Butte County Municipal Code Ch. 42 Public Swimming Pool Operating License

This chapter may be known and may be cited and referred to as the Public Swimming Pool Operating License Ordinance of the County of Butte.

(Ord. No. 2763, § 1, 7-11-89)

This chapter is enacted pursuant to authority conferred by sections 476 and 510 of the Health and Safety Code of the State of California.

(Ord. No. 2763, § 1, 7-11-89)

The Board of Supervisors of the County of Butte hereby determines, pursuant to section 510 of the Health and Safety Code of the State of California, that the expenses of the health officer of this county in the enforcement of statutes, orders, quarantines, rules or regulations prescribed by state officers or departments relating to the public health which either require or authorize the health officer of this county to perform specified acts, pertaining to public swimming pools, are not met by any fees prescribed by the state.

(Ord. No. 2763, § 1, 7-11-89)

It is the purpose of this chapter to require operating licenses for public swimming pools and to authorize the prescription of such fees as will pay the reasonable expenses of the health officer incurred in connection therewith and in connection with the enforcement of such statute, orders, quarantines, rules or regulations pertaining to public swimming pools.

(Ord. No. 2763, § 1, 7-11-89)

The provisions of this chapter shall apply within any city in the county when the governing board thereof consents to county health administration for that city pursuant to section 476 of the Health and Safety Code of the State of California; and the schedule of fees authorized by this chapter shall be applicable in the area in which the health officer of this county enforces any statute, order, quarantine, rule or regulation prescribed by a state health officer or department relating to public health.

(Ord. No. 2763, § 1, 7-11-89)

For purpose of this chapter, unless the provisions or the context indicates otherwise, the terms and words used herein shall have the meanings set forth in chapter 20, article 1, title 22, California Administrative Code, commencing with section 65501, and entitled "Design, Construction, Operation, and Maintenance of Public Swimming Pools."

(Ord. No. 2763, § 1, 7-11-89)

(a) License Required: No person shall operate or maintain any of the following establishments, facilities, businesses or activities without a valid operating license to do so issued by the health officer:

(1) Commercial swimming pools.

(2) Real estate swimming pools.

(3) Community swimming pools.

(4) Hotel swimming pools.

(5) Motel swimming pools.

(6) Resort swimming pools.

(7) Auto and trailer park swimming pools.

(8) Auto court swimming pools.

(9) Apartment house swimming pools.

(10) Club swimming pools.

(11) Public or private school swimming pools.

(12) Gymnasium swimming pools.

(13) Health establishment swimming pools.

(14) Townhouse swimming pools.

(15) Condominium swimming pools.

(16) Mobilehome park swimming pools.

(17) Campground swimming pools.

(18) Homeowner association swimming pools.

(19) Any other public pool as defined by sections 65501 and 65503, title 22, California Administrative Code.

(b) Exemption: Only in private pools maintained by an individual for use of family and friends are exempt from the provisions of this chapter.

(Ord. No. 2763, § 1, 7-11-89)

Any person required to apply for and obtain an operating license for a public swimming pool under the provisions of this chapter shall complete and submit to the health officer an application for such operating license, together with all required fees and plans, on forms provided for the purpose by the health officer.

(Ord. No. 2763, § 1, 7-11-89)

If the health officer finds that the applicant is in compliance with the standards specified by this chapter and by the applicable state laws and regulations, the health officer shall issue the operating license. If he finds that the applicant has not complied with the standards specified by this chapter and by the applicable state laws, the health officer shall deny the operating license.

(Ord. No. 2763, § 1, 7-11-89)

The building department having jurisdiction over the area where the proposed facility listed in section 42-7(a) will be located shall notify the health officer when plans to build or modify such a facility are received. A building permit shall not be issued until the health officer approves the plans. The plans shall be approved or rejected within thirty (30) days after receipt by the health officer, and the applicant shall be notified of such decision.

(Ord. No. 2763, § 1, 7-11-89)

The provisions of this chapter shall apply to all auxiliary structures and equipment provided and maintained in connection with the swimming pools listed in section 42-7(a), including but not limited to:

(1) Locker rooms.

(2) Shower rooms.

(3) Dressing rooms.

(4) Toilet facilities.

(5) Filtration equipment.

(6) Pumping equipment.

(7) Piping.

(8) Disinfecting equipment.

(9) Safety equipment.

(Ord. No. 2763, § 1, 7-11-89)

Each application to operate or construct a public swimming pool shall be accompanied by the fees prescribed in Butte County Code Chapter 43. No public operating license shall be granted or renewed unless the applicant pays said fees, and said fees shall in no event exceed the actual cost to the County to conduct the services required to ensure compliance with the requirements of this Chapter.

(Ord. No. 2763, § 1, 7-11-89; Ord. No. 3940, § 31, 10-10-06)

The term of the operating license, other than a license issued for a limited term, shall begin with its issuance and, unless sooner suspended or revoked, continue through twelve (12) months from July 1 of the year the operating license was issued and expire on the following June 30.

(Ord. No. 2763, § 1, 7-11-89)

Each license shall be renewed upon payment of the fee prescribed in accordance with Section 42-12 of this chapter. The renewal fee is due and owing the County of Butte at the offices of the public health department by June 30.

(Ord. No. 2763, § 1, 7-11-89)

If the renewal is not paid prior to July 31, the applicant shall pay, in addition to such renewal fee, a late charge equal to ten (10) percent of the renewal fee, if the fee and the late charge are paid prior to August 31. If the renewal is paid after August 31, the applicant, in addition to the renewal fee, shall pay a late charge equal to fifty (50) percent of the renewal fee.

(Ord. No. 2763, § 1, 7-11-89)

Any person who is engaged in the operation or maintenance of an establishment, facility, business or activity listed in section 42-7(a) at the time this chapter becomes effective [August 10, 1989] shall apply for an operating license and pay required fees on a form provided by the health officer within sixty (60) days following the effective date of this chapter. The health officer shall grant or deny each such application within one hundred twenty (120) days after receipt of the application. Thereafter, it shall be unlawful for any person to continue to operate such establishment, facility, business or activity without having an operating license as provided in this chapter.

(Ord. No. 2763, § 1, 7-11-89)

An operating license issued under the provisions of this chapter shall not be transferred, assigned or set over by the licensee to any other person or entity. All such operating licenses shall refer to and be limited to the establishment, facility, business or activity applied for. Such licenses shall not be transferable to any other site, location or address. The licensee shall notify the health officer before any change in ownership is to be made or any change, alteration or modification is made in the operation, the equipment or the building of any such establishment, facility, business or activity.

(Ord. No. 2763, § 1, 7-11-89)

All operating licenses under the provisions of this chapter shall be posted on the premises of the establishment, facility, business or activity in a conspicuous place of public view.

(Ord. No. 2763, § 1, 7-11-89)

Standards for the issuance, suspension and revocation of an operating license hereunder shall be as specified in any applicable state statute, quarantine rule or regulation prescribed by a state officer or department, relating to the public health, or in this chapter, and in particular shall include but not be limited to the provisions of article 3 of chapter 1 of division 20 of the Health and Safety Code of the State of California, commencing with section 24100; with title 22, chapter 20, commencing with section 65501, entitled "Design, Construction, Operation and Maintenance of Public Swimming Pools"; and with title 24, chapter 2-90, commencing with section 2-9001 of the California Administrative Code.

(Ord. No. 2763, § 1, 7-11-89)

Any person violating any of the provisions of this chapter or any of the terms or conditions of an operating license issued hereunder is guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months or both. Each day or portion thereof that a violation of this chapter continues is a separate offense.

(Ord. No. 2763, § 1, 7-11-89)

The operation of any establishment, facility, business or activity that is listed in this chapter, in violation of the provisions or any of the terms or conditions of an operating license issued hereunder, is hereby determined to constitute a public nuisance and may be abated in any manner provided for by law.

(Ord. No. 2763, § 1, 7-11-89)

The remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be entitled.

(Ord. No. 2763, § 1, 7-11-89)