[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.
Any person who engages in the service, repair or maintenance
of swimming pools and spas for compensation.
A.
Any person who operates a pool maintenance business in the County
of Suffolk shall obtain a certificate of registration from the Department.
B.
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.
A.
Each application for, or renewal of, a certification of registration
shall be accompanied by a fee of $100.
B.
The certification of registration, upon approval of the Department,
shall be valid for a period of two years.
C.
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.
A.
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:
(1)
Fraud, deceit, misrepresentation or bribery in securing a registration
certificate.
(2)
The making of any false statement in an application for a registration
certificate.
(3)
Violation of any provision of this article, any other appropriate
law or any rule or regulation promulgated thereunder.
(4)
Fraud, deceit, or misrepresentation in providing services.
B.
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.
