115950-115952

HEALTH AND SAFETY CODE
SECTION 115950-115952




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 cannot swim.
   (b) "Patron" means a swimmer or nonswimmer using a wave pool.
   (c) "Rest period" means a period of time that the wave generating
equipment for the wave pool is not producing breaking waves.
   (d) "Wave pool" means a swimming pool designed for the purpose of
producing breaking wave action in the water and that is not primarily
designed for standup surfing or bodyboarding.




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 Coast
Guard-approved Type II or Type III lifevest that is free and
available for use by a nonswimmer or a child under 48 inches in
height. A wave pool operator shall also provide a United States Coast
Guard-approved Type II or Type III lifevest that is free and
available for use to any other patron at the request of the patron.
   (2) Notwithstanding paragraph (1), a patron, including a
nonswimmer and child, may use his or her own lifevest if that
lifevest is a United States Coast Guard-approved Type II or Type III
lifevest.
   (b) (1) Children under 48 inches in height, regardless of whether
the child is accompanied by an adult, shall wear a properly fitting
United States Coast Guard-approved Type II or Type III lifevest to
gain access to a wave pool.
   (2) A child under 42 inches in height shall be accompanied by an
adult in order to gain entry into the park. A wave pool operator
shall deny entrance into the park of a child under 42 inches in
height if that child is not accompanied by an adult.
   (3) Any person or child who refuses to comply with paragraph (2)
of subdivision (a) or paragraph (1) of this subdivision shall be
removed from the park by the wave pool operator.
   (c) In all cases where wave action is suspended for any reason, an
audible signal shall be used prior to resuming wave action to warn
patrons of impending waves. That audible signal may be of any
duration, but shall sound within 15 seconds immediately prior to
resuming the breaking wave action. The audible signal shall be loud
enough so that it can be heard by all patrons of the wave pool, but
shall not exceed 90 decibels.
   (d) (1) Lifeguards shall be assigned to guard a wave pool.
   (2) The wave pool operator shall ensure that there are a
sufficient number of lifeguards on duty to recognize, respond, and
provide care to swimmers in distress or passive or active drowning
persons within, but no longer than, 30 seconds of the onset of their
peril.
   (3) A lifeguard subject to this subdivision shall have an
unobstructed view of, and be able to completely observe, in its
entirety, his or her defined zone of protection in the wave pool.
   (4) A wave pool operator shall ensure that conditions in a wave
pool are continually reevaluated for safety and shall adjust
lifeguard staffing accordingly.
   (e) An emergency stop for the wave equipment shall be easily
accessible to the lifeguards and other pool officials, as required by
the Division of Occupational Safety and Health.
   (f) A wave pool operator shall ensure that the wave pool has
regular periods without breaking waves being produced; to accomplish
this, the wave pool operator shall ensure that continuous breaking
wave cycles in a wave pool shall not exceed 15 minutes.
   (g) Signs with clearly legible letters and, if appropriate,
symbols, indicating the requirements described in subdivisions (a) to
(c), inclusive, shall appear at the ticket booth or entrance gate to
the park or other facility where the wave pool is located.