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2018 New Swimming Pool Laws

12/31/2017

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There are new laws regarding residential pools for 2018 -- they currently don't apply unless you're pulling permits to have your pool remodeled (or installing a new pool), but like many laws could migrate to being the norm. And if you have small children, grandchildren, or guests with small children, it might be a good idea to consider some of the following items (including a secondary drain, to avoid suction-related incidents):

Here is the text of the new law (CA SB-442).

Section 115922 of the Health and Safety Code is amended to read:

115922. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a
new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family
home, the respective swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:

(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from
the private single-family home.

(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications
F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key
lockable device.

(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921.

(4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or
spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”

(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the
floor on the private single-family home’s doors providing direct access to the swimming pool or spa.

(6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or
unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM
Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion,
pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual
use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work,
the local building code official shall inspect the drowning safety prevention features required by this section
and, if no violations are found, shall give final approval.
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Marriage - A Financial Contract...

12/29/2017

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"It's often said that purchasing a home is the biggest financial transaction of one's life. I would counter that marriage is the biggest financial transaction of one's life."

I read an article on LinkedIn the other day posted by a fellow Realtor regarding couples purchasing a house prior to getting married, and the issues that can arise from a transaction of that sort. Which got me to thinking...

Over the years, I've often told my sons (although applies equally to daughters as well) that marriage is a financial contract. While few (especially young people) enter a marriage with that thought in mind, I think that they would be better served if they did. Oddly enough, marriage is one of those contracts with little upfront fine print, yet there's a lot of moving parts that can go wrong -- which is where a contract, and the discussions and negotiation that ensue prior to entering the contract -- could be very beneficial!

One of those elements is as simple as a disparity in income - one person's standard of living is generally going to go up, and the other person's will go down. What about your bride-to-be/groom-to-be/partner-to-be's credit score? That could be an issue if you're trying to purchase a home in Southern California's competitive housing marketing. How about credit card debt, car loans, student loan debt, and overall debt load as one enters into matrimony? Any investments or assets in the mix? (if there are assets available, both parties might want to avail themselves of this quick read, written by a friend of mine, Larry Hennessey - Look Forward; Plan, Save, and Reward Yourself - Investing is not Rocket Science!  Free to my blog readers). Again, all not very romantic, but certainly important to have out on the table prior to hitching one's financial wagon to another person's, prior to tying the knot. After all, once you say "I do", you've handed over the keys to your financial world to another person, and vice-versa.

The reality is that such a contract exists -- a prenuptial contract or agreement -- but just the name has a negative connotation. We've all read about the prenuptial agreements of the rich and famous, who seem to need them on a frequent basis to protect their ample assets. But doesn't a prenuptial agreement throw a wet blanket on the whole discussion of marriage? After all, don't people marry for love? Maybe we just need to change the name to something simpler and without the baggage of the term "prenuptial agreement" -- maybe "marriage guidelines" or something not quite as sinister as the dreaded "prenuptial agreement"!

By comparison, a typical real estate contract in California is, in a fairly small font, 15 to 27 pages in length (plus or minus -- it depends on the disclosures included with the original Agreement) and that doesn't include the pages of disclosures, addendums, clarifications, escrow instructions, etc. Loan documents add another impressive stack of paperwork that must be read, digested, and agreed to, before title to a house can change hands. The good news is that should something not seem right during the due diligence process (analogous to the engagement period for folks getting married), then the agreement can be consulted to determine the available remedies. Occasionally, the remedy isn't sufficient for one party or the other, and the contract is dissolved -- much better to happen during the escrow/due-diligence/engagement period than after the deal is closed ("I do"). It's often said that purchasing a home is the biggest financial transaction of one's life. I would counter that marriage is the biggest financial transaction of one's life -- the paperwork required? A single page marriage license -- no fine print, no clarifications, no disclosures. What could possibly go wrong? Well, as the rate of divorce implies -- a lot!

In the interest of full disclosure, I've been happily married for 30 years of this writing and do not have a pre-marriage agreement.
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    Tony Trabucco is a real estate Broker who lives in Old Towne Orange, CA

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Tony Trabucco
Orange Realty, Inc.
1537 East Chapman Ave
Orange, CA 92866
714.288.9369
Tony@OrangeRealty.com
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CA DRE Lic #: 0982321
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