified in standard first aid and cardiopulmonary resuscitation (CPR). All 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:

(1)When one or more aquatic instructors possessing the current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or the equivalent, are in attendance continuously during periods of aquatic instruction.
(2)When one or more lifeguards meeting the requirements of Section 116028 are in attendance continuously during periods of aquatic instruction.
(b)If there is a staffing shortage where a local public agency pool operator, acting in good faith, is unable to maintain required staffing levels to maintain regular operating hours, the local public agency may use qualified lifeguard personnel, as defined in subdivision (c), to provide lifeguard services at a public swimming pool,

if both requirements are met:

(1)The public agency is recognized by the United States Lifesaving Association (USLA) as a certified agency capable of administering an ongoing training program.
(2)The legislative body of the public agency makes a finding by resolution stating the use of qualified lifeguard personnel is needed for a time period no longer than 12 months in order to maintain regular operating hours of public swimming pools.
(c)As used in this section, “qualified lifeguard personnel”

means a public agency lifeguard who has received and maintains USLA training from a certified agency, is certified in standard first aid and cardiopulmonary resuscitation, and has received additional public swimming pool-specific crossover training, provided by personnel certified by a national training agency, including treatment of spinal injuries, floatation device use techniques, pool extraction and extrication techniques, and submerged rescue techniques.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

The department has supervision of sanitation, healthfulness, and safety of public swimming pools.

Added by Stats. 2025, Ch. 387, Sec. 6. (AB 1005) Effective January 1, 2026.

The Legislature finds and declares both of the following:

(a)In California, drowning is the leading cause of death for children 4 years of age and younger, the second leading cause of death for children 5 to 14 years of age, inclusive, and the third leading cause of death for teenagers and youth 15 to 24 years of age, inclusive.
(b)Swim instruction provided by persons who are qualified and certified pursuant to Section 116033 increases swim skills and water competency, the development of which is both well established through evidence-based research to have an impact on reducing drowning and is declared an essential

component of California’s actions toward preventing drowning for all ages of children and adults.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

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.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

Every person operating or maintaining a public swimming pool must do so in a sanitary, healthful and safe manner.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

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.

Amended by Stats. 2018, Ch. 270, Sec. 2. (AB 1766) Effective January 1, 2019.

(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)Every public swimming pool that is required to provide lifeguard services and that charges a direct fee, as defined in subdivision (e), shall provide on its premises an Automated External Defibrillator (AED) unit. The AED unit shall be readily available during pool operations.
(c)(1) In order to ensure public safety, a person or entity that acquires an AED pursuant to these provisions shall comply with Section 1797.196.
(2)Pursuant to subdivision (d) of Section 1714.21 of the Civil Code, a person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the AED.
(3)Pursuant to subdivision (b) of Section 1714.21 of the Civil Code, a volunteer who in good faith renders emergency care or treatment at the scene of an emergency with the use of an AED that is provided under this section shall not be liable for any civil damages resulting from any acts or omissions in rendering the emergency care,

subject to the limitation in subdivision (e) of that section.

(d)For purposes of this section, a complex of two or more proximate pools that charges a single fee for admission to all of those pools shall be considered one single public swimming pool.
(e)For purposes of this section, the following definitions shall apply:
(1)“Direct fee” 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.
(2)“Public swimming pool” means any public swimming pool defined in Section 116025 that is open to the public.

Added by Stats. 2018, Ch. 270, Sec. 3. (AB 1766) Effective January 1, 2019.

(a)The State Department of Education, in consultation with the State Department of Public Health, shall issue best practices guidelines related to pool safety at K–12 schools.
(b)Guidelines promulgated pursuant to this section that relate to the use or placement of automated external defibrillators shall be consistent with the requirements imposed under Section

1797.196, and shall include a reference to Section 49417 of the Education Code for purposes of providing information to schools about the liability protections and funding mechanisms provided in that section.

Amended (as amended by Stats. 2012, Ch. 181, Sec. 77) by Stats. 2013, Ch. 605, Sec. 46. (SB 752) Effective January 1, 2014.

(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.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

(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.

Amended by Stats. 1998, Ch. 426, Sec. 2. Effective September 11, 1998.

(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.

Amended by Stats. 2006, Ch. 538, Sec. 435. Effective January 1, 2007.

Except as provided in Section 18930, the department shall make and enforce regulations pertaining to public swimming pools as it deems proper and 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 for the purposes described in this section.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

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.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

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.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

The department may publish the reports of inspections.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

Any public swimming pool constructed, operated, or maintained contrary to the provisions of this article is a public nuisance, dangerous to health.

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

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.

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