Sonoma County Municipal Code Art. IV Public Swimming Pools

This article provides for the enforcement of California laws and regulations pertaining to public swimming pools, and to establish local requirements as authorized in Health and Safety Code Section 116025 et seq.

All definitions, authority, scope, responsibilities, requirements, standards, conditions, exemptions, procedures and penalties described within state law are adopted. The provisions of this article are authorized pursuant to state law and are intended to supplement and not to preempt state law. Laws and regulations enacted by the state of California that surpass the requirements of this article, which pertain to health and sanitation of public swimming pools shall take precedence and supersede these provisions.

(Ord. No. 6144, § I, 3-1-2016)

(a) No person shall operate in the county, or in any incorporated city in the county, any public swimming pool, as defined in Health and Safety Code Section 116025, without a valid swimming pool permit. The enforcement officer or a state officer is permitted by state law to conduct periodic inspections and to act in the enforcement of any statute, order, quarantine, rule or regulation prescribed for public swimming pools.

(b) All applications for swimming pool permits shall be on a form supplied by the department and shall be accompanied by the applicable fee(s), as described in Section 14-4-030.

(c) Public swimming pool permits for each location, enterprise or establishment shall be issued only after submission of an application, investigation by the enforcement officer, and a finding by the enforcement officer that the applicant is in compliance with all applicable statutes, orders, quarantines, rules, regulations, and this article.

(Ord. No. 6144, § I, 3-1-2016)

(a) Permit fees applicable to this article shall be established by resolution of the board of supervisors. The fee shall be calculated so as to recover the reasonable regulatory cost of administration and enforcement of this article, including, for example, issuing a permit, administering the permit program, inspections, investigations, compliance checks, documentation of violations, late fees for delinquent permits, and enforcement measures, but shall not exceed the cost of the regulatory program authorized by this article and by California law. All fees and interest upon proceeds of fees shall be used exclusively to fund administration and enforcement of this article. Fees are nonrefundable except as may be required by law.

(b) Each applicant shall pay to the department, at the time of filing an application for a permit, the annual permit fees established by resolution of the board of supervisors. Permits shall not be transferable.

(c) Any permit that has not been reissued by the anniversary date will not be valid, due to failure to submit the application and permit fees, shall be deemed delinquent. Any swimming pool permit, which has remained delinquent for thirty (30) days past the anniversary date, shall be subject to a late fee. Additional late fees shall be assessed at sixty (60) days. The amount shall be included in the fee schedule approved by the resolution of the board of supervisors.

(d) Conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur additional reinspection service fees as provided in the fee schedule in effect at the time of noncompliance.

(Ord. No. 6144, § I, 3-1-2016)

Any person who violates any provision of the swimming pool sanitation laws (California Health and Safety Code Section 116025 et seq.), building standards published in the State Building Standards Code relating to swimming pools, or the rules and regulations adopted pursuant thereto, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both, as set forth in California Health and Safety Code Section 116065.

(Ord. No. 6144, § I, 3-1-2016)