Berkeley Municipal Code Ch. 11.20 Bathing Places

California Health and Safety Code, Division 20, Chapter 1, Section 24100 through 24109 (Laws Relating to Swimming Pools), and California Administrative Code, Title 17, Chapter 5, Subchapter 1, Group 6, Section 7774 through 7833 (Regulations Relating to Swimming Pools), Group 10, Section 7950 through 7961 (Sanitation, Healthfulness and Safety of Ocean Water--Contact Sports Areas), and Group 10.1, Section 7970 through 7994 (Sanitation of Public Beaches) are adopted as a part of this code. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 1 § 1, 1976)

A. "Public bathing place" means any body of water used collectively by numbers of persons or the public for swimming, diving, wading or recreational bathing, together with the equipment, appurtenances, premises, shores or buildings pertaining to such bathing place. "Public bathing place" shall include, but not be limited to, swimming pools, wading pools, special-use pools, spa pools, resorts and public beaches. It shall not include baths where the main object is the cleansing of the body or the practice of healing under medical supervision unless such baths contain pools or tanks used collectively by a number of individuals, nor private pools maintained by an individual for the use of their family and friends.

B. "Resort" means a resort, bathhouse or other public place for the purpose of accommodating bathers, boarding upon or adjoining the sea coast, bay, lake or reservoir, where the public resort, or are invited or permitted to resort, for the purpose of swimming, wading, recreational bathing or water-contact sports.

C. "Spa pool" means a pool not under medical supervision that incorporates water jets and/or an aeration system. Such pools shall not exceed two hundred square feet in surface area and shall not exceed three and one-half feet in depth. For the purpose of this title, spa pool shall be considered as a swimming pool and must meet all requirements and regulations hereof. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 2 §§ 1--3, 1976)

No person shall operate or cause to be operated any public bathing place without obtaining a permit therefor issued by the chief of environmental health. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 3 § 1, 1976)

Upon issuance of a permit to operate a public bathing place, the chief of environmental health shall establish a routine inspection program for that establishment to secure compliance with all applicable ordinances, statutes and regulations. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 3 § 3, 1976)

No person shall begin construction, reconstruction or alteration of a swimming pool without first submitting plans, specifications and such other information as may be required to determine compliance with this chapter and other applicable laws to the chief of environmental health for their review and written approval in advance of the issuance of any building or plumbing permits for the facilities to be constructed, reconstructed or altered. Such plans, specifications and information shall be submitted in triplicate, one copy of which shall be for the file of the chief of environmental health. In addition to notification for such other construction inspections as are required by the chief of environmental health, the owner or their agent shall notify the chief of environmental health of the completion of said work for final inspection and approval at least one week in advance of placing the swimming pool in operation. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 3 § 2, 1976)

A fence entirely enclosing the swimming pool or yard containing the swimming pool shall be erected and maintained. Such fence shall be not less than four feet six inches nor more than six feet in height, with no openings greater than sixteen square inches. All gates must be self-closing and self-latching, and the latch or lock shall be located at least four feet six inches above the surface of the underlying ground or floor. A space at least four feet in width shall be provided between the line of the fence and the edge of the pool. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 4 § 1, 1976)

No person shall establish or maintain a resort where sewage discharges or gross animal pollution are known to exist in the immediate vicinity of the bathing areas, or immediately upstream from such bathing areas. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 1, 1976)

Every person owning or operating a resort for which direct fees are charged shall provide lifeguard service, as defined in the California Health and Safety Code, Section 24100.1. Lifeguard service shall be provided for every three hundred lineal feet of frontage in use on any beach or watercourse, with sufficient lifeguard stands so that the bathing area can be seen from the stands. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 2, 1976)

No person shall maintain a resort unless the following minimum safety precautions, devices or safeguards are provided during the period of use:

A. A telephone, readily accessible, with the numbers of available resuscitator services, ambulance, police and other emergency services conspicuously posted and maintained on or near the telephone;

B. A manager, supervisor or attendant who is qualified with a current certificate of the American Red Cross standard first-aid course, or its equivalent as approved by the health officer;

C. A standard ten-unit or twenty-four-unit first-aid kit as approved by the health officer;

D. Rescue and lifesaving equipment as may be required under the particular circumstances or physical conditions of each resort and approved by the health officer. Such equipment may include but not be limited to square-sterned boats, paddle boards, rescue tubes, buoys, or rings with heaving lines or water scopes. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 2, 1976)

All bathing areas in resorts shall be maintained reasonably free of algae or aquatic weed growths or accumulations. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 4, 1976)

Artificial lighting, with an intensity of not less than five footcandles at the level of the water area, shall be provided in all bathing areas in a resort when such facilities are open for use at such location after sunset. The crossing of bathing areas in a resort by open overhead electrical conductors is prohibited. All lights, appliances and wiring contiguous to bathing areas shall be installed and grounded in compliance with electrical code provisions. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 5, 1976)

Dressing, shower and toilet facilities shall be provided readily accessible to the bathing area. The number of toilet and shower facilities shall conform with California Administrative Code, Section 7783. All dressing, shower and toilet facilities and appurtenances thereto shall be of such construction and materials so as to be safe, sanitary, readily cleanable and reasonably resistant to depredation. All dressing, shower and toilet facilities shall be adequately ventilated and lighted, maintained in a safe and sanitary condition, and provided with adequate water, sanitary paper and other supplies. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 6, 1976)

It shall be the duty of every person operating a resort to keep a record of all drownings or accidents requiring first-aid or medical attention which occur while the resort is in use. Such record shall include the name and address of the person injured and the nature and cause of the injury. Such record shall be maintained at least one year for inspection by the chief of environmental health or shall be submitted to them as they specify. (Ord. 4883-NS § 1 Exhibit A, Ch. 4 Art. 5 § 7, 1976)