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Contractors State License Board Advises Industry about New Law for Remodeling Homes with Swimming Pools

New regulation requires all home remodel jobs include installation of pool safety device.

Sacramento – The Contractors State License Board (CSLB) wants all contractors to be aware of a new law that went into effect on January 1, 2007. Assembly Bill 2977 (Chapter 478, Statutes of 2006) is also called the Swimming Pool and Spa Safety Act of 2006. A portion of this new law amended Section 115928 of the Health and Safety Code. This change will likely impact many contractors licensed by the CSLB. This section states, in relevant part:

  (d) Whenever a building permit is issued for the remodel or modification of a single family home with an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with an antientrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME)." (Emphasis Added)

The language of this new law places a responsibility on Building Departments to assure that permits for remodels or modifications will not be signed off for final inspection until there is some form of assurance that the required anti-entrapment cover is installed.

However, the law does not define what constitutes a modification. "A modification may be considered to be a re-roofing project or similar restoration work in someone's house," said Michael Brown, Chief of CSLB's Legislative Division. "On the other hand, an argument could also be made that a modification to a structure is far more substantial than a simple restoration project." The absence of a working definition for the term "modification" creates a dilemma that places Building Departments at a disadvantage. Given the health and safety issues of the legislation, they may necessarily give a broad interpretation to the term in an effort to make sure the law is obeyed.

So, contractors should be aware that Building Departments are likely to require that any building permit include the anti-entrapment device for a swimming pool on a single family dwelling, even though the project does not otherwise involve the pool.

Read more about the Assembly Bill 2977.

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