Dana Point Municipal Code Ch. 8.18 Uniform Swimming Pool, Spa and Hot Tub Code

(a) There is adopted by the City Council of the City of Dana Point, the Uniform Swimming Pool, Spa and Hot Tub Code, 2000 Edition, published by the International Association of Plumbing and Mechanical Officials, save and except "Part I, Administration," Sections 1.0 through 1.9 and 1.11 through 1.18 of which Code not less than one copy have been made and are now on file with the Clerk of the City Council and the same is adopted and incorporated by reference as if set forth at length herein.

(b) The fee schedules of charges for swimming pools shall be as established by resolution by the City Council of the City of Dana Point.

(c) The provisions contained in Sections 8.16.014 through 8.16.028 of the Dana Point Municipal Code shall apply to the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition.

(Added by Ord. 02-12, 9/24/02)

Section 106.0 of said California Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

106.0 Violations and Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this Code.

Any person, firms, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel this Code shall be valid, except insofar as the work or use which it authorized is lawful.

The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error.

Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.

(Added by Ord. 02-12, 9/24/02)

Section 110.0 of said California Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

110.0 Fees. Every applicant for a permit to install, alter, or repair a swimming pool, spa or hot tub system or part thereof, shall state in writing on the application form provided the work proposed to be done.

The fees shall be as established by Resolution by the City Council of the City of Dana Point.

Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this Code without having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by the section for such work, provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor, before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

(Added by Ord. 02-12, 9/24/02)

Section 118.0 of said California Swimming Pool, Spa and Hot Tub Code is amended to read as follows:

118.0 Board of Appeals. In order to provide for final interpretation of the provisions of this Code, there shall be and is created a Board of Appeals as specified in Section 105 of the California Building Code as Amended herein.

(Added by Ord. 02-12, 9/24/02)

Section 301 of the Swimming Pool Code is amended by adding a Subsection 301.3, 301.4 and 301.5 as follows:

SECTION 301.3 Waste water from any filter, scum filter, scum gutter, overflow, pool emptying line, or similar apparatus or appurtenance shall discharge into an approved type receptor and subsequently into a public sewer. The flood level rim of such receptors shall be at least six inches above the flood level of the adjacent ground. Each such receptor when permitted to be connected to any part of a drainage system shall be provided with an approved trap with a minimum pipe size of three inches.

SECTION 301.4 Article 2.5. of the Swimming Pool Safety Act Health and Safety Code is adopted and repeated herein for convenience:[1]

SECTION 301.5 Water clarity

All swimming pool and spa water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition. The floor of the pool shall be clearly visible.

(Added by Ord. 02-12, 9/24/02; amended by Ord. 12-16, 5/1/12)

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Editor's Note: Article 2.5 of the Swimming Pool Safety Act Health and Safety Code is included as an attachment to this title.