County Ord 465 Public Swimming Pools-SpasORDINANCE NO. 465
(AS AMENDED THROUGH 465.6)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO.
465 REGULATING THE SAFETY, OPERATION AND STRUCTURE OF PUBLIC
SWIMMING POOLS AND SPAS WITHIN RIVERSIDE COUNTY
SECTION 1 - PURPOSE
The purpose of this ordinance is to establish a procedure for the enforcement of
State Statutes and regulations relating to all public swimming pools, spas and bath houses
which are artificial in construction and their related lockers, showers and dressing rooms.
Pool facilities regulated by this ordinance include, but are not limited to, commercial pools,
real estate and community pools, pools in hotels, motels, resorts, duplexes, homeowner
associations, mobile home parks, RV parks, campgrounds, apartments, clubs and in public
or private schools and other institutions as defined in California Code of Regulations Title
22 whether or not an admission fee is charged. This ordinance does not apply to private
pools maintained by an individual at a private, single family residence for the use of family
and friends.
SECTION 2 - DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this
ordinance:
A. "Enforcement officer" shall mean the Director of the Department of Environmental
Health and his or her duly authorized Environment Health Specialists.
B. "Hearing Officer" shall mean the Director of Environmental Health's designee
authorized to conduct hearings for the suspension or revocation of a permit issued
under this ordinance.
C. "Official Inspection Form" shall mean the form provided by the Department of
Environmental Health.
D. "Pool" or "Pool Facility", as used in this ordinance, shall mean swimming pool,
pool, wading pool, special use pool, temporary training pool or spa pool, as defined
in Section 2 of this ordinance.
E. "Public Pool," applies to all those pool or pool facilities listed in Section 65503 of
the California Code of Regulations Title 22. Only private pools maintained by an
individual for the use of family and friends are exempt from provisions of this
ordinance.
F. "Spa Pool" or "Spa" shall mean a pool as defined by Section 65501(f) of the
California Code of Regulations Title 22, and means a pool, not used under medical
supervision, that contains water of elevated temperature, and incorporates a water
jet system, an aeration system or a combination of the two systems.
G. "Special Use Pools" shall mean a pool as defined by Section 65501 of the
California Code of Regulations, Title 22 and means pools designed and used
exclusively for a single purpose such as wading, instruction, diving, competition or
medical treatment where a licensed professional in the healing arts is in attendance.
H. "Swimming Pool" or "Pool" shall mean a pool as defined in Section 65501(a) of
the California Code of Regulations Title 22, and means an artificial basin, chamber
or tank used, or intended to be used, for public swimming, wading, diving, or
recreative bathing, but does not include baths where the main purpose is the
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cleaning of the body, nor individual therapeutic tubs which are drained and sanitized
between each use.
I. "Temporary Training Pool" shall mean a pool as defined by Section 65501(e) of
the California Code of Regulations Title 22, and means an artificial basin, chamber
or tank intended to be used for instruction in swimming and so constructed as to be
readily disassembled for storage or for transporting to and reassembling at a
different location.
J. "Wading Pool" shall mean a pool as defined by Section 65501(b) of the California
Code of Regulations Title 22, and means an artificial basin, chamber or tank used,
or intended to be used, for wading by small children and having a maximum depth of
not to exceed 46 centimeters (18 inches) at the deepest point and no more than 30
centimeters (12 inches) at the side walls.
SECTION 3 - PERMITS
No person shall operate a public pool without obtaining and having in their
possession a valid Environmental Health Permit issued by the Department of
Environmental Health. Application for a permit shall be made to the Department of
Environmental Health upon a form provided by the Department and shall be accompanied
by a fee as established by Ordinance 640. A permit shall be valid for not more than one (1)
year, and once issued is non -transferable.
SECTION 4 - RIGHT OF INSPECTIONS
A. Pursuant to California Health and Safety Code Section 24104, the enforcement
officer shall have the right to inspect any pool facility, or any facility suspected of
being a pool facility, at any reasonable time. If inspection is refused, the permit may
be suspended or revoked, and/or the owner or operator shall be guilty of an
infraction.
B. Each pool and pump room/pool filter equipment room, if locked, shall have keys
made available to the enforcement officer by the pool facility's owner/operator.
SECTION 5 - INSPECTIONS
A. The enforcement officer shall inspect each pool facility and appurtenances at regular
intervals. All pool facilities shall comply with those requirements set forth in the
California and Safety Code Section 116025 et seq., California Code of Regulations
Titles 22 and 24 and the Uniform Building Code.
B. Following an inspection the enforcement officer shall deliver a signed copy of the
Official Inspection Form to the owner, operator, or person in charge of the pool
facility who shall sign in receipt thereof. In cases where no on-site owner, operator
or person in charge is present, the enforcement officer shall mail a copy of the
inspection report to the owner/operator's office
C. 1. The enforcement officer may close the pool/spa if any of the following
condition(s) exist:
a. main drain cannot be seen due to poor water clarity
b. heavy algae growth
C. main drain(s) cover(s) missing or loose
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d. no chlorine residual
e. excessive chlorine residual (as determined by the enforcement officer)
f. loose or missing underwater light
g. any condition which may be found to exist (and cannot be immediately
corrected) which could actually or potentially threaten the public
health, welfare, and safety (i.e.: fecal material in the water, gates
locked in open position, foreign items in the pool or spa, etc.)
h. no current Environmental Health Permit
I. inadequate pool or spa fencing (i.e., - broken or missing fencing or
gate(s); not meeting State code, missing or broken self-closing device
on gate(s) or door(s) etc.)
2. The enforcement officer shall post a "Pool Closed" sign on the gate(s)
leading into the pool area, or on the handrails at the shallow and deep ends
of the pool. These signs shall only be removed by the enforcement officer.
The signs shall be a minimum 11" X 8 ", printed on white paper or plastic,
with bold red lettering.
3. Once the Department has been notified by the owner/operator that the
condition(s) for which the pool/spa has been closed have been corrected, a
reinspection date will be arranged by the enforcement officer. The pool/spa
shall be reopened only after the enforcement officer has verified the
violation(s) for which the pool/spa had been closed have been corrected.
Authorization to reopen shall be issued by the enforcement officer in writing.
D. Any pool facility that has been closed by the enforcement officer shall receive a
reinspection within seven calendar days of the initial inspection, or as otherwise
designated by the enforcement officer to ensure that the violations have been
corrected. When a "POOL CLOSED SIGN" has been posted by the enforcement
officer, it shall remain posted at the pool facility indicating to the public that the pool
facility failed to maintain the minimum Health and Safety standard during the most
recent routine inspection performed by the Department of Environmental Health. It
shall be the responsibility of the owner/operator to ensure that the closed sign
remains posted and clearly visible to potential pool patrons.
E. After a reinspection of the pool facility, should a serious violation or numerous
violations continue to exist and/or condition(s) exist which threaten or potentially
threaten the public health and safety, any or all of the following legal actions may be
taken by the enforcement officer:
1. Continued closure of the pool facility
2. Issuance of a citation
3. Initiation of civil, criminal or other legal proceedings
4. Administrative hearing for the suspension or revocation of the Environmental
Health Permit
5. Assessment of a per -hour reinspection fee as established in Ordinance
640, for any inspections or reinspections exceeding the two
inspections/reinspections as provided for as part of the general operating
permit.
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F. Any permit may be suspended or revoked by the enforcement officer for a violation
of this ordinance, including by reference California Health and Safety Code,
California Code of Regulations Title 22 and 24, and the California Building Code.
Any pool facility for which the permit has been revoked shall close and remain
closed until a new permit has been issued. Whenever a local enforcement officer
finds that a pool facility is not in compliance with the requirements as set forth in
California Health and Safety Code, California Code of Regulations Title 22 and 24,
and Uniform Building Code, a written notice to comply shall be issued to the
permittee. If the permittee fails to comply, the local enforcement officer shall issue
to the permittee a notice setting forth the acts or omissions with which the permittee
is charged, and informing him or her of a right to a hearing, if requested, to show
cause why the permit should not be suspended or revoked. A written request for a
hearing shall be made by the permittee within 15 calendar days after receipt of the
notice. A failure to request a hearing within 15 calendar days after receipt of the
notice shall be deemed a waiver of the right to a hearing. When circumstances
warrant, the hearing officer may order a hearing at any reasonable time within this
15 -day period to expedite the permit suspension or revocation process. The hearing
shall be held within 15 calendar days of the receipt of a request for a hearing. Upon
written request of the permittee, the hearing officer may postpone any hearing date,
if circumstances warrant such action. 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 shall state the terms of the suspension or
the causes for which the permit has been revoked. At any time within 15 calendar
days after service of a notice, the permittee may request in writing a hearing before
a hearing officer to show cause why the permit suspension is not warranted. The
hearing shall be held within 15 calendar days of the receipt of a request for a
hearing. A failure to request a hearing within 15 calendar days shall be deemed a
waiver of the right to such hearing. The enforcement agency may, after providing
opportunity for a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any of the requirements of this ordinance or for interference in
the performance of the duty of the enforcement officer. A permit may be reinstated
or a new permit issued if the enforcing officer determines that conditions which
prompted the suspension or revocation no longer exist.
G. Notwithstanding the foregoing, if any immediate danger to the public health or safety
is found, the enforcement officer may temporarily suspend the permit and order the
pool facility immediately closed. Immediate danger to the public health and safety
means any condition, based upon inspection findings or other evidence, that can
cause drowning, disease or other hazardous condition including but not limited to
those listed in Section 5 C (1) of this ordinance.
H. Failure by the owner/operator to abate within 24 hours an immediate and severe
danger to public health may result in an order to drain the pool and/or secure the
area as to prevent access by children or adults. This includes, but is not limited to
the erection of a fence (if one does not already exist) around the pool in question.
I. Any reinspection following legal actions, other than one (1) reinspection after an
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initial administrative hearing, will result in the owner/operator being charged an
hourly on-site fee.
SECTION 6 - RECORDS
A daily record of the operation of the pool shall be kept by the owner or operator on
forms supplied by the enforcement officer. These records shall be available at the pool
facility for review by the enforcement officer upon request.
SECTION 7 - NEW CONSTRUCTION AND/OR MODIFICATION(S) OF EXISTING POOL
FACILITIES
Every person proposing to construct or remodel a public swimming pool or
bathhouse, or related locker, shower or dressing room, pool and/or spa fencing shall submit
the plans and specifications to the enforcement officer for approval prior to construction.
The enforcement officer shall check the plans for compliance with the provisions of the
California Code of Regulations.
SECTION 8 - CRIMINAL PENALTIES
A. Any person violating any provision of this ordinance is guilty of an infraction or
misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a
separate offense for each day during which any violation of this ordinance is
committed or allowed to exist.
B. Any individual convicted of a violation of this ordinance shall be:
1. Guilty of an infraction and punished by a fine of not less than fifty dollars
($50.00), but not to exceed one hundred dollars ($100.00) for the first
offense.
2. Guilty of an infraction and punished by a fine of not less than one hundred
dollars ($100.00), but not to exceed two hundred dollars ($200.00) for the
second offense.
3. The third and any subsequent offense shall constitute a misdemeanor, and
shall be punishable by a fine of not less than five hundred dollars ($500.00),
but not to exceed one thousand dollars ($1,000.00) and/or six (6) months in
county jail, or both.
C. Notwithstanding the foregoing, a first or second offense may be charged and
prosecuted as a misdemeanor.
D. Payment of any penalty herein shall not relieve an individual from the responsibility
of correcting the violations as noted on the Official Inspection Form.
E. The Department shall collect all infractions and penalties arising under this section.
The court shall receive the court administrative fees.
SECTION 9 - PUBLIC NUISANCE DECLARATION
Any violation of this ordinance is hereby deemed to be a public health nuisance
dangerous to health and may be abated by the enforcement officer, irrespective of any
other remedy herein above provided. As an alternative measure the enforcement officer
may file an action with the court to abate the public nuisance.
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SECTION 10 - CIVIL PENALTIES
Any person who willfully violates any provision of this ordinance or any other rules or
regulations adopted by the Department of Environmental Health pursuant to this ordinance,
in addition to any criminal penalties, shall be liable for a civil penalty of between fifty dollars
($50.00) and two hundred fifty dollars ($250.00) for each day of violation. The enforcement
agency shall be authorized to file and maintain an action in a court of appropriate
jurisdiction to collect any such civil penalty arising under this section.
SECTION 11 - PENALTIES AND COST RECOVERY
The procedures, remedies and penalties for violation of this ordinance and for
recovery of costs related to enforcement are provided for in Ordinance number 725, which
is incorporated herein by this reference.
SECTION 12 - SEVERABILITY
If any provision, clause, sentence or paragraph of this ordinance, or the application
thereof to any person or circumstances shall be held invalid, such invalidity shall not affect
the other provisions of applications of the provisions of this ordinance which can be given
effect with the invalid provision or application and, to this end, the provisions of this
ordinance are hereby declared to be severable.
SECTION 13 - EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.
Adopted: 465
05/31/1960 (Eff: 06/30/1960)
Amended: 465.1
08/08/1960 (Eff: 01/01/1976)
465.2
11/30/1971 (Eff: 01/01/1976)
465.3
02/08/1972 (Eff: 01/01/1976)
465.4
12/02/1975 (Eff: 01/01/1976)
465.5
Item 3.2 of 02/21/1989 (Eff: 03/23/1989)
465.6
Item 3.1 of 07/30/1996 (Eff: 08/29/1996)
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