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Changes in the CA:
I asked Joseph W. Denneler our resident expert on all things regulatory and this is what he had to say about the CA changes:
Yes I have. They’re burning up
the phone lines.
There is a direct reference in
the preamble to how the Bill affects home inspections. It provides: “Existing
law defines terms related to paid home inspections in connection with the
transfer of real property, establishes a standard of care for home inspectors,
and prohibits certain inspections in which the inspector or the inspector’s
employer, as specified, has a financial interest. This bill would, as part of
the definition of home inspection for the transfer of real property, specify
that an appropriate inspection of real property with a swimming pool or spa
would include noninvasive physical examination of the pool or spa and dwelling
for the purpose of identifying which, if any, of the 7 specified drowning
prevention safety features the pool or spa is equipped. The bill would also
require that the information be included in the home inspection report, as
specified”
They are amending the provisions
of the California Business and Professions Code, §7195-7199 relating to home
inspections by adding the following related to the scope of a home inspection:
“2) In connection with the
transfer, as defined in subdivision (e), of real property with a swimming pool
or spa, an appropriate inspection shall include a noninvasive physical
examination of the pool or spa and dwelling for the purpose of identifying
which, if any, of the seven drowning prevention safety features listed in
subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa
is equipped.”
They are also amending the
definition of a home inspection report as follows:
“(c) A “home inspection report”
is a written report prepared for a fee and issued after a home inspection. The
report clearly describes and identifies the inspected systems, structures, or
components of the dwelling, any material defects identified, and any
recommendations regarding the conditions observed or recommendations for
evaluation by appropriate persons. In a dwelling with a pool or spa, the report
shall identify which, if any, of the seven drowning prevention safety features
listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool
or spa is equipped with and shall specifically state if the pool or spa has
fewer than two of the listed drowning prevention safety features.”
The “seven drowning prevention
safety features” are as follows:
“(1) An enclosure that
meets the requirements of Section 115923 and isolates the swimming pool or spa
from the private single-family home.
(2) Removable mesh fencing
that meets American Society for Testing and Materials (ASTM) Specifications
F2286 standards in conjunction with a gate that is self-closing and
self-latching and can accommodate a key lockable device.
(3) An approved safety
pool cover, as defined in subdivision (d) of Section 115921.
(4) Exit alarms on the
private single-family home’s doors that provide direct access to the swimming
pool or spa. The exit alarm may cause either an alarm noise or a verbal
warning, such as a repeating notification that “the door to the pool is open.”
(5) 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.
(6) An alarm that, when
placed in a swimming pool or spa, will sound upon detection of accidental or
unauthorized entrance into the water. The alarm shall meet and be independently
certified to the ASTM Standard
F2208 “Standard Safety
Specification for Residential Pool Alarms,” which includes surface motion,
pressure, sonar, laser, and infrared type alarms. A swimming protection alarm
feature designed for individual use, including an alarm attached to a child
that sounds when the child exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety feature.
(7) 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 and has been independently
verified by an approved testing laboratory as meeting standards for those
features established by the ASTM or the American Society of Mechanical
Engineers (ASME).”
Based on my quick review, it
appears that they are not adding a pool inspection, per se, as there is no
addition of requirements related to function of the pool and its connected
systems and components. Rather, you must determine which, if any, of the seven
items above are present and specifically advise your client when less than two
of the seven are present. Every pool must have at least two of those seven
safety features or a detailed statement that it is lacking at least two. The
bill doesn’t seem to address whether or not we have to test whether the seven
safety systems present are functioning properly Based on the specific language
of the bill I do not think that is the case, but I would prefer to consider
that issue in more detail before giving an opinion.
Hope that helps.
Joe D.
Joseph W. Denneler, Esquire
SALMON, RICCHEZZA, SINGER & TURCHI, LLP
Tower Commons
123 Egg Harbor Road - Suite 406
Sewell, NJ 08080
(856) 842-0731 (direct)
(856) 354-8074 (main)
(856) 354-8075 (fax)
jdenneler@srstlaw.com
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and -
1601 Market Street
Suite 2500
Philadelphia, PA 19103
(215) 606-6600 (main)
(215) 606-6601 (fax)
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