Existing law exempts certain facilities regulated by the State Department of Social Services, such as a child daycare facility, including a daycare center and a family daycare home, from the requirements of the Swimming Pool Safety Act.
Assembly Bill 2866 (AB 2866) repeals this exemption, making certain facilities regulated by the State Department of Social Services subject to the Swimming Pool Safety Act. AB 2866 requires a licensed daycare center with an in-ground swimming pool to have either an enclosure, such as a fence, wall, or other barrier that isolates the swimming pool from access to the daycare center, or, if the pool is indoors, a self-closing door. The licensed daycare center must have a second, redundant feature that prevents children in the daycare center from entering the pool area unattended. Additionally, the daycare center must have the following safety equipment visible from the swimming pool and readily available for immediate use: a life ring with a minimum exterior diameter of 17 inches with a United States Coast Guard approval label and a rescue pole with a body hook and a minimum fixed length of 12 feet.
AB 2866 requires licensed daycare facilities to perform a daily inspection of the safety features and safety equipment and maintain a log and to provide the log to the State Department of Social Services upon request.
The State Department of Social Services must adopt regulations regarding bodies of water at daycare facilities by January 1, 2027 and must prescribe drowning safety standards governing all swimming pools and bodies of water located at the facilities it regulates.
(AB 2866 adds section 1596.814 to, and repeals and adds section 115926 of, the Health and Safety Code)