San Luis Obispo County Municipal Code Ch. 8.60 Public Swimming Pools

The health officer and the environmental health services division of the public health department shall enforce state laws and regulations relating to public swimming pools, including the building standards published in the state building standards codes; standards for pool sanitation and safety in Article 5 of Part 10 of Division 104 of the California Health and Safety Code (commencing with section 115920); and related state regulations (see Title 22, California Code of Regulations, sections 65501 to 65551, and Title 24, California Building Code, chapter 31B, sections 3101B to 3162B.).

(Ord. No. 3468, § 42, 4-5-22)

Editor's note— Ord. No. 3468, § 42, adopted April 5, 2022, repealed § 8.60.010 and enacted a new § 8.60.010 as set out herein. Former § 8.60.010 pertained to swimming pool permits and derived from Ord. 1914, § 1(part), adopted 1978.

(a) It shall be unlawful for any person to operate a public swimming pool without a valid permit issued by the health officer or her/his duly authorized representative. A permit is not valid unless required fees, including any related late payment fees, have been paid.

(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or both. Each day that a person violates subsection (a) is a separate violation.

(c) The county may also enforce any violation of subsection (a) by an action for injunctive relief.

(d) All of the general procedures governing plan review and the issuance, renewal, transferability, suspension and revocation of health permits set forth in Chapter 8.06 of this code are incorporated by reference.

(Ord. 1914 § 1 (part), 1978)

(Ord. No. 3468, § 43, 4-5-22)

(a) If the health officer or her/his duly authorized representative determines that a public swimming pool is operating without a valid permit, the health officer or her/his duly authorized representative may order the public swimming pool to close immediately. In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the health officer or her/his duly authorized representative may post a notice of closure at or on a public swimming pool location that is operating without a permit, advising the public that the pool does not have a permit to operate.

(b) The health officer or her/his duly authorized representative may also post a notice of closure on a public swimming pool:

(1) When the health officer or her/his duly authorized representative orders the pool to close due to an imminent health hazard that is not immediately corrected.

(2) When the health officer or her/his duly authorized representative suspends or revokes the facility's permit.

(c) No person other than the health officer or her/his duly authorized representative shall remove a notice posted by the health officer or her/his duly authorized representative pursuant to this section.

(d) An order issued pursuant to subsection (b) may be appealed according to the provisions set forth in Chapter 8.06. An appeal shall not stay the closure of the pool.

(Ord. No. 3468, § 44, 4-5-22)