BlackletterCalifornia law

PART 10. RECREATIONAL SAFETY [115725. - 116095.]

Part 10 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 115725–116095 · 89 sections

  1. CHAPTER 4. Safe Recreational Land Use §§ 115725–115800 · 5 sections
    1. ARTICLE 1. Playgrounds §§ 115725–115735 · 3 sections
      • § 115725 (a) All new playgrounds open to the public built by a public agency or any other entity shall conform to the playground-related standards set forth by the…
      • § 115730 (a) The State Department of Social Services shall convene a working group to develop recommendations for minimum safety requirements for playgrounds at child…
      • § 115735 This article shall become operative on January 1, 2008.
    2. ARTICLE 2. Wooden Playground Equipment §§ 115775–115800 · 2 sections
      • § 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,…
      • § 115800 (a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the park, unless that person is…
  2. CHAPTER 5. Safe Recreational Water Use §§ 115825–116090.7 · 79 sections
    1. ARTICLE 1. Recreational Use of Reservoirs §§ 115825–115850 · 11 sections
      • § 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…
      • § 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,…
      • § 115835 Unless the context otherwise requires, the following definitions shall control the construction of this article: (a) “Multiple use” includes domestic,…
      • § 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…
      • § 115840.5 (a) In the Modesto Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless both of the…
      • § 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…
      • § 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…
      • § 115843.5 (a) In the Canyon Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless both of the…
      • § 115843.6 (a) In the Bear Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless all of the…
      • § 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…
      • § 115850 This article does not apply to terminal reservoirs for the supply of domestic water.
    2. ARTICLE 2. Public Beaches §§ 115875–115915 · 8 sections
      • § 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…
      • § 115880 (a) The department shall, by regulation and in consultation with the board, local health officers, and the public, establish, maintain, and amend as necessary,…
      • § 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…
      • § 115885 (a) (1) A health officer having jurisdiction over an area in which a public beach is created shall do all of the following: (A) Inspect the public beach to…
      • § 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…
      • § 115895 Any private person who violates any regulation adopted by the department pursuant to Section 115880 is guilty of a misdemeanor.
      • § 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…
      • § 115915 (a) Whenever any public beach fails to meet the bacteriological standards established pursuant to subdivision (b) of Section 115880, the health officer shall,…
    3. ARTICLE 2.1. Priority Inland Water-Contact Recreation Sites § 115917 · 1 section
      • § 115917 (a) (1) On or before July 1, 2022, the council shall direct a new or existing working group to study water recreation hazards at priority water-contact…
    4. ARTICLE 2.5. The Swimming Pool Safety Act §§ 115920–115929 · 11 sections
      • § 115920 This act shall be known and may be cited as the Swimming Pool Safety Act.
      • § 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…
      • § 115922 (a) Except as provided in Section 115925, subject to subdivision (b), and consistent with Section 1596.814, when a building permit is issued for the…
      • § 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…
      • § 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…
      • § 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…
      • § 115926 (a) The State Department of Social Services shall prescribe drowning prevention safety standards governing all swimming pools and other bodies of water located…
      • § 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,…
      • § 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)…
      • § 115928.5 Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the…
      • § 115929 (a) The Legislature encourages a private entity, in consultation with the Epidemiology and Prevention for Injury Control Branch of the department, to produce…
    5. ARTICLE 2.7. Wave Pool Safety Act §§ 115950–115952 · 3 sections
      • § 115950 This article shall be known and may be cited as the Wave Pool Safety Act.
      • § 115951 For purposes of this article, the following definitions shall apply: (a) “Nonswimmer” means a person who is a weak or inexperienced swimmer or a person who…
      • § 115952 On and after January 1, 2009, a wave pool in this state shall comply with all of the following: (a) (1) A wave pool operator shall provide a United States…
    6. ARTICLE 2.8. Wave Basin Standards §§ 115960.1–115960.2 · 2 sections
      • § 115960.1 The following definitions apply for purposes of this article: (a) “Department” means the State Department of Public Health. (b) “Wave basin” means an…
      • § 115960.2 (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1…
    7. ARTICLE 3. Life Saving Devices §§ 115975–116020 · 10 sections
      • § 115975 “Resort,” as used in this article, means a resort, bathhouse, or other public place for the purpose of accommodating bathers, bordering upon or adjoining the…
      • § 115980 No person shall own or conduct a resort unless it is equipped with at least one lifeboat.
      • § 115985 The boat shall be fully equipped with oars, oarlocks, and not less than two life preservers, and two hundred feet of rope. It shall be kept in good repair and…
      • § 115990 The boat shall have the word “lifeboat” plainly printed or painted upon it. It shall be used for no purpose other than for the saving of life or for other…
      • § 115995 Every person who violates any provision of this article is guilty of a misdemeanor punishable by a fine of not less than ten nor more than four hundred dollars…
      • § 116000 “Resort,” as used in this article, means any public bathing or swimming place or resort on a river or stream.
      • § 116005 No person shall maintain a resort unless he or she carefully sounds the depth of water and locates the eddies and pools and determines the presence and nature…
      • § 116010 No person shall maintain a resort unless signs indicating in plain letters the depth of water, the location of pools or eddies, and the presence and direction…
      • § 116015 No person shall maintain a resort unless safety ropes are stretched wherever necessary to show the line of eddies, pools, sunken obstructions, and other hidden…
      • § 116020 Every person who violates any provision of this article is guilty of a misdemeanor.
    8. ARTICLE 4. Personal Flotation Devices §§ 116023–116023.5 · 2 sections
      • § 116023 For purposes of this article, “wearable personal flotation device” means a lifejacket, puddle jumper, water wings, or other flotation device designed to be…
      • § 116023.5 On or after January 1, 2026, a person or entity shall not manufacture, sell, distribute, deliver, hold, or offer for sale in commerce in this state a wearable…
    9. ARTICLE 5. Swimming Pool Sanitation and Safety §§ 116025–116068 · 24 sections
      • § 116025 “Public swimming pool,” as used in this article, means any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances.
      • § 116028 Except as provided in Section 116033, “lifeguard service,” as used in this article, means the attendance at a public swimming pool, during periods of use, of…
      • § 116030 (a) The construction standards as set forth in this article and the regulations adopted pursuant thereto, shall not apply to any artificially constructed…
      • § 116033 (a) Except as provided in subdivision (b), persons providing aquatic instruction, including, but not limited to, swimming instruction, water safety…
      • § 116035 The department has supervision of sanitation, healthfulness, and safety of public swimming pools.
      • § 116036 The Legislature finds and declares both of the following: (a) In California, drowning is the leading cause of death for children 4 years of age and younger,…
      • § 116038 Every person proposing to construct a public swimming pool shall file a copy of the plans therefor, prior to construction, with the local health officer having…
      • § 116040 Every person operating or maintaining a public swimming pool must do so in a sanitary, healthful and safe manner.
      • § 116043 Every public swimming pool, including swimming pool structure, appurtenances, operation, source of water supply, amount and quality of water recirculated and…
      • § 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…
      • § 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…
      • § 116048 (a) On or after January 1, 1987, for public swimming pools in any common interest development, as defined in Section 4100 or 6534 of the Civil Code, that…
      • § 116049 (a) “Public swimming pool,” as used in this section, means any public swimming pool defined in Section 116025 that is owned or operated by the state or any…
      • § 116049.1 (a) “Public swimming pool,” as used in this section, means any swimming pool operated for the use of the general public with or without charge, or for the use…
      • § 116050 Except as provided in Section 18930, the department shall make and enforce regulations pertaining to public swimming pools as it deems proper and shall enforce…
      • § 116053 Every health officer shall enforce the building standards published in the State Building Standards Code relating to swimming pools and the other regulations…
      • § 116055 For the purposes of this article, any health officer, or any inspector of the department, may at all reasonable times enter all parts of the premises of a…
      • § 116058 The department may publish the reports of inspections.
      • § 116060 Any public swimming pool constructed, operated, or maintained contrary to the provisions of this article is a public nuisance, dangerous to health.
      • § 116063 Any nuisance maintained in violation of this article may be abated or enjoined in an action brought by a local health officer, or the department, or it may be…
      • § 116064 (a) As used in this section the following words have the following meanings: (1) (A) “Public wading pool” means a pool that meets all of the following…
      • § 116064.2 (a) As used in this section, the following words have the following meanings: (1) “ANSI/APSP performance standard” means a standard that is accredited by the…
      • § 116065 Every person who violates any provision of this article, building standards published in the State Building Standards Code relating to swimming pools, or the…
      • § 116068 Each day that a violation of this article continues is a separate offense.
    10. ARTICLE 6. Ocean Water-Contact Sports §§ 116070–116090 · 5 sections
      • § 116070 As used in this article, water-contact sport means any sport in which the body of a person comes into physical contact with water, including but not limited to…
      • § 116075 The department has supervision of sanitation, healthfulness, and safety of the public beaches and public water-contact sport areas of the ocean waters and bays…
      • § 116080 Regulations made pursuant to this article shall include suitable standards of safe bacteria count for water-contact sports areas specified by the State Water…
      • § 116085 Every person who violates any rule or regulation adopted pursuant to this article is guilty of a misdemeanor.
      • § 116090 Nothing contained in this article shall be construed to give the department the authority to fix the areas wherein water-contact sports may be engaged in or to…
    11. ARTICLE 7. Fish and Shellfish Consumption Advisories §§ 116090.6–116090.7 · 2 sections
      • § 116090.6 For purposes of this article, the following terms have the following meanings: (a) “Local health officer” means the legally appointed health officer or…
      • § 116090.7 (a) Upon issuance by the office of a site-specific fish or shellfish health advisory pursuant to Section 59011 of this code or Section 13177.5 of the Water…
  3. CHAPTER 6. Pilot Project for School Athletics Safety §§ 116091–116095 · 5 sections
    • § 116091 The Pupil Athletic Access and Safety Program pilot project is hereby established in the State Department of Education for the purpose of providing grants to…
    • § 116092 (a) One of the pilot projects shall be in southern California. (b) One of the pilot projects shall be in northern California.
    • § 116093 (a) A pilot project shall use grant funds for all of the following purposes: (1) To provide onsite nationally certified athletic trainers to participating…
    • § 116094 (a) The State Department of Education shall establish a competitive grant process for private, nonprofit organizations that are registered with the Secretary…
    • § 116095 By January 1, 2005, the department, or its administering contracting entity, shall submit a report to the Legislature on the evaluation of the pilot projects…