January 15th, 2018 at 9:51 am

Starting January 1, 2018, a new law requires a home inspection for the sale of one-to-four residential units to include a noninvasive physical examination of the pool or spa. Additionally, the home inspection report must identify which, if any, drowning prevention safety features the pool or spa is equipped with. The inspection report must also call out any pool or spa that does not have at least 2 of 7 acceptable safety features. 

This new law goes hand-in-hand with new requirements in the building permit process for constructing or remodeling a pool or spa. The law previously required only one of 7 specified drowning prevention safety features for obtaining final permit approval, whereas the new law requires at least 2 of the 7 safety features. The 7 safety features are as follows: (1) Enclosure; (2) Removable mesh fencing with a self-closing, self-latching, and lockable gate; (3) Pool cover; (4) Exit alarms on home’s doors for directly accessing the pool or spa; (5) Self-closing, self-latching device at least 4 ½ feet above the floor on the home’s doors for directly accessing the pool or spa; (6) Pool alarm for detecting unauthorized entry into the water; and (7) Other means of protection that is equally or more protective than the safety features listed above. The law sets forth additional specifications and requirements for each type of safety feature. Safety features are not required for obtaining a permit for a hot tub or spa with a locking safety cover (that is ASTM F1346 compliant).

According to the California Legislature, drowning is the second leading cause of death for California children from 1 to 4 years of age, and other children who nearly drown suffer irreversible brain injuries. These drowning prevention safety features can help deter young children from gaining unsupervised access to pools and spas.

Source: Senate Bill 442 (codified as California Business & Professions Code section 7195 and California Health & Safety Code sections 115922 and 115925).

Copyright© 2018 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of January 15, 2018. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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