The new year rings in a new law that will affect all buyers and sellers of residential properties with a pool or spa. Senate Bill 442 was signed by Gov. Brown in October and became effective Jan. 1.

The measure updates the 20-yearold residential Swimming Pool Safety Act with a provision that requires home inspectors to determine if any of the seven safety features listed in Health and Safety Code Section 115925 are present when inspecting a single-family home at time of sale.

Many home inspectors do not include pools or spas in the inspection report, or charge extra to do so. Now all home inspection reports must include an examination of the pool or spa to identify which if any of the safety features are present.

What are the seven drowning prevention safety measures?

They include a permanent enclosure that isolates the pool or spa from the home, removable mesh fencing that meets safety standards with a gate that is self- closing and self-latching, and an approved safety cover on the pool.

Also, exit alarms on any doors that provide direct access to the pool as well as self-closing, self-latching devices with a release mechanism placed no lower than 54 inches above the floor, a pool alarm that will sound when someone enters the water. Number seven can be any other means of protection equal to or greater than the above features.

Drowning is the second-leading cause of death for children ages one to four. The original California Pool Safety Act was passed in 1996 to address residential pool drowning, and SB 442 takes measures a step further with the new requirements for home inspectors.

This is not a point of sale requirement for sellers to retrofit their properties, but aims to make all buyers of pool properties aware of the safety risks and measures available to prevent drowning.

The new law also requires that at least two of the seven drowning prevention safety features be present before a permit can be approved for construction or remodeling work completed at the property.

For this reason, buyers need to be informed whether the property follows the law, and prepare for additional expenses after the close of escrow if plans include renovations that will require a building permit.

Sellers should disclose their knowledge about what safety features are present at the property, and be aware that the home inspection will point out whether the property complies of the law. New issues to negotiate during the inspection contingency!

Adriana Donofrio Podley Properties Glendora (626) 926-9700 adrianad@podley.com