Today's Law As Amended

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AB-1766 Swimming pools: public safety.(2017-2018)



SECTION 1.

 The heading of Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code is amended to read:

Article  5. Swimming Pool Sanitation and Safety

SEC. 2.

 Section 116045 of the Health and Safety Code is amended to read:

116045.
 (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.

SEC. 3.

 Section 116046 is added to the Health and Safety Code, to read:

116046.
 (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.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.