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The Director of Environmental Health is hereby designated to enforce state laws and regulations relating to public pools, including the building standards published in the state building standards codes; standards for pool sanitation and safety in Article 5 of Part 10 of Division 104 of the California Health and Safety Code (commencing with section 116025); and related state regulations (Title 22, California Code of Regulations, Division 4, Chapter 20 (sections 66501 and following) and Title 24, California Building Code, Division 1, Chapter 31B, (sections 3101B and following)).
(Added by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10103 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
The following definitions shall apply to this chapter and to Chapter 3 of this Title:
"Body of Water" means an outdoor or indoor structure intended for swimming or recreational bathing, including a swimming pool, hot tub, spa, non-portable wading pool, activity pool, spray ground, and interactive water feature.
"Department" means the County Department of Environmental Health and Quality.
"Director" means the Director of Environmental Health and any person appointed or hired by the Director to enforce or administer this chapter.
"Expedited Plan Review" means plan review service that is provided at an accelerated time frame.
"Expedited Plan Check Inspection" means plan check field inspection service that is provided at an accelerated time frame.
"Major Remodel" means the addition, relocation, or structural changes to an existing Body of Water. Major remodels of a Body of Water will require that any existing non-conforming features and structures of a Body of Water and its related appurtenances be improved to meet current code requirements.
"Minor Remodel" means the remodeling of a Body of Water that includes resurfacing or replastering, decking work, above ground equipment changes, enclosure changes, and related ancillary facility modifications.
"Public Pool" includes all things defined as "public pools" in Division 104 of the Health and Safety Code and in applicable provisions of Titles 22 and 24 of the California Code of Regulations. Note: Pursuant to 22 CCR Section 65503, subsection (d), "Public pool" does not include a residential pool made available to short-term renters of a private residence, unless that pool is accessible to the occupants of more than three residential units at the same time.
"Renovation" means making modifications to an existing Body of Water that include replacement or changes to the below ground plumbing of a Body of Water, including surge tanks and main drain alterations.
"Revision" means any plan submittal required for corrections identified or minor changes to the initial submittal for any New, Major Remodel, Minor Remodel project, or Renovation.
(Added by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No 10733 (N.S.), effective 7-1-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) It shall be unlawful for any person to operate a public pool without a valid permit issued by the Department. A permit is not valid unless required fees, including any related late payment fees, have been paid.
(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or both. Each day that a person violates subsection (a) is a separate violation.
(c) The County may also enforce any violation of subsection (a) by an action for injunctive relief.
(Added by Ord. No. 10103 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
A person required to submit plans and specifications to the Department pursuant to Health and Safety Code section 116038 shall pay the plan review fee required in Title 6, Division 5 at the time the person submits plans and specifications. If more than one plan review is required, the applicant shall also pay the plan revision and plan check consultation fees specified in that Division.
(Added by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) The Director may order the closure of any public pool that is operating without a valid permit.
(b) The Director may order the closure of any public pool that is maintained or operated in a manner which creates an unhealthful, unsafe or unsanitary condition.
(c) An order issued pursuant to subsection (b) may be appealed as provided in Chapter 1 of Division 6 of Title 1 of this code. An appeal shall not stay the closure of the pool.
(Added by Ord. No. 10103 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)