For the purposes of this chapter, the following words have the
following meanings:
A.
"Swimming
pool service" means treating public swimming pool/spa waters, and
the cleaning, servicing, maintaining, replacing or repairing (including
equipment repair) of public pools/spas.
B.
"Swimming
pool service company" or "company" "Swimming pool service" means treating
public swimming pool/spa waters, and the cleaning, servicing, maintaining,
replacing or repairing (including equipment repair) of public pools/spas.
C.
"Public
swimming pool" means an artificial basin, chamber, or tank, constructed
or prefabricated with impervious bottoms and sides, as defined in
Division 104, Part 10, Article 5 of the California Health and Safety
Code, relating to public swimming pools. This definition does not
apply to any pool, permanent or portable, that is intended for non-commercial
use as a pool by the occupants of not more than three dwelling units.
E.
"Department"
means the Environmental Management Department for the County of Sacramento.
F.
"Director"
means the Director of the Environmental Management Department for
the County of Sacramento.
G.
"Hearing
Officer" means the Director or designee.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000; SCC 1618 § 71,
2018)
This chapter shall apply to all public swimming pools, as defined in Division 104, Part 10, Article 5 of the California Health and Safety Code and Titles 22 and 24 of the California Code of Regulations relating to public pools.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
A swimming pool service company may obtain a Certificate of Registration from the Department. The Certificate of Registration of each swimming pool service company shall expire three years from the date the certificate is issued, and may be renewed upon expiration. An applicant for a certificate and an applicant for renewal of a certificate shall pay a fee to the Department as established pursuant to Title 6, Chapter 6.110, of the Sacramento County Code relating to Environmental Health Service Fees.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
a.
Registration
shall be optional. However, no swimming pool service company shall
advertise or otherwise represent that it is a registered or certified
swimming pool service company unless it has obtained a valid, current
Certificate of Registration issued by the Department. The Department
shall maintain a list of currently registered swimming pool service
companies that shall be available to the public upon request.
b.
The
Department shall register a swimming pool service company and shall
issue a Certificate of Registration if the company employs an individual
who provides proof to the Department of current technical swimming
pool certification through a recognized training program or its equivalent,
as approved by the Department.
c.
If the
qualifying individual leaves the company, the company shall notify
the Department within ten days of separation and designate another
individual who meets the necessary requirements.
d.
If the
company does not meet the requirements of this section, the Department
shall deny the application and give the company written notice specifying
the reasons for denial.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
The Certificate of Registration shall be posted at the swimming
pool service company's main office, and copies of the certificate
shall be provided to all public pool sites at which the company performs
swimming pool services.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
All swimming pool service companies, regardless of whether of not the company has obtained a Certificate of Registration, shall provide swimming pool services in accordance with the standards and requirements set forth in the provisions of Division 104, Part 10, Article 5 of the California Health and Safety Code, and Titles 22 and 24 of the California Code of Regulations, relating to public pools.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
No swimming pool service company shall repair or replace pool
recirculation or purification equipment without having in its possession
an unexpired contractor's license issued by the State of California.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
a.
The
Director may suspend or revoke the certificate of a swimming pool
service company if the company performs work in violation of the requirements
of this chapter (including the applicable state laws and regulations)
or in such a manner as to create an unsanitary, unsafe or unhealthful
condition.
b.
A Certificate
of Registration shall not be suspended or revoked until a hearing
has been held by the Hearing Officer. At least 10 days prior to the
hearing, written notice shall be given to the holder of the Certificate
of Registration stating:
c.
The
hearing may be informal and rules of procedure or evidence applicable
to judicial proceedings need not be followed. The hearing shall afford
a reasonable opportunity for the certificate holder to be informed
of the factual basis for the charges and to present statements and
information in opposition thereto.
d.
After
conducting the hearing, if the Hearing Officer finds cause for revocation
or suspension of the Certificate of Registration as provided herein,
the Hearing Officer may suspend, revoke or continue the Certificate
of Registration upon such terms and conditions as, in the exercise
of reasonable and sound discretion, the Hearing Officer determines,
or the Hearing Officer may dismiss the proceedings. The notice shall
specify the reasons for the decision.
e.
The
decision of the Hearing Officer shall become final upon the date of
filing and service.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
a.
Any swimming pool service company denied a certificate of registration pursuant to Section 6.64.040(d) may appeal by filing a notice of appeal with the Director. Any such appeal shall be in writing, stating the specific grounds for the appeal, and shall be filed with the Director not later than 15 days after the date of service of the notice of denial.
b.
At least
10 days prior to the hearing, written notice shall be given to the
applicant for a Certificate of Registration stating time and place
when and where the hearing is to be held.
c.
At the
hearing, the applicant shall bear the burden of proof. The hearing
may be informal and rules of procedure or evidence applicable to judicial
proceedings need not be followed. The hearing shall afford a reasonable
opportunity for the applicant to be informed of the factual basis
for the denial of the Certificate of Registration and to present statements
and information in opposition thereto.
d.
After
conclusion of the hearing, the Hearing Officer shall prepare a written
decision which either grants or conditionally grants or denies the
appeal, stating the reasons for the decision.
e.
The
decision of the Hearing Officer shall become final upon the date of
filing and service.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
Any notice to a certificate holder or certificate applicant
pursuant to this chapter shall be given in writing either by personal
delivery to the certificate holder or applicant or to the certificate
holder or applicant's agent or by deposit in the United States mail
in a sealed envelope, first class postage prepaid and addressed to
the certificate holder or applicant at the holder or applicant's last
known business address as shown in the records of the Department.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
Any company or individual who violates any provision of this
chapter is guilty of a misdemeanor punishable by a fine of not less
than $500 nor more than $1,000.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
Each day that a violation of this chapter continues is a separate
offense.
(SCC 1165 § 2, 2000)
The Department is authorized to make all necessary and reasonable
rules and regulations covering the registration and certification
of swimming pool service companies and the issuance of Certificates
of Registration.
These rules and regulations shall be in full force upon filing
with the Board of Supervisors.
(SCC 167 § 1, 1974; SCC
1165 § 2, 2000)
