Marin County Municipal Code Ch. 7.40 Public Swimming Pools

"Health officer," as referred to in this chapter, means the Health Officer of Marin County, or his authorized representative.

"Person," as referred to in this chapter, means an individual, firm, corporation, partnership, club, association or organization.

"Public swimming pool," as referred to in this chapter, means all swimming pools, except private pools maintained by an individual for the use of his family and friends. It includes, but is not limited to, all commercial pools, real estate and community pools, pools at hotels, motels, resorts, auto and trailer parks, auto courts, apartment houses, clubs, child care centers, public and private schools and gymnasium and health establishments.

"Remodel," as referred to in this chapter, means to substantially alter the physical premises.

"Swimming pool," as referred to in this chapter, means an artificial basin, chamber or tank constructed of impervious material and used, or intended to be used, for swimming, diving or recreational bathing.

(Ord. 3132 § 1 (part), 1993: Ord. 1463 § 11 (part), 1965)

It is unlawful for any person to construct or remodel any public swimming pool within the unincorporated area of Marin County without first submitting an application to and obtaining the approval of the health department. All applications for anticipated construction or remodeling shall be submitted with detailed plans and specifications of the proposed public swimming pool.

(Ord. 3132 § 1 (part), 1993: Ord. 1463 § 11 (part), 1965)

It is unlawful for any person to own, operate or maintain a public swimming pool within the unincorporated area of Marin County without a valid permit issued by the health officer. Such permit shall be displayed prominently in an area immediately adjacent to the location of the public swimming pool for which it was issued. Such permit shall expire on the annual renewal date.

No permit shall be issued until the public swimming pool has been inspected by the health officer. Inspection shall be based on Division 20, Chapter 1, et seq. of the California Health and Safety Code and Rules and Regulations adopted pursuant thereto. Further, no permit to operate shall be issued until all of the provisions of the California Health and Safety Code and of this chapter and all of the rules and regulations of the state board of public health have been complied with. A permit is not transferable upon change of ownership of a public swimming pool.

(Ord. 3132 § 1 (part), 1993: Ord. 2370 § 7, 1978; Ord. 1463 § 11 (part), 1965)

A permit may be immediately suspended by the health officer for a violation of any provision of this chapter when, in his opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for a hearing before the health officer within at least forty-eight hours of the time of suspension. After the hearing, a reasonable time shall be allowed by the health officer for correction of the violation.

If, in the opinion of the health officer, the danger to public health is not so imminent, immediate and threatening as not to admit of delay, the health officer shall notify the holder of the health officer's intention to suspend the permit within a specified period of time if the condition is not corrected. No such suspension shall take effect, however, until the holder has been given an opportunity for hearing before the health officer. During that period of suspension and/or correction, the public swimming pool, or any portion thereof, may be ordered closed or inoperable if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with health and sanitary requirements is obtained; if compliance is not obtained at the end of the time allowed, the permit shall then be revoked.

(Ord. 3132 § 1 (part), 1993: Ord. 1463 § 11 (part), 1965)

(a) Application. All applications for permits shall be on a form supplied by the health department and shall be accompanied by such fees as are established by resolution of the board of supervisors.

(b) Renewal. The fee for renewal should be the same as the annual fee.

(c) Delinquency. In the event that application for renewal is not made within one calendar month of the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month of delinquency, an additional twenty percent of the fee shall be assessed.

(d) In the event that a swimming pool is owned, operated or maintained without first obtaining a valid permit, then the applicant shall pay environmental health services cost recovery fees.

(e) Penalty. Notwithstanding the penalty provisions of Section 7.40.060, conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur an additional penalty as provided in the fee schedule in effect at the time of noncompliance.

(Ord. 3248 § 7, 1997; Ord. 3153 § 1, 1993; Ord. 3132 § 1 (part), 1993)

(Ord. No. 3563, § II(exh. A), 2011)

Any person who owns, operates or maintains a public swimming pool without a valid permit from the health department or who constructs or remodels a public swimming pool without approval of plans and specifications by the health department is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than fifty dollars, nor more than one thousand dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 3132 § 1 (part), 1993: Ord. 1463 § 11 (part), 1965)