[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:
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.
The local Director of Health and Human Services or the Director's
authorized agent.
The Division of Health of the Meriden Department of Human
Services.
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.
Any individual, firm, partnership, association, corporation,
company, municipality, political subdivision, community, governmental
agency, club, organization, or other entity owning or operating a
public pool.
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.
The Public Health Code of the State of Connecticut.
Any artificial basin as defined in Section 19-13-B33b of
the Public Health Code.
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.
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]
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.
[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.
