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St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 19-036, 5-13-2019]
This Chapter outlines the licensure requirements for individuals engaging in the performance and/or oversight of Pool Installer Work, and the procedures and fees related to the administration and enforcement of said requirements.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise provided for in this Chapter, the codes adopted in Titles IV and V of the Ordinances of St. Charles County, Missouri (OSCCMo), including but not limited to the Swimming Pool and Spa Code of St. Charles County, codified in Section 500.420, OSCCMo, as amended; Residential Code for One- and Two-family Dwellings of St. Charles County, codified in Section 500.150, OSCCMo, as amended; and the Electrical Code of St. Charles County, codified in Section 500.260, OSSCMo, as amended, shall govern the administration and enforcement of this Chapter.
[Ord. No. 19-036, 5-13-2019]
Unless otherwise expressly stated in this Chapter, the following words and terms shall have the following meanings when used in this Chapter.
CODE OFFICIAL
The Director of the St. Charles County Division of Building and Code Enforcement of the Department of Community Development or a duly authorized representative of the Director.
LICENSED POOL INSTALLER
Any individual who holds a Pool Installer Business License issued pursuant to this Chapter by St. Charles County and is charged the responsibility to perform and/or oversee Pool Installer Work.
LICENSEE
Any individual who holds a Pool Installer Business License issued pursuant to this Chapter.
OWNER-OCCUPANT
An individual who both owns and primarily resides in a single-family residential property.
POOL INSTALLER WORK
Any work subject to applicable Code standards set out in Section 632.010 of this Chapter, including the design, installation, construction, maintenance, service, repair, alteration, or modification of a pool, spa, or similar aquatic vessel designed for swimming, bathing, or wading.
PUBLIC ENTITY
Any agency of the State of Missouri or any political subdivision of the State.
[Ord. No. 19-036, 5-13-2019]
A. 
The Code Official shall:
1. 
Adopt certain rules and regulations to ensure the proper administration and enforcement of this Chapter;
2. 
Conduct investigations into all complaints against any Licensee;
3. 
Suspend, revoke, refuse to renew, or place on probation the license of a Licensee who fails to correct any violations of this Chapter or of any applicable Code standard set out in Section 632.010 of this Chapter;
4. 
Activate bonds to cover the cost for any work performed by a Licensee that does not meet minimum requirements of any applicable Code standard set out in Section 632.010 of this Chapter; and
5. 
Review applications for licenses pursuant to this Chapter and issue Pool Installer Business Licenses to applicants who comply with the licensure requirements provided in this Chapter.
[Ord. No. 19-036, 5-13-2019]
Subject to Section 632.050 of this Chapter, an individual must have a Pool Installer Business License issued pursuant to this Chapter to engage in business as a Licensed Pool Installer in unincorporated St. Charles County or in any incorporated area of the County whose governing body has consented to contract with the County to enforce any applicable Code standard set out in Section 632.010 of this Chapter. No Licensee may allow any other individual to use his or her license for any purpose, except as provided in Section 632.050(A)(2) of this Chapter. An individual who is also registered pursuant to Chapter 327, RSMo., as an architect or professional engineer trained in design criteria for pools, spas, or other aquatic vessels and qualified to design such systems is not exempt from the Pool Installer Business License requirements when performing and/or overseeing Pool Installer Work, subject to the exceptions to the licensure requirement contained in Section 632.050.
[Ord. No. 19-036, 5-13-2019]
A. 
Section 632.040's licensure requirements shall not apply when an individual:
1. 
Is an Owner-Occupant of a single-family dwelling; is performing Pool Installation Work on that property; and demonstrates to the satisfaction of the Code Official (by written examination, if necessary, in the Code Official's sole discretion) the knowledge and skill to perform such work;
2. 
Is employed by a Licensed Pool Installer and is performing Pool Installer Work authorized by and under the direct supervision of that Licensee; or
3. 
Is trained and employed by a public entity to service or repair its own pools, spas, or similar aquatic vessels and is performing Pool Installer Work on those systems.
B. 
Any individual exempt under this Section from the licensure requirements imposed by Section 632.040 of this Chapter shall meet applicable Code standards set out in Section 632.010 of this Chapter when performing Pool Installer Work and shall obtain permits and inspections as may be required by ordinance.
[Ord. No. 19-036, 5-13-2019]
A. 
To obtain a Pool Installer Business License, an applicant must meet the following minimum requirements:
1. 
The applicant must be at least eighteen (18) years of age;
2. 
The applicant must make application to the Code Official in a format prescribed by the Code Official;
3. 
The applicant must meet all requirements specified by this Chapter and by rules and regulations promulgated by the Code Official; and
4. 
The applicant must pay the appropriate processing fees required by the Code Official.
[Ord. No. 19-036, 5-13-2019]
A. 
All applicants who meet the requirements for licensure in Section 632.060 of this Chapter shall be issued the appropriate license. However, the Code Official may deny a license if the applicant has:
1. 
Committed any act which, if committed by a Licensee, would be grounds for suspension or revocation of the license pursuant to Sections 632.030(A)(3) and 632.120 of this Chapter;
2. 
Previously been denied a license for cause, or previously had a license revoked for cause; or,
3. 
Knowingly made any false statement or misrepresentation on the application for a license.
B. 
Any individual aggrieved by a decision of the Code Official under this Section may appeal to the St. Charles County Building Commission and introduce any evidence in his or her defense. Any individual whose application for a license has been denied may reapply for such a license, but no sooner than one (1) year after the date of denial.
[Ord. No. 19-036, 5-13-2019]
All current holders of pool installer licenses issued by St. Charles County shall be subject to all provisions of this Chapter, except that such individuals are exempt from this Chapter's testing requirements, unless their licenses expire without being renewed as required by Section 632.090 of this Chapter. The Code Official may prorate renewal fees for the purposes of extending the expiration date of licenses for existing pool installers to correspond with the renewal periods enumerated in Section 632.090.
[Ord. No. 19-036, 5-13-2019]
The Code Official shall renew or issue such Pool Installer Business Licenses in active status for two-year terms beginning on the first day of January in odd-numbered years and ending on the last day of December in the following even-numbered year. To renew any such license, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for renewal along with the payment of the renewal fee enumerated in Section 632.110 of this Chapter.
[Ord. No. 19-036, 5-13-2019]
In lieu of renewing a license in active status as provided by Section 632.090 of this Chapter, the Licensee may apply for inactive license status for two-year terms, beginning and ending as provided in Section 632.090. A Licensee who obtains inactive license status may perform no Pool Installer Work under the inactive license. To apply for inactive license status, a Licensee must submit to the Code Official, before the license's expiration date, and in a format prescribed by the Code Official, an application for inactive license status along with the required application fees. A Licensee whose license is on inactive status may change his or her license to an active status by applying for renewal as provided by Section 632.090. A Licensee who has a license in an inactive status for more than two (2) renewal periods must provide evidence of continued competency, as approved by the Code Official, to change his or her license to an active status.
[Ord. No. 19-036, 5-13-2019]
A. 
The Code Official shall collect the following fees:
1. 
Pool Installer Business License initial application fee of twenty-five dollars ($25.00) per application;
2. 
Pool Installer Business License active status fee of two hundred dollars ($200.00) per license for two (2) years; and
3. 
Pool Installer Business License inactive status fee of fifty dollars ($50.00) to renew a license in an inactive status for two (2) years.
B. 
The Code Official may prorate the fees enumerated in Subsection (A)(2) of this Section when first issuing licenses or when reactivating licenses on inactive license status.
C. 
The Code Official shall collect the following additional fees for expired licenses when the application to renew is received after the expiration date:
1. 
Twenty-five dollars ($25.00) for licenses renewed in January;
2. 
Fifty dollars ($50.00) for licenses renewed in February; and
3. 
Seventy-five dollars ($75.00) for licenses renewed in March.
D. 
A Licensee who fails to renew his or her license before April of the year following expiration shall pay an additional one hundred dollars ($100.00) to reactivate the license in addition to any fees required in Section 632.110(A). A Licensee who reactivates his or her license per this Subsection is not required to pay any of the fees listed in Section 632.110(C) with the reactivation fee.
[Ord. No. 19-036, 5-13-2019]
A. 
The Code Official may make investigations and conduct hearings and, upon its own investigation or a complaint in writing, signed and verified by the complainant, suspend, refuse to renew, or revoke any Pool Installer Business License (including a license on inactive license status) if the Code Official finds that the Licensee has:
1. 
Made a material misstatement in the application for a Pool Installer Business License, or for the renewal of such a license;
2. 
Demonstrated incompetency to act as a Licensee as provided by this Chapter; or
3. 
Has violated any provision of this Chapter, or of any applicable Code standard set out in Section 632.010 of this Chapter, or any rule, regulation or order promulgated by the Code Official.
B. 
Any individual aggrieved by a decision of the Code Official under this Section may appeal to the St. Charles County Building Commission, and introduce any evidence in his or her defense. Any individual whose Pool Installer Business License has been revoked or who has been refused renewal of his or her Pool Installer Business License may reapply for such a license, but no sooner than one (1) year after the date of revocation or refusal to renew.
[Ord. No. 19-036, 5-13-2019]
All individuals licensed under this Chapter shall maintain on file with the Code Official evidence of a contractor license bond in the amount of twenty thousand dollars ($20,000.00). This bond must be kept in force at all times and be in the name of the license holder. Failure to maintain such bond shall result in revocation or suspension of license.
[Ord. No. 19-036, 5-13-2019]
All individuals licensed under this Chapter shall be required to maintain on file with the Code Official a certificate of insurance evidencing liability insurance coverage in the amount of five hundred thousand dollars ($500,000.00) per incident. This insurance must be kept in force at all times, and the certificate holder shall be listed as St. Charles County. Failure to maintain such insurance shall result in revocation or suspension of license.
[Ord. No. 19-036, 5-13-2019]
Upon notice from the Code Official that work is being performed contrary to provisions of this Chapter, such work shall be immediately stopped. The stop work order shall be in writing; shall be given to the owner of the property involved, or to that owner's agent, and to the individual doing the work; and shall state the conditions under which work will be permitted to resume. Any individual who shall continue any work in violation of the provisions of this Chapter after having been served with a stop work order shall be liable to a fine as provided by Section 632.160 of this Chapter, which fine shall be not less than two hundred fifty dollars ($250.00).
[Ord. No. 19-036, 5-13-2019]
Any individual who violates any provision of this Chapter or of any rule, regulation, order or license issued pursuant to this Chapter may, in accordance with the regulations issued by the Code Official, be assessed an administrative penalty by the Code Official. The penalty shall not exceed the amount of two hundred fifty dollars ($250.00) for each violation. Each day a violation continues may be deemed a separate offense. However, no administrative penalty may be assessed until the individual charged with the violation has been given notice of the violation and the opportunity for a hearing by the St. Charles County Building Commission. Alternatively, St. Charles County may institute legal action against any individual who violates a provision of this Chapter or of any rule, regulation, order or license issued pursuant to this Chapter. Any such individual shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense.
[Ord. No. 19-036, 5-13-2019]
Enforcement of this Chapter shall be the responsibility of the County Counselor.