Loading...
HomeMy WebLinkAbout156ORDINANCE NO. 156 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADOPTING BY REFERENCE ORDINANCE NO. NS -514 OF THE COUNTY OF SANTA CLARA, BEING AN ORDINANCE TO ADD ARTICLE 13 (COMMENCING WITH SECTION 5.1.13-1) TO CHAPTER 1 OF TITLE 5 OF THE SANTA CLARA COUNTY ORDINANCE CODE, RELATING TO SWIMMING POOL SERVICES, AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF. The City Council of the Town of Los Altos Hills does hereby ordain as follows: SECTION 1. Ordinance No.NS-514 of the County of Santa Clara is hereby adopted by reference. SECTION 2. For purposes of this ordinance, the term "Health Officer" shall mean the Health Officer of the County of Santa Clara. SECTION 3. This ordinance shall not be deemed to prohibit any person from cleaning swimming pool bottoms, walls and steps by means of brushing or vacuuming, nor from skimming foreign matter by mechanical means from the surface of pool waters. SECTION 4. Each and every violation of this ordinance shall be and constitute a public nuisance and be subject to abatement as such. SECTION 5. Each violation of any of the terms of this ordinance shall constitute a misdemeanor, andas such shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six (6) months, or by both such fine and imprisonment. SECTION 6. This ordinance shall be posted in three (3) public places within the Toon of Los Altos Hills and shall become effective thirty (30) days following its adoption. I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of the Town of Los Altos Hills on the 7th day of July, 1969, and was thereafter, at a regular meeting of said Council, held on the 22nd day of July, 1969, passed and adopted by the following roll call vote: AYES: Councilmen Benson, Davey, Helgesson NOES: Mayor Aiken L 130RI0 6 FAIBANT ABSENT • Councilman Fowle • APPROVED: // ATTEST: ! { ayor uity ulerK ORDINANCE NO. NS -514 An Ordinance to Add Article 13 (Caricaturing With Section 5.1.13-1 to Chapter 1 of Title 5 of the Santa Clara County Ordinance Code, Relating to Swimming Pool Services. The Board of Supervisors of the County of Santa Clara, State of California, do ordain as follows: with Section 5.1.13-1) is added of the Santa Clara County Article 13: Swimming Pool Services. 5.1.13-1: Registration and Certification Requirements for Swimming Pool Service Companies, Swimming Pool Service Technicians and Apprentices; Exemption. No person may engage either in the business or in the occupation of treating swimming pool waters, or of cleaning filters used or usable in connection therewith, or of maintaining swimming pools or facilities or appurtenances thereof unless he is certified or registered according to the terms hereof, or unless he fs expressly excused from such requirement by Section 5.1.13-11 hereof. Persons registered or certified hereunder my lawfully engage in said business or occupation only to the extent permitted pursuant W said registration or certification. Every person required to be registered or certified by the terms hereof and before engaging in the business or activity shall make application therefor and shall, within time limitations established by rules of the Health Officer, become registered or certified. (a) Exemption: This Article shall not apply to persons employed exclusively and regularly by one employer in connection with swimming pools owned or operated For the purpose of this Chapter, "Swimming Pool" and "Pool" shall include all public and private swimming pools, including all special use pools. 5.1.13-3: Swimming Pool Service Company, Swimming Pool Service Technician and Swimming Pool Service Technician Apprentice. The terms "swimming pool service company," "swimming pool service technician" and "swimming Paul service technician apprentice" mean, respectively, those persons who are registered or certified as such pursuant to this Article. 5.1.13-4: Registration as a Swimming Pool Service Company; Exemption. Every person who engages in the business of maintaining or servicing swimming pools shall he registered hereunder as a swimming pool service company. Exemption: A Swimming Pool Service Technician who operates alone and who does not employ any swimming pool service technician, apprentice or applicant for certification shall be exempt from paying a registration fee as a Swimming Pool Service Company. 5.1.13-5: Application for Registration as a Swimming Pool Service Company. Every person desiring to be registered as a swimming pool service company shall file an application with the Health Officer and shall than pay an application fee to the Health Officer of Twenty -Five Dollars ($25.00) which is charged to cover the cost of processing the application. No part of said fee is refundable. The applicant shall pay a penalty equal to 25% of the fee if application is not made within thirty-one days after commencement of the business. The applicant shalt designate upon his application by address the principal office of the applicant which is located within the County of Santa Clara, State of California, and if the applicant has no office within the County of Santa Clara, then he shall designate upon his application his principal office wherever located. At the time of original application for swimming pool service company registration and subsequently, when requested by the Health Officer, the company shall furnish W the Health Officer a list of all employees covered by the certification ordinance. For those service companies operating at the time of the adoption of this ordinance swimming pool service company registration shall be issued only when the owner is or becomes certified as a swimming pool service technician or when he has employed at least one certified technician in a responsible capacity. Until such conditions are met, or other action is taken by the Health Officer, the application for company registration shall be held in a "pending" category and the renewal fee shall be paid. Applications for new companies shall not be accepted unless the owner or a person employed by him in a responsible position is certified as a swimming pool service technician and no such company shall engage in the business of servicing pools. 5.1.13-6: Requirements for Registration as a ball register an applicant as se company and shall issue on to him after the applicant lealth Officer that: use or employ only swimming 15, swimming pool service w applicants therefor (whose . as provided by Section 5.1.13- F 11 hereof) to treating swimming pool water, cleaning filters and to maintaining swimming pools and their facilities and appurtenances. (b) The applicant has provided for the use of each of its agents or employees while servicing swimming pools, the following items in good, workable condition: test kit which can effectively and reliably measure DH and disinfectant residuals; brush suitable for water, controlling algae however, that the applicant shall be exempt from furnishing such equipment and supplies where it can be demonstrated that they are available at each pool serviced and are adequate for use. 5.1.134: Suspension or Revocation of Registration as a Swimming Pool Service Company. After hearing in the manner hereinafter provided, the Health Officer may suspend for a period, or may revoke, the registration of a pool service company: (a) If it fails to fulfill at any time any of the requirements of Section 5.1.13-6. (b) If the swimming pool service company, or if any of its agents or employees, have performed any of the services designated in this Chapter in such a manner as to create an unsanitary, unsafe or unhealthful condition. (c) It is provided, however, that whenever the Health Officer finds an apparent violation of the requirements of this ordinance, he shall make a reasonable effort to secure correction thereof before initiation of disciplinary proceedings. 5.1.13-8: Certificate of Registration shall be Displayed. Every person registered as a swimming pool service company pursuant to this Chapter shall display his certificate or other indicium of registration in the principal office of the swimming pool service company located within the County of Santa Clara 5.1.13-9: Permissible functions of a Swimming Pool Service Technician. A person certified pursuant to this Ordinance as a swimming pool service technician may engage in the occupation of treating swimming pool waters and maintaining swimming pools. 5.1.13-10: Permissible Function of a Swimming Pool d as a swimming pool service may perform only the following only under the supervision of a :e technician: chemicals to pool water and 'aslant feeding devices. ml water for concentration of i to pool waters. of filters by backwashing or other (e) Cleaning of pools, including vacuuming, cleaning of tile, deck or other surfaces. 5.1.13-11: Functions Permitted an Applicant for Certification as a Swimming Pool Service Technician Apprentice. (a) An applicant for certification as a swimming pool service technician apprentice may be written request filed with the Health Officer postpone the time of examination for such certification until six (6) months after the time of filing his application for such certification. Such applicant may, during the period of postponement of such examination, perform He functions, in the manner herein provided, of a swimming pool service technician apprentice. (b) Any applicant for certification as a swimming pool service technician apprentice who is lawfully performing the functions thereof as provided herein and who performs any of those functions in such manner as to create an insanitary, unsafe or unhealthful condition may thereafter be prohibited by the Health Officer from performing any of said functions. (c) The swimming pool service technician apprentice may be certified as an apprentice for a Period not to exceed two (2) years from the date of initial for Certification as a Swimming r or as a Swimming Pool Service as a technician apprentice shall file with the Health Officer an application for certification, and shall then pay the application fee to the Health Officer of Fifteen Dollars ($15.00) for a swimming pool service technician or Ten Dollars ($10.00) for a swimming pool service technician apprentice to cover the cost of giving the examination and processing the application. No portion of said fee is refundable. The applicant shall pay a penalty equal to 25% of the fee if application is not made within thirty-one days after commencement by address the principal office of the app5a is located within the County of Santa Cl of California, and R the applicant has no op the County of Santa Clara, then he shall upon his application his principal office it focal¢,. An applicant for certification as a swimming pool service technician or swimming pool service technician apprentice shall make application and pay the required application fee before admittance to each examination and before engaging in or continuing in the swimming Mol service business. If after paying the fee he does not take or does not pass the examination within a year following the filing of his application, the applicant for certification as a swimming pool service technician shall pay $15.00 for the subsequent year which will entitle him to take one examination during that year. 5.1.13-13: Qualifications and Examination for Certification as Swimming Pool Service Technician. An application for certification as a swimming pool service technician most first fulfill the qualifications set forth hereinbelow in subsection (a) hereof before being entitled to take the examination for certification. The examination shall be of such scope as is indicated hereinbelow in subsection (b) hereof. Upon qualifying and upon successfully completing said examination the applicant shall be entitled to certification as a swimming pool service technician. (a) Qualifications for swimming pool service technician. Applicants shall have at least one (1) year of experience in operating, maintaining, cleaning and servicing swimming pools and facilities and equipment appurtenant thereto. A verified statement may be required setting forth the exact nature of such experience. The experience herein required shall include the operation and servicing of filters, chemical feeders, pumps and other equipment. (b) Examination for swimming pool service technician. The examination given by the Health Officer shall be for the purpose of determining: That the applicant fully understands the technical aspects of swimming pool water purification and equipment and materials used in connection therewith;, that the applicant is fully competent to service, clean, operate and maintain swimming pools and incidental appurtenances; that the applicant has a thorough knowledge of the following: the chemicals used in swimming pool water and their effects, testing procedures for determination of pH and of chlorine and bromine content of water and related applied water chemistry, and pool operation and cleaning methods; and that the applicant has a general knowledge of filters, flow rates, pumps, motors, healers, and chemical feeders, and of local laws, ordinances, rules and regPools ulations nppn'car to tification as Sw along eertifieation as a swimming )preatice, the applicant shall ) examination by the Health tether or not the applicant and understanding to enable re several functions permitted hereof. Certification or Registration pstration made pursuant to .for able to another person. uson certified pursuant W this Chapter, in the functions for which he is required ted, shall carry upon his person and shall the Health Officer upon his request such or other written evidence of certification by the Health Officer. Issuance of Duplicate Certificates of 4 apprentice are each effective to December 31 o the year in which said registration or certification was received. Every person desiring to renew such registration or certification shall pay a renewal fee W the Health Officer for renewal before December 31 in the amount of Five Dollars ($5.00) for each registration or certification for the following calendar year. A penalty equal to 25% of the renewal fee shall be submitted on or after January 1 for the renewal of the annual registration or certification. 5.1.13-20: Suspension of Certification; Grounds. After a heating as provided by Section 5.1.13-22, the Health Officer may suspend certification of a swimming fool service technician or of a swimming pool service technician apprentice if the work of such person permitted by his certification is performed in such manner as to create an unsanitary, unsafe, or unhealthful condition. Any person whose certification has been suspended shall surrender his evidence or indicium of certification to the Health Officer upon request. (a) It is provided, however, that whenever the Health Officer finds an apparent violation of the requirements of this ordinance, he shall make a reasonable effort to secure correction thereof before initiation of disciplinary proceedings. 5.1.13-E1: Reinstatement of Suspended Registration or Certification. When a registration or certification has been suspended, an application may be made for reinstatement. Such application shall include a verified statement declaring that the bases for suspension of registration or certification have been eliminated. H upon investigation, which the Health Officer shall make upon receipt of said application, it is determined that all bases for suspension have been eliminated and that all provisions of this Chapter have been complied withthan the Health Officer shall reinstate said negepruuua. If the written indicium of certification or registration ssued by the Health Officer is lost or destroyed, I duplicate rom the Health Jificer.. A fee ofone dollar ($1.00) thereof shall tained frshall be paid when fill application for such duphcate. Said fee f the duplicate, Is charged to cover the cost of issuance o and no portion thereof is refundable. 5.1.13-18: Persons Entitled to Registration or Cer Hicalm, Without Examination. Any person currently and validly registered as a swimming pool service company, and any person currently and validly certified as a swimming Pool service technician or as a swimming pact service technician apprentice, or as the equivalent of any thereof, by another governmental agency, may become registered or certified as provided by this Chapter without taking the examinations otherwise required by this Chapter, if each of the following conditions is met: (a) The standards pursuant to which the registration or certification was made by such other govemmental agency are in the judgment of the Health Officer equal to or more exacting than the standards prescribed the Health Officer with of such other registration 5.1.13-E2: Rearing upon Suspension of Certification. No certification or Registration issued under this uncle shall be suspended or revoked until a hearing hall have been had by the Health Officer in the natter of the suspension or revocation of such :ertification or registration, notice of which hearing hall be given as provided in Section 5.1.13-24. 5.1.1323: Failure to Renew Registration or Iertification. Any person failing to renew his registration or �ertificatkm within one (1) year of the expiration fate shall be required to make new application horsier. 5.1.13-24: Notice of Hearing. Notice of any hearing pursuant to any Of the aruvisions of this Article shall be given not less than ".ive (5) days prior to the day scheduled therefor cy the Health Officer. Such notice shall specify the time and place of such hearing, the subject matter thereof and the bases, grounds and reasons therefor. Notice may be given either by registered mail, postage prepaid, directed to the person notified at such place as he designates in his application for registration or certification as his principal office within the County of Santa Clara, or at such place as he designates as his principal office wherever located, or in the manner provided for the service of summons in civil actions. 5.1.13-25: Hearing Officer: Appointment of Referee. In cases where hearings are provided for herein, such hearings shall he conducted either by the Health Officer himself or by a referee appointed by the Health Officer to perform such function. Such referee _... ... ... e.. ..., .... mod .court his findings and Any referee accounted by we nemm rmicer an be an employee of the County, not an officer thereof, and shall be a person who regularly performs his employment duties for the Health Department of the County. Any such person so appointed as referee shall serve without any additional compensation, and all time spent as referee shall be considered to have been spent by such person in performing the employment duties of his other position. 5.1.13-27: Conduct of Hearing. At any hearing the Health Officer or referee shall hear evidence from and on behalf of any person certified or registered hereunder which may tend to .show that his certification or registration should not be suspended or revoked. The Health Officer may also take evidence from or on behalf of other persons which may tend to show the existence of grounds for suspension or revocation of the certificatim or registration. The burden of proof shall he upon the person proposing suspension or revocation of certification or registration. A full, true and correct record of all oral testimony adduced at such hearings shall be kept by shorthand, n. pplicant for registration or certification At the close of the hearing or at my ti me within rte pays the application fee of Ten Dollars thirty determine) from the ys rfactsr, io adduced at said hearing, Effective Period of Registration or or from the report of the referee, whether or not Renewal of Registration and registration or certification should be suspended or revoked. The Health Officer may make his order ) as a swimming pool service company, conditional upon the registered or certified person's as a swimming pool service technician subsequently satisfying any requirements imposed upon fon as a swimming pool service technician him by this Chapter. 5.1.13-29: Notice of Decision. Unless the Health Officer should announce his decision immediately following termination of the hearing, he shall notify the registered or certified person of such decision in writing by registered mail, postage prepaid, directed to the principal office of such person located within the County of Santa Clara or to his principal office wherever located. 5.1.13-30: Hearing de novo before the Board of Supervisors. Any person dissatisfied with the decision rendered pursuant to Section 5.1.13-28 may file a request for a hearing de novo with the Clerk of the Board of Supervisors within fifteen (15) calendar days after the announcement or mailing of the Notice of Decision pursuant to Section 5.1.13-29. At the time of the filing of such request, a filing fee of Twenty-five Dollars ($25.00) shall be paid to the Clerk of the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and may approve, disapprove or modify the decision of the Health Officer. The decision of the Board of Supervisors is final. J 5.1.13-31: Additional Regulations. The Health Officer is hereby authorized to make such additional rules and regulations as may be necessary for the proper and orderly administration of this Article. SECTION 2: Operative Date. This ordinance shall be operative on and after July 1, 1959. PASSED AND ADOPTED by the Board of Supervisors of the Count of Santa Clara, State of California, this October 28, 1968 by the following vote: AYES: Supervisors — Della Maggiore, Spangler, Mehrkens and Sanchez. NOES: Supervisors — Quinn. ABSENT: Supervisors — None. R. H. MEHRKENS, Chairman, Board of Supervisors ATTEST: JEAN PULLAN, Clerk, Board of Supervisors (Nov. 7 - L200 - L500)