Ordinance 839
ORDINANCE NO. 839
AN ORDINANCE TO PROVIDE THAT ARTICLE 13 OF CHAPTER 1
OF TITLE 5 OF THE SANTA CLARA COUNTY ORDINANCE CODE,
AS THE SAME NOW EXISTS OR MAY HEREAFTER BE AMENDED,
REIATING TO SWIMMING POOL SERVICES SHALL APPLY IN THE
CITY OF GILROY
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I.
The following is hereby adopted as Chapter 21A
of the Gilroy City Code:
CHAPTER 21A
SWIMMING POOL SERVICES
Sec. 2IA.1. Swimming pool services.
Article 13 of Chapter 1 of Title 5 of the Santa Clara
County Ordinance Code, as the same now exists or may here-
after be amended, relating to swimming pool services, and
the examination, registration and certification of swimming
pool service companies and swimming pool service technicians,
shall apply in the City of Gilroy.
SECTION II. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in force
thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 6th day of January, 1969, by the
following vote:
AYES:
COUNCILMEMBERS: Allemand, Duffin, Kennedy,
Quartiroli, Silva, Wentworth, and Goodrich.
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
7~~,'-d _q~ ev-f;'
Mayor
ATTEST,:
bJ ~3 j'
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ORDINANCE NO. NS-514
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.
The BDard Df SupervisDrs Df the CDunty Df Santa
Clara, State Df CalifDrnia, dO' Drdain as fallDws:
SECTION 1:
Article 13 (cammencing with SectiDn 5.1.13-1) is added
to Chapter 1 of Title 5 Df the Santa Clara CDunty
Ordinance CDde to' read:
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' perSDn may engage either in the business Dr
in the occupatiDn Df treating swimming pool waters,
Dr Df cleaning filters used Dr usable in cDnnectiDn
therewith, 0'1' Df maintaining swimming PDDls Dr
facilities 0'1' appurtenances thereaf unless he is certified
Dr registered accDrding to' the terms hereDf, 0'1' unless
he is expressly excused fram such requirement by
Sectian 5.1.13-11 hereaf.
Persans registered Dr certified hereunder my lawfully
engage in said business Dr DccupatiDn Dnly to' the
extent permitted pursuant to said registratiDn 0'1'
certificatiDn.
Every perSDn required to' be registered 0'1' certified
by the terms hereDf and befDre engaging in the business
Dr activity shall make applicatian therefDr and shall,
within time limitatians established by rules af the
Health Officer, becDme registered Dr certified.
(a) Exemptian: This Article shall nat apply to' perSDns
emplayed exclusively and regularly by ane emplayer
in connectian with swimming PDDls Dwned Dr Dperated
by such emplayer.
5.1.13-2: Swimming Pool.
Far the purpase af this Chapter, "Swimming PDDI"
and "Pool" shall include all public and private
swimming paals, 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 poal service cDmpany,"
"swimming pool service technician" and "swimming
paDI service technician apprentice" mean, respectively,
thase persans whO' are registered 0'1' certified as such
pursuant to' this Article.
5.1.13-4: Registration as a Swimming Pool Service
Company; Exemption.
Every persan whO' engages in the business Df
maintaining or servicing swimming pools shall be
registered hereunder as a swimming pool service
cDmpany.
ExemptiDn: A Swimming Poal Service Technician
whO' Dperates alane and whO' dDes nDt emplDY any
swimming poal service technician, apprentice Dr
applicant fDr certificatiDn shall be exempt fram paying
a registratiDn fee as a Swimming Pool Service
Campany.
5.1.13-5: Application for Registration as a Swimming
Pool Service Company.
Every perSDn desiring to' be registered as a swimming
paDI service campany shall file an applicatiDn with
the Health Officer and shall then pay an applicatiDn
fee to' the Health Officer af Twenty-Five Dallal'S ($25.00)
which is charged to' caver the cast af processing
the applicatian. NO' part af said fee is refundable.
The applicant shall pay a penalty equal to' 25% af
the fee if applicatian is nat made within thirty-ane
days after cammencement af the business.
The applicant shall designate upon his applicatian
by address the principal office af the applicant which
is located within the Caunty af Santa Clara, State
af Califarnia, and if the applicant has nO' affice within
the Caunty af Santa Clara, then he shall designate
upon his applicatian his principal affice wherever
located.
At the time af ariginal applicatian far swimming
pool service campany registratian and subsequently,
when requested by the Health Officer, the company
shall furnish to' the Health Officer a list Df all employees
covered by the certification ardinance.
Far thase service cDmpanies ape rating at the time
af the adDptian af this Drdinance swimming paDI service
company registratiDn shall be issued Dnly when the
awner is Dr becames certified as a swimming PDDI
service technician Dr when he has emplDyed at least
Dne certified technician in a responsible capacity. Until
such cDnditiDns are met, Dr Dther actiDn is taken
by the Health Officer, the applicatiDn fDr cDmpany
registratiDn shall be held in a "pending" categary
and the renewal fee shall be paid. ApplicatiDns fDr
new cDmpanies shall nDt be accepted unless the Dwner
Dr a persan emplayed by him in a respansible pDsitiDn
is certified as a swimming pool service technician
and nO' such campany shall engage in the business
Df servicing pools.
5.1.13-6: Requirements for Registration as a
Swimming Pool Service Company.
The Health Officer shall register an applicant as
a swimming pool service cDmpany and shall issue
a certificate Df registratian to' him after the applicant
has demanstrated to' the Health Officer that:
(a) The applicant will use 0'1' emplay anly swimming
pool service technicians, swimming pool service
technician apprentices 0'1' applicants therefar (whDse
examination is postponed as pravided by Sectian 5.1.13-
"I
11 hereDf) in treating swimming pool water, cleaning
filters and in maintaining swimming pools and their
facilities and appurtenances.
(b) The applicant has pravided far the use af each
Df its agents Dr emplDyees while servicing swimming
PDDls, the fDIIDwing items in gDod, wDrkable cDnditiDn:
test kit which can effectively and reliably measure
pH and disinfectant residuals; brush suitable far
cleaning the bDttam af the pool; vacuum cleaner,
cDmplete with attachments; leaf skimmer; hand tDDls
and lubricants necessary fDr servicing mechanical
equipment incident to' swimming pools and their
appurtenances; chemicals necessary far disinfecting
swimming pool water, cantralling algae and far
adjusting pH; cleaners; and pressure gause; prDvided,
hDwever, that the applicant shall be exempt fram
furnishing such equipment and supplies where it can
be demanstrated that they are available at each pool
serviced and are adequate far use.
5.1.13-7: Suspension or Revocation of Registration
as a Swimming Pool Service Company.
After hearing in the manner hereinafter pravided,
the Health Officer may suspend far a periad, Dr may
revDke, the registratiDn af a pool service cDmpany:
(a) If it fails to' fulfill at any time any Df the
requirements af Section 5.1.13-6.
(b) If the swimming paal service campany, Dr if
any Df its agents 0'1' emplayees, have perf armed any
af the services designated in this Chapter in such
a manner as to' create an unsanitary, unsafe 0'1'
unhealthful canditian.
(c) It is pravided, hDwever, that whenever the
Health Officer finds an apparent vialatiDn Df the
requirements Df this Drdinance, he shall make a
reasDnable effDrt to secure carrection thereaf befDre
initiatiDn af disciplinary proceedings.
5.1.13-8: Certificate of Registration shall be
Displayed.
Every person registered as a swimming pool service
cDmpany pursuant to' this Chapter shall display his
certificate Dr Dther indicium af registratian in the
principal Dffice Df the swimming pDDI service cDmpany
located within the County Df 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 af treating swimming poDl waters and
maintaining swimming pools.
5.1.13-10: Permissible Function of a Swimming Pool
Service Technician Apprentice.
A persan certified as a swimming poDI service
technician apprentice may perfarm Dnly the fDllawing
functians and then Dnly under the supervision af a
swimming pDal service technician:
(a) Addition Df chemicals to' pool water and
maintenance of disinfectant feeding devices.
(b) Testing af pool water for cancentratiDn af
disinfectant and far pH.
(c) Addition af acid to' pool waters.
(d) Cleaning af pDal filters by backwashing or ather
apprDpriate methods.
(e) Cleaning of pDals, including vacuuming, cleaning
of tile, deck 0'1' ather surfaces.
5.1.13-11: Functions Permitted an Applicant for
Certification as a Swimming Pool Service Technician
Apprentice.
(a) An applicant far certificatian as a swimming
pODI service technician apprentice may be written
request filed with the Health Officer pDstpDne the
time Df examinatiDn for such certificatiDn until six
(6) months after the time Df filing his applicatiDn
far such certificatiDn. Such applicant may, during the
period Df postpanement Df such examination, perfDrm
the functiDns, in the manner herein pravided, af a
swimming pDol service technician apprentice.
(b) Any applicant far certification as a swimming
pODI service technician apprentice whO' is lawfully
perfDrming the functians thereaf as pravided herein
and whO' performs any Df thDse functiDns in such
manner as to' create an insanitary, unsafe 0'1' unhealthful
condition may thereafter be prohibited by the Health
Officer fram performing any of said functiDns.
(c) The swimming paol service technician apprentice
may be certified as an apprentice for a period nat
to' exceed twO' (2) years frDm the date af initial
application.
5.1.13-12: Application for Certification as a Swimming
Pool Service Technician or as a Swimming Pool Service
Technician Apprentice.
Every perSDn desiring certificatian as a swimming
paDI service technician or as a swimming pool service
technician apprentice shall file with the Health Officer
an application fDr certificatiDn, and shall then pay
the applicatiDn fee to' the Health Officer Df Fifteen
DDllars ($15.00) far a swimming pDol service technician
0'1' Ten Dallal'S ($10.00) far a swimming pool service
technician apprentice to' cover the cast af giving the
examination and prDcessing the applicatian. NO' portian
af said fee is refundable. The applicant shall pay
a penalty equal to' 25% af the fee if applicatiDn is
nat made within thirtY-Dne days after CDmmencement
Df the activity.
The applicant shall designate upon his applicatian
by address the principal affice af the applicant which
is located within the CDunty Df Santa Clara, State
of California, and if the applicant has nO' Dffice within
the CDunty af Santa Clara, then he shall designate
upon his applicatiDn .his principal Dffice wherever
..-
_/
5.1.13-29: Notice at Decision.
Unless the Health Officer shDuld announce his decision
immediately fallowing terminatiDn of the hearing, he
shall natify the registered or certified persan af such
decision in writing by registered mail, postage prepaid,
directed ,to the principal Dffice Df such perSan located
within the County af Santa Clara Dr to his principal
Dffice wherever located.
5.1.13-30: Hearing de novo before the Board of
Supervisors.
Any persan dissatisfied with the decisian rendered
pursuant to' Section 5.1.13-28 may file a request fDr
a hearing de nDVD with the Clerk af the Board af
Supervisars within fifteen (15) calendar days after
the announcement Dr mailing of the Notice of DecisiDn
pursuant to' Sectian 5.1.13-29. At the time Df the filing
af such request, a filing fee of Twenty-five DDllars
($25.00) shall be paid to the Clerk Df the Baard
of Supervisal'S. The Board of SuperviSDrs shall hear
the matter de nava and may apprave, disapprove
0'1' modify the decisiDn af the Health Officer. The
decisian af the Baard af Supervisors is final.
5.1.13-31: Additional Regulations.
The Health Officer is hereby autharized to' make
such additianal rules and regulatiDns as may be
necessary for the prDper and arderly administratian
of this Article.
SECTION 2: Operative Date.
This Drdinance shall be aperative Dn and after July
1, 1969.
PASSED AND ADOPTED by the Baard of Supervisal's
of the County Df Santa Clara, State Df CalifDrnia,
this Odaber 28,1968 by the fallawing vote:
AYES: SupervisDrs - Della Maggiare, Spangler,
Mehrkens and Sanchez.
NOES: Supervisal's - Quinn.
ABSENT: Supervisal'S - NDne.
R. H. MEHRKENS,
Chairman, BDard Df Supe,rvisars
A TTEST: JEAN PULLAN,
Clerk, Board of Supervisors
(Nov. 7 - L200 - L500)
. ,,\..
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 839
i s an 0 ri g i na 1
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
6th day of January
, 19 69, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 8th day of January
, 19 69.
,. I
?h#//11tiJ . ;zIt.;'f')
/City Clerk of the City of Gilroy