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Town of Monroe, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Monroe 11-28-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Health Department — See Ch. 71.
Health and sanitation — See Ch. 305.
The Director of Health shall have the authority to enforce provisions of this chapter.
A. 
As used in this chapter, the term "public pool" shall have the same meaning as defined in the Connecticut Public Health Code.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CONNECTICUT PUBLIC HEALTH CODE
The Public Health Code of the State of Connecticut.
DIRECTOR OF HEALTH
The local Director of Health of the Town of Monroe, or his/her duly authorized agent.
PERSON
Any individual, firm, partnership, association, corporation, company, municipality, political subdivision, community governmental agency, club, organization, or other entity owning or operating a pool.
PERSON IN CHARGE
Any 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 is deemed to be the person in charge for the purposes of this chapter.
POOL OPERATOR
A person at least 18 years of age who is responsible for the daily operation of the public pool and who shall be held responsible for compliance with all applicable provisions of the Town of Monroe, Public Pool Code and the Public Health Code of the State of Connecticut.
PUBLIC POOL
An artificial basin as defined in Section 19-13-B33b of the Public Health Code of the State of Connecticut.
A. 
No person, firm, corporation, or association shall operate a public swimming pool within the Town of Monroe unless in possession of a valid license issued by the Director of Health. Only a person who complies with the requirements of this regulation and Section 19-13-B33b of the Public Health Code of the State of Connecticut shall be entitled to receive and retain such a license.
B. 
Any person desiring to operate a public swimming pool shall make written application for a license, at least 10 business days prior to opening a new public pool, or prior to the expiration of an existing license, or change of ownership, on forms provided by Director of Health. Such application shall include but not be limited to, the name and address of the swimming pool operator(s) of the public swimming pool, the type and location of the pool and the signature of each owner or authorized representative.
C. 
The application shall be accompanied by the appropriate fee.
D. 
Each public pool at a single location which has its own recirculation and water treatment system shall be deemed to be a separate pool and shall be required to have a separate permit.
E. 
Prior to the issuance of final approval for a license, the Director of Health shall inspect the swimming pool to determine compliance with the provisions of this chapter, the Connecticut Public Health Code of the State of Connecticut, any other applicable codes, regulations or statutes.
F. 
The Director of Health shall issue a license to the applicant if the inspection reveals that the swimming pool complies with the requirements of this chapter, the Connecticut Public Health Code of the State of Connecticut, and any other applicable codes, regulations or statutes.
G. 
All licenses shall expire on April 30 of each year, unless otherwise indicated, and may be renewed for another year upon application and payment of an annual fee provided that the swimming pool is in compliance with this chapter, the Connecticut Public Health Code of the State of Connecticut, and any other applicable codes, regulations or statutes.
H. 
In the case of a transfer of ownership of an existing swimming pool to a new owner, the new owner shall submit an application for a license on forms provided by the Health Department. The swimming pool shall be brought into compliance with this chapter, the Connecticut Public Health Code and any other applicable codes, regulations or statutes by correcting all violations before a license to operate can be issued. The license is not transferable.
Every pool shall be under the immediate supervision of a swimming pool operator at least 18 years of age who shall be responsible for compliance with all provisions and regulations relating to equipment, pool operation, maintenance, testing, and the safety of bathers. The operator shall be knowledgeable in the operation of the pool and in pool chemistry and testing. This person must be certified as a "certified pool operator" or successfully complete equivalent training in pool operations acceptable to the Director of Health.
A. 
The Director of Health may require the pool operator obtain additional training if inspection(s) of the pool demonstrate that the pool operator lacks knowledge to properly and safely operate the pool.
B. 
Information on how to contact the swimming pool operator shall be posted at the swimming pool whenever the operator is not on the premises where the public pool is located. The names(s) of the swimming pool operator(s) shall be submitted to the Director of Health at the time of application for a license and shall be kept updated whenever there is a change in personnel.
A. 
Prior to the issuance of an initial license and periodically thereafter, the Health Department shall visit every public pool within the Town of Monroe to make as many inspections as necessary, but at least one annually, for the enforcement of this chapter and the Public Health Code of the State of Connecticut, and shall be permitted to examine all records pertaining to the operation and maintenance of the public pool.
B. 
Such inspections shall be performed during regular business hours whenever possible, or at any reasonable time upon request of the Health Department.
When it comes to the attention of the Director of Health that a public pool is operating without a valid license, the Director of Health shall order the public pool to close immediately.
A. 
The Director of Health may suspend any license to operate a public swimming pool if the license holder does not comply with the requirements of this chapter, the Connecticut Public Health Code or any other applicable code, regulation or statute.
B. 
In the event that the Director of Health or his duly authorized representative finds unsanitary or other conditions in the operation of the public swimming pool which in his judgment constitutes a violation of this chapter, the Connecticut Public Health Code or any other applicable code, regulation or statute, the Director of Health may issue a written notice of intent to suspend the license to the license holder or operator citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken and, if deemed necessary, order immediate pool correction.
C. 
If correction is not made in the allotted time, the license shall be suspended and a written order issued to the owner or operator to cease operation of the public swimming pool. The pool shall immediately close upon receipt of the order.
D. 
The public pool shall not resume operations without written approval or re-instatement of the license by the Director of Health. A suspended license shall be removed from the premises by the Director of Health or his/her designee.
E. 
One copy of the order for pool closure shall be posted by the owner upon the inner surface of the window of the front entrance door of the public swimming pool, or upon the nearest window thereto, or upon the entrance gate in such a manner as to be clearly visible to the general public from the exterior of such facility. Said order to close pool shall not be defaced or removed by any person except the Director of Health.
F. 
The Director of Health may immediately suspend, without warning, prior notice, or hearing, any license to operate a public pool if the owner, operator or person in charge has interfered with the performance of the Director of Health's duties or if the pool operation constitutes a significant health nuisance or imminent safety hazard to the public. A significant health nuisance or imminent safety hazard to the public shall include, but not be limited to, any of the following:
(1) 
The clarity of the water does not comply with the provisions of Section 19-13-B33b(b)(4) of the Connecticut Public Health Code, as amended.
(2) 
The amount or residual disinfection is less than the minimum amount specified in Section 19-13-33b(b)5 of the Connecticut Public Health Code, as amended.
(3) 
Severe structural deficiencies and/or disrepair of the public pool presents a substantial safety hazard to patrons. This includes the malfunction or nonfunction of the pool recirculating system.
(4) 
The safety equipment required by Section 19-13-B33b(b)(10), (14), (16), (18), (c)(1)(3)(4) of the Connecticut Public Health Code, as amended, is not provided.
(5) 
Discharge of fecal or vomit matter into the pool has occurred.
(6) 
The temperature of the pool exceeds 104º F. in a public whirlpool spa, Section 19-13-B33b(e)(2), as amended.
(7) 
The pH of the water does not comply with the provisions of Section 19-13-B33b(b)(6) of the Connecticut Public Health Code, as amended.
G. 
A written order to cease and desist, issued to the license holder of the public pool from the Director of Health, will follow within 24 hours. When a license is suspended, pool closure under this chapter shall be effective immediately upon delivery of written notice to the person in charge at the pool by the Director of Health and shall not resume until written approval has been issued by the Director of Health.
The Director of Health may after providing opportunity for hearing and appeal, revoke or refuse to renew any license to operate a public pool for unsanitary or injurious conditions or an imminent health hazard to the public, or repeated violations of provisions of this chapter or the Connecticut Public Health Code, or for interference with the Director of Health in the performance of their duties. Prior to revocation, the Director of Health shall notify the license holder or person in charge, in writing, of the reasons for which the license is subject to revocation and that the license shall be revoked at the end of 10 days following service of such notice unless an appeal is filed with the Director of Health by the license holder within 48 business hours (excluding Saturdays, Sundays, and Town holidays) of receipt of the notice. If no appeal is filed within these 48 business hours, the revocation of the license becomes final. A revoked license shall be removed from the premises by the Director of Health.
Written notices and orders provided for in this chapter shall be deemed to have been properly served when a copy of the notice or order has been delivered personally or sent by certified mail, return receipt requested, to the owner, permit holder or person in charge of the public swimming pool. Such written notices and orders shall also be deemed to have been properly served provided it has been posted on the front entrance door of the public swimming pool or upon the nearest window or entrance gate thereto in such a manner as to be clearly visible to the general public from the exterior of the facility. Said notice shall not be defaced or removed by any person except the Director of Health. A copy of any such notice or order shall be filed in the records of the Director of Health.
The Director of Health shall conduct the hearings provided for in this chapter at a designated place and time. The Director of Health shall make a final finding based upon the complete hearing record, and shall sustain, modify or rescind any notice or order considered in the hearing. The Director of Health shall furnish a copy of the written report of the hearing decision to the license holder within 10 calendar days of the hearing date.
The owner of a public pool aggrieved by any written notice or order may, within 48 hours (excluding Saturdays, Sundays, and Town holidays) after the receipt of such notice and/or order, appeal to the Director of Health who shall thereupon examine the merits of such case and may vacate, modify or affirm such written notice or order. The owner or operator of a public pool who is aggrieved by such action of the Director of Health may, no later than three business days after the date of receipt of such notice or order, appeal to the State of Connecticut Commission of Health who shall thereupon immediately notify the authority from whose order the appeal was taken and examine the merits of such case and may vacate, modify or affirm such action in accordance with the Connecticut State Statutes.
A. 
Subsequent to suspension: Whenever a license has been suspended, the holder of the suspended license may make a request for license reinstatement. Within five days following receipt of such request, the Director of Health shall make a reinspection. If the applicant is found to be in compliance with the requirements of this chapter, the Connecticut Public Health Code, other applicable codes, regulations or statutes, and the conditions responsible for the suspension have been corrected, the license shall be reinstated and returned to the license holder.
B. 
Subsequent to revocation: After a period of 30 days from the date of revocation, a written application may be made for the issuance of a new license. Procedures delineated in this chapter for obtaining a new license shall be followed.
When provision is made for serving food and/or beverages at the pool, no containers of glass or other material, which might cause a hazard to bathers, shall be used. The pool facility shall be so arranged and posted to permit consumption of food and beverages only in a specified area. Any food service area shall comply with the Connecticut Public Health Code and the Code of the Town of Monroe.
Domestic animals are prohibited, unless otherwise permitted by law, at a public swimming pool or within the pool barrier during swim season.