Los Angeles County Municipal Code Ch. 11.34 Swimming Pool Services

A.

"Director" means the Director of Public Health of the County of Los Angeles, or a duly authorized representative, as provided for in Section 2.77.050 of this code.

B.

"Swimming pool" and "pool" shall have the same meaning as defined in Section 11.32.020.

C.

"Swimming pool service technician" means any individual engaged in the business or occupation of treating or disinfecting swimming pool waters, or cleaning, servicing, or maintaining swimming pools.

D.

"Swimming pool service technician apprentice" means any individual engaged in the business or occupation of treating or disinfecting swimming pool waters, or cleaning, servicing, or maintaining swimming pools or facilities and appurtenances thereof.

This chapter does not apply to an individual who maintains their own swimming pool or a manager or owner of a residential structure of three units or less who maintains or services the pool or pools exclusively at said structure.

(Ord. 2022-0032 § 22, 2022; Ord. 2006-0040 § 100, 2006; Ord. 91-0099 § 2, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 14 §§ 1001 and 1002, 1959.)

A.

Every swimming pool service technician and swimming pool service technician apprentice must be certified pursuant to the requirements of this chapter

B.

Persons certified hereunder may lawfully engage in said business or occupation only to the extent permitted pursuant to said certification.

C.

Every person required to be certified by the terms hereof, and before engaging in the business or activity, shall make application thereof and shall, within time limitations established by rules of the Department, become certified.

(Ord. 2022-0032 § 23, 2022; Ord. 91-0099 § 4, 1991; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 14 § 1000, 1959.)

A person certified pursuant to this chapter as a swimming pool service technician may engage in the occupation or business of treating or disinfecting swimming pool waters or cleaning, servicing, or maintaining swimming pools or facilities and appurtenances thereof. Swimming pool service technicians shall report all incidents of drowning and near-drowning at public swimming pools to the Department within 24 hours of becoming aware of the incident.

(Ord. 2022-0032 § 24, 2022; Ord. 91-0099 § 10, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1008, 1959.)

A person certified pursuant to this chapter as a swimming pool service technician apprentice may perform the same activities as a swimming pool service technician but only under the direct and immediate supervision and employment of a certified

swimming pool service technician. Upon application for certification and on any annual renewal thereto, the apprentice must identify the swimming pool service technician supervising same.

(Ord. 2022-0032 § 25, 2022; Ord. 91-0099 § 11, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1009, 1959.)

A.

Every person desiring certification as a swimming pool service technician or as a swimming pool service technician apprentice shall file with the Department an application for certification, and shall then pay all applicable application fees, as provided for in Section 8.04.728 of Title 8, 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 twenty-five percent (25%) of the fee if application is not made within 31 days after commencement of the activity. A new application fee shall be paid each time the applicant takes the examination.

B.

The applicant shall designate on the application, by address, the principal office of the applicant which is located within the County of Los Angeles, State of California, and if the applicant has no office within the County of Los Angeles, then the applicant shall designate on the application the applicant's principal office, wherever located.

(Ord. 2022-0032 § 26, 2022; Ord. 2012-0032 § 20, 2012; Ord. 93-0055 § 12, 1993; Ord. 92-0078 § 6, 1992; Ord. 91-0099 § 13, 1991; Ord. 90-0090 § 3, 1990; Ord. 88-0106 § 31, 1988; Ord. 83-0054 § 4, 1983; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1011, 1959.)

The examination given by the Department shall be for the purpose of determining that:

A.

The applicant fully understands the technical aspects of swimming pool water purification and equipment, and materials used in connection therewith;

B.

The applicant is fully competent to service, clean, operate, and maintain swimming pools and incidental appurtenances;

C.

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

D.

The applicant has a general knowledge of filters, flow rates, pumps, motors, heaters and chemical feeders, and of local laws, ordinances, rules, and regulations applicable to swimming pools.

(Ord. 2022-0032 § 27, 2022; Ord. 91-0099 § 14, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1012, 1959.)

The examination given by the Department shall not be as broad in scope as the examination for the swimming pool service technician and shall be for the purpose of determining that:

A.

The applicant understands the basic concepts of swimming pool water purification and equipment and materials used in connection therewith;

B.

The applicant is competent to clean, service and maintain swimming pools;

C.

The applicant has a basic knowledge of the common chemicals used in swimming pool waters and their effects, testing procedures of the determination of pH and of chlorine residual, pool operation, and cleaning methods; and

D.

The applicant has a basic knowledge of filters, pumps, motors, and chemical feeders, and of local laws, ordinances, rules, and regulations applicable to swimming pools.

(Ord. 2022-0032 § 28, 2022; Ord. 91-0099 § 15, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1013, 1959.)

Every person certified pursuant to this chapter as a swimming pool service technician or swimming pool service technician apprentice, while performing the functions for which certification is required, shall carry upon one's person and shall display to the Department upon request such certificate or other written evidence of certification as is issued by the Department.

(Ord. 2022-0032 § 29, 2022; Ord. 91-0099 § 16, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1015, 1959.)

The County Counsel is authorized, in the name of the County of Los Angeles as plaintiff, to bring suit for the recovery of certification fees against any person required to have this certification, who carries on, or attempts to engage in, such business, occupation or activity without first being certified.

(Ord. 2022-0032 § 30, 2022; Ord. 91-0099 § 17, 1991; Ord. 88-0106 § 32, 1988; Ord. 9375 § 2 (part), 1967; Ord. 7583 Part 3 Ch. 13 § 1001.1, 1959.)

Certification as a swimming pool service technician and certification as a swimming pool service technician apprentice are each effective from July 1st through June 30th of each year. Every person desiring to renew such certification shall pay a renewal fee for renewal before July 31st in the amount as provided for in Section 8.04.728 of Title 8 for each certificate for the following fiscal year. A penalty equal to twenty-five percent (25%) of the renewal fee shall be submitted on or after July 31st for the renewal of the annual certification.

(Ord. 2022-0032 § 31, 2022; Ord. 2012-0032 § 21, 2012; Ord. 93-0055 § 13, 1993; Ord. 92-0078 § 7, 1992; Ord. 91-0099 § 18, 1991; Ord. 90-0090 § 4, 1990; Ord. 88-0106 § 33, 1988; Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1018, 1959.)

Any person failing to renew a certification within two years of the expiration date shall be required to make a new application, therefore, and retake the examination in order to become recertified.

(Ord. 2022-0032 § 32, 2022; Ord. 91-0099 § 19, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1022, 1959.)

If the written evidence of certification issued by the Department is lost or destroyed, a duplicate thereof shall be obtained from the Department. A fee of $10.00 shall be paid when filing applications for such duplicate. Said fee is charged to cover

the cost of issuance of the duplicate, and no portion thereof is refundable.

(Ord. 2022-0032 § 33, 2022; Ord. 91-0099 § 20, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1016, 1959.)

No certification made pursuant to this chapter shall be transferable to another person.

(Ord. 2022-0032 § 34, 2022; Ord. 91-0099 § 21, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1014, 1959.)

Every certified swimming pool service technician or swimming pool service technician apprentice shall perform to those standards contained in this chapter or as prescribed by the Department.

(Ord. 2022-0032 § 35, 2022; Ord 91-0099 § 22, 1991.)

The Department may suspend certification of a swimming pool service technician or of a swimming pool service technician apprentice if the work of such person permitted by the certification is performed in such manner as to create an unsanitary, unsafe, or unhealthful condition. Any person whose certification has been suspended shall surrender the written evidence of certification to the Department upon request.

(Ord. 2022-0032 § 36, 2022; Ord. 91-0099 § 23, Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1019, 1959.)

When a 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 certification have been eliminated. If, upon investigation, which the Department 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 with, then the Department shall reinstate said certification.

(Ord. 2022-0032 § 37, 2022; Ord. 91-0099 § 24, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1020, 1959.)

Any person who has applied for reinstatement of certification and has been denied said reinstatement may make a written request to the Department for a hearing thereon. Upon receipt of such written request, the Department shall set a time and place for the hearing.

(Ord. 2022-0032 § 38, 2022; Ord 91-0099 § 25, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1021, 1959.)

Notice of any hearings pursuant to any of the provisions of this chapter shall be given not less than five (5) days prior to the day scheduled therefor by the Department. Such notice shall specify the time and place of the 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 is designated in the application for certification as the principal office within the County of Los Angeles, or at such place as is designated as the principal office wherever located, or in the manner provided for the service of summons in civil actions.

(Ord. 2022-0032 § 39, 2022; Ord. 91-0099 § 26, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1023, 1959.)

In cases where hearings are provided for herein, such hearings shall be conducted either by the Director or by a referee appointed by the Director to perform such function. Such referee shall take testimony and report the findings and

recommendations to the Director.

(Ord. 2022-0032 § 40, 2022; Ord. 91-0099 § 27, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1024, 1959.)

Any referee appointed by the director shall be an employee of the County, not an officer thereof. 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 regular employment duties.

(Ord. 2022-0032 § 41, 2022; Ord. 2006-0040 § 101, 2006; Ord. 91-0099 § 28, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1025, 1959.)

A.

At any hearing, the Director or referee shall hear evidence from and on behalf of any person certified hereunder which may tend to show that the certification should not be suspended or revoked. The Director 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 certification. The burden of proof shall be upon the Director or referee proposing suspension or revocation of certification.

B.

A full, true and correct record of all oral testimony adduced at such hearings shall be kept by shorthand, stenotype, recording device or otherwise.

(Ord. 2022-0032 § 42, 2022; Ord. 91-0099 § 29, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1026, 1959.)

At the close of the hearing or at any time within thirty days thereafter, the Director shall determine from the facts adduced at said hearing, whether or not certification should be revoked or suspension continued. If suspension is continued, the Director shall state the conditions necessary to reinstate said certification. When it is determined that all bases for suspension have been eliminated and that all provisions of this chapter have been complied with, the Director shall reinstate said certification. If it is the decision of the Director to revoke the certification, the certification may be revoked up to a period of one year from the date of suspension. After this period of time the individual may reapply for certification.

(Ord. 2022-0032 § 43, 2022; Ord. 91-0099 § 30, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1027, 1959.)

Unless the Director should announce the Director's decision immediately following termination of the hearing, the Director shall notify the certified person of such decision in writing by mail.

(Ord. 2022-0032 § 44, 2022; Ord. 91-0099 § 31, 1991; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 13 § 1028, 1959.)

The Department may elect to conduct a hearing in accordance with this chapter, or in accordance with the provisions of Chapter 1.25.

(Ord. 2022-0032 § 45, 2022.)

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 91-0099 § 32, 1991.)

Amendments made to this chapter and adopted in 2022 shall be effective January 1, 2023.

(Ord. 2022-0032 § 46, 2022.)