Mono County Municipal Code Ch. 7.09 Public and Semipublic Swimming Pools and Spa Pools

The purpose of this chapter is to establish minimum standards for the issuance of permits and the operation of public and semipublic swimming pools and spa pools within Mono County, and to provide for the regulation thereof.

(Ord. 82-508 § 1 (part), 1983.)

A. "Activity" means every business, occupation, operation or object engaged in or used for the purpose regulated hereunder.

B. "Approved" means acceptable to the department of public health based on its determination as to conformance with appropriate standards and good public health practice.

C. "Delinquency date" means any day or date a swimming pool or spa has commenced or begun operation without first having obtained a current and valid permit issued by the Mono County department of health.

D. "Health department" or "department" means the Mono County department of public health.

E. "Health officer" means the health officer of Mono County or his duly authorized representative.

F. "Permit" means a written authorization to operate issued by the Mono County department of public health.

G. "Person" means any individual, firm, partnership, joint venture, association, corporation, or any other group or combination acting as a unit.

H. "Receipt" means a county public health services fee receipt.

I. "Wood hot tub" means an aerated unit constructed of wood, designed and assembled in the traditional manner of tubs or casks, with sides and bottoms formed of separate boards, and the whole shaped to join together by pressure of the surrounding hoops, boards or rods, as distinct from spa pools formed of plastic, concrete or other materials.

(Ord. 82-508 § 1 (part), 1983.)

A. No person shall begin construction, reconstruction, or alteration of a swimming pool, spa pool, auxiliary structure or related equipment as defined in California Administrative Code, Title 22, Chapter 20, Article 1, Section 65501, without first submitting three sets of legible plans, along with the appropriate fee, and any other information as may be required to determine if the proposed facilities comply with these regulations and regulations prescribed by the state, to the health officer for his review and written approval in advance of the issuance of any building, plumbing or electrical permits.

B. Within thirty days of the receipt of plans and specifications, the health department shall notify in writing the person submitting the plans and specifications of health department approval or disapproval.

(Ord. 82-508 § 1 (part), 1983.)

A. The health department shall enforce applicable standards, rules and regulations as prescribed and set forth by the state of California, in addition to applicable county local ordinances.

B. Wood Hot Tubs Prohibited. No person shall construct, install, operate or manage any wood hot tub for use by the public in conjunction with, but not limited to, any of the following:

1. Commercial recreation places;

2. Community recreation places;

3. Hotels, motels, resorts;

4. Apartment houses, townhouses, condominiums, homeowners' associations;

5. Mobilehome parks, recreational vehicle parks, campgrounds;

6. Health establishments, gymnasiums and clubs. Only private wood hot tubs maintained by an individual for the use of his family and friends are exempt from the provisions of this chapter. The health officer may grant variances for the operation of a wood hot tub, if upon information submitted to the department and inspection of the wood hot tub, it is in compliance with state and county regulations.

(Ord. 82-508 § 1 (part), 1983.)

A. Public Health Permit Required. No person shall own, operate, or manage any swimming pool or spa pool as defined in the California Administrative Code, Title 22, Chapter 20, Article 1, Section 65501, within the area of application, without first having a valid, unrevoked, unsuspended public health permit to do so.

B. Permits and Requirements. Permits required by this chapter are in addition to any other license or permit required within the area of application, and do not exempt any person, operation or premises from sanitary requirements enforced by the health officer.

C. Term. Permits shall be for not more than one year.

D. Separate Activities. If a person owns, manages or operates at the same time more than one permitted activity or object, each such activity or object shall be considered as separate and distinct from the other(s), whether located on the same premises or not.

E. Permit Displayed.

1. Exhibiting on Request. Every person required to have a permit shall show it on request by the health officer.

2. Permits shall be conspicuously displayed at the place of business where the activity is permitted thereon.

(Ord. 82-508 § 1 (part), 1983.)

A. Application. Every person owning, managing or operating any swimming pool or spa pool for which a permit is required, under the provisions of this chapter, shall apply to the health officer for a permit on a form provided by the health officer. Upon inspection and approval of the swimming pool or spa pool, and approval of the application, the health officer shall issue a public health permit for which the applicant shall pay the required fee and penalty, if any.

B. Permit Renewal. Thirty days prior to the expiration date on the permit, the county may send to each person who obtained a permit during the permit year a bill (invoice) for the appropriate permit fee for the following year. The county shall promptly send the permittee a fee-receipted permit when the fee is paid. No such permit is valid or issuable until the required permit fee is received or postmarked before the effective (delinquency) date.

C. Lost Permits. The department, upon receiving a fee, may issue a new permit to a permittee who shows that his permit has been lost or stolen.

D. Seasonal Permits. Seasonal permits may be issued under this chapter. A seasonal pool or spa is one that is not used or made available for use by any person for more than six consecutive months during any twelve- month period.

(Ord. 99-10 § 3, 1999; Ord. 82-508 § 1 (part), 1983.)

A. Permit Fees. Persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's cost of administering this chapter.

B. Plan-Check and Inspection Fees.

1. The department shall collect a fee for checking plans and inspecting construction for new or remodeled swimming pools and spas. Separate plans and required fees shall be submitted to the department for each and every swimming pool or spa proposed to be constructed or remodeled.

2. The fee charged by the department for checking plans and inspecting construction for new or remodeled swimming pools and spas shall be set by resolution of the board of supervisors, not to exceed the county's cost of administering this chapter.

(Ord. 99-10 § 4, 1999: Ord. 82-508 § 1 (part), 1983.)

A. Administration. The health officer shall administer this chapter. The health officer may promulgate regulations to enforce these provisions, including prescribing application and identification forms.

B. Permit Suspension, Revocation and Appeal.

1. After making a written finding that the public health is endangered by the continued operation of a swimming pool or spa pool, the health officer or one of his representatives may order the immediate suspension or revocation of the permit, and may order the immediate closure of the swimming pool or spa pool until such time that the public health danger no longer exists. Any swimming pool or spa pool for which the permit has been revoked shall close and remain closed until a new permit has been issued.

2. Whenever a permit is suspended as a result of an immediate danger to public health and safety, the health officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code sections and informing the permittee of the right to a hearing.

3. At any time within fifteen calendar days after service of such notice, the permittee may request in writing a hearing before a hearing officer to show why the permit suspension is not warranted. Such hearing shall be held within fifteen calendar days of the receipt of request for a hearing. Failure to request a hearing within fifteen calendar days shall be deemed a waiver of the right to such hearing.

4. At the conclusion of the hearing of suspension or revocation, 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 the terms of the suspension or that the permit has been revoked.

5. A permit may be reinstated or a new permit issued if the health officer or a hearing officer or authorized agent determines that conditions which promoted the suspension or revocation of the permit no longer exist.

(Ord. 82-508 § 1 (part), 1983.)