[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- ARTIFICIAL PUBLIC POOL
- A structure of concrete, steel, or other relatively impervious material intended for bathing, swimming, or therapeutic purposes, located either indoors or outdoors provided with controlled water supply, and not used or intended to be used as a pool at a single-family residence.
No person shall operate an artificial public pool within the City of Middletown without first obtaining a license from the Director of Health.
[Amended 1-4-1984; 9-5-1989; 1-5-1998]
All licenses shall be for a period of one year from the date of issuance. A license fee of $100 shall be paid in advance with the application. The fee for a nonprofit agency shall be $50 and shall be paid in advance with the application. The application shall be made on a form prescribed by the Director of Health.
An inspection shall be made before a license is issued. A license shall be issued if the applicant complies with all the requirements of this article, as amended, § 19-267-B33b of the Connecticut Public Health Code, as amended, and all other applicable laws.
If the applicant is a natural person, he will be held responsible for the operation and maintenance of the pool. If the applicant is not a natural person, the applicant shall designate a natural person who will be held responsible for the operation and maintenance of the pool.
The license is not transferable and no licensee shall permit another person, other than his own agents and employees, to operate under his license.
Any department or agency of the government of the City of Middletown operating an artificial public pool shall obtain a license but shall be exempt from paying the license fee.
The Director of Health is hereby authorized to enter, inspect, examine, and survey all artificial public pools between the hours of 8:00 a.m. and 5:00 p.m. of any business day and any day the pool is to be used. Whenever, upon inspection of any artificial public pool, the Director of Health finds that conditions or practices exist which are in violation of any provision of this article or other applicable law, the Director of Health shall give a written warning to the operator of such artificial public pool that unless such conditions are corrected within a period of time to be specified by the Director of Health, the operator's license may be revoked. Such period of time shall be of a reasonable length.
At the end of said period of time the Director of Health shall reinspect such artificial public pool. If the Director of Health determines that the conditions have not been corrected, he shall hold a hearing to determine whether the license should be revoked. Written notice of the hearing setting forth the violations and the time and place of hearing shall be given to the licensee at least seven days prior to the date scheduled for commencement of the hearing. The hearing may be continued from time to time by the Director as the circumstances require. At the hearing, the evidence on which a revocation of license may be based may be presented. The licensee may be represented by counsel, may cross examine witnesses and present testimony, documentary or other evidence in support of its claim. If requested to do so, the Director may allow the licensee a reasonable time to submit a written memorandum in support of its claims. Within 10 days of the close of the hearing or the date for submission of the memorandum, the Director shall make a decision as to whether or not the license shall be revoked. The decision shall be in writing and a copy mailed by certified mail or hand delivered to the licensee. If the license is revoked the revocation shall be effective upon receipt of the decision by the licensee.
Notwithstanding any other provision of the Code of the City of Middletown, the Director of Health, upon receipt of information from which there is cause to believe that a licensee is conducting an artificial public pool in such a manner as to create a danger of immediate injury or damage to persons or property, he shall immediately suspend such license, which suspension shall be given in writing, and schedule a hearing as soon as practicable for the presentation of evidence, after which the Director shall make a determination as to whether the license shall be revoked. If the license is not revoked, the suspension shall be terminated and the license reinstated. The same practices and procedures shall apply at such hearing as at a hearing held upon a notice set forth in Subsection B above.
Any person whose license to operate an artificial public pool has been suspended or revoked by the Director of Health shall immediately cease to use the premises as an artificial public pool.
[Amended 5-7-1990; 7-6-1992; 1-5-1998]
If a license is revoked, a new application may be made to the Director of Health. A fee of $150 shall be paid at the time of application. A license shall be issued if the applicant complies with all the requirements of this article, the Connecticut Public Health Code and all other applicable laws at the time inspection is made. The fee for a nonprofit agency shall be $50 for the reinstated license, paid in advance with the application.
This article shall be effective on July 1, 1983.