[HISTORY: Adopted by the Board of Selectmen of the Town of Winchester 11-18-1991 (§ 159 of the prior compilation). Amendments noted where applicable.]
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.