Page 1

San Diego Chapter www.NSPISanDiego.com

February 2004 1-800-875-7059

Greetings, The 1st Region XI Council meeting of 2004 was held on Jan 15, & 16; at the

Hanalei Hotel. The newly elected regional officers are President—A J Wilson, VP—Chuck

Schoch - Sacramento Chapter, Treasurer—David Durkin - Northern California Chapter.

There were 26 in attendance - topics for discussion included: ◊ Goals for the Region ◊ Develop & Implementing a Strategic Plan ◊ Recruitment ◊ Bringing Region XI together - 1 purpose - 1 voice ◊ Understanding & adherence to By-Laws Our main topic was Funding & Promotion of the: Region XI Century 21 Pool &

Spa Educational Center which is to be located in Northern California. Our general meeting next month looks to be a smashing success. The famous

Skip Phillips will be our speaker.

A. J. Wilson, NSPI San Diego President

Presidents Letter

Feb 17-20 2004 World of Concrete Orlando, FL

March 24-27 2004 Western Pool and Spa Show Long Beach

Aug.18-20 2004 Industry Leadership Conference Denver, CO

Sept 10 2004 San Diego Pool Awards & Golf Tourna-ment

Admiral Baker

March 11 2004 San Diego NSPI General Meeting

Nov. 9-11 2004 Aqua Show Las Vegas

Nov. 16-19 2004 Pycene Lyon, France

Dec. 1-3, 2004 International Pool and Spa Expo Las Vegas

March 5-6 2004 NSPI Region VII Show Orlando, FL

Up

co

min

g

Ev

en

ts

Page 2

San Diego NSPI Board of Directors

Name Company Address (Snail Mail) Address (E-Mail)

Phone Fax

Pager/Mobile

PRESIDENT A. J. Wilson

Like New Pool Service, Inc.

10224 Baroness Avenue San Diego, CA 92126-1153 AJW@likenewpool.com

858-695-3461 858-695-3461 619-417-1709

VICE PRESIDENT Rob West Trendwest Pools 1273 East Main Street El Cajon, CA 92021 office@trendwestpools.sdcoxmail.com

619-442-6889 619-447-1815 619-843-0392

TREASURER

Matthew Gardner Gardner Sales & Marketing

1714 Thomas Avenue San Diego, CA 92109 matt@smallbusinesschampion.com

858-273-2256 858-273-2256 619-889-7727

PAST PRESIDENT

Mike Ramey

Blake Sales Associates

4250 Pacific Highway Suite 126 San Diego, CA 92110 mramey@BlakeSales.net

619-226-4777 619-226-2259 760-586-1646

CUSTOMER RELATIONS

Rick Church Quality Pool & Spa Co.

15476 Markar Road Poway, CA 92064-2313 qualitypools@earthlink.net

858-679-9042 858-679-8900 619-247-7377

Jeff Crolene Pool Solutions 14954 Avenida Venusto—# 93 San Diego, CA 92128 jccrolene@hotmail.com

858-675-0477 858-663-1456

Rob Blake Blake Sales Associates

4250 Pacific Highway Suite 126 San Diego, CA 92110 RBlake@BlakeSales.net

619-549-8790 619-226-2259 619-501-6440

IPPSA Liason Tom Gharib Swim Service Company

P.O. Box 13106 El Cajon, CA 92020

619-579-7655 619-504-2753

Kenny Judd Mission Pools

755 W. Grand Avenue. Escondido, CA 92025-2594 kenny@missionpools.com

760-743-2605x2606 760-743-0384 760-801-4393

NEWSLETTER WEBMASTER

Rick English English Pool Consulting

1445 Twenty Eighth Street San Diego, CA 92102 rick@english.net

619-338-9197 619-338-9167 619-331-8389

Page 3

SPEC 2003 LEGISLATIVE REPORT SPEC acted effectively to assure a sound defeat of a bill

which sought to mandate removable, fabric pool and spa fencing as child protection barriers. There seems to an end-less number of manufacturers going to the legislature to put their marketing plans into state law as mandates.

SPEC defeated legislation to mandate in-pool electronic alarms in 2002. In 2000 and 2001 it was the vacuum switch mandate that gave the industry a hard fought victory. Heaven only knows what 2004 will produce.

Legislation has been enacted this year to provide for 90 days jail time for repeat offenders of unlicensed contracting. Judges will have discretion for special hardship cases.

SPEC worked with the landscape contractors’ associa-tion and secured legislation which will allow a swimming pool contractor to sub-contract the swimming pool/spa con-struction portion of a landscape project. Under current law the C-53 pool contractor must have a separate contract with the owner and be subject to all of the consumer protection notices to owners, restrictions on payment schedules, etc. This law prohibits a landscape contractor doing any portion of spa or pool construction. A serious state-wide problem for years has been caused by landscape contractors acting as pool builders. SPEC files multiple complaints against such illegal operators every year.

A major threat to us this year was legislation which would have put the state’s sales tax on all services. This would have effected service businesses directly. Every business would have had an increase in costs as sales taxes were added to accountants’ bills, lawyers’ fees, etc., etc. SPEC participated in a broad coalition to send this proposal to the bottom of the barrel quickly.

Legislation creating a new “service and repair contrac-tor” category was passed by the Senate but is being held in the Assembly until January. Contractor would be exempt from the Home Improvement Contractor consumer protec-tion requirements (Notice to Owner, three-day right of re-scission, written contract requirement, etc.) when called by a home owner to repair a pool system which have failed just before a party, for example.

The emergency work could be done under the new li-cense and without the present consumer notices, etc., unless the cost of the work exceeded $750. SPEC believes that this ceiling should be raised to $1,500. However, in a Sen-ate committee lowered it to $500. This makes the legisla-tion meaningless, inasmuch as no contract is required for work costing $500 or less. SPEC has negotiated agreement by all parties to restore the $750 limit, but requested the bill’s author (Figueroa) to hold it up until January to give us time to lobby the price ceiling to $1,500.

A bill was introduced this year to require any contractor owned vehicle which gets to a job site to have the contrac-tor’s name, address, phone number and license number painted on the doors. SPEC opposed the bill. SPEC suc-cessfully argued that a contractor’ personal car should not be required to have signage. However, there was an aspect of the legislation we liked. Few unlicensed pool contractors have identification on their vehicles, making detection diffi-cult.

SPEC proposed an amendment and then successfully supported the bill requiring all commercially licensed motor vehicles owned by a contractor to have the name and li-cense number on the doors. Private passenger licensed cars, even if owned by a construction company, will be exempt.

A “Healthy Schools Act” introduced this year sought the to ban from public schools any chemical which could be shown to be hazardous. SPEC testified that the measure would require closing of all California school swimming pools . The author quickly amended the bill to eliminate the chlorine restriction. Prevention of enactment of such measures with unintended consequences is a major SPEC legislative activity when bills are pending.

Pool contractors found themselves being refused build-ing permits because their licenses had expired. SPEC went to the Registrar of Contractors and learned that the backlog of license renewals was extending beyond the license expi-ration dates. As a result, the CSLB’s Web site, used by lo-cal building officials to check contractors’ standing, was showing expirations where renewals had been submitted.

(Continued on page 4)

Page 4

Registrar Steve Sands and Licensing Chief Mike Brown quickly ordered staff to correct the situation. All contrac-tors who had submitted renewal applications prior to deadlines were to be regarded as being in good standing, even though not processed. No Web site postings! Consumers also were quick to tell bidding contractors that the state showed that they were unlicensed.

Because there was no legal authority for such action, SPEC went to the legislature with a bill, now signed into law, that puts this presumption into statute. SPEC’s working relations with the Registrar and his outstanding staff are such that emergencies such as this are handled in hours, rather than weeks or months!

SPEC (continued)

Page 5

Permit and inspections software takes the pain out of processing permits.

By Steve Zurier Software company BUILDERadius has introduced

BluePrince, permitting and inspections software that aims to streamline the permitting process by letting builders communicate with building departments over the Web or via a cell phone. The company's strategy is to give the soft-ware away for free to municipalities and to charge builders and contractors a fee to access the service.

BUILDERadius offers two packages. The basic ser-vice costs $9.95 a month and lets builders use any com-puter with Internet access to apply for a permit, pay for a permit, request an inspection, or check the status of an inspection.

For $19.95 a month, builders can use any Web-based cell phone to apply for a permit, check its status, and check the building inspector's routing schedule, which shows what time the inspector will visit the builder's site.

"The construction business revolves around the cell phone, which is why we had to roll this application out on the cell phone," says Bill Ward, CEO of BUILDERadius.

Ward says BluePrince is running in 10 cities and coun-ties, and he hopes to sign on another 50 cities and counties by year's end.

Source: BUILDER Magazine

Last issue I published a commentary about dual main drains. I received the following response from Don Burns at SPEC

I liked your dual main drains article. I thought that I might add on to your thoughts a bit in case you are asked for further information. The statute requires: "Whenever a construction permit is issued for the construction of a new swimming pool or spa..." A remodel isn't specifically required to comply with this provision. However, I believe that your caution is very well ad-vised. The courts do strange things. First a swimming pool "construction" permit is issued for a remodel. When does a remodel become sufficiently extensive to arguably be con-sidered a "new" pool? If a suit arose in the situation you

envisioned, where a drowning occurs in a rebuilt pool with-out dual main drains, the remodeler would no doubt be named in the suit and his/her insurance company would have to defend against the action. The best advise is to include dual main drains in a project proposal as a precaution. While no case law exists on this issue, it probably is only a matter of time. The signed waiver is of some protection but I would advise strongly that any such waiver be drafted by an attorney. It should cite California Health and Safety Code Section 115928 as requiring only that "new" pools are legally re-quired to be constructed with dual main drains. However, it should also state, that it is clear California's public policy is to protect bathers against suc-tion entrapment accidents and that dual main drains are re-quired to reduce or eliminate any such accidents. Prudence dictates that a contractor have the homeowner sign such a statement which also provides something like, "XYZ Pool Company has advised the buyer to install dual main drains as a cautionary measure but the buyer has elected not to include such drains in this con-tract." This is not legal "advise" and should not be relied upon by pool contractors absent review by the contractor's own at-torney. Again, Rick, this was a very good and timely article for you members.

This Story Sucks (follow up)

English Consulting Richard J. English

Swimming Pool Consultant 1445 Twenty Eighth Street

San Diego, CA 92102

Pool Inspections • Close of escrow • Forensics Pool Design Pool Sales Training

1-800-864-7946 rick@english.net

www.Rick.English.net

Permits For Dummies

Page 6

I have attended several meetings that have addressed the changing building codes in California. I have tried to rely on several sources to summarize this important topic

California plans to adopt the NFPA building code. Most other states and many countries have adopted the In-ternational Building Code

NFPA codes will provide the basis for the 2004 Cali-fornia Building Code and the 2004 California Fire Code

California Building Standards Commission voted 10 to 2 in July to adopt the National Fire Protection Association's NFPA 5000 code statewide for commercial buildings.

The committee also plan to adopt the International Residential Code [IRC] for One- and Two-Family Dwell-ings. NFPA 5000 didn't adequately cover residential low-rise construction.

Many experts argue that this will create confusing and contradictory codes for contractors who deal in commercial and residential.

The building departments in most California cities seem to prefer the International Building Code (IBC). This code is developed through Building officials. IBC's fore-runner, ICBO's Uniform Building Code is well known.

The International Code Council, publishers of compet-ing International codes, immediately slammed the Board’s decision, stating, "The NFPA building code is deficient, unusable and unenforceable."

ICC was formed from the merger of Building Officials and Code Administrators International, the Southern Build-ing Code Congress and the International Council of Build-ing Officials. The groups assembled all their respective codes, such as ICBO's Uniform Building Code, and created composites such as the International Building Code and the International Residential Code.

NFPA teamed up with the International Association of Plumbing and Mechanical Officials, Western Fire Chiefs Association and the American Society of Heating, Refrig-erating and Air-Conditioning Engineers to create NFPA 5000 and the Comprehensive Consensus Codes set.

Some IBC supporters actually filed conflict-of-interest complaints in mid-July against Building Standards Com-mission members Barry Broad (a Sacramento attorney and Teamsters union lobbyist) and Sidney Cavanaugh (a

plumbers' union representative to NFPA). The California Building Code was due for an update. It

had been based on an outdated version of ICBO's Uniform Building Code. ICC claims that it has a list of 400 govern-ment and private entities that want to stick with the more familiar International codes because they were already us-ing some version of them.

But, It was also well known that plumber and fire-fighter unions were financial supporters of our now-ousted Governor Davis. Davis appointed the board members.

So the two unions have a strong presence on the Building Standards Commission. These unions also have input to the NFPA code. Firefighters, for example, have been able to push through a sub-code to the document that requires fire trucks to have four people on a crew instead of three. Plumbers for years have been able to limit the accep-tance of PEX tubing, which threatens union jobs by reduc-ing the labor time and skill level needed to plumb build-ings.

According to critics, the NFPA 5000 is poorly written. They point to code contradictions and discrepancies.

The same critics say that the NFPA code is subject to individual interpretation. Enforcement and leaning are go-ing to be difficult and expensive.

NFPA also references other standards and codes. The user will need to have all of those documents on hand to use the NFPA code. Critics say that code refers to other codes and documents instead of telling users what to do

The International Building Code also has outside refer-ences, but not to the extent of the NFPA. Most supporters consider the IBC relatively self contained. This code has specific language that covers the most common building issues in the field,

California’s Department of Housing and Community Development agreed that NFPA 5000 is difficult to use. They feel that the IBC is easier and less costly to use

As things now stand, NFPA 5000 will become code in California in 2005

The new code may not be in full effect until July 2006, after state agencies recommend amendments, lengthy pub-lic hearings are held and the code is finally published

Code Conflict Causes California Clash

ASTHMA—CHLORINE STUDY A study by the Catholic University of Louvain, published in the U.K. journal Occupational & Environmental Medi-

cine, found that trichloramine in indoor pools may cause asthma in children. Chloramines form when chlorine combines with ammonia and other nitrogenous wastes from body oils, lotion, perspiration, saliva, and urine. The 226 elementary school swimmers studied had accumulated lung proteins that put them at risk from asthma. The most frequently swim-mers had lung protein levels similar to those of regular smokers. Further research is needed to confirm the link. The study, it is felt, creates as many questions as answers. Due to the tentative nature, do not draw firm conclusions."

Page 7

NEW PPSO Basic Course 16-hour course qualifying the successful graduate

to efficiently and safely operate a commercial aquatic facility. This course is open to both NSPI members and non-members.

◊ Features PPSO Manual, ◊ peer-reviewed textbook with valuable state-of-

the-art information. ◊ Certification is valid for 5 years. NEW PPSO Instructor Course

8-hour course qualifying the successful graduate to teach the PPSO Basic Course.

This course is open to both NSPI members and non-members. Prerequisites include valid PPSO Basic Certi-fication (or equivalent) and a 100-question closed-book exam

Features ◊ PPSO Manual, ◊ peer-reviewed textbook with valuable state-of-

the-art information. ◊ Certification is valid for 5 years. Limited time PPSO Instructor Course exemption option avail-able. To register contact Bird Dawson, email

mailto:bdawson@nspi.org or leave a voicemail message at 703.838.0083 ext. 152. Certified Retailer's Professional Man-

ual Product This manual will assist retail clerk in the swimming

pool/spa and hot tub industry to provide the highest quality of services to their customers. This manual was condensed from the third edition of NSPI's Basic Pool & Spa Technology manual.

Basic Pool & Spa Technology Man-

ual This comprehensive study manual will take you

through all of the basics of pool and spa technology form chemicals and water treatment to construction, design and maintenance. This is a must for any spa/pool professional. It is also the required textbook for the NSPI Service Technician Certification Program.

Certified Builders Professional

Packet The tool you need to get the business you want.

This is the cutting-edge knowledge for expert pool and spa construction and installation.

This package includes 1 of each of the following: ◊ NSPI Builders Manual, ◊ ANSI/NSPI Standards, ◊ Workmanship Standard, ◊ Water Treatment Information Bulletin, ◊ Regulatory Loss Control Manual, ◊ Sensible Ways brochures, ◊ NSPI Glossary, ◊ How to Recognize a Professional Pool Builder, ◊ Builder Identity brochure, ◊ Children Aren't Waterproof, ◊ CPR Emergency Procedures, ◊ Plan Your Dive Steer Up ◊ Layers of Protection brochure.

National Spa & Pool Institute 703-838-0083

NSPI Education is the Key to Success

Certified Retailer's Professional Manual

Product : 02-603 NSPI Member Price: $50.00 Non-member Price: $150.00

Tech I Workbook

Product code: 02-402 NSPI Member Price: $10.00 Non-member Price: $100.00

Basic Pool & Spa Technology Manual Product Code: 02-426

NSPI Member Price: $130.00 Non-member price: $520.00

Certified Builders Professional Packet Product Code: 02-600

NSPI Member Price: $249.00 Non-member Price: $1245.00

Page 8

CPR CLASS ANNOUNCEMENT

American Red Cross CPR Saturday The San Diego/Imperial Counties Chapter of the American Red Cross will host its annual CPR Saturday on February 28 in downtown San Diego at the Civic Center Concourse, lo-cated at the intersection of Third and B Streets. This is that once per year opportunity to learn Adult CPR in three hours and receive a Red Cross certificate upon completion. What is more - IT'S FREE!!

Last year, over 2000 people attended the event, and our goal this year is to top that. Everybody should be trained in CPR, and for many it is a job requirement. Here is the chance to get trained in a short amount of time, in an enjoyable atmosphere.

Everybody in San Diego and Imperial Counties should know about the event, and if they all attend on the 28th, that's just fine too. Volunteers are needed to help on the day of the event also, in areas such as crowd control, food service, special needs assistance, translators, greeters, student registration, testing, typing certificates, and so forth. Volunteers can make arrangements by calling 619-542-7699.

More information at www.sdarc.org.

CPSC Announces Two industry Recalls

The Product Safety Commission recently an-nounced two recalls in our industry.

Consumers are alerted to stop using recalled prod-ucts immediately unless otherwise instructed.

On January 28th the Sta-Rite System 2 and Aqua-Tools Filters and Filter Systems were recalled. There are about 8,500 units installed.

The Posi-Lok™ locking ring, which secures the filter’s upper tank shell to the lower tank shell (see dia-gram), can disengage from the lower tank shell allow-ing the top shell of the filter to blow off causing injury to nearby consumers.

Sta-Rite has received three reports of the upper tank blowing off.

To get details about remedies go to www.cpsc.gov/cpscpub/prerel/prhtml04/04072.html or www.starite.com.

On December 9th the Infinity and Lifestyle Spas were recalled. There are about 13,000 installed.

The manufacturer is MAAX Spas, of Beamsville, Ontario, Canada the units were sold under several names

The motor capacitor, which is a component of the circulating pump, can overheat. This poses a fire haz-ard.

CPSC and MAAX Spas has received more than 100 reports of incidents of overheating of the motor capacitor. Twelve reports of overheating resulted in fires. No injuries or property damage, other than to the spa itself, have been reported. To get details about remedies go to www.cpsc.gov/cpscpub/prerel/prhtml04/04047.html or call the MAXX spa hotline at (877) 259-0289

Page 9

NATIONAL SPA AND POOL INSTITUTE SAN DIEGO CHAPTER

FINANCIAL REPORT DECEMBER 2003

$ 15,368.90 BEGINNING BALANCE – DECEMBER 1, 2003

INCOME

$4.11 INTEREST ON MONEY MARKET ACCOUNT $ ADVERTISING $ POOL DESIGN AWARD/GOLF TOURNAMENT

$ MEMBERSHIP DUES $ 11,272.50 NSPI QUARTERLY DUES

$ 11,276.61 TOTAL INCOME

EXPENSES $118.40 POSTAGE

PHONE/FAX

OFFICE SUPPLIES NEWSLETTER

GENERAL MEETING REGION MEETING BOARD MEETING

ADVERTISING PHONE SYSTEM

$1,000.00 POOL DESIGN AWARDS/GOLF TOURNAMENT SECRETARY OF STATE BANK FEE

MEMBERSHIP FEES DONATION - FIRE RELIEF FUND

$1,000.00 DONATION – CHILDREN’S HOSPITAL – GOLF $2,118.40 TOTAL EXPENSES

$ 24,527.11 ENDING BALANCE – DECEMBER 31, 2003 $ 14,441.82 CHECKING ACCOUNT

$ 10,085.29 MONEY MARKET ACCOUNT

Page 10

March NSPI Meeting

When: Thursday, March 11, 2004 6:30 PM for Dinner and Meeting

Where: Four Points by Sheraton San Diego 8110 Aero Drive San Diego, California 92123

Speaker

:

Skip Phillips President, Questar Pools Founder Genesis 3

Cost: Free to Members with a Reservation

Skip Phillips is President of Questar Pools, a design and build firm, in Escondido, California.

With more that 30 years of experience in the swim-ming pool industry, he has elevated pool design to an art form while gaining an international reputation as one of the world's leading authorities on innovative water shapes.

Skip has been called the "Wizard of Watershapes" - a master of illusion who has set the standards for vanishing-edge hydraulics. He is the most sought after instructor in the vanishing edge field and has taught a multitude of international schools.

While providing definitive vanishing edge specifications to hundreds of pool builders na-tionwide, he has written and edited numerous articles on hydraulics and vanishing edge design including, "Mastering The Illusion" and "Engineering for Illusion" in Pool & Spa News, an industry trade magazine.

Skip consults on an international level and has the design contract for the largest number of vanishing edge pools in one location at Anse Chastnet in the West Indies.

A co-founder of Genesis 3, Skip has won more than 100 local, national and international design awards. He is past President of NSPI and has represented over 4600 firms worldwide.

Skip also has served as an expert witness in more that 250 cases for both state and civil workmanship defect litiga-tion and standards-compliance cases.

Page 11

Tony Elmo, Chair of the Contractors State License Board sent our a memo updating on the status of Board operations. The memo went to selected to selected indusrty representatives on December 16. Don Burns of SPEC shared it with us.

The board's budget spending and staffing has been se-verely affected over the past 3 years. Unless the new Ad-ministration treats special fund agencies like the CSLB dif-ferent from other agencies then things will not improve

License transactions (renewals, bonds, worker’s com-pensation, and record certification) are basically current. Some improvements cited were

◊ Exam application processing was 29 weeks is now 9 ½ weeks

◊ waiver application was 30 weeks is now 19 weeks ◊ Adding a classification 24 weeks is now 2 weeks The board has been processing more exam applica-

tions. They have limited testing seats. Consequently, the

seating time for a candidate to take an exam has tripled. The board has opened a new testing site in San Jose and will be expanding the Norwalk and Sacramento testing fa-cilities early next year to help with those backlogs.

There has been a drastic reduction in Call Center staff-ing. Staff in the Call Center have been redirected to help with processing. Applicants, contractors, and consumers to have to use CSLB’s website and automated phone system much more to contact the board. The CSLB may close the Call Center in order to continue providing services in other areas of priority.

There have been losses to the enforcement staff. The CSLB has implemented some process changes and innova-tive supervision methods. The backlogs are at acceptable levels. The focus is not on reducing cycle times. The board is stressing alternative dispute resolution (small claims court, mediation, arbitrations) for less serious complaints. which seems to be taken well by both consumers and con-tractors. Some of the unlicensed enforcement has been reduced due to staff losses.

CSLB Back on Track

Page 12

San Diego Chapter NSPI 1445 28th Street

San Diego, CA 92102-1706