Sec. 110.24.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Enforcement officer means the city official or employee authorized by the city council or designee to administer and enforce the provisions of this chapter.

Hearing officer means the city official or employee authorized by the city council or designee to conduct hearings for the suspension or revocation of a permit issued under this chapter.

Official inspection form means the form provided by the city.

Pool or pool facility means a swimming pool, pool, wading pool, special use pool, temporary training pool or spa pool, as defined in this section.

Public pool means all of the pool or pool facilities listed in 22 CCR § 65503. Only private pools maintained by an individual for the use of family and friends are exempt from provisions of this chapter.

Spa pool or spa means pool as defined by 22 CCR § 65501(f) and means a pool, not used under medical supervision, that contains water of elevated temperature, and incorporates a water jet system, an aeration system or a combination of the two systems.

Special use pools means a pool, as defined by 22 CCR § 65501(c), and means pools designed and used exclusively for a single purpose such as wading, instruction, diving, competition or medical treatment where a licensed professional in the healing arts is in attendance.

Swimming pool or pool means a pool as defined in 22 CCR § 65501(a), and means an artificial basin, chamber or tank used, or intended to be used, for public swimming, wading, diving, or recreative bathing, but does not include baths where the main purpose is the cleaning of the body, nor individual therapeutic tubs which are drained and sanitized between each use.

Temporary training pool means a pool, as defined by 22 CCR § 65501(e), and means an artificial basin, chamber or tank intended to be used for instruction in swimming and so constructed as to be readily disassembled for storage or for transporting to and reassembling at a different location.

Wading pool means a pool, as defined by 22 CCR § 65501(b), and means an artificial basin, chamber or tank used, or intended to be used for wading by small children and having a maximum depth of not to exceed 46 centimeters (18 inches) at the deepest point and no more than 30 centimeters (12 inches) at the side walls.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.24.030. - Permits required.

No person shall operate a public pool without obtaining and having in their possession a valid environmental health permit issued by the city. Application for a permit shall be made to the city upon a form provided by the city and shall be accompanied by a fee as established by the city council. A permit shall be valid for not more than one year, and once issued is nontransferable.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.24.040. - Right of inspections.

(a)

Pursuant to Health and Safety Code § 24104, the enforcement officer shall have the right to inspect any pool facility, or any facility suspected of being a pool facility, at any reasonable time. If inspection is refused, the permit may be suspended or revoked, and/or the owner or operator shall be guilty of an infraction.

(b)

Each pool and pump room/pool filter equipment room, if locked, shall have keys made available to the enforcement officer by the pool facility's owner/operator.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.24.050. - Inspections.

(a)

The enforcement officer shall inspect each pool facility and appurtenances at regular intervals. All pool facilities shall comply with those requirements set forth in the California and Safety Code § 116025 et seq., California Code of Regulations titles 22 and 24 and the Uniform Building Code.

(b)

Following an inspection, the enforcement officer shall deliver a signed copy of the official inspection form to the owner, operator or person in charge of the pool facility who shall sign in receipt thereof. In cases where no on-site owner, operator or person in charge is present, the enforcement officer shall mail a copy of the inspection report to the owner/operator's office.

(c)

Procedures for closing of pool.

(1)

The enforcement officer may close the pool/spa if any of the following conditions exist:

a.

Main drain cannot be seen due to poor water clarity;

b.

Heavy algae growth;

c.

Main drain covers missing or loose;

d.

No chlorine residual;

e.

Excessive chlorine residual (as determined by the enforcement officer);

f.

Loose or missing underwater light;

g.

Any condition which may be found to exist (and cannot be immediately corrected) which could actually or potentially threaten the public health, welfare and safety (i.e., fecal material in the water, gates locked in open position, foreign items in the pool or spa, etc.);

h.

No current environmental health permit;

i.

Inadequate pool or spa fencing (i.e., broken or missing fencing or gate; not meeting state code; missing or broken self-closing device on gates or doors, etc.).

(2)

The enforcement officer shall post a "pool closed" sign on the gates leading into the pool area, or on the handrails at the shallow and deep ends of the pool. These signs shall only be removed by the enforcement officer. The signs shall be a minimum 11 inches by 8½ inches, printed on white paper or plastic, with bold red lettering.

(3)

Once the city has been notified by the owner/operator that the conditions for which the pool/spa has been closed have been corrected, a reinspection date will be arranged by the enforcement officer. The pool/spa shall be reopened only after the enforcement officer has verified the violation for which the pool/spa had been closed have been corrected. Authorization to reopen shall be issued by the enforcement officer in writing.

(d)

Any pool facility that has been closed by the enforcement officer shall receive a reinspection within seven calendar days of the initial inspection, or as otherwise designated by the enforcement officer to ensure that the violations have been corrected. When a "pool closed" sign has been posted by the enforcement officer, it shall remain posted at the pool facility indicating to the public that the pool facility failed to maintain the minimum health and safety standard during the most recent routine inspection performed by the city. It shall be the responsibility of the owner/operator to ensure that the closed sign remains posted and clearly visible to potential pool patrons.

(e)

After a reinspection of the pool facility, should a serious violation or numerous violations continue to exist and/or conditions exist which threaten or potentially threaten the public health and safety, any or all of the following legal actions may be taken by the enforcement officer:

(1)

Continued closure of the pool facility;

(2)

Issuance of a citation;

(3)

Initiation of civil, criminal or other legal proceedings;

(4)

Administrative hearing for the suspension or revocation of the environmental health permit;

(5)

Assessment of a per-hour reinspection fee as established by the city council, for any inspections or reinspections exceeding the two inspections/reinspections as provided for as part of the general operating permit.

(f)

Any permit may be suspended or revoked by the enforcement officer for a violation of this chapter, including by reference the state Health and Safety Code, California Code of Regulations titles 22 and 24, and the state building code. Any pool facility for which the permit has been revoked shall close and remain closed until a new permit has been issued. Whenever a local enforcement officer finds that a pool facility is not in compliance with the requirements as set forth in the state Health and Safety Code, California Code of Regulations titles 22 and 24, and Uniform Building Code, a written notice to comply shall be issued to the permittee. If the permittee fails to comply, the local enforcement officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, and informing him of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to

with which the permittee is charged, and informing him of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to

a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action. The hearing officer shall issue a written notice of decision to the permittee within five working-days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension or the causes for which the permit has been revoked. At any time within 15 calendar days after service of a notice, the permittee may request in writing a hearing before hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing. The enforcement agency may, after providing opportunity for a hearing, modify, suspend or revoke a permit for serious or repeated violations of any of the requirements of this chapter or for interference in the performance of the duty of the enforcement officer. A permit may be reinstated or a new permit issued if the enforcing officer determines that conditions which prompted the suspension or revocation no longer exist.

(g)

Notwithstanding subsection (f) of this section, if any immediate danger to the public health or safety is found, the enforcement officer may temporarily suspend the permit and order the pool facility immediately closed. Immediate danger to the public health and safety means any condition, based upon inspection findings or other evidence, that can cause drowning, disease or other hazardous condition, including but not limited to those listed in subsection (c)(1) of this section.

(h)

Failure by the owner/operator to abate within 24 hours an immediate and severe danger to public health may result in an order to drain the pool and/or secure the area as to prevent access by children or adults. This includes, but is not limited to the erection of a fence (if one does not already exist) around the pool in question.

(i)

Any reinspection following legal actions, other than one reinspection after an initial administrative hearing, will result in the owner/operator being charged an hourly on-site fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)