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.
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 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.
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.
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.
[Amended 4-3-2017]
The provisions of this chapter may be enforced by citation up
to $250 in addition to other remedies. The following persons have
authority to issue citations for violations pursuant to this chapter:
sanitarian, Environmental Health Administrator, Associate Director
of Health, 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.