reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 8 - Radiation Control Law › ARTICLE 18 - Radionuclide Air Contaminants › Section 115271.4.

115271.4. (a)  Except as provided in subdivision (b), the regulations found in Subpart H (commencing with Section 61.90) of, and in Subpart I (commencing with Section 61.100) of, Part 61 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and Appendixes B, D, and E of Part 61 (commencing with Section 61.01) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and Appendix A of Part 60 (commencing with Section 60.01) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations shall be deemed to be the regulations of the department for purposes of the regulation of radionuclide air emissions. Except for Sections 61.93 and 61.103 of Title 40 of the Code of Federal Regulations, any reference to the Environmental Protection Agency, or any division thereof, in those regulations shall be deemed to be a reference to the department. The department may amend those regulations in whole or in part pursuant to subdivision (b) or (c).
(b) (1)  The department shall evaluate any proposed amendment to the federal regulations specified in subdivision (b) of Section 115271 and in subdivision (a) of this section that becomes effective on or after January 1, 1997.
(2)  The department shall publish a notice in the California Regulatory Notice Register indicating that the amendment has been adopted by the Environmental Protection Agency as a final rule. The notice shall include the citation to the Federal Register or the Code of Federal Regulations related to the amendment. The notice shall also include the department’s determination regarding whether the amendment is more stringent, equivalent to, or less stringent than, current state law or regulation.
(3)  If the department determines that the amended federal regulation would be equivalent to, or more stringent than, state law or regulation, the amended federal regulation shall be deemed to be a regulation of the department on the date that is 90 days from the effective date of the amendment of the federal regulation or the publication of the notice required by paragraph (2), whichever date is later.
(c)  In addition to the adoption of federal regulations as department regulations pursuant to this article, the department may adopt any other regulation that it determines to be necessary to establish, implement, and enforce a program for the regulation of radionuclide air emissions, consistent with the federal act.
(d)  The department may charge each owner or operator of a facility emitting radionuclides into the air, which is subject to Section 61.90 or 61.100 of Title 40 of the Code of Federal Regulations, an annual fee to pay the costs of implementing this article. The department shall deposit the fees in the Radiation Control Fund, for expenditure, upon appropriation by the Legislature, for the implementation of this article.
(Added by Stats. 1996, Ch. 752, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 8 - Radiation Control Law › ARTICLE 19 - Radioactive Waste Reduction › Section 115273.

115273. In implementing this chapter, the department, consistent with other requirements imposed by this chapter to protect public health and safety, shall promote the reduction of low-level radioactive waste generated, both in volume and radioactivity, by encouraging waste reduction practices, including, but not limited to, all of the following:
(a)  The minimization of waste produced by employing best practices to reduce the amount of contaminated materials;
(b)  The substitution and use of nonradioactive materials or radioactive materials with shorter radioactive half-lives; and
(c)  The compaction of low-level radioactive waste to reduce the volume of waste that must be transported and disposed of in the state.
(Added by Stats. 2002, Ch. 513, Sec. 6. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 9 - Nuclear Powerplant Radiation › Section 115275.

115275. It is the intent of the Legislature that in the event of a nuclear accident timely and effective communications between the operators of nuclear powerplants in California and those state and local officials charged with nuclear emergency response activities be assured.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 9 - Nuclear Powerplant Radiation › Section 115280.

115280. (a) Each privately owned and publicly owned public utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more shall install an automated alert system that will activate alarms in the California State Warning Center of the Office of Emergency Services in a manner to be determined by the office in consultation with the department and the appropriate county emergency services agency. This automated alert system shall duplicate the following alarms in the control rooms of each nuclear powerplant:
(1) Safety injection actuation (operation of the emergency core cooling system).
(2) High radiation alarm of the radioactive gas effluent stack monitor.
(b) The automated alert system shall be operative within 12 months of the effective date of this chapter.
(c) In no event shall the capital costs of complying with this section exceed two hundred thousand dollars ($200,000) per nuclear powerplant. The operator of each nuclear powerplant shall be responsible for any maintenance or recurring charges. The funds expended by privately owned utilities under this section shall be allowed for ratemaking purposes by the Public Utilities Commission. Publicly owned public utilities shall include funds expended under this section in their rates.
(d) The automated alert system shall be operational whenever corresponding alarms in the control rooms of each nuclear powerplant are required to be operational under the terms of the operating license issued by the Nuclear Regulatory Commission, except for periods of time required for maintenance, repair, calibration, or testing.
(e) Nothing in this section shall require plant modifications or the conduct of operations that may be in conflict with conditions of a license to operate issued by the Nuclear Regulatory Commission or other activities authorized by the Nuclear Regulatory Commission.
(f) The Office of Emergency Services shall make provision for immediate notification of appropriate local officials upon activation of the automated alert system pursuant to this section.
(Amended by Stats. 2013, Ch. 352, Sec. 392. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 9 - Nuclear Powerplant Radiation › Section 115285.

115285. Nothing in this chapter shall relieve nuclear powerplant operators of their responsibilities to notify local authorities as otherwise provided by law.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 9 - Nuclear Powerplant Radiation › Section 115290.

115290. Failure to comply with any provision of this chapter shall not constitute the basis for an action in a court of law or administrative proceeding to enjoin or prevent the operation or start-up of a nuclear facility.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 9 - Nuclear Powerplant Radiation › Section 115295.

115295. If the Humboldt Bay Nuclear Generating Station is not in operation on the effective date of this section, the local emergency plan for it shall not be required to meet the revised emergency response plan requirements of Section 8610.5 of the Government Code until the Nuclear Regulatory Commission determines that the powerplant meets Nuclear Regulatory Commission seismic safety criteria, or until the Nuclear Regulatory Commission issues an order rescinding the restrictions imposed on the Humboldt Bay Nuclear Generating Station in its order of May 21, 1976.
In the event that the Nuclear Regulatory Commission determines that the Humboldt Bay Nuclear Generating Station meets Nuclear Regulatory Commission seismic safety standards, or issues an order rescinding the restrictions in its order of May 21, 1976, a draft county emergency plan meeting the requirements of Section 8610.5 of the Government Code shall be submitted to the Office of Emergency Services for review within 180 days of the determination or rescission. Within 90 days after submission of the draft county emergency plan, approval of a final plan shall be completed by the Office of Emergency Services.
(Amended by Stats. 2013, Ch. 352, Sec. 393. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 12 - Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies › Section 115340.

115340. (a) The State Department of Health Care Services shall work with the KI working group, which is coordinated by the Office of Emergency Services, to establish and implement a program to oversee the distribution of potassium iodide (KI) tablets to all persons who reside, work, visit, or attend school within the state-designated emergency planning zone of an operational nuclear powerplant, in order to provide protection to members of the public in the event of an accident causing leakage of radioactive iodine, pursuant to the offer of the Nuclear Regulatory Commission to provide the state with a supply of KI tablets.
(b) In order to implement the program required by subdivision (a), the department, in consultation with local health departments and local emergency management agencies, shall develop and implement a plan for both of the following:
(1) The prompt distribution of the tablets to persons at risk in the event of a nuclear emergency, in a manner to best protect the public health.
(2) The dissemination of instructions on the use of the tablets, including the possible need for medical consultation, if indicated.
(c) The department shall work with the KI working group described in subdivision (a) to develop and implement a plan and method for the efficient storage of KI tablets.
(d) The department, in consultation with the KI working group, shall evaluate areas in the state, other than those described in subdivision (a), in which leakage of radioactive iodine is possible, and evaluate the need to store quantities of KI tablets in those areas.
(e) No later than July 1, 2004, the department shall submit a plan to the Governor and the Legislature on the establishment and implementation of the program required pursuant to subdivisions (a) and (b), and on the development and implementation of the plan and method required in subdivision (c). No later than July 1, 2004, the department shall also submit to the Governor and the Legislature the evaluation required in subdivision (d).
(Amended by Stats. 2013, Ch. 352, Sec. 394. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 12 - Protection from Effects of Exposure to Radioactive Iodine in Nuclear Emergencies › Section 115342.

115342. This chapter shall be implemented only to the extent that funds are appropriated for the purposes of this chapter in the annual Budget Act or another measure.
(Added by Stats. 2002, Ch. 852, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9.5 - ABANDONED EXCAVATIONS › Section 115705.

115705. The board of supervisors may order securely covered, filled, or fenced abandoned mining excavations on unoccupied public lands in the county.
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9.5 - ABANDONED EXCAVATIONS › Section 115710.

115710. The board of supervisors shall order securely fenced, filled, or covered any abandoned mining shaft, pit, or other excavation on unoccupied land in the county whenever it appears to them, by proof submitted, that the excavation is dangerous or unsafe to man or beast. The cost of covering, filling, or fencing is a county charge.
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9.5 - ABANDONED EXCAVATIONS › Section 115715.

115715. Every person who maliciously removes or destroys any covering or fencing placed around, or removes any fill placed in, any shaft, pit, or other excavation, as provided in this part, is guilty of a misdemeanor.
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9.5 - ABANDONED EXCAVATIONS › Section 115720.

115720. This part is not applicable to any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation that contains a surface area of more than one-half acre.
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 4 - Safe Recreational Land Use › ARTICLE 1 - Playgrounds › Section 115730.

115730. (a)  The State Department of Social Services shall convene a working group to develop recommendations for minimum safety requirements for playgrounds at child care centers.
(b) The working group shall include, but not be limited to, child care center operators, including representatives of the Professional Association for Childhood Education, the California Child Care Health Program, the Children’s Advocacy Institute, the State Department of Public Health, and certified playground inspectors.
(c) The working group shall use the national guidelines published by the United States Consumer Product Safety Commission and those regulations adopted pursuant to this article as a reference in developing its recommendations. However, the State Department of Social Services shall determine minimum safety requirements that are protective of child health on playgrounds at child care centers.
(d) The working group shall submit its playground safety recommendations to the State Department of Social Services by September 1, 2001.
(e) The working group shall submit its recommendations to the Legislature by November 1, 2001.
(f) This section shall be construed as a continuation of former Section 115736.
(Amended (as added by Stats. 2006, Ch. 470) by Stats. 2007, Ch. 483, Sec. 27. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 4 - Safe Recreational Land Use › ARTICLE 1 - Playgrounds › Section 115735.

115735. This article shall become operative on January 1, 2008.
(Repealed (in Sec. 1) and added by Stats. 2006, Ch. 470, Sec. 2. Effective January 1, 2007. Note: This section prescribes a delayed operative date for Article 1, commencing with Section 115725.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 4 - Safe Recreational Land Use › ARTICLE 2 - Wooden Playground Equipment › Section 115775.

115775. (a)  No state funds shall be used by any state agency, onsite employee child care center for state employees, city, county, city and county, district, superintendent of schools, school district, or community college district to purchase wooden playground or recreational equipment where there is a likelihood of contact by children and when the equipment has been treated with any of the following substances:
(1)  Pentachlorophenol.
(2)  Creosote.
(3)  Arsenic, elemental arsenic, or arsenic copper combination, unless the wood is treated with a nontoxic and nonslippery sealer and the seller certifies that the wood is treated in accordance with commodity standard C-17 for playground equipment as adopted by the American Wood-Preservers Association.
(b)  The state or any city, county, city and county, district, superintendent of schools, school district, community college district, or onsite employee child care center for state employees that receives education or parks and recreation funds from the state shall not use any portion of these funds for the maintenance or upkeep of any wooden structures treated with any of the substances that are prohibited from purchase pursuant to subdivision (a) and where there is a likelihood of contact by children, unless the state, city, county, city and county, superintendent of schools, school district, district, community college district, or onsite employee child care center for state employees treats the wooden structures with nontoxic and nonslippery sealers and reseals the treated structure in accordance with subdivision (c).
(c)  The installer of any wooden playground or recreational equipment that will be available for public use and that has been treated with a substance listed in paragraph (3) of subdivision (a) shall seal the structures with a nontoxic and nonslippery sealant prior to, or at the time of, the installation of the equipment. After the equipment that is available for public use has been sealed pursuant to this subdivision, the owner of the equipment shall reseal the treated equipment every two years thereafter with a nontoxic and nonslippery sealant.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115825.

115825. (a) It is hereby declared to be the policy of this state that multiple use should be made of all public water within the state, to the extent that multiple use is consistent with public health and public safety.
(b) Except as provided in this article, recreational uses shall not, with respect to a reservoir in which water is stored for domestic use, include recreation in which there is bodily contact with the water by any participant.
(Amended by Stats. 2004, Ch. 519, Sec. 1. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115830.

115830. All water supply reservoirs of a public agency, whether heretofore or hereafter constructed, shall be open for recreational use by the people of this state, subject to the regulations of the department.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115835.

115835. Unless the context otherwise requires, the following definitions shall control the construction of this article:
(a)  “Multiple use” includes domestic, industrial, agricultural, and recreational uses.
(b)  “Public agency” means the state or any city, other than a chartered city, county, public district, or other public institution.
(c)  “Reservoir” does not include ditches, canals, or any similar type of water distributing facility.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115840.

115840. (a)  In San Diego County, recreational uses shall not, with respect to a reservoir in which water is stored for domestic use, include recreation in which there is bodily contact with the water by any participant, unless both of the following conditions are satisfied:
(1)  The water subsequently receives complete water treatment, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes.
(2)  The reservoir is operated in compliance with regulations of the department, as provided in Section 115830.
(b)  The recreational use may be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, if the conditions and restrictions do not conflict with regulations of the department and are designed to further protect or enhance the public health and safety.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115841.

115841. Recreational activity in which there is bodily contact with the water by any participant shall continue to be allowed in Nacimiento Reservoir in accordance with all of the following requirements :
(a)  Any agency that removes water from the reservoir for domestic use shall comply with any, or at a minimum, one of the following with regard to the water removed:
(1)  The water subsequently receives complete water treatment in compliance with all applicable department regulations, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes.
(2)  The water is discharged in a manner that allows percolation into a subsurface groundwater basin for subsequent extraction from only those groundwater wells that have been determined by the department not to be under the influence of surface water pursuant to Chapter 17 (commencing with Section 64650) of Division 4 of Title 22 of the California Code of Regulations and subsequently receives disinfection and complies with all applicable department regulations before being used for domestic purposes.
(3)  The water is discharged in a manner that allows percolation into a subsurface groundwater basin for subsequent extraction from groundwater wells under the influence of surface water that receives treatment pursuant to Chapter 17 (commencing with Section 64650) of Division 4 of Title 22 of the California Code of Regulations and complies with all applicable department regulations.
(b)  The reservoir is operated in compliance with regulations of the department.
(c)  The water stored for domestic purposes that may be excepted from the requirements of subdivision (b) of Section 115825 is removed from the reservoir by an agency for domestic purposes only in San Luis Obispo County and only in an amount for which that agency has a contractual right.
(Added by Stats. 1997, Ch. 524, Sec. 2. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115842.

115842. (a) Recreational activity in which there is bodily contact with the water by any participant is allowed in the Sly Park Reservoir provided that all of the following conditions are satisfied:
(1) The water shall receive complete water treatment, including coagulation, flocculation, sedimentation, filtration, and disinfection; or alternative treatment that complies with all applicable department regulations and requirements. Such treatment shall, at a minimum, comply with all state laws and department regulations and all federal laws and regulations, including, but not limited to, the federal Environmental Protection Agency Long-Term 2 Enhanced Surface Water Treatment regulations. Nothing in this division shall limit the state or the department from imposing more stringent treatment standards than those required by federal law.
(2) The El Dorado Irrigation District conducts a monitoring program for E. coli, bacteria and giardia, and cryptosporidium organisms at various reservoir locations and at a frequency determined by the department.
(3) The reservoir is operated in compliance with regulations of the department.
(b) The recreational use of that reservoir shall be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir, or by the department, that are required to further protect or enhance the public health and safety and do not conflict with regulations of the department.
(c) The El Dorado Irrigation District shall file, on or before January 1, 2005, with the department, a report on the recreational uses at Sly Park Reservoir and the water treatment program for that reservoir. That report shall include, but is not limited to, providing all of the following information:
(1) The estimated levels and types of recreational uses at the reservoir on a monthly basis.
(2) A summary of available monitoring in Sly Park Reservoir watershed for giardia and cryptosporidium.
(3) The sanitary survey of the watershed and water quality monitoring plan.
(4) An evaluation, as prescribed by the department, to determine the impact on source water quality due to recreational activities on Sly Park Reservoir, including any microbiological monitoring.
(5) The reservoir management plan and the operations plan.
(6) The annual water reports submitted to the consumers each year.
(d) The department shall prescribe the degree of treatment including, but not limited to, treatment processes necessary to abate any increased hazards resulting from body contact recreation based on information provided in the report filed pursuant to subdivision (c).
(Amended by Stats. 2005, Ch. 252, Sec. 1. Effective September 22, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115845.

115845. The public agency operating any water supply reservoir that is open for recreational use pursuant to this article may charge a use fee to cover the cost of policing the area around the reservoir, including the cost of providing the necessary sanitary facilities and other costs incidental to the recreational use of the reservoir.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 1 - Recreational Use of Reservoirs › Section 115850.

115850. This article does not apply to terminal reservoirs for the supply of domestic water.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115875.

115875. For the purposes of this article, the following terms have the following meanings:
(a) “Public beach” means any beach area used by the public for recreational purposes that is owned, operated, or controlled by the state, any state agency, any local agency, or any private person in this state, and is located in the coastal zone, as defined in Section 30103 of the Public Resources Code, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as set forth in Section 66610 of the Government Code.
(b) “Board” means the State Water Resources Control Board.
(c) “Department” means the State Department of Public Health.
(d) “Health officer” means the legally appointed local health officer or director of environmental health of the county or city having jurisdiction of the area in which a public saltwater beach is located.
(Amended by Stats. 2011, Ch. 592, Sec. 1. (SB 482) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115881.

115881. (a) Commencing January 1, 2012, the board shall be responsible for all of the following:
(1) Directing the monitoring required to be conducted by Section 115880.
(2) Establishing and reviewing monitoring protocols, site locations, and monitoring frequencies consistent with Section 115880.
(3) Identifying options for funding the monitoring needed to fulfill the requirements of Section 115880, including options for integrating and streamlining existing monitoring programs or requirements associated with waste discharge requirements, total maximum daily load implementation, or other monitoring programs. If a regional board or state board issues waste discharge requirements that require monitoring to meet the requirements set forth in paragraph (1) of subdivision (c) of Section 115880, the monitoring shall only be required to the extent that the discharge has the potential to cause or contribute to exceedances of the standards established pursuant to paragraph (2) of subdivision (c) of Section 115880. Nothing in this section shall preclude any discharger from voluntarily participating in monitoring necessary to meet the requirements of Section 115880.
(b) The establishment and review of monitoring protocols, site locations, and monitoring frequencies by the board pursuant to this section shall be done in consultation with the department and local health officers, but shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Until June 30, 2016, not more than one million eight hundred thousand dollars ($1,800,000) of the funds collected annually pursuant to Section 13260 of the Water Code may be used, upon appropriation by the Legislature, as a funding source for the implementation of this article.
(d) Any duty imposed upon a local public officer or agency pursuant to this section and Section 115880 shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the board, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The board shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.
(Added by Stats. 2011, Ch. 592, Sec. 3. (SB 482) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115890.

115890. Prior to restricting the use of or closing a public beach or portion thereof alleged to be in violation of standards, the health officer or the department as the case may be, shall give reasonable notice of the violation to the owner of, or person or agency in charge of, the beach.
(Amended by Stats. 2011, Ch. 592, Sec. 5. (SB 482) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115895.

115895. Any private person who violates any regulation adopted by the department pursuant to Section 115880 is guilty of a misdemeanor.
(Amended by Stats. 2011, Ch. 592, Sec. 6. (SB 482) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115910.

115910. (a) On or before the 15th day of each month, each health officer shall submit to the board a survey documenting all beach postings and closures resulting from implementation of Section 115915 that occurred during the preceding month. The survey shall, at a minimum, include the following information:
(1) Identification of the beaches in each county subject to testing conducted pursuant to Section 115885 and the amount and types of monitoring conducted at each beach.
(2) Identification of the geographic location, areal extent, and type of action taken for each incident of posting or closure conducted pursuant to Section 115915. Geographic location and areal extent shall be noted in sufficient detail to determine on a common map, or by latitude and longitude, the approximate boundaries of the affected beaches.
(3) Identification of the standards exceeded and the causes and sources of the pollution, if known. Exceeded standards shall be identified with sufficient particularity to determine which types of tests and biological indicators were used to determine that an exceeded standard exists. Causes of pollution shall be identified with sufficient particularity to determine what substances, in addition to any water carrying the substances, were responsible for the exceeded standard. Sources shall be identified with sufficient particularity to determine the most specific geographical origin of the pollution sources available to the health officer at the time of the posting or closure.
(b) Surveys conducted pursuant to subdivision (a) shall be in a specific format established by the board on or before February 1, 2001. The board shall make the format easily accessible to the health officer through means that will enable the health officer to most effectively carry out the requirements of this section and enable the board to develop consistent, statewide data concerning the effect and status of beach postings and closures in a particular calendar year.
(c) On or before the 30th day of each month, the board shall make available to the public the information provided by the health officers. Based upon the data provided pursuant to subdivision (a), the report shall, at a minimum, include the location and duration of each beach closure and the suspected sources of the contamination that caused the closure, if known.
(d) The board shall continuously post and update on its Web site, but at a minimum, annually on or before July 30, information documenting the beach posting and closure data provided to the board by the health officers including the location and duration of each beach closure and the suspected sources of the contamination that caused the closure, if known.
(Amended by Stats. 2004, Ch. 644, Sec. 26. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2 - Public Beaches › Section 115915.

115915. (a) Whenever any public beach fails to meet the bacteriological standards established pursuant to subdivision (b) of Section 115880, the health officer shall, at a minimum, post the public beach with conspicuous warning signs to inform the public of the nature of the problem and the possibility of risk to public health.
(b) A warning sign shall be visible from each legal primary public beach access point, as identified in the coastal access inventory prepared and updated pursuant to Section 30531 of the Public Resources Code, and any additional access points identified by the health officer.
(c) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within 15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.
(Amended by Stats. 2011, Ch. 592, Sec. 9. (SB 482) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115920.

115920. This act shall be known and may be cited as the Swimming Pool Safety Act.
(Added by Stats. 1996, Ch. 925, Sec. 3.5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115921.

115921. As used in this article the following terms have the following meanings:
(a) “Swimming pool” or “pool” means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. “Swimming pool” includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
(b) “Public swimming pool” means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home.
(c) “Enclosure” means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
(d) “Approved safety pool cover” means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.
(e) “Exit alarms” means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.
(f) “ANSI/APSP performance standard” means a standard that is accredited by the American National Standards Institute (ANSI) and published by the Association of Pool and Spa Professionals (APSP).
(g) “Suction outlet” means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump.
(Amended by Stats. 2012, Ch. 679, Sec. 1. (AB 2114) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115922.

115922. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(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).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.
(Amended by Stats. 2017, Ch. 670, Sec. 4. (SB 442) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115923.

115923. An enclosure shall have all of the following characteristics:
(a)  Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground.
(b)  A minimum height of 60 inches.
(c)  A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.
(d)  Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.
(e)  An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
(Added by Stats. 1996, Ch. 925, Sec. 3.5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115924.

115924. (a) Any person entering into an agreement to build a swimming pool or spa, or to engage in permitted work on a pool or spa covered by this article, shall give the consumer notice of the requirements of this article.
(b) Pursuant to existing law, the Department of Health Services shall have available on the department’s Web site, commencing January 1, 2007, approved pool safety information available for consumers to download. Pool contractors are encouraged to share this information with consumers regarding the potential dangers a pool or spa poses to toddlers. Additionally, pool contractors may provide the consumer with swimming pool safety materials produced from organizations such as the United States Consumer Product Safety Commission, Drowning Prevention Foundation, California Coalition for Children’s Safety & Health, Safe Kids Worldwide, Association of Pool and Spa Professionals, or the American Academy of Pediatrics.
(Amended by Stats. 2006, Ch. 478, Sec. 3. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115925.

115925. The requirements of this article do not apply to any of the following:
(a) Public swimming pools.
(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing and Materials (ASTM F1346).
(c) An apartment complex, or any residential setting other than a single-family home.
(Amended by Stats. 2017, Ch. 670, Sec. 5. (SB 442) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115926.

115926. This article does not apply to any facility regulated by the State Department of Social Services even if the facility is also used as the private residence of the operator. Pool safety in those facilities shall be regulated pursuant to regulations adopted therefor by the State Department of Social Services.
(Added by Stats. 1996, Ch. 925, Sec. 3.5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115927.

115927. Notwithstanding any other provision of law, this article shall not be subject to further modification or interpretation by any regulatory agency of the state, this authority being reserved exclusively to local jurisdictions, as provided for in paragraph (7) of subdivision (a) of Section 115922 and subdivision (c) of Section 115925.
(Amended by Stats. 2018, Ch. 957, Sec. 13. (SB 1078) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 10 - RECREATIONAL SAFETY › CHAPTER 5 - Safe Recreational Water Use › ARTICLE 2.5 - The Swimming Pool Safety Act › Section 115928.

115928. Whenever a building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:
(a) (1) The suction outlets of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa as prescribed in paragraphs (2) and (3).
(2) The swimming pool or spa shall either have at least two circulation suction outlets per pump that shall be hydraulically balanced and symmetrically plumbed through one or more “T” fittings, and that are separated by a distance of at least three feet in any dimension between the suction outlets, or be designed to use alternatives to suction outlets, including, but not limited to, skimmers or perimeter overflow systems to conduct water to the recirculation pump.
(3) The circulation system shall have the capacity to provide a complete turnover of pool water, as specified in Section 3124B of Chapter 31B of the California Building Standards Code (Title 24 of the California Code of Regulations).
(b) Suction outlets shall be covered with antientrapment grates, as specified in the ANSI/APSP-16 performance standard or successor standard designated by the federal Consumer Product Safety Commission, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.
(c) Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in subdivisions (a) and (b) shall meet the standards as published in the document, “Guidelines for Entrapment Hazards: Making Pools and Spas Safer,” Publication Number 363, March 2005, United States Consumer Product Safety Commission.
(Amended by Stats. 2012, Ch. 679, Sec. 2. (AB 2114) Effective January 1, 2013.)