HomeMy WebLinkAbout2763AN DRDINANGE OF TH~ COUNTY OF BvT~E
ADDING CHAPTER 42 ENTITLED "PUBLIC SWIMMING"
POO~ dP~RATTNG L~CENS~S
THE BOARD O~ SUPERVTSORS OF THE COUNTY OF BUTTE, STATE ~F
CALTFORN~~, ORDAINS AS F~L~pW5:
Section 1: Chapter 42 is hereby added to the Butte County Code
ta read as follows:
CHAPTER ~2
PUBLTC SWZMMING POOL OPERATING L~CENSE
S~CTION 42-1. TITL~
This chapter may be known and may b~ cited and referred to
as the Public Swimming Pool Operating License Ordinance o~ the
Ga~~ty of Bu~te.
SECTI~N 42-2. AUTH~R~TY
This chapter is enacted pursuan~ ta authority ~on~~rred by
Sections 476 and 510 0~ ~he Health and Safety Code of the State
of California.
SECTIOI~T-~2-3. FINDINGS
'The Boa~d o~ Superv~.sors of the County of B~t~e hereby
determ~.nes, pursuant ta 5ection 510 of the H~alth and Safety Code
a~ the S~ate of Ca].ifornia, that the expenses of the health
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o~fic2r of this caun~y in the enforcement of sta~u~es, orders,
quarantinesr rules or regu~ations prescribed by s~ate office~s ar
departments r~~ating to the public heal~h which e~ther require or
autharize the health officer of this cou~ty to perfarm specified
acts, pertaining to public swimming pools, are not met by any
f~~s prescribed by ~he s~a~e.
SECTION 42-~. PURPOSE
It is the purpose of ~his chapter to require apera~ing
licenses ~ar p~blic swi~ming poa7s and to au~horize the
prescriptlQ~ of sueh fees as wi~~ ~ay ~he reasanable expenses o~
the health officer incurred in cannection the~ewith and in
eonnec~ion with the en~orcement of such statute, orde~s,
qua~anti~es, rules or regulations pertaining to public sw~mming
pools.
SECTION 42-5. CzTIES
The provisions of this chapter sha~l apply within any city
in the County whe~ the governing board ~he~eof consen~s to
county heal~h administra~ion ~or that city p~rsuan~ to Section
476 of the Health and Safety Code n~ the State a~ Ca~ifornia; and
the sched~le o~ ~ees autho~ized by ~hzs cha~ter sha~~ be
applicable ~n the area in which the health off~cer of this Gounfiy
enforces any statutz, ord~r, quara~tine. ~ule or regulation
prescr~bed by a state health of~icer ar depa~~ment rela~ing ~o
public health.
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SECTION 42-6. SCOPE AND D~FINTTZaNS
For purpose of this chapter, unl~ss the provisions or the
cantex~ indicates otherwise, the t~r~s and words used herein
sha~l have the mea~ings set foxth in Chapter 20, Artic~e 1, Title
22, Ca~~~arnia Admi~istrative Code, commen~ing with S~ction
65~01, and entitl~d °Design, Const~~ction, Ope~a~ion, and
Maintenance of Public Swimm~ng Paols."
SECTION 42-7. OPERAT~NG L~CENSE R~ UIRED• ~~emption
(a) ~iCense ~equ~r~d. No person sha~i aperate ar maintain
any of th~ fol~owing estab~ishments, faci~~ties, businesses or
activ~ties without a va~id operating license to do issued by the
heal~h o~~icer:
{1j Commerical swimming pools
(2} Rea~ estate swimming pools
(3) Ca~munity sw~mming poo~s
(4) Hotel swimming pao~s
(5) Mot~l swimming pools
(6) Resort swimming pOD~S
(7} Auta and ~railer pa~k swimming poo~s
(8} Auto court swimm~ng poo~~
(9) Apartment house swimm~ng pools
(10? Club swimming poo~s
(1~} Pub~ic or priva~e ~chool swi~~~ng pool~
(12) Gymnasium swimming pools
(13) Health estab~ishment swimming p~nls
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(14) Tawnhouse swimming paols
(~5? Condomi~~~m swimming pools
(~6~ Mobile home park swimming poa~s
~17) Campgro~nd swi~~ing pools
~~8} Homeowner association swimming poo~s
(19} Any other public poal as defined by Sections 6~50~ and
~5503, Tit~e 22, Cal~farnia Ad~inis~rative Cod~.
(by ~xemption. On~y in private poals maintain~d by an
i~dividual ~or use of family and friends are exempt ~rnm the
p~ovisions o~ th~s chapte~.
S~C~ION 42-8. APP~~CATION ~OR OPERATTNG LTC~NS~
Anx p~rson required ~o apply ~or a~d obta~n an operat~ng
license far a public sw~mming pool u~der the prav~sians of this
chap~er shall complete and submit ~o the heal~h afficer ~n
application for such operating ~acense toge~her wi~h a11
req~ir~d ~ees a~d plans, on farms provided for the purpose by
the health of~ice~.
SECTTON 42-9. ~SSUANCE OR DENIAL 4F dPERATING LTCEN~E
~~ ~h~ hea~th nfficer finds ~hat the appl~cant is i~
ca~pliance w~th the sta~dards specified by th~s chapt~~ and by
th~ appliCabl~ state laws and regulations, ~he health of~~csr
shall issue ~he operating license. Z~ he finds ~hat th~
applican~ has not complied with ~he standards spec~fied by this
chap~er and by the applicable sta~~ ~a~s, the health o~~icer
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sha11 deny the operating license.
SECT2~N ~2-~0. APPROVAL OF PLANS BY HEA~TH OFFTCER BEFORE
ISSUANC~ OF BUZLDI~G P~RMIT
~he bui~ding depar~rnent hav~ng Jurisdiction over ~he area
where the proposed facili~y listed in Sectio~ 42-7 (a) will be
lncat~d~ shal~ notify ~he heal~h officer when plans to b~ild or
modify such a~acility ar~ received. A buzlding pe~mi~ shall not
be issued unt~~ the health af~ieex approves the plans. The plans
shall be apprav~d or rejected within thirty (3~} days a~ter
rec~ipt by the health officer, and the applican~ shall b~
notified a~ such decision.
SECTTON ~2-11. APPLTCATION OF CH~PTER TO AUXILTARY STRUCTURES
AND E4U~PM~NT
The prova~ions of this chapter shall apply ~o a~~ auxiliary
structu~es and equipment provided and maintained zn connectipn
wi~h the sw~mming pools ~is~ed in Section 42~7 (a), including but
nat ~imited ~o:
(1) Lock~x raoms
~2} 5hower rooms
f3y Dressing ~ooms
(4) Toile~ facil~~ies
(5) Filtra~ion equipment
(6) P~mping equipment
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(7) piping
(8) Disinfecting ~quipmen~
(9) ~afety equip~ent
~ECTTON 42~12. FEES
Each applica~ion to operate or Cons~ruct a
poo~ shal~ be accompanied by the fe~s prescribed
Code Sect~on 43-10. No public opera~ing ~icense
or renewed un~ess the applicant pays said ~ees,
in no ~vent exceed the actua3 cost ~o the coun
se~vices requi~ed to ensure compZ~an~e with the
this chapter.
S~CTION a2-13. T~RM oF OPERATTNG LICENSE
public sw~mm~ng
in B~~~e Coun~y
shall be gran~ed
said fe~s shall
ty to conduct the
requir~ments of
~he ter~ of the operating license, other than a~icense
issued ~or a~imited ~erm, shall b~gin w~th ~ts issuance and,
un~ess sooner s~spended or ~evoked, co~~inue ~h~ough twe~ve
months ~rom July 1 of ~he year ~he operating license was
issued and expired on ~he ~o~lowing ~une 30.
SECTTON 42-~4. R~NEWAL OF ~PERATING L~CENSE
~ach license shall be r~n~wed upon paym~n~ a~ the fe~
pr~scr~b~d in accordanCe with Section 42-~2 of this chapter.
The renewal fee is due and owing ~he County of Bu~~e at ~he
offices of the pu~~ic heal~h department by June 3a.
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SECTION 42-15. LATE RENEWAL PENALTY
~f the re~ewa~ ~s not pa~d priar to July 3~, the applicant
shall pay, ~n additinn ~o sueh renewal fee, a late charge eq~al
to ten (~0) percen~ o~ ~he renawal ~ee, if ~h~ ~ee and th2 ~ate
charge are paid p~~ar to August 31. Tf the renewa~ is paid a~~er
August 31, ~he applicant ~n add~tian to the renewal f2e, shal~
pay a~ate charg~ ~qua1 to fifty {50) per~ent a~ ~he renewa~ fee.
SECT~~N 42~1b. PR~OR OPERATION
Any person wha is engaged ~n the ope~ation or ~aintenance of
an establish~ent, ~acility, business ar activity lis~ed an
S~~~ion 42-7 {a) at the time th~s chapter becomes e~~ective shall
apply for an operating license and pay requir~d ~ees on a
foxm p~ovided by the health offiicer wi~hin sixty ~60) days
fa~lowing the ~ffective date of this chapter. The hea~~h
a~f~cer shal~ grant or deny each such appli~ation within one
hundred twen~y (1~Q) days af~er rec~~pt of the applicatian.
Thereafter, i~ shall be unlawful ~ar any person ~o con~inue to
operate such establishme~t, ~acility, business or activity
withnut having an operating license as provided i~ this chapter.
SECT~~N 42-17. PUBL~C HEALTH ~P~RATING LICENSE NONTRANS~ERABL~
An ap~rating license issued under the provisions o~ this
chapter shall not be trans~e~red, assigned or set ave~ by the
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~ic2nsze to any othe~ person or enti~y. A1~ such aperating
Iicenses sha~l ~efer ~o arid be limited to the establishment,
~aci~~ty, business or aCtivity app~ied for. Such Iicenses sha11
not be transferab~e to any other sate, location or address. The
1ic~nse~ sha11 nntify the health affi~er before any change in
ownership is to be made or any change, alteration ar modi~icatian
is made in ~h~ ope~ation, the ~quipment or ~he building o~ any
such Establishment, facili~y, b~siness or activity.
SECTTON 42-18. POSTTNG OF OP~RATING LICEN~E
~11 operating ~icens~s under the provisians of this chapter
sha~l be post~d an the pre~ises of the establishment, facili~y,
business or a~tivity in a conspicuo~s place of pub~ic view.
SECTIO~ 42-19. APPL~GABL~ STANDARDS
Standards ~or the issuance, suspension and revocation a~ an
operating Iieense hereunder sha11 ba as speCified in any
applicable state statute, quarantine rul~ ar regulation
pr~scribed by a state office~ or depar~men~, r~lating to the
pub~3c hea~th, or zn this chap~er, and in particu~a~ sha11
include but not be limited to the prov~sions of Article 3 of
Chapter 1 of bi~ision 20 of the Heal~h and Safe~y Code af the
Sta~e of California, commencing ~ith S~ct~on 24100, with Title
22, Chapter 20, commencing wi~h Section 65~D~, ent~tled "Design,
Cons~ruct~on, Operation and Maint~na~ce of Publzc Swi~~ing
Pools," and Title 24, Chapter 2-90, cammencing with Section
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2-9001 of ~he Califo~nia Adm~nistrative Code.
SECT~~N 42-20. V~OLATION - PENALT~ES
Any persnn vialating any of the provisions of this chap~er
or any of the ~e~ms or condi~ions o~ an operating license
assued hereunder is guil~y of a misdemeanor, punishable by a
~ine of not less than twenty-five dollars ($25) nor rnore than
five hundred do~lars (~50d? or by imp~isonmen~ ~or not more than
six t6) months or both, Each day or port~on thereo£ that a
vio~ation of th~s chapter cantinues is a separate o~~ens~.
SECTION 42-21. SAME ~ NU~SANCE AND ABATEMEN~
The operation o~ any establishment, ~aci~ity. busi~ess or
act~v~ty that is ~isted in ~his chap~~r, in vio~a~ion of the
provis~on or any of ~he terms or conditions af an aperating
li~ense issued he~eunde~, is hereby determined to cons~itue a
public nu~sance and may be abated in any manner provided for by
1aw.
SECTION 42-22. REMEDIES CUMULATIVE
The ~emedie~ pravided in this chapter are cum~l~tive and not
exclusive. Nothing in this chap~er bars any ~egal, equi~able,
admin~stra~ive or summary r2medy to which any aggr~ev~d public
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agency, p~~san, firm, corpnratian or par~nership may o~herw~se
be entitled.
Sect~an 2: S~verabilit
~f a~y section, s~bs~c~ion or portion of this ordinance ~s
for any reason he~d to be invalid or unconstit~~ional by ~he
decision of any court of competent ju~isdiction. such decision
shall no~ affect the validity of the rema~ning sectivns,
subs~ctions, o~ portions of th~s ordina~ce. The Board of
Supe~visors hereby declares that it wauld have adop~ed this
ordinance and each section, subsection or ppr~ion ther~af,
~rrespective of ~he fac~ ~ha~ any one or more section,
s~bsec~ions or portions be dec~ared inva~id or unconstitu~i~na1.
Section 3
This Ordina~ce shall be and it is hereby dec~ared to be
in full force and effect from and a~ter thi~ty (3a? days af~e~
th~ date of its passage, and before the expira~ion o~ ~ifte~n
(15) days a~~er i~s passage, this 4~dznance sha~1 be published
pnce with ~he names o~ the Boa~d of Superv~sors voting for and
again.st it in the ~ravi l le Plercur , a newspaper publ~.shed
~.n the Coun~y of Butte, Sta~e of Ca3.ifarnia.
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PASSEA AND ADOPTED by the Boa~d of Superv~sors of the County
of B~~te, S~ate o~ Ca~ifornia, o~ ~he l~th day of JuIY ,
1989, by ~h~ ~ollowing vote:
AY~S : Supervi sors f~~r,in~urf, Vercruse, E~1cLaugh~ i n and C4~ai rman Fu~ ~or~
NOES : I~one
ABSENT : Supervi sor pol an
~TOT V~T~NG : I~one . ~
Len F`lton, crta rman v ~
Butte Coun.ty Bo rd of Supervisors
ATTEST:
WTLL~AM H. RANDOLPH
Chief Admina.stra~ive O~ficer
and Clerk of ~h~ Boa~d
By
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