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HomeMy WebLinkAboutNS-1812 - Adding Article XIII to Chapter 8 of the Santa Ana Municipal Code to Adopt the Uniform Swimming Pool, Spa and Hot Tub ...CDG :mb 6/18/85 ORDINANCE NO. NS- 1812 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XIII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1982 EDITION, WITH AMENDMENTS THERETO, BY REFERENCE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by adding an article, to be designated XIII to Chapter 8 thereof, which said article shall consist of sections numbered 8-2600 through 8-2612 and shall read as follows: ARTICLE XIII. 2612 SWIMMING POOL, SPA AND HOT TUB CODE DIVISION 1. GENERALLY Sec. 8-2600. Adoption by reference. There is adopted by the city that certain code known as the International Swimming Pool, Spa and Hot Tub Association of Plumbing and Mechanical officials Uniform Code, 1982 Edition, and the whole thereof including appendices thereto, save and except that portion entitled "Part I, Administrative" and.such portions as are deleted by the amendments set forth in this article, of which said code not less than three (3) copies have been and are on file in the office of the clerk of the council of the city. The said code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the city, and subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this ordinance. Any provision of this article amending the "Uniform swimming Pool, Spa and Hot Tub Code" shall be con- strued as amending the said adopted code, 1982 Edition. The said adopted code, 1982 Edition, as thus amended, together with all other provisions of this article shall be known as the Swimming pool, Spa and Hot Tub Code of the City of Santa Ana. ORDINANCE NO. NS- 1812 PAGE TWO DIVISION 2. ADMINISTRATION Sec. 8-2601. Application and scope. The provisions of the Swimming Pool, Spa and Hot tub Code of the City of Santa Ana, hereinafter referred to as "this code," shall apply to all new construction, and to any alterations, repairs, or reconstruction, except as provided for otherwise in this code. Sec. 8-2602. Administrative authority and assistants. Whenever the term "administrative authority" is used in this code, it shall be construed to mean the building official of the city or his authorized representative. Sec. 8-2603. Assistants. Whenever the term "assistant" is used in this code, it shall be construed to mean the senior plumbing inspector, plumbing inspector, or other inspector of the permit and Inspection Services Department of the city. Sec. 8-2604. Duties of the administrative authority. The administrative authority is hereby authorized and directed to enforce the provisions of this code and amendments thereto. Sec. 8-2605. Right of entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Administrative Authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which make such building or premises unsafe as defined in this code, the Administrative Authority or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Authority by this code, provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of ORDINANCE NO. NS- 1812 PAGE THREE the building or premises and demand entry. If such entry is refused, the Administrative Authority or his authorized representative shall have recourse to every remedy provided by law to secure entry. (b) No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after demand is made as herein provided, to properly permit entry therein by the Administrative Authority or his authorized representative for the purposes of inspection and examination pursuant to this code. Any person violating this subsection shall be guilty of a misdemeanor. Sec. 8-2606. Dangerous and insanitary condition. (a) Any portion of a swimming pool, spa or hot tub system found by the Administrative Authority to be insanitary and a hazard, as defined herein, is hereby declared to be a nuisance. (b) Where a nuisance exists or a swimming pool, spa or hot tub system is maintained in violation of this code or any notice issued pursuant to this section, the Administrative Authority shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by law. Every such order shall be in writing, addressed to the owner, agent, or person responsible for the premises on which such condition exists and shall specify the date or. time for compliance with such order. (c) Refusal, failure, or neglect to comply with any such notice or order shall be considered a violation of this code. (d) When any swimming pool, spa or hot tub system is maintained in violation of this code and in violation of any no- tice issued pursuant to the provisions of this section or where a nuisance exists in any swimming pool, spa or hot tub or on prem- ises on which a swimming pool, spa or hot tub is situated, the Administrative Authority shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation of nuisance. ORDINANCE NO. NS- 1812 PAGE FOUR Sec. 8-2607. Violations and penalties. (Sec. 1.7) Section 1.7 Uniform Swimming Pool, Spa and Hot Tub Code, is hereby amended to read as follows: Any Person violating any provision of the uniform Swimming Pool, Spa and Hot Tub Code shall be punished as provided in section 1-8 of the Santa Ana Municipal Code, and in addition, all procedures for the correction of illegal conditions shall apply. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provi- sions of this code. No permit presuming to give authority to vio- late or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefor shall be the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year. Applications for which no permit is issued within one ORDINANCE NO. NS-1812 PAGE FIVE hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Sec. 8-2608. permit required. (a) It shall be unlawful for any person to install, remove, alter, repair, or replace any swimming pool, spa or hot tub system in a building or premises without first obtaining a permit to do such work from the Administrative Authority. (b) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. EXCEPTION: Replacement of any component part which does not alter its original approval and complies with other applicable requirements of this code shall not require a permit. Sec. 8-2609. Application for permit. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. When required by the Administrative Authority for the enforcement of any provision of this code, plans, specifications, drawings or such information as deemed necessary shall be filed and approved before the issuance of any permit for the installation of any swimming pool, spa or hot tub system. Not less than two (2) sets of corrected plans and specifications shall be filed before approval is given by the Administrative Authority. When the plans and specifications do not comply with provisions of this Code, the necessary changes or revisions shall be made thereto. ORDINANCE NO.NS- 1812 PAGE SIX If the Administrative Authority determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant is in compliance with this code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. After approval, one (1) set of plans shall be retained by the Administrative Authority and the other set shall be returned to the applicant, which set shall be kept at the job site of such building or work at all times during which the work authorized is in progress. The approval of any plans or specifications shall not be construed to sanction any violation of this code. No person shall deviate materially plans or specifications or fail, neglect, or Administrative Authority. from any approved refuse to comply the Sec. 8-2610. Cost of Permit. (Sec. 1.11) Section 1.11 of the Uniform swimming Pool, Spa and Hot Tub Code is hereby amended to read as follows: Fees and charges for permits, plan checks, reinspections, and investigations shall be established and regulated by resolution of the city council. Sec. 8-2611. Failure to obtain permit. Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. ORDINANCE NO. NS- 1812 PAGE SEVEN Sec. 8-2612. Equipment Foundations and Enclosures. (Sec. 315) Section 315 of the Uniform swimming Pool, Spa and Hot Tub Code is amended by adding a paragraph at the end thereof to read as follows: When installed outside of a building no mechanical equipment shall be closer than five (5) feet from a side property line. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any phrases, or portions be declared invalid or unconstitutional. ADOPTED this 18th day of November , 1985. Daniel E. Griset Mayor ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Griset Aye Acosta -~ Hart -~ Johnson -~ Luxembourger -~ McGuigan -~ Young -K~ APPROVED AS TO FORM: Ed~ward J~ C~ope~ City Attorn~