Burrrrr, it's cold. It's been chilly here in the desert lately. Probably not planning on taking a plunge in your backyard pool anytime soon. But if you're planning on a remodel of an existing or construction of a new pool, check out the new law.
There's an update to the swimming pool safety act effective January 1, 2018.
You may or may not remember an email that I sent a little over a year ago about the residential swimming pool law in California. If you want to read it, click
here.
And here's a little refresher. 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 one of 7 drowning prevention safety features.
The safety features include a variety of barriers, pool covers,
alarms, etc. For the complete list click here.
So in other words when you find yourself in the position of a swimming pool construction or remodel, and you have to choose one drowning prevention safety feature, it
doesn't even have to be a fence. AAAAHHHHH!!!!
A perfectly maintained climb-resistant mesh fence with a self-closing and self-latching gate is the best defense against drowning.
But it also shouldn't be the only safety feature in place. The more layers of protection, the better.
Appropriately I decided to take it upon myself to try to change the law so that a fence or barrier is mandatory. It didn't go well for me. Let's just say; I got nowhere with it.
“When the families of victims came to me with ways to improve the outdated pool safety act, and thereby prevent others
from experiencing the tragedies they had endured through the drowning or near-drowning of a child, I was moved to act. Residential pool drownings can be prevented, and SB 442 will go far toward reducing the pain and costs associated with pool drownings.”
“Requiring an additional safety feature on residential pools will significantly reduce incidents of drowning and drowning-related injuries. I commend and thank
Governor Brown for signing this bill.”
The new law as of January 2018 requires two drowning prevention safety features now instead of just the one.
And let me just preface by saying that it's an improvement but still not good enough in my opinion, since you still don't have to choose a fence. A FENCE HAS TO BE A REQUIREMENT!!! I TELL
YOU, IT JUST HAS TO BE!!!! It's the only way to make a real impact on the incidents of drowning.
Now I present to you the new requirements in short form. For the complete version click
here:
When a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
- An enclosure that isolates the swimming pool or spa from the
private single-family home.
- Removable mesh fencing with a gate that is self-closing and self-latching and can accommodate a key lockable device.
- An approved safety pool cover.
- 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, which includes surface motion, pressure, sonar, laser, and infrared type alarms.
- Other means of protection, if
the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above.
My thoughts on the new law.
So as you can see, you still don't have to install a fence if you don't want to.
AAAAHHHHHH!!!!!
How can
they not make a fence mandatory? It's reckless and irresponsible. Drowning is the number cause of accidental death for children under the age of five. And most of these drownings happen in backyard pools.
Imagine for a moment if you will where we live in a world where automobiles don't include any safety features.
And you, the buyer is required by law to
purchase at least two out of seven safety features for your shiny new vehicle. You would have to be out of your mind not to select seatbelts as one of the safety features.
A pool fence is like the seatbelt for your pool. It is entirely without a doubt the very best way to prevent drowning.
Again, if you ever find yourself in the position of having to choose two safety
features for your pool, please select the fence as option number one.
And as I noted above, make sure that it is a perfectly maintained climb-resistant mesh fence with a self-closing and self-latching gate that always closes and latches.
The more safety features in place, the better because nothing is 100%
effective.
So if one device fails you have multiple backups, since...
If you choose a pool cover as one of your safety features, I beg of you to also fence in your pool.
Let's transport ourselves back to that parallel universe where cars don't include any safety features.
Would you really just opt in for the
minimum safety requirements to satisfy the lawmakers? I doubt it, especially if you have children. You would do everything in your power to make sure that your vehicle was jam-packed with every safety feature known to man. So why not do the same for your pool?
Remember drowning is the number one cause of accidental death for children under the age of five, not traffic
incidents.
To Recap
If you have any thoughts on the subject or experiences that you would like to share, I would love to hear from you.