Title 8 — HEALTH AND SANITATION›Chapter 8.40 — SWIMMING POOLS
San Marcos Municipal Code Art. I Public Swimming Pool Plans
San Marcos Municipal Code · 2026-09 edition · updated 2026-09-30 · San Marcos
Cite as: San Marcos Municipal Code Article I · Text as of 2026-09-30
8.40.010 - Review of Plans for Public Swimming Pools—Fee.¶
Any person desiring the review and approval of plans and specifications for a public swimming pool by the Director Health Services pursuant to Section 8.16.080 of Title 17 of the California Administrative Code shall submit said plans to the Director accompanied by a fee as set forth in Section 8.16.010 of this Code to cover the cost of said review. As soon after the plans and specifications are submitted as is practical, the Director shall review or cause to be reviewed said plans and specifications and shall determine whether they are in accordance with the requirements of Section 7780 et seq. of Title 17 of the California Administrative Code. In the event that the plans and specifications do not comply with said Administrative Code provisions, amended plans and specifications may be submitted to the Director for re-review and approval, and the fee for each such re-review shall as set forth in this Code, payable to the Director in advance.
8.40.020 - Permit—Required.¶
(a)
No person shall maintain or operate any pool except a private pool unless an annual operating permit is issued therefor by the Health Officer. A pool shall be considered a private pool if it is maintained by an individual for the use of his family and friends and for swimming instruction programs of short duration which are conducted by or sponsored by the American Red Cross.
(b)
An annual operating permit issued by the Health Officer is required for operation of any public pool including, but 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, public or private schools and gymnasium, and health establishments.
(c)
Every person applying for a permit as required by this section shall, at the time of making application for such permit, pay an annual inspection fee for the first pool under one ownership and on the same property as set forth in Section 8.16.010 of this Code, and a fee for each additional pool on the same property and under the same ownership as set forth in Section 8.16.010 of this Code.
(d)
The annual operating permit shall be effective for a 12-month period from the date of issuance. The required permit shall be applied for and issued as prescribed in Chapter 8.16.
8.40.030 - Permit—Not Transferable.¶
A permit is not transferable from one person or one place to another, and shall be deemed voided if removed from the place or location specified in the written application and in the permit.
8.40.040 - Violation—Infraction—Misdemeanor.¶
(a)
Except as provided in subsection (b), any person violating any provision of this article shall be guilty of an infraction.
(b)
A person convicted of a third or subsequent violation of this article within two years shall be deemed guilty of a misdemeanor.
(c)
Each day on which a violation occurs or continues shall constitute a separate offense.
8.40.050 - Enforcement.¶
The provisions of this article shall be enforced by the Director of Health Services.
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