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Board reduces spa suspension from 30 to 7 days after reviewing pool logs and enforcement history

San Francisco Board of Appeals · November 7, 2018
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Summary

After reviewing repeated noncompliance and conflicting log evidence, the Board of Appeals reduced a director's 30‑day suspension of a rooftop spa permit to seven days while urging the operator to improve on‑site daily log practices.

The Board of Appeals on Nov. 7 trimmed a Department of Public Health directors' recommended 30‑day suspension of a rooftop spa permit for Potrero Launch Affordable to seven days, citing a need to send a meaningful enforcement message while acknowledging recent compliance efforts.

Appellant representatives said the facility provided maintenance logs and vendor testing showing acceptable chemical levels; DPH senior epidemiologist June Weintraub and senior inspector Corey Chrisman said the spa had a history of repeated compliance failures dating back to 2013 and stressed the importance of on‑site daily logs as the first line of defense for public health inspections. Chrisman told commissioners that on some inspections he had closed the facility and that vendor logs (typically three times weekly) do not substitute for daily on‑site logs.

Commissioners debated proportionality. Several favored a shorter suspension that still communicates seriousness. Commissioner Honda moved to grant the appeal only if the director’s order was revised to reduce the suspension to seven days; the motion carried.