San Bernardino County Municipal Code Art. 1 General Provisions

Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (EHC), Health and Safety Code (H & S Code) §§ 115875 et seq. (Public Beaches), §§ 115825 et seq. (Recreational Use of Reservoirs), §§ 117505 et seq. (Vessel Sanitation), §§ 117510 et seq. (Pollution by Vessels), §§ 116975 et seq. (Water Supply Provisions), §§ 115975 et seq. (Health and Safety of Bathers), Administrative Code (C.A.C.) Titles 22 and 24, and other applicable State law, this jurisdiction hereby authorizes, that all laws of the State and of this EHC pertaining to public water-contact recreation be enforced within this jurisdiction by the Director and Enforcement Officers of the Department of Environmental Health Services (DEHS) of the County of San Bernardino.

(Ord. 3105, passed - -1986)

Definitions herein shall supplement all definitions in State law pertaining to public water-contact recreation, and those of Chapters 1 and 3 of this EHC.

(a) Definitions.

ACCESS DEVICES. Defined at § 33.1107 herein.

ARTIFICIAL WATER RECREATIONAL RESORT (AWRR). Applies to: any lake, lagoon, basin, water course or other bathing area primarily designed for water contact recreation with water transferred from a public water system holding a permit from the State Department of Health Services or from another approved source.

DIRECT FEE. Money or other forms of compensation such as goods, wares, merchandise or labor for access to the facility.

NATURAL WATER RECREATIONAL RESORT (NWRR). Applies to: bays, lakes, water courses or other water contact recreation areas with a natural source of water.

PUBLIC SWIMMING POOL and related public POOLS. As defined as per the State Health and Safety Code and Administrative Code Title 22.

WATER CONTACT RECREATION. Include all public recreational activities where there is a high probability of water ingestion and where related activities create a significant public health and safety risk. Such activities shall include: wading, swimming, bathing, and diving. Such activities shall not include: boating, sailing, fishing, and similar activities where bodily contact with water is insignificant, or unlikely, or for any activity not involving the public.

WATER CONTACT RECREATION RESORTS (WCRR). Include all public water contact recreation facilities for which direct or indirect fee is charged for the use of the facility. WCRR shall include: water theme parks, swim or wave lagoons, natural and man-made lakes and water courses, and similar public water contact recreational places.

(b) Scope.

(1) The provisions of this Chapter shall apply to all WCRR as defined in § 33.1102, including but not limited to:

(A) Commercial WCRR+;

(B) Real Estate WCRR;

(C) Community WCRR;

(D) Hotel and Motel WCRR;

(E) Resort WCRR;

(F) Auto and Trailer Park WCRR;

(G) Auto Court WCRR;

(H) Apartment and Townhouse WCRR;

(I) Club WCRR;

(J) Public or Private School WCRR;

(K) Health Establishment WCRR;

(L) Condominium WCRR;

(M) Mobilehome Park WCRR;

(N) Campground WCRR;

(O) Homeowner Association WCRR;

(P) Public Park WCRR.

(2) WCRR shall be presumed to be private where there are four or less dwelling units. Such private facilities and lakes or water courses used solely for boating, sailing or fishing are exempt from the provisions of this Chapter.

(Ord. 3105, passed - -1986)

Design, construction, operation and maintenance of facilities of all WCRR shall be such as to reduce to a minimum the risks of drowning, injury and transmission of disease.

(a) The facilities operation shall be under the close supervision of one or more experienced operators.

(b) Records shall be kept on the premises and readily available for inspection by DEHS, to show compliance with these regulations.

(Ord. 3105, passed - -1986)

(a) Chemical Quality of Water. Chemical quality of water shall, at all times, be such that there is not irritation of eyes or skin of the bathers, nor other objectionable physiological effects on bathers. Water in the WCR shall have a pH of not less than six point eight or more than eight point four;

(b) Microbiological Quality. WCRR waters shall be routinely sampled and analyzed, at the operator’s expense, for microbiological contamination. Samples shall be collected at a frequency, and from representative locations, as determined by the DEHS. The fecal coliform density from any consecutive sets of samples collected within any 30 days shall not exceed an arithmetic mean of 200 organisms per 100 ml. When fecal coliform density of any sample collected exceeds 1,000 per 100 ml., the DEHS shall order the closure of the water contact area and follow-up daily sampling shall be immediately commenced with waters analyzed for fecal coliform for at least two consecutive days. If any follow-up daily sample exceeds 1,000 per 100 ml., the water contact area shall remain closed, with the appropriate signs posted and maintained by the owner/operator, and shall not reopen without prior written approval being obtained from the DEHS. Periodic sampling for specific pathogens shall be required if ordered by the Health Officer. WCRR which utilize an approved filtration and disinfection system may, upon approval by the DEHS, maintain a daily log of disinfectant and pH test readings in lieu of microbiological sampling. Fecal coliform sampling shall be conducted prior to the commencement of each season’s use and as requested by the DEHS. Routine water samples shall be obtained from representative portions of the swim area at a depth of two feet. Microbiological analysis shall be made in accordance with procedures recommended by the latest edition of the “Standard Methods for Examination of Water and Sewage” of the American Public Health Association.

(Ord. 3105, passed - -1986)

(a) No person or entity shall commence any construction activities for any WCRR without plan review and construction permits first being obtained from the DEHS and Building and Safety as provided for by the code of this jurisdiction. Special studies and data prepared by a registered civil engineer shall be furnished to the DEHS, sufficient to demonstrate due consideration of, and every reasonable elimination of, threats to the user public’s health and safety. The requirement for special engineering studies may be waived by the Director of the DEHS if it is determined that such an omission will not adversely affect the design, construction, operation and/or maintenance of the resort in question from the viewpoint of public health and safety. Facilities shall be built according to approved plans unless changes are approved in writing by the DEHS. The owner shall notify the DEHS of the completion of a WCRR at least one week in advance of the anticipated opening or operation of the facility.

(b) No person or entity shall own, operate, or allow the operation of any public swimming pool, or related public pool, or water contact recreational resort (WCRR) without first applying for, receiving, and retaining an unexpired, unsuspended, unrevoked operational permit for each facility from the DEHS. Service and related fees shall be paid to the DEHS in those amounts specified in the San Bernardino County Code Schedule of Fees.

(Ord. 3105, passed - -1986)

WCRR have complex, unique and/or peculiar public health and safety risks that require special engineering studies and consultation with DEHS prior to their construction or operation. Each operation is customized and will require an individual evaluation by DEHS as to the potential public health and safety threats. Specific construction details or specifications for the facility and its support operations, as required by DEHS, shall conform to recognized safety engineering principles.

(a) Engineering Studies Required. Every proposed operation shall adequately consider by means of detailed engineering studies every reasonably anticipated potential hazard of a mechanical, chemical, microbiological and other relevant danger.

(b) Facilities shall comply with Federal or State standards where more stringent than those contained herein.

(Ord. 3105, passed - -1986)

Access devices are any artificial means to effect entry into the WCRR, such as diving boards, slides, water flumes, ropes, cargo nets, and swings.

(a) Diving Boards. Diving boards, when used, shall be installed and used only under conditions safe for both divers and bathers.

(1) At least 15 feet of free and unobstructed head room is to be provided above diving board and towers;

(2) No diving board or platform shall be more than ten feet above water level for unrestricted use by patrons;

(3) Where diving boards or platforms are used, they shall be structurally sound and in good repair;

(4) Where a diving board not greater than one meter high is used, the water depth under the board shall be a minimum of eight feet six inches; this depth to extend a minimum of ten feet in front of the end of the board; beyond this point, the slope of the bottom upwards toward shallow water shall not be steeper than one foot vertical for each three feet horizontal. A side clearance depth of eight feet six inches shall extend a minimum of ten feet as measured from the edge(s) of the platform and/or board.

(5) For a three meter (ten foot) board, the water depth under the board shall be at least 12 feet, this depth to extend a minimum of 15 feet in front of the end of the board; beyond this point, the slope of the bottom upward toward shallow water shall not be steeper than one foot vertical for each three feet horizontal. A side clearance depth of 12 feet shall extend a minimum of 15 feet as measured from the edge(s) of the platform and/or board.

(b) Slides, Water Flumes, Ropes and Swings. All entry devices including those cut into the slope of a natural hillside, into an artificially excavated hill, or supported by a structure, shall be designed and built to provide a safe entry, support strength and proper angle alignment for the access devices.

(1) Materials Selection and Finishing. The selection of all component and accessory materials shall be such that all parts with external surfaces and edges that may come in contact with the user are assembled, arranged, and/or finished (deburred, polished) so that they will not constitute a cutting, pinching, puncturing, or abrasion hazard under casual contact and intended use. All components shall be carefully analyzed to ensure that the materials will not degenerate or decompose with time or exposure to the elements of nature.

(2) Structural Design. The owner and a registered civil engineer shall have the responsibility for the safe design and construction of the entire facility. The access device’s structural design shall be in accordance with generally accepted structural engineering practice and provide a sound, durable structure which will safely sustain all dynamic and static stresses involved. Flumes and pools shall be watertight. All water contact surfaces shall be of inert, nontoxic materials, smooth and easily cleanable. All parts and components shall be accessible for cleaning and safety inspection purposes.

(3) Flume Exit System. A flume exit system shall be provided so that safe entry into the splash area is accomplished for all deceleration distance(s), and for attitude control prior to entry. Every design shall assure a safe exit velocity and attitude control of the user under normal use.

(4) The splash area shall be designated and separated with safety ropes and buoys and from the general swimming area.

(5) Sufficient numbers of attendants shall be on duty at the entry areas at all times slides are available for use. Clear, unobstructed vision to all entry and exit areas occupied by participants shall be provided.

(c) All structural elements, including pools, building, access devices or structures affecting the public shall be inspected for safe operation and maintenance by a registered civil engineer at least once a year prior to any use if the facility is seasonal, or at six month intervals for access devices in continuous operation. A signed inspection report shall be provided to the owner/operator with a copy to the DEHS.

(Ord. 3105, passed - -1986)

Where water is available for domestic purposes at water contact recreational resorts, it shall:

(a) Be from an approved water system holding a permit granted by the State or the DEHS and meet the criteria of the California Health and Safety Code and the Administrative Code Title 25, with respect to water quality and quantity;

(b) Be delivered in sufficient quantity and with sufficient pressure to assure the satisfactory functioning of all fixtures served by the water supply;

(c) Be protected at actual or potential connections with systems containing water that is not approved as safe and potable for human consumption with acceptable back flow prevention devices to prevent contamination of the drinking water system.

(Ord. 3105, passed - -1986)

No person, firm or public agency shall maintain a resort where bathers are invited or permitted to use any WCRR when the waters thereof are within the zone of degradation and active decomposition of known sewage discharge.

(a) No WCRR shall be located where a sewage discharge is known to exist in the immediate vicinity of, or immediately upstream from bathing areas.

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

(Ord. 3105, passed - -1986)

Adequate sanitary toilet facilities shall be provided:

(a) Separate toilet facilities shall be provided for each sex;

(b) Toilets, urinals and lavatories shall be provided as required by the latest edition of the Uniform Plumbing Code, Appendix C, “Assembly Places for Public Use.”

(c) Urinals and toilets shall be so located that they are easily accessible to the bathers;

(d) Water flush toilets shall be provided wherever possible. Where chemical toilets are permitted, they shall be from an approved source and serviced on a regular basis by a permitted operator.

(e) All toilets shall be kept clean and in working order, shall be properly serviced with toilet paper, and shall be maintained in good repair.

(f) Lavatories shall be located adjacent to toilets and shall be provided with running water. Hand washing detergent or soap and sanitary towels in dispensers or air blowers shall be provided.

(Ord. 3105, passed - -1986)

Where such facilities are provided they shall be sanitary and adequate.

(a) Running water under pressure shall be available;

(b) Soap shall be provided in dispensers or containers on indoor showers;

(c) Tempered water should be provided at all showers;

(d) Showers shall be of such design that a proper mixture of hot and cold water may be obtained without danger of scalding the bather. Where hot water is available, its temperature shall not exceed 110°F.

(Ord. 3105, passed - -1986)

Dressing rooms shall be present where indoor showers are provided, and shall be sanitary and adequate. Dressing rooms shall be constructed and finished in a safe and sound manner.

(Ord. 3105, passed - -1986)

Floors and walks of shower, locker, dressing and toilet rooms, and walls adjacent thereto shall be constructed and maintained so that they will, at all times, be safe and sanitary.

(a) Floors and walls of shower, locker, dressing and toilet rooms shall be of a smooth, washable material capable of withstanding repeated flushing with a hose;

(b) Partitions shall be waterproofed to a height of 12 inches above the floor or terminate at least eight inches above the floor;

(c) Floors and walks shall be hosed down daily;

(d) Floors and walks of change rooms, dressing rooms, showers and hallways which are apt to be wet, shall be constructed of toughened cement, tile or other impervious material so as to reduce slip hazards; such floors and walks shall be laid on an even pitch of one-quarter inch to three-eighths inch per foot; and shall be maintained in good repair;

(e) All floors shall drain into covered sanitary drainways or floor drains;

(f) A system of piped water with an adequate number of hose bibbs shall be provided to enable the flushing of all floors.

(g) Walls and ceilings of dressing rooms may be constructed of other materials approved by the DEHS.

Artificial lighting shall be provided for all bathhouses and dressing rooms that are to be used at night and for those that do not have adequate natural lighting.

(a) Lighting fixtures shall be of such number and design that all areas of the WCRR are adequately illuminated.

(b) Arrangement and design of the lights shall be such that lifeguards may see clearly every part of the bathing waters, the beach, all diving boards, towers, floats and other appurtenances without being blinded by the lights; underwater lights shall be present and adequate where nighttime swimming occurs.

(c) All lights shall be adequately protected to prevent breakage and electrical shock hazards.

(Ord. 3105, passed - -1986)

All structures and enclosed patios shall be adequately ventilated.

(Ord. 3105, passed - -1986)

Where bathing suits and towels are furnished by the WCRR management, they shall be properly laundered and sanitized.

(a) Bathing suits and towels shall be thoroughly washed, rinsed and dried after each use, and when issued, shall be in a condition equal to that produced by commercial laundries;

(b) Bathing suits and towels shall be gathered up promptly after their use and not allowed to litter the premises;

(c) Clean suits and towels shall be kept separate from dirty suits and towels.

(Ord. 3105, passed - -1986)

No person having a communicable disease shall be employed in any capacity at any WCRR. All persons known to be, or suspected by the DEHS or the management of being afflicted with a communicable disease, shall be excluded from the WCRR, until clearance is obtained from the Health Officer or a licensed physician.

(Ord. 3105, passed - -1986)

Every WCRR and its environs shall be maintained in a clean condition, free of refuse. All rodent harborage and insect breeding areas shall be eliminated.

(Ord. 3105, passed - -1986)

Notices shall be posted regulating the conduct and the improper practices of bathers.

(a) Notices shall be posted about the premises requesting bathers to make use of the toilets, and where available, showers, before entering the water. The DEHS may require posting of notices regulating public conduct.

(b) Notices shall be posted regarding exclusion of persons with a communicable disease;

(c) Where no lifeguard is provided, a warning sign shall be placed in plain view along beach shorelines at reasonable intervals and shall state “Warning -- No Lifeguard on Duty, Children Under Age of 14 Should Not Use Without An Adult in Attendance,” with clearly legible letters at least four inches high (10.2 cm).

(d) At all WCRR, diagrammatic illustrations of approved mouth-to-mouth artificial respiration procedures shall be posted. Such illustrations shall be protected against the elements. The emergency telephone number “911" shall be prominently posted.

(Ord. 3105, passed - -1986)

Existing WCRR that do not meet current construction standards may be granted two years from the date of the adoption of this Chapter to comply. The director of the DEHS may waive certain requirements for noncomplying facilities, on an individual basis where such waiver would not adversely affect public health and safety.

(Ord. 3105, passed - -1986)

It shall be unlawful for any person or entity to violate any provision of this Chapter. Except as provided herein, all remedies/penalties of Chapters 1, 2, and 3 of this EHC shall apply to this Chapter, and are in addition to all others provided by law.

(Ord. 3105, passed - -1986)