[HISTORY: Adopted by the Town Council of
the Town of West Hartford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-10-1966]
It shall be unlawful to construct, maintain,
install or enlarge any swimming pool in the Town, except in compliance
with all the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
A receptacle for water or an artificial pool of water, whether
above or below grade, having a depth at any point of more than two
feet and a water surface area of more than 75 square feet intended
for the purpose of immersion or partial immersion therein of human
beings and including all appurtenant equipment.
No portion of a swimming pool outside of a building
shall be located at a distance less than 10 feet from any side or
rear property line or building line. Pumps, filters and pool-water
disinfection equipment installations shall be located at a distance
not less than 10 feet from any side or rear property line or building
line.
It shall be unlawful to proceed with the construction,
installation, enlargement or alteration of any permanent private residential
swimming pool and appurtenances within the Town unless permits therefor
shall have first been obtained from the Building Inspector.
A.
All drawings and plans for the construction, installation, enlargement or alteration of any swimming pool and appurtenances for which a permit is required by § 159-4 shall first be presented to the Building Inspector for examination and approval as to proper location and construction.
B.
All plans and drawings shall be drawn to a scale of
not less than 1/8 of an inch to the foot, on paper or cloth, in ink
or by some process that will not fade or obliterate. All distances
and dimensions shall be accurately figured and drawings made explicit
and complete, showing the lot line and including information pertaining
to such swimming pool, fence construction, water supply system, drainage
and water disposal systems and all appurtenances pertaining thereto.
Detailed plans and vertical elevations shall also be provided in accordance
with applicable building codes.[1]
All swimming pools for which a permit is required by § 159-4 shall be of the recirculation type, in which circulation of the water is maintained through the pool by pumps, the water drawn from the pool being clarified and disinfected before being returned to the pool. Means shall be provided for cleaning the surface of the pool without draining once every 48 hours.
An escape ladder shall be used in every pool
over two feet in height or depth.
The structure, wiring, lighting and piping of
all swimming pools and equipment shall be in conformity with all ordinances
and codes of the Town.
A.
All permanent outdoor swimming pools, temporary pools
of less than four feet in height and temporary pools of more than
four feet in height with climbable walls shall be completely enclosed
by a fence or its equivalent at least four feet in height and of sufficient
density to prevent unauthorized or inadvertent access to the pool
area. All openings, barriers or points of entry into the swimming
pool area shall be equipped with gates with self-closing or self-latching
devices placed at the top of the gate. This section shall not otherwise
be applicable to temporary pools of more than four feet in height
with nonclimbable walls, except that the means of ingress and egress
thereto must be removed or guarded by gates with self-closing or self-latching
devices at the top thereof when not in use.
B.
If any pool, as of May 10, 1966, does not comply with
this section, compliance with the height requirement of this section
for a fence or its equivalent is not necessary if the barrier surrounding
the pool as of said date is more than two feet in height.
[Adopted 10-14-2014]
For purposes of this article, the following terms shall have
the meanings set forth herein:
An individual who is at least 18 years of age and who has
been designated by the owner to be responsible for the operation and
maintenance of a public pool, the keeping of records, engaging in
the activities and complying with the regulations pertaining to bathers
in accordance with § 19-13-B33b of the Regulations of the
Connecticut State Agencies and this article.
Any person or legal entity which:
An artificial basin constructed of concrete, steel, fiberglass
or other relatively impervious material intended for recreational
bathing, swimming, diving, or therapeutic purposes as further defined
in Regulations of Connecticut State Agencies, § 19-13-B33b,
as that section may be amended or recodified from time to time.
A.
No public pool shall be operated within the Town of West Hartford
unless the owner thereof has a valid license pursuant to this article.
B.
Each public pool shall have a separate license.
C.
Each such license shall be renewed annually.
D.
Licenses are not transferable between owners or between public pools.
A.
Application for the license required pursuant to this article shall
be made to the West Hartford-Bloomfield Health District upon forms
provided by it.
B.
License applications for new public pools shall be made at least
14 days prior to the scheduled opening date and shall be renewed annually
at least 14 days before the expiration of the preceding permit.
C.
Licenses for seasonal outdoor pools shall be renewed at least 14
days prior to the scheduled opening of the seasonal outdoor pool or
pool area.
D.
The Director of Health shall deny an application for a license for
failure to demonstrate compliance with the provisions of the Connecticut
General Statutes pertaining to health and sanitation; Regulations
of Connecticut State Agencies, § 19-13-B33b, as that section
may be amended or recodified from time to time; this article; the
rules and regulations adopted by the West Hartford-Bloomfield Health
District Board of Directors in furtherance of this article; or any
other applicable provision of law.
The West Hartford-Bloomfield Health District Board of Directors
shall establish a schedule of fees for the issuance of licenses and
the conduct of inspections required by this article. Said schedule
may establish reduced fees for Public Pools at which the on-site pool
supervisor is a certified pool operator accredited by the National
Swimming Pool Foundation or an equivalent accrediting agency.
A.
Each public pool shall be inspected prior to approval of the initial
license and prior to its renewal each year thereafter. Seasonal outdoor
public pools shall be inspected each year prior to the scheduled opening
of the seasonal outdoor pool or pool area.
B.
The West Hartford-Bloomfield Health District is authorized to conduct
inspections of all public pools as may be necessary during the year
to ensure ongoing compliance with all provisions of this article and
any other applicable provisions of law, and shall have the right to
enter the premises of any public pool at any reasonable time during
operating hours to inspect the public pool and related facilities.
C.
In the event that inspection of a public pool demonstrates any violation(s)
of this article or any other applicable provision of law, the Director
of Health shall issue a notice of violation to the owner setting forth
the nature of the violation(s) and a date, not later than 14 days
following the inspection date, by which said violation is to be remedied.
A duplicate of the notice of violation shall be provided to the on-site
pool supervisor.
D.
Reinspection of a public pool shall be required to confirm the correction
of any violation(s) of this article or any other applicable provision
of law. The West Hartford-Bloomfield Health District shall conduct
one reinspection at no additional cost to the owner. Such reinspection
shall occur at the request of the owner, but no later than 14 days
following the original inspection. Should it become necessary to conduct
additional inspections because violations have not been corrected
as ordered or to conduct an inspection because the owner has not requested
reinspection within 14 days, a reinspection fee for each such inspection
will be charged to the owner.
A.
Unless a twenty-four-hour emergency contact number for the on-site
pool supervisor is made available to the West Hartford-Bloomfield
Health District, an on-site pool supervisor shall be on the premises
at all times the pool is open to the public.
B.
The on-site pool supervisor shall be responsible for operating and
maintaining the pool in accordance with the provisions of the Connecticut
General Statutes pertaining to health and sanitation; Regulations
of Connecticut State Agencies § 19-13-B33b; this article;
and the rules and regulations adopted by the West Hartford-Bloomfield
Health District.
A.
Public pools shall be operated in accord with the requirements of
this article and Section 19-13-B33b of the Regulations of the Connecticut
State Agencies at all times.
B.
At no time shall any public pool create a public nuisance, a safety
hazard, or a mosquito breeding place.
C.
The pool deck, premises, and abutting areas shall be free of litter
and articles unnecessary to the operation of the pool.
D.
Bathrooms, locker rooms, shower stalls, and any other area necessary
for the use of the pool shall be maintained in a clean and sanitary
manner.
A.
Fines. Each violation of the provisions of this article which is
not remedied by the date set forth in the notice of violation shall
be punishable by a fine of $200. Each calendar day thereafter during
which such a violation continues shall be deemed to constitute a separate
violation.
B.
Pool closure.
(1)
In addition to the notice of violation described in § 159-15 or the fines set forth in Subsection A of this section, the Director of Health may order the immediate closure of a public pool or the immediate suspension/revocation of any license when:
(a)
No valid license is in effect for operation of a public pool;
(b)
There is credible evidence to believe that a communicable disease
is being transmitted through the use of the public pool;
(c)
The public pool is being operated in such a manner that it constitutes
a public nuisance or significant health risk; or
(d)
An imminent safety hazard or hazards exist as a result of a
violation of the provisions of the Connecticut General Statutes pertaining
to health and sanitation; Regulations of Connecticut State Agencies,
§ 19-13-B33b, as that section may be amended or recodified
from time to time; this article; the rules and regulations adopted
by the West Hartford-Bloomfield Health District Board of Directors
in furtherance of this article; or any other applicable provision
of law.
(2)
Violation of an order issued pursuant to this section shall be punishable
by a fine of $250. Each calendar day thereafter during which such
a violation continues shall be deemed to constitute a separate violation.
The owner may appeal a written notice of violation, denial of
a license or license suspension/revocation order to the Director of
Health. The appeal shall be made in writing and shall be received
by the Director of Health within 48 hours after receipt of the order.
The Director of Health shall review the case and may vacate, modify,
or affirm such notice or order. If aggrieved by the decision of the
Director of Health, the owner may, within 48 hours after the making
of such decision, appeal to the Commissioner of Public Health, who
may vacate, modify, or affirm the same.
