Any outdoor in-ground or above-ground swimming pool capable
of holding two feet of water in depth at any point shall be completely
enclosed by means of a secure fence or wall not less than four feet
above the ground at any point. All openings in the fence or wall shall
be secured by a gate or door equipped with a self-closing, self-latching
mechanism placed at least four feet (1,219 mm) above the ground and
made inaccessible from the outside to small children, except that
this requirement shall not apply to any door leading from the dwelling
to which the fence or wall is attached. A natural barrier, hedges
or pool cover is not permitted as an enclosure.
Enclosure fences shall be constructed so as to prohibit the
passage of a sphere larger than four inches (102 mm) in diameter through
any opening or under the fence. Fences shall be designed to withstand
a horizontal concentrated load of 200 pounds (91 kg) applied on a
one-square-foot (0.093 m2) area at any
point of the fence.
Any outdoor swimming pool which is two feet in depth and the top of whose walls and surrounding deck are four feet or more above the ground at all points shall comply with the requirements of §
345-1 or, in lieu thereof, shall have removable swing-up ladders or steps at all points of access to the deck or pool. These steps or ladders shall be swung up or removed whenever the pool is not in use.
The Building Official shall be responsible for enforcement of
the provisions of this chapter. Any owner of a swimming pool found
to be in violation of the provisions of this chapter who, after written
warning by certified mail, fails to correct the violation within 30
days shall be fined $100 for each day thereafter that the violation
is allowed to continue. Any person cited hereunder may appeal the
enforcement officer's decision to the Town Manager within 10 days
after receipt of written warning by the Building Official. The Town
Manager is authorized to enforce the provisions of this chapter against
any noncomplying owner of a swimming pool by obtaining a court-ordered
injunction. Any expenses or costs incurred in obtaining a judicial
order will be assessed against the owner.
A final inspection shall be required for all new pool permits
by the office of the Building Official.
The requirements and penalties of this chapter shall be in addition
to those contained in the Connecticut State Building Code and shall
apply to any pool presently in existence and any future pools built
in the Town of Winchester.