Chapter 13.16
INTERNATIONAL SWIMMING POOL AND SPA CODE – AMENDMENTS TO INTERNATIONAL SWIMMING POOL AND SPA CODE
Sections:
13.16.030 Amendments to Chapter 1, Section 105, Fees.
13.16.040 Amendments to Section 106, Inspections, of the International Swimming Pool and Spa Code.
13.16.060 Amendments to Chapter 1, Section 108, Means of Appeal.
13.16.020 Amendments to Chapter 1, Section 103, Department of Building Safety, Section 103.1, 103.2, 103.3, 103.4, and Section 104, Duties and Powers of Code Official, Section 104.1, General.
Sections 103.1, 103.2, 103.3, 103.4, and Section 104.1, of the International Swimming Pool and Spa Code, 2018 Edition are hereby amended as follows:
Section 103, Creation of enforcement agency.
103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. The building and fire safety division of the public services department shall function as the enforcement agency.
103.2 Deleted. See YCC 13.04.010.
103.3. Deputies. In accordance with prescribed procedures of the jurisdiction and with the approval of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the building official.
103.4 Liability. The building official, officer or employee charged with the enforcement of this code, while acting in the discharge of their official duties, shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted, or in the scope of their official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such interpretations, policies and procedures adopted by the building official as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1.
(Ord. 4-2021 § 2, 2021; Ord. 10-2016 § 2 (part), 2016).
13.16.030 Amendments to Chapter 1, Section 105, Fees.
Sections 105.6.1, 105.6.2, and 105.6.3 of the International Swimming Pool and Spa Code, 2018 Edition, is amended as follows:
105.6.1 Work Commencing Before Permit Issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the cost of enforcement to the jurisdiction. The minimum investigation fee shall be the same as the permit fee set forth in Amended Table 1-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
105.6.2 Fee Schedule. The fee for each permit shall be as set forth in Amended Table 1-A as established in YCC 13.24.020.
105.6.3 Refunds. The building official is authorized to establish a refund policy.
(Ord. 4-2021 § 2, 2021; Ord. 10-2016 § 2 (part), 2016).
13.16.040 Amendments to Section 106, Inspections, of the International Swimming Pool and Spa Code.
Reserved. (Ord. 4-2021 § 2, 2021; Ord. 10-2016 § 2 (part), 2016).
13.16.050 Amendments to Section 107, Violations, Sections 107.4 and 107.5, of the International Swimming Pool and Spa Code.
Sections 107.4 and 107.5 of the International Swimming Pool and Spa Code, 2018 Edition, are amended as follows:
107.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erect, install, alter or repair a pool or spa in violation of the approved construction documents or directive or order of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and as provided in YCC 13.25. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
107.5 Stop work orders. Upon notice from the code official, work on any system that is being performed contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to prosecution and penalties as provided in YCC 13.25. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 4-2021 § 2, 2021; Ord. 10-2016 § 2 (part), 2016).
13.16.060 Amendments to Chapter 1, Section 108, Means of Appeal.
Section 108 of the International Swimming Pool and Spa Code, 2018 Edition, is amended as follows:
108.1 General. The board of appeals created in Section 113 of the International Building Code as amended in YCC 13.05.060 shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. The building official shall be an ex-officio member of said board but shall have no vote on any matter before the board The board shall follow the rules of procedure for conducting its business set forth in Section 113 of the International Building Code as amended in YCC 13.05.060, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
(Ord. 4-2021 § 2, 2021; Ord. 10-2016 § 2 (part), 2016).