City of Meriden, CT
New Haven County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Meriden 5-17-1999. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
The person designated by the Director of Health and Human Services to act on the Director's behalf in the performance of the Director's duties.
DIRECTOR OF HEALTH AND HUMAN SERVICES
The local Director of Health and Human Services or the Director's authorized agent.
HEALTH DIVISION
The Division of Health of the Meriden Department of Human Services.
NONPROFIT ORGANIZATION
An organization holding tax-exempt status as defined by the United States Internal Revenue Code, 26 U.S.C. § 501 et seq., which is operated by an entity which is not associated with a branch of federal, state, or local government.
PERSON
Any individual, firm, partnership, association, corporation, company, municipality, political subdivision, community, governmental agency, club, organization, or other entity owning or operating a public pool.
PERSON IN CHARGE
The individual present at the public pool who is the apparent supervisor of the public pool at the time of the inspection. If no individual claims to be the supervisor, then any employee present at the public pool shall be deemed to be the person in charge for the purposes of this chapter.
PUBLIC HEALTH CODE
The Public Health Code of the State of Connecticut.
PUBLIC POOL
Any artificial basin as defined in Section 19-13-B33b of the Public Health Code.
SWIMMING POOL OPERATOR
A person over the age of majority who is responsible for the daily operation of the public pool and who shall be held responsible for compliance with all the applicable provisions of this chapter and the Public Health Code.
This chapter is enacted pursuant to C.G.S. §§ 7-148, 19a-206 and 19a-207, Section 19-13-B33b of the Public Health Code and any other applicable Connecticut General Statutes.
A. 
No person shall operate, maintain, or permit the operation of any public pool in the City of Meriden without having a current valid permit from the Director of Health and Human Services.
B. 
Any person desiring to operate a public pool in the City of Meriden shall, at least 10 days before the opening date, make application for such a permit on the forms provided by the Director of Health and Human Services.
C. 
The application shall include, at a minimum, the following information:
(1) 
The name and address of the public pool.
(2) 
The name and mailing address of the owner or owners of the public pool, including the names of the corporate officers, if applicable.
(3) 
The name of the swimming pool operator who shall be responsible for the daily operation of the pool.
(4) 
The name of the swimming pool operator who shall be responsible for the compliance with all the applicable codes and ordinances, the Occupational Safety and Health Administration (OSHA) regulations and any other regulations as shall be deemed necessary by the Director of Health and Human Services.
D. 
Each public pool at a single location which has its own recirculation and water treatment system shall be deemed to be a separate public pool and shall be required to have a separate permit.
E. 
Only those persons who comply with the requirements of the Meriden City Code, the Public Health Code and Occupational Safety and Health Administration (OSHA) regulations shall be entitled to receive and retain a permit.
F. 
Prior to the issuance of a permit, the Director of Health and Human Services or the Director's authorized agent shall inspect the public pool to determine compliance with the provisions of this chapter, the requirements of the Meriden City Code, the Public Health Code and Occupational Safety and Health Administration (OSHA) regulations, and any other applicable statutes, ordinances, rules or regulations.
G. 
Permits shall be issued annually and shall be valid from the date they are issued until April 30 of the next year, or until such time as the public pool changes ownership, closes, or goes out of business, or unless revoked by the Director of Health and Human Services.
H. 
Permits shall not be transferable from person to person, nor from location to location.
I. 
The valid permit shall be posted in a location easily observed by patrons of the public pool.
[Amended 6-6-2005]
A. 
Annual permit fees shall be charged according to the following schedule:
(1) 
Indoor swimming pools: $100.
(2) 
Outdoor swimming pools: $75.
(3) 
Nonprofit organization swimming pools: $50.
(4) 
School/government swimming pools: no fee.
B. 
A fee of $25 will be charged to the permit holder for each additional inspection required as a result of noncompliance with the applicable codes.
A. 
The Director of Health and Human Services may, after providing an opportunity for a hearing and an appeal, revoke or refuse to renew the permit for a failure to comply with any of the requirements of this chapter or the Public Health Code.
B. 
The Director of Health and Human Services may, after providing an opportunity for a hearing and an appeal, revoke or refuse to renew the permit for interference with the Director of Health and Human Services, or the Director's authorized agent, in the performance of his duties.
C. 
Prior to the revocation or nonrenewal of the permit, the Director of Health and Human Services shall notify the permit holder or the person in charge of the public pool of the reasons for which the permit is subject to revocation or nonrenewal.
D. 
The permit holder or person in charge may, within 48 hours of the notice being served upon the permit holder or the person in charge, file with the Director of Health and Human Services a written request for a hearing. If no request for a hearing is filed with the Director of Health and Human Services within 48 hours following the service of such notice on the permit holder or the person in charge, the revocation or nonrenewal of the permit shall become final. The revoked permit shall be removed from the public pool by the Director of Health and Human Services or the Director's authorized agent.
E. 
If a written request for a hearing is received by the Director of Health and Human Services from the permit holder or the person in charge within 48 hours following the service of such notice on the permit holder or the person in charge, the Director of Health and Human Services shall thereupon examine the merits of such revocation or nonrenewal and within five business days shall sustain, modify or rescind such revocation or nonrenewal. The decision of the Director shall be written and sent to the permit holder or the person in charge.
F. 
If the permit holder or person in charge is aggrieved by the decision of the Director of Health and Human Services, the permit holder or person in charge may, within 48 hours following the service of such decision on the permit holder or the person in charge, appeal to the Connecticut Commissioner of Public Health in accordance with the applicable regulations. The Commissioner of Public Health shall notify the Director of Health and Human Services that an appeal was taken, examine the merits of the matter, and sustain, modify or rescind the actions of the Director of Health and Human Services.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Notice as provided for in this chapter is deemed to have been properly served when a copy of the inspection report or notice of a revocation or nonrenewal of the permit has been delivered to the permit holder or the person in charge in hand or when it is sent by registered or certified mail, return receipt requested, to the last known address of the permit holder or the person in charge as reported on the permit application. A copy of the notice shall be kept in the records of the Director of Health and Human Services.
After a period of 60 days from the date of the notice of revocation or nonrenewal of the permit, a written application may be made for the issuance of a new permit as set forth in this chapter, with the payment of the applicable permit application fee.
The Director of Health and Human Services or the Director's authorized agent is authorized to conduct inspections as necessary to ensure compliance with this chapter and the Public Health Code and shall have the right of entry at any reasonable hour to inspect the public pool and appurtenant facilities.
A. 
Every pool shall be under the immediate supervision of a swimming pool operator who is above the age of majority and who shall be responsible for the compliance with all the provisions and regulations regarding equipment, pool operation, maintenance, testing, and the safety of bathers.
B. 
The swimming pool operator shall be knowledgeable in the area of pool operation and in pool water chemistry and testing.
C. 
A swimming pool operator shall attend and complete a swimming pool operator training course acceptable to the Director of Health and Human Services.
D. 
If the swimming pool operator is not on the premises where the public pool is located during its time of operation, the swimming pool operator shall be readily available.
E. 
The name(s) of the swimming pool operator(s) shall be submitted to the Director of Health and Human Services at the time of the permit application and shall be updated by the permit holder whenever there is a change in the swimming pool operator.
The Director of Health and Human Services or the Director's authorized agent may take enforcement action, up to and including ordering the closure of the pool operation, if it is found that any one or more of the following operational standards are not met:
A. 
The amount of residual disinfectant is less than the minimum amount specified in Section 19-13-B33b(b)(5) of the Public Health Code or this chapter.
B. 
The pH of the water does not comply with the provisions of Section 19-13-B33b(b)(6) of the Public Health Code.
C. 
The clarity of the water does not comply with the provisions of Section 19-13-B33b(b)(4) of the Public Health Code.
D. 
The temperature of the public pool water exceeds 104° F.
E. 
There is a malfunction or nonfunction of the pool recirculating system.
F. 
The safety equipment required by Section 19-13-B33b(b)(10), (14), (16) and (18) and (c)(1), (3) and (4) of the Public Health Code and this chapter is not provided.
G. 
The public pool does not have a current, valid permit issued by the Department of Health.
H. 
A failure to comply with the requirements of Section 19-13-B33b et seq. of the Public Health Code and this chapter.
I. 
If bromine is used as a disinfectant in the public pool, a failure to maintain the bromine residual at a level of not less than 2.0 parts per million.
J. 
The failure to maintain total alkalinity of the pool water at a level of 80 to 150 parts per million. Equipment for measuring the total alkalinity of the pool water shall be available at each public pool.
K. 
The failure for the public pool to have available and to employ a DPD (Diethyl-P-Phenylene-Diamine) type test kit or other testing method acceptable to the Director of Health and Human Services in order to measure disinfectant residuals in the pool. The use of OTO (Orthotolidine) type test kits is prohibited.
L. 
The failure to perform chemical tests for disinfectant residual and pH at least three times per day during the operating season of the public pool.
M. 
The failure to perform tests for total alkalinity and cyanuric acid level, if applicable, weekly and within three hours of the addition of makeup water to the pool.
N. 
The records of chemical tests are not maintained at the pool site or the records of chemical tests are not kept on forms acceptable to the Director of Health and Human Services.
O. 
The use of the public pool by persons suffering from diarrhea or vomiting or who have skin lesions, inflamed eyes, ear discharges or any other condition which is infectious.
P. 
The failure to outfit infants and children who are not fully toilet trained in tight-fitting rubber or plastic pants when using the pool.
Q. 
The Director of Health and Human Services or the Director's authorized agent finds any other condition which constitutes a public health hazard, a safety hazard or a health nuisance to bathers or pool patrons.
The procedure for the closure of a public pool shall be as follows:
A. 
Closure under this chapter shall be effective immediately upon the service of written notice to the permit holder or the person in charge of the public pool by the Director of Health and Human Services or the Director's authorized agent.
B. 
Public pools closed under the chapter shall remain closed until written approval to reopen has been issued by the Director of Health and Human Services or the Director's authorized agent and until service of the written notice has been made on the permit holder or the person in charge.
C. 
Any person aggrieved by an order to close a public pool may appeal the order as set forth in this chapter.
D. 
An appeal of an order to close a public pool issued pursuant to this section shall not stay the enforcement of the closure unless a stay is granted in writing by the Director of Health and Human Services.
A. 
Lifeguards, when provided, shall possess a current lifesaving certificate from the American Red Cross or another certifying agency which is acceptable to the Director of Health and Human Services and shall also posses certification in cardiopulmonary resuscitation as set forth in Section 19a-113a-1 of the Public Health Code.
B. 
When provided, one lifeguard shall be provided for each 75 bathers or a major fraction thereof and shall be on duty whenever the pool is open for use.
C. 
Where there is a change in the slope of the pool bottom, a safety line shall be installed across the pool at the point of the change in slope to delineate the nonswimmers area from the swimmers area. The safety line shall be equipped with floats not more than five feet apart and shall be kept in place at all times.
D. 
No glass containers or glass objects other than pool testing equipment or eyeglasses shall be permitted in the pool or on the decks, patio or area surrounding the pool.
E. 
All indoor pools shall be equipped with auxiliary lights which shall function when the main light fixtures fail due to a power failure of any type.
F. 
If gaseous chlorine is used as a disinfectant source, all chlorine containers and proportioning equipment shall be housed in a separate, locked, well-ventilated enclosure with a minimum of one window. The enclosure shall have the following requirements:
(1) 
A vent fan at ground level which terminates out of doors.
(2) 
An approved floor-level scale for weighing the chlorine cylinders to determine the amount of chlorine fed over any period of time and to permit the operator to know when the supply of chlorine in the cylinder is nearing exhaustion.
(3) 
An ammonia fume dispenser bottle to be used to check for chlorine leaks.
(4) 
Provisions to secure all full and empty chlorine cylinders to the scale or to the walls to prevent accidental tipping of the cylinders.
(5) 
An approved chlorine cylinder valve stem wrench. This wrench shall be kept on the valve stem of the cylinder(s) in use so the chlorine supply can be shut off quickly in case of an emergency.
(6) 
Valve protection hoods kept in place on all cylinders except those attached to the chlorinator.
A. 
Where provisions are made for serving food and/or beverages at the public pool, no containers of glass or other material which might cause a hazard to bathers shall be used.
B. 
The pool facility shall be so arranged and posed to permit the consumption of food and beverages only in a specified area.
C. 
Any food service area shall comply with the Public Health Code and the Meriden City Code.
The provisions of this chapter may be enforced by citation and fines up to $99 in addition to other remedies. The following persons have authority to issue citations for violations pursuant to this chapter: Sanitarian, Environmental Health Administrator, and Director of Health and Human Services.
In any case where a provision of this chapter is found to be in conflict with a regulation of the State Department of Public Health or any other state law or regulation on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.