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5054FOLLOWS: ORDINANCE NO. 5054 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING, BY REFERENCE, A SWIMMING POOL, SPA AND HOT TUB CODE ENTITLED, "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS," WITH AMENDMENTS THERETO, AND ADDING NEW CHAPTER 15.30 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 15.30 of Title 15 of the Anaheim Municipal Code is hereby repealed. SECTION 2. That Title 15 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Chapter 15.30 to read as follows: "CHAPTER 15.30 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE SECTION 15.30.001 APPROVAL OF CODE The City Council does find and determine, as the result of study and investigation conducted by the City and its Building Official, or by reason of the accepted principles or tests by recognized national or state authorities, technical or scientific organization, that the Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition, of the International Association of Plumbing and Mechanical Officials is an approved Code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. SECTION 15.36.010 ADOPTION OF CODE Pursuant to the authority granted to the City by Sections 50022.1 to 50022.8 of the Government Code of the State of California, the City of Anaheim does hereby adopt by reference the Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition, of the International Association of Plumbing and Mechanical Officials (hereinafter in this Chapter referred to as the "Uniform Swimming Pool Code"), as amended herein. At least one copy of said Code shall be filed in the office of the City Clerk of the City of Anaheim and shall be kept there for public inspection while said Code is in force. Following the adoption of said Code, the City Clerk shall, at all times, maintain a reasonable supply of copies of said Code available for purchase by the public." SECTION 15.30.020 ADMINISTRATIVE AUTHORITY Section 1.5 of Part 1 of the Uniform Swimming Pool Code is hereby amended to read as follows: "1.5 Administrative Authority. The Administrative Authority as such term is used in this code shall mean the Building Official of the City of Anaheim, California." SECTION 15.30.030 VIOLATION AND PENALTIES Section 1.7 of Part 1 of the Uniform Swimming Pool Code is hereby amended to read as follows: 1.7 Violation and Penalties. The penalty for violation of any provision of this code shall be as specified in Section 1.01.370 of the Anaheim Municipal Code. 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 provisions of this Code. No permit presuming to give authority to violate 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 carr*ied 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 twenty (120) days from the date of issuance of such permit, or if the work authorized by such permit is superseded or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one-half the amount required for a new I 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 (1) year. -2- SECTION 15.30.040 COST OF PERMIT Section 1.11 of Part 1 of the Uniform Swimming Pool Code is hereby amended to read as follows: 1.11 Cost of Permit. Every applicant for a permit to insta , alter or repair a swimming pool, spa or hot tub system or part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay for each permit at the time of making application, a fee in such amount as specified in the resolution establishing fees adopted pursuant to Section 15.04.304 of the Anaheim Municipal Code. Any person who shall commence any swimming pool, spa or hot tub work for which a permit is required by this Code without having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed for such work provided, however, that this provision shall not apply to emergency work when it shall be demonstrated 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. SECTION 15.30.050 BOARD OF APPEALS Section 1.18 of Part 1 of the Uniform Swimming Pool Code is hereby amended to read as follows: 1.18 Board of Appeals. The City Council of the City o na eim s a act as a Board of Appeals in making a correct determination of any appeal arising from actions of the Administrative Authority. Appeals shall be made in writing and the appellant may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claims. Appeals shall be heard at reasonable times at the convenience of the I Board but not later than thirty (30) days after receipt thereof. The appellant shall cause to be made, at his own expense, any tests or research required by the Board to substantiate his claims. -3- SECTION 15.30.060 SWIMMING POOL DEFINED The definition of "swimming pool" as set forth in Section 101 of Chapter 1 of Uniform Swimming Pool Code is hereby amended to read as follows: "Swimming Pool -- Any constructed or prefabricated pool u tor swimming or bathing, eighteen (18) inches or more in depth." SECTION 15.30.070 WADING POOL DEFINED The definition of "wading pool" as set forth in Section 101 of Chapter 1 of Uniform Swimming Pool Code is hereby amended to read as follows: "Wading Pool -- Any constructed or prefabricated pool u for wading which is less than eighteen (18) inches." SECTION -15.30.080 EQUIPMENT PROHIBITED IN YARD AREAS New paragraph (d) is hereby added to Section 409 of the Uniform Swimming Pool Code to read as follows: "(d) No pool heater or pool filter equipment shall be permitted in any side yard or actual front yard or any open space located between the front lot line and the line formed by the front of any building or buildings on such lot." SECTION 3. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have -4- passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. i THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 1st day of August, 1989. 1989. JLW:ct:kh 1666L 070389 -5- � CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5054 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of July, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of August, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickier, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5054 on the 2nd day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of August, 1989. Z. �: �. a: 2 - a-4—, f–, CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5054 and was published once in the Anaheim Bulletin on the 11th day of August, 1989. CITY CLERK OF THE CITY OF ANAHEIM