Los Angeles County Municipal Code Ch. 11.32 Swimming Pools and Other Water Areas

The Ordinance codified in this chapter shall be known as "Roxie's Swim Safe Ordinance."

(Ord. 2022-0032 § 2, 2022.)

This chapter shall apply to all pools, as defined herein, except pools located on the grounds of a private home. This chapter shall apply, but not be limited to, all public swimming pools, commercial pools, real estate and community pools, pools at hotels, motels, resorts, mobilehome parks, auto courts, apartment houses consisting of four (4) or more residential units, clubs, public and private schools, gymnasia and health establishments, juvenile detention facilities, and children's camps. This chapter shall apply to all auxiliary structures and equipment thereof, such as locker rooms, shower rooms, dressing rooms, and toilet facilities; and filtration, pumping, piping, disinfecting, and safety equipment provided and maintained in connection with such facility.

(Ord. 2022-0032 § 3, 2022; Ord. 91-0099 § 1, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 550, 1959.)

A.

"Accredited lifeguard" means a person who possesses a current certificate from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or has equivalent qualifications, a current American Red Cross Standard First Aid certificate or equivalent, and complies with the requirements of California Health and Safety Code section 116028. In addition, for public swimming areas, the lifeguard shall have experience as an accredited lifeguard for at least one swimming season or 100 hours of advanced open water training or equivalent qualifications.

B.

"Accredited lifeguard supervisor" means an accredited lifeguard who has the ability to monitor lifeguard performance as it relates to lifeguard and facility-specific training, including performing pre-service assessments; successful completion of a lifeguard supervisor training course; previous experience as an accredited lifeguard for at least three (3) months; knowledge of strategies to reduce risk and mitigate the health and safety hazards to both the patrons and the staff; and knowledge of development and evaluation of zones of bather surveillance responsibility diagrams for an aquatic venue.

C.

"Children's camp" has the same meaning as defined in Section 8.04.080.

D.

"Children's day camp" has the same meaning as defined in Section 8.04.081.

E.

"Children's overnight camp" has the same meaning as defined in Section 8.04.082.

F.

"Department" means the Los Angeles County Department of Public Health.

G.

"Direct fee" means a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity.

H.

"Lazy river" means channeled flow of water of near constant depth in which the water is moved by pumps or other means of propulsion to provide a river like flow that transports bathers over a defined path. A lazy river may also be referred to as a tubing pool, leisure river, leisure pool, or a current channel.

I.

"Lifeguard in training" means a person who performs lifeguard duty under the direct supervision of an accredited lifeguard during a training program or preparatory to becoming an accredited lifeguard.

J.

"Lifeguard services" means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who are accredited lifeguards and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation (CPR) as referenced in California Health and Safety Code section 1797.182 and who have no duties to perform other than to supervise the safety of participants in water-contact activities.

K.

"Public swimming area" means any portion of a body of water owned, operated, or under the control of any person which is permitted to be used for swimming and bathing, except:

A swimming pool;

A wading pool;

Any portion of the Pacific Ocean; and

Swimming areas owned and controlled by a single family and used only by that family and its guests.

For any body of water other than described in paragraphs 1, 2, 3, or 4 above, swimming or recreative bathing shall be at the user's discretion, unless it is clearly and plainly posted, in a manner acceptable to the Department, warning that swimming or recreative bathing is prohibited.

If the Department finds that a body of water or any portion thereof is, in the normal course of events, used by such a small number of persons in relation to the area of such body of water or portion thereof, that those provisions of this division relating to public swimming areas are not necessary for the preservation of public peace, health or safety, such body of water or such portion thereof is not a "public swimming area."

L.

"Public swimming pool" means any swimming pool, hot tub, spa, or non-portable wading pool, that is any of the following:

Open to the public generally, whether for a fee or free of charge.

Open exclusively to members of an organization and their guests; residents of an apartment building, apartment complex, residential real estate development, or other multifamily residential area, consisting of four (4) or more units; patrons of a hotel or other public accommodations facility; or campers participating in a children's camp.

Located on the premises of an athletic club, or public or private school.

Owned or operated by the state or any local government entity.

M.

"Spray pool" means any artificially constructed pool or basin, used or intended to be used by the public, which intercepts, but does not impound water sprayed over or onto it.

N.

"Swimming pool" and "pool" each means an artificial basin, chamber or tank constructed or prefabricated with impervious material, located outdoors or indoors, whether in-ground or above-ground, and used, or intended to be used, for swimming,

diving, or recreative bathing. It does not include baths where the main purpose is the cleaning of the body, nor individual-type therapeutic tubs.

O.

"Wading pool" means any artificially constructed pool used or intended to be used for wading by the public, with a maximum depth of not more than eighteen (18) inches.

P.

"Waterslide" means a slide that runs into a landing pool or runout through a fabricated channel with flowing water.

Q.

"Wave pool" means a swimming pool designed for the purpose of producing breaking wave action in the water and that is not primarily designed for standup surfing, or bodyboarding.

(Ord. 2022-0032 § 4, 2022; Ord. 9656 § 1, 1968; Ord. 9375 §§ 1 (part) and 2 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 §§ 551, 552, 554, 559, 562 and 563, 1959.)

The water used in a public swimming area shall meet the following:

A.

No sewage discharges shall exist in the immediate vicinity of, or immediately upstream from, bathing areas;

B.

Dilution and time of travel between point of sewage discharge and bathing area shall be sufficient to allow natural purification to occur so that the presence of harmful organisms of sewage origin is unlikely;

C.

The complete sanitary survey of the area is satisfactory; and

D.

The waters meet the following bacteriological standards:

Of all the samples collected during any 30day period, the average coliform index Most Probable Number (MPN) (confirmed test) shall not exceed five (5) coliform organisms per milliliter (500 per 100 ml.).

Not more than ten percent (10%) of the samples tested shall exceed a coliform index MPN (conformed test) of ten (10) coliform organisms per milliliter (1,000 per 100 ml.), provided further that no single sample, when verified by a repeat sample taken within 48 hours, shall exceed 100 per milliliter (10,000 per 100 ml.).

The bacteriological standards shall be run in accordance with Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.

(Ord. 2022-0032 § 5, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 553, 1959.)

A.

Every public swimming area shall be provided with a minimum of one (1) approved life ring, buoy or equivalent at least fifteen (15) inches in diameter and, where so required, one rescue pole at least twelve (12) feet long, with hook. Such life rings, buoys or equivalent and rescue hook shall be readily accessible to each lifeguard, the location and spacing thereof to be determined by consideration of the area to be covered, configuration of water area and related factors, and approved by the Department. Such life rings, buoys, or equivalent shall have attached to them 75 feet of sound, 3/16-inch line, which shall be stored, when not in use, in such a way as to prevent kinking or fouling.

B.

When, in the opinion of the Department, any public swimming area is of such size that unaided swimming rescues by lifeguards do not offer sufficient protection to swimmers, one or more square-sterned boats equipped with oars, oarlocks, life rings, or hollow-type paddle boards, as the Department approves, shall be provided.

C.

A standard, 24-unit or larger first aid kit shall be provided and properly maintained, and kept readily available at all public swimming areas.

(Ord. 2022-0032 § 6, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 565, 1959.)

A.

The following locations shall provide lifeguard services:

Public swimming pools located at or used by children's camps and schools.

Public swimming pools where a direct fee is charged.

Public swimming pools with an induced current or wave action, including but not limited to, wave pools.

Swimming pools located at or used by juvenile detention facilities.

Lazy rivers.

Waterslides.

Public swimming pools where alcohol is served.

Public swimming areas when open or in use.

B.

For all other public swimming pools, lifeguard service shall be provided, or signs shall be erected clearly indicating that lifeguard service is not provided. The lettering shall be legible and at least one (1) inch (25.4 mm or 36 point type) high, with a contrasting background.

C.

All swimming pools requiring lifeguard services in this section shall create and implement an Aquatic Safety Plan as described below. The Aquatic Safety Plan shall include, but is not limited to, the following:

Pool areas staffing plan, which describes how pool staff will maintain the public swimming pool in a safe condition, including addressing health and safety hazards, water quality, staff training, facility rules and regulations, and responding to hazards and emergencies.

Accredited lifeguard plan, developed by an accredited lifeguard, which describes lifeguard responsibilities, including those responsibilities identified in the pool areas staffing plan and related activities.

Lifeguard staffing plan, which identifies the number of on-duty lifeguards needed to meet swimming pool safety and staffing requirements, and describes the duration and rotation of lifeguard tasks, staffing requirements, including any needed breaks and coverage, supervisor staffing and other staffing needs, and any additional lifeguard responsibilities.

Emergency Action Plan (EAP), which describes how the swimming pool staff will respond to emergency situations, including identifying responding staff, communications, equipment, and procedures.

Biohazard action plan, which describes the decontamination requirements should a swimming pool become contaminated, including access and restriction by the public, cleaning and disinfection, and maintenance of a record of the details of the contamination, and disposal of contaminants.

Accidental chemical release plan, which describes the procedures to appropriately respond to a chemical release in a swimming pool, including necessary equipment and response and cleanup procedures.

D.

The swimming pool owner/operator shall retain a copy of the Aquatic Safety Plan on file at the pool facility and shall make it available for inspection by the Department. The Aquatic Safety Plan must satisfactorily contain each of the elements provided in C. 1 - 6 of this Section. The owner/operator of a swimming pool shall review and update the Aquatic Safety Plan at least annually and shall make the Aquatic Safety Plan available to the Department upon request. If, after review of the Aquatic Safety Plan, the Department finds it deficient in the Department's opinion, the Department shall notify the owner/operator to correct and/or revise the Aquatic Safety Plan. Upon such notification, the owner/operator shall provide a revised Aquatic Safety Plan with corrections within fourteen (14) days to the Department.

E.

The owner/operator shall maintain incident report records of all lifeguard rescues where the accredited lifeguards enter the water and activate the EAP. Such records shall be maintained by the owner/operator for a minimum of two (2) years from the

date of incident.

F.

All incidents of drowning and near-drowning which required emergency medical treatment and transportation to a health facility shall be reported by the owner/operator of a public swimming pool or public swimming area to the Department within 24 hours of the incident.

(Ord. 2022-0032 § 7, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 564, 1959.)

If dressing rooms are provided at a public swimming area, they shall comply with the following:

A.

Public swimming areas used simultaneously by both sexes shall be provided with separate dressing rooms, with separate entrances to and exits from the dressing rooms.

B.

All dressing room walls and partitions shall have smooth surfaces which are impervious to moisture and free from cracks or open joints. Walls of compartments within a dressing room shall be constructed in such a manner that there is a clear, intervening space of not less than eight (8) inches between the bottom of the partition and the floor, unless otherwise approved by the Department.

C.

Floors in the dressing rooms, toilet rooms, and shower rooms shall be impervious and rough enough (but not abrasive to the feet) so as to be nonskid, similar to a "rough rotary, raised rubber, or wood float," finished, and shall be free from cracks or open joints. Floors shall pitch not less than one-fourth inch per foot to floor drains or surface-water disposal areas. All junctures of floors with walls and partitions shall be coved. Wood floors or wooden slats over concrete floors shall not be permitted.

D.

When lockers are provided, they shall be kept clean and free from vermin, properly ventilated, and shall be fastened firmly to concrete islands, or shall be installed with at least a six (6)-inch-high clear space beneath to permit flushing of the floor.

E.

All dressing rooms, shower rooms, toilets, lavatory rooms, and all other rooms in a bathhouse, shall be adequately ventilated and lighted. A minimum light intensity of three footcandles shall be provided in all parts of said rooms.

F.

Toilets shall be provided in close proximity to any dressing rooms, in addition to requirements specified in Section 11.32.070.

(Ord. 2022-0032 § 8, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 568, 1959.)

A.

Adequate toilets for each sex shall be provided and maintained not over 300 feet distant from any portion of public swimming areas.

B.

All toilet facilities shall be maintained in a sanitary condition, well lighted and ventilated, and shall be kept supplied with toilet paper at all times.

C.

The type and location for such existing toilets shall be acceptable to the Department and plans for new toilet facilities shall be approved by the Department prior to construction.

(Ord. 2022-0032 § 9, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 567, 1959.)

Public pool employees and users must not present a health hazard to others using the public pool or ancillary facilities, pursuant to Title 22, California Code of Regulation section 65541, and the same provisions shall apply to employees and users of public swimming areas.

(Ord. 2022-0032 § 10, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 570, 1959.)

At least one approved drinking fountain shall be installed and maintained in each wading pool area and each public swimming area for the use of the persons using the public swimming area or wading pool.

(Ord. 2022-0032 § 11, 2022; Ord. 9375 § 2 (Part), 1967; Ord. 7583 Part 3 Ch. 6 § 569, 1959.)

A.

The lining material of all wading pools shall be impervious to moisture and shall have a smooth finish, and the wading pool bottom shall be constructed to minimize slippage. There shall be a deck of not less than four (4) feet in width surrounding the wading pool; said deck shall be constructed of impervious material and shall have a smooth, nonslip finish.

B.

Wading pools shall have a bottom slope of not less than one (1) inch to each four (4) feet, nor more than one (1) inch per foot, toward the drains. There shall be no raised drains, steps or other obstructions on which children may fall or become injured in the wading pool.

C.

The wading pool shall be equipped with a drain at its lowest point. The drain shall not be connected directly to any part of a sewage disposal system.

(Ord. 2022-0032 § 12, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 556, 1959.)

Every person maintaining a wading pool which is open to the public shall supply constant adult supervision at all times when such wading pool is open to the public.

(Ord. 2022-0032 § 13, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 555, 1959.)

A chlorine residual of at least 3 ppm and a pH in the range of 7.2—7.8 shall be maintained at all times the wading pool is in use. A testing kit shall be maintained at the wading pool for this purpose.

(Ord. 2022-0032 § 14, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 557, 1959.)

The water of all wading pools shall be kept sufficiently clear that the bottom of the wading pool will be visible at all times. A recirculating system shall be provided for each wading pool constructed subsequent to July 1, 1964. In lieu of a recirculating system, existing wading pools may be emptied and refilled at least every two hours during the time the wading pool is open for use.

(Ord. 2022-0032 § 15, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 558, 1959.)

A.

All water supplied to a wading pool or spray pool shall be from a source approved by the Department.

B.

The water supply for all showers, toilets, lavatories, and drinking facilities provided or maintained in connection with public swimming areas, spray pools and wading pools shall be adequate in quantity and shall meet the Department's requirements for drinking water.

(Ord. 2022-0032 § 16, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 566, 1959.)

Spray pools shall be constructed in such a manner that all sprayed water falls into the pool or basin and runs to a drain which discharges into an approved disposal system. No obstructions, such as raised drains or steps which might cause injury to children in such pools, shall be permitted.

(Ord. 2022-0032 § 17, 2022; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 560, 1959.)

A.

All swimming pool equipment shall comply with the requirements of the California Building Code, Title 24, section 3123B.

B.

All recirculation and purification equipment shall be subject to review and approval by the Department before installation in connection with a swimming pool.

C.

It is unlawful for any person to install any recirculation and purification equipment related to a swimming pool unless such equipment has first been reviewed and approved by the Department.

(Ord. 2022-0032 § 18, 2022; Ord. 2014-0024 § 31, 2014; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 6 § 561, 1959.)

Amendments made to this chapter and adopted in 2022 are effective on January 1, 2023.

(Ord. 2022-0032 § 19, 2022; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 6 § 561.2, 1959.)