Cal. HSC § 1596.814 — California Code / Code hsc / Division 2 / Chapter 3.4 / Article 2 / Section 1596.814
Section 1596.814
Status: in_force

(a) A licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool on the premises shall comply with all of the following requirements:

(1) The swimming pool shall be equipped with, at minimum, the following drowning prevention safety features:

(A) An enclosure, including, but not limited to, a fence, wall, or other barrier that isolates the swimming pool from access to the family daycare home and has all of the following characteristics:

(i) An access gate that opens away from the swimming pool and is self-closing with a self-latching, key lockable device placed no lower than 60 inches above the ground.

(ii) A minimum height of 60 inches.

(iii) A maximum vertical clearance of two inches from the ground to the bottom of the enclosure.

(iv) No gaps or voids that can allow the passage of a sphere with a diameter equal to or greater than four inches.

(v) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child to climb over.

(vi) For mesh fencing that does not meet the above characteristics, the licensee must provide documentation that establishes the mesh fencing is compliant with the American Society for Testing and Materials (ASTM) International Standard F2286.

(B) In addition to the characteristics described in subparagraph (A), at least one of the following:

(i) (I) An approved safety pool cover that is manually or power operated and meets the performance standards of ASTM International Standard F1346-23.

(II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the cover is compliant with ASTM International Standard F1346-23.

(ii) (I) An alarm that, when placed in a swimming pool, will sound upon detecting an entrance into the water. The alarm shall be turned on and be in working condition during a facility’s operating hours while the swimming pool is not in use.

(II) A licensee shall maintain and make available for inspection, upon request by the department, documentation that establishes the alarm is compliant with ASTM International Standard F2208.

(2) The licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use:

(A) A life ring with a minimum exterior diameter of 17 inches and labeled as approved by the United States Coast Guard.

(B) A rescue pole with a body hook and a minimum fixed length of 12 feet.

(3) A licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the department upon request.

(4) Other safety requirements as determined necessary by the department in regulations, or as determined in statute.

(b) A licensed daycare center with an in-ground swimming pool on the premises shall comply with all of the following requirements:

(1) The swimming pool shall be equipped with at least one of the following drowning prevention safety features:

(A) An enclosure as described in subparagraph (A) of paragraph (1) of subdivision (a).

(B) If the swimming pool is indoors, a self-closing door that has either a self-latching device no lower than 60 inches above the ground, or requires a key card, code, or other means to restrict opening.

(2) The swimming pool shall have a second, redundant feature that prevents children in the daycare center from entering the pool area unattended.

(3) The licensee shall have the following safety equipment visible from the swimming pool and readily available for immediate use:

(A) A life ring with a minimum exterior diameter of 17 inches with a United States Coast Guard approval label.

(B) A rescue pole with a body hook and a minimum fixed length of 12 feet.

(4) The licensee shall perform a daily inspection of the drowning prevention safety features and safety equipment before opening the facility and maintain a log of the inspections to be provided to the department upon request.

(5) Other safety requirements as determined necessary by the department in regulations, or as determined in statute.

(c) The department shall adopt regulations implementing this section, in addition to regulations implementing drowning prevention safety standards for other bodies of water located at daycare facilities regulated by the department and not specified in this section, by January 1, 2027.

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, make specific, and administer the changes made by this section by means of written directives that shall have the same force and effect as regulations, until January 1, 2027.