[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-18-2013 by L.L. No. 32-2013]
This Legislature hereby finds and determines that residents throughout Suffolk County own swimming pools and spas for their enjoyment in warm-weather months. This Legislature also finds that many Suffolk County residents use pool maintenance companies to maintain, repair and otherwise service their pools and spas. This Legislature determines that the maintenance of swimming pools and spas frequently involves the use of chemicals which, if used incorrectly, may be dangerous. This Legislature further finds that pool maintenance companies operating in Suffolk County should register with the County and demonstrate adequate knowledge of pool maintenance in order to ensure that services are provided safely. Therefore, the purpose of this article is to establish a registry for pool maintenance businesses operating in Suffolk County and establish minimum certification requirements.
As used in this article, the following terms shall have the meanings indicated:
- The Commissioner of the Department of Labor, Licensing and Consumer Affairs.
- The Department of Labor, Licensing and Consumer Affairs.
- Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization or any kind.
- POOL MAINTENANCE BUSINESS
- Any person who engages in the service, repair or maintenance of swimming pools and spas for compensation.
Any person who operates a pool maintenance business in the County of Suffolk shall obtain a certificate of registration from the Department.
Any person applying for a certificate of registration with the County as a pool maintenance business shall provide the Department with proof that he or she obtained the Association of Pool and Spa Professionals' Certified Maintenance Specialist Certification or other equivalent certification program approved by the Commissioner.
Each application for, or renewal of, a certification of registration shall be accompanied by a fee of $100.
The certification of registration, upon approval of the Department, shall be valid for a period of two years.
Applications for renewal of a certificate of registration shall be accompanied by proof that the person applying currently has a valid certification as a certified maintenance specialist or an equivalent certification.
The Commissioner shall have the power to impose a civil fine not to exceed $500 upon a registrant, to suspend or revoke a registration or to deny any application for the renewal of a registration for any one or more of the following causes:
Fraud, deceit, misrepresentation or bribery in securing a registration certificate.
The making of any false statement in an application for a registration certificate.
Violation of any provision of this article, any other appropriate law or any rule or regulation promulgated thereunder.
Fraud, deceit, or misrepresentation in providing services.
No registration shall be suspended or revoked, nor any fine imposed, until after a hearing has first been held before the Commissioner upon seven business days' notice. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the registrant and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such registrant. The registrant may be represented by counsel and may produce witnesses in his or her own behalf. A verbatim recording of the hearing shall be taken and preserved. For purposes of such hearing, the Commissioner may administer oaths to take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.
Any person who operates a pool maintenance business without obtaining a registration certificate therefor or who shall continue to operate said business after having had his or her registration suspended or revoked shall be guilty of an unclassified misdemeanor, subject, upon conviction, to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall constitute a separate offense.
This article shall apply to all actions occurring on or after the effective date of this article.
This article shall take effect one year subsequent to the filing of this law in the Office of the Secretary of State.