Author: Allen
Position: Oppose Unless Amended
Links: AB 1726 (As of 3/5/2012)

Assembly Bill 1726 would amend the Health and Safety Code to require an owner of a public swimming pool to employ at least one qualified pool operator to maintain and conspicuously post a current certificate of each qualified pool operator employed by the swimming pool. This bill would require originals or copies of the certificate or documentation of each qualified pool operator employed by the site to be available onsite for inspection by a local enforcement agency.

How AB 1726 Applies

The bill excludes private pools and applies to “public swimming pools” in a manner that clearly encompasses common interest developments:

(4) “Private pool” means any constructed pool, permanent or portable, which is intended for noncommercial use as a swimming pool by not more than three owner families and their guests.
(5) “Public swimming pool” means either of the following:
(A) A public pool as described in Section 116025 of the Health and Safety Code.
(B) A pool other than a private pool.

The bill also provides a specific definition of “qualified pool operator,” requiring that the employee take a pool operator training course. The course must offer at least 14 hours of instruction, and provide training on all elements contained in §116064.3(e) of the legislation. 

Analysis

We feel that public pools are effectively regulated by existing law. This bill would compel associations to employ a “qualified pool operator,” meaning someone who has paid to take a proscribed course. This bill will increase the expense of pool maintenance, create a potential liability for associations, and negatively impact small associations who maintain their pools without an outside service. For these reasons, ECHO opposes AB 1726 unless it is amended.