[HISTORY: Adopted by Special Town Meeting
of the Town of Cromwell 5-4-1967. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
A.
BASEMENT
CELLAR
DIRECTOR OF HEALTH
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MODERATE COOKING FACILITIES
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PLUMBING
REASONABLE TIME FOR INSPECTION
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
As used in this chapter, the following terms shall
have the meanings indicated:
A portion of a building located partly underground but having
less than 1/2 its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having 1/2 or more than 1/2 of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
The legally designated health authority of the Town or his
authorized representative.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing as hereinafter defined shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning,
spraying, fumigating, trapping or by other recognized and legal pest
elimination methods approved by the Director of Health.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water-closet compartments, laundries, recreation areas, pantries,
foyers or communicating corridors, closets and storage spaces.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Portable electric plug-in or small gas appliances and a refrigerator
or an icebox.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
A temperature of 5° F.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
unit as owner or agent of the owner or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and rules and regulations adopted
pursuant thereto to the same extent as if he were the owner.
Includes all of the following facilities and equipment: water
pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes-washing machines and any other similar supplied fixtures.
The interval of time between the hours of 8:00 a.m. and 6:00
p.m., except in the case of emergency when an inspection may be made
at any time, provided that such inspection is necessary in the interest
of public safety, health and welfare.
Any dwelling or that part of any dwelling containing one
or more rooming units in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes; provided, however, that in the case of a rooming
unit containing not more than one room and occupied by not more than
two persons, moderate cooking facilities may be permitted.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, dust and unregistered
motor vehicles or parts thereof.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter,
which is designated to be transportable and which is not attached
to the ground, to another structure or to any utilities system on
the same premises for more than 30 consecutive days.
B.
Meaning of certain words. Whenever the words "dwelling,"
"dwelling unit," "rooming house," "rooming unit" or "premises" are
used in this chapter, they shall be construed as if they were followed
by the words "or any part thereof."
The Director of Health is authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Town of Cromwell
in order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public.
For the purpose of making such inspections,
the Director of Health is hereby authorized to enter, examine and
survey at all reasonable times all dwellings, dwelling units, rooming
units and premises. The owner or occupant of every dwelling, dwelling
unit and rooming unit or the person in charge thereof shall give the
Director of Health free access to such dwelling, dwelling unit or
rooming unit and its premises at all reasonable times for the purpose
of such inspection, examination and survey.
In the application of the preceding section
and all other parts of this chapter, the Director of Health or his
authorized representatives acting for the municipality in the discharge
of their duties shall not thereby render themselves personally liable
and are hereby relieved from all personal liability for any damage
that may accrue to persons or property as the result of any act required
or permitted in the discharge of their duties.
Every occupant of a dwelling, dwelling unit
or rooming unit shall give the owner thereof or his agent or employee
access to any part of such dwelling or dwelling unit or its premises
at all reasonable times for the purpose of making such repairs or
alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, building,
fire, safety, demolition or health ordinance or code of the Town or
state statutes, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code
of the Town which establishes a lower standard for the promotion and
protection of the health and safety of the people, the provision of
this chapter shall be deemed to prevail, and such other ordinances
or codes are hereby declared to be repealed to the extent that they
may be found in conflict with this chapter.
[Amended TC 6-16-2014]
There shall be a Housing Code Board of Appeals
consisting of the Chief of the Cromwell Fire Department, three electors
appointed by the Town Council, and the Building Inspector. The Chairman
of the Board shall be one of the appointees. The Board shall adopt
rules for its procedure and meet every six months and at the call
of the Chairman and at such other times as the Board may determine.
The Board shall elect from its membership a member to act as Clerk.
All meetings of the Board shall be open to the public, and it shall
keep minutes of its proceedings.
Whenever the Director of Health determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he shall give notice of such alleged violation to
the person responsible therefor as hereinafter provided. Such notice
shall:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being
issued.
C.
Allow a reasonable time for the performance of any
act it requires.
D.
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant
if a copy thereof is served upon him personally or if a copy thereof
is sent by registered mail to his last known address or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or if he is served with such notice by any
other method authorized or required under the laws of the state.
E.
Such notice may contain an outline of remedial action,
which if taken will effect compliance with the provisions of this
chapter and with the rules and regulations adopted pursuant thereto.
F.
Copies of such notices and orders shall be forwarded
to the Chief of the Fire Department and the Building Department.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Director of Health, provided that such person shall file in the office
of the Director of Health a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served. Upon receipt of such
petition, the Director of Health shall set a time and place for such
hearing and shall give the petitioner written notice thereof. At such
hearing the petitioner shall be given an opportunity to be heard and
to show why such notice should be modified or withdrawn.
The hearing referred to in § 151-9 shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Director of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if in his judgment the petitioner has submitted a good and sufficient reason for such postponement, with proper notice to the petitioners.
The proceedings at the hearing referred to in §§ 151-9 and 151-10, including the findings and decision of the Director of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Director of Health. Such record shall also include a copy of every notice or order issued in connection with the matter.
After the hearing referred to in §§ 151-9 through 151-11, the Director of Health shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Director of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 151-8 shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Health within 10 days after such notice is served.
Any person aggrieved by any order, requirement
or decision of the Director of Health in the enforcement of this chapter
or of any rules or regulations adopted pursuant thereto may appeal
to the Housing Code Board of Appeals by filing a notice of appeal
specifying the grounds thereof within 10 days of making of the order,
requirement or decision complained of with the secretary of the Board.
The Board shall fix a time for the hearing of any appeal and shall
give notice to the parties and decide the same within a reasonable
time. At such hearing any party may appear in person or by agent or
attorney. The Board may reverse or affirm, wholly or partly, or may
modify the order, requirement or decision appealed from and shall
make such order, requirement or decision as in its opinion ought to
be made in the premises and shall have the powers of the Director
of Health, provided that the affirmative vote of three members shall
be necessary to reverse or modify the order, requirement or decision
appealed from. If there shall be difficulty or unreasonable hardship
in carrying out the strict letter of the ordinance upon which the
order, requirement or decision appealed from was based, the Board
shall have authority in passing upon such appeal to vary or modify
the application, either permanently or for a specified length of time,
of any of the provisions of such ordinances relating to the use, construction
or alteration of buildings or structures so that the spirit of such
ordinance shall be observed, public safety and welfare secured and
substantial justice done. Any person aggrieved by the decision of
the Housing Code Board of Appeals may seek relief therefrom, as provided
by the laws of the state.
Whenever the Director of Health finds that an
emergency exists which requires immediate action to protect the public
health, he may, without notice or hearing, issue an order reciting
the existence of such an emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately.
The Director of Health is authorized to make
and, after a public hearing has been held in accordance with the laws
governing the conduct of public hearings by the Director of Health,
to adopt such written rules and regulations as may be necessary for
the proper enforcement of the provisions of this chapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this chapter. The Director of Health shall file a certified
copy of all rules and regulations which he may adopt with the Town
Clerk. Such rules and regulations shall have the same force and effect
as the provisions of this chapter, and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this chapter.
On or before three years following the effective
date of this chapter, in every dwelling or dwelling unit there shall
be supplied in good working order the following:
On or before one year following the effective
date of this chapter, for every eight persons or fraction thereof
housed in every rooming house, there shall be supplied a bathroom
with plumbing, including a lavatory, a bathtub or shower and a water
closet. If the water closet is supplied in a separate compartment,
a lavatory basin shall also be supplied therein. No required facilities
shall be located in a basement or cellar, except by written approval
by the Director of Health.
All required plumbing shall be connected to
a continuous source of water supply and to a sewage disposal system
approved by the Director of Health.
All required plumbing, other than the water
closet, shall be properly connected with both hot and cold water lines.
The water-heating facilities, whether supplied by the owner or tenant,
shall be capable of supplying an adequate amount of water to every
required kitchen sink, lavatory and bathtub or shower at a temperature
of not less than 120° F., whether or not the heating facilities
on the premises are in operation.
An adequate number of metal garbage and rubbish
containers with tightly fitting covers shall be provided by the owner
of each dwelling containing three or more dwelling units and of each
rooming house for the use of tenants. In the case of dwellings consisting
of fewer than three dwelling units, the tenant shall supply such containers
for his own use.
No person shall occupy or let to another for
occupancy any dwelling, dwelling unit or rooming unit which does not
comply with the following requirements:
A.
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
area measured between stops shall be at least 10% of the floor area
of each habitable room, except that when the only window in a room
is a skylight-type window, the total area of such skylight shall equal
at least 15% of the floor area.
B.
Every habitable room shall have at least one easily opened window or skylight with a total operable window area of at least 45% of the minimum window size required in Subsection A of this section, except where there is a mechanical ventilating device provided, of a type approved by the Director of Health.
[Amended TC 6-16-2014]
C.
Every bathroom and water-closet compartment shall comply with the light and ventilating requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in a bathroom or water-closet compartment which is equipped with a mechanical ventilating system approved by the Director of Health.
D.
In all habitable rooms of dwellings, dwelling units
and rooming houses located within 300 feet of available power lines
there shall be supplied at least two separate wall-type electric convenience
outlets or one such convenience-type outlet and one ceiling- or wall-type
electric light fixture. In special instances when it becomes necessary
to have a special floor-unit outlet, only an approved floor-unit outlet
may be installed by special permission of the Fire Marshal.
E.
In every dwelling, dwelling unit and rooming house
there shall be available heating facilities whether supplied by the
owner or tenant which are capable of safely heating every habitable
room, bathroom and water-closet compartment to a temperature of at
least 70° F., at a distance three feet above floor level,
under ordinary minimum winter conditions. Heat, where supplied by
the owner, shall be supplied in accordance with Section 19-65 of the
1958 Revision of the Connecticut General Statutes or the latest revision
thereof.[1]
[1]
Editor's Note: See now C.G.S. § 19a-109, Heating
and provision of utilities for buildings.
No person shall occupy or let to another for
occupancy any dwelling, dwelling unit or rooming house which does
not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall
be reasonably weathertight, watertight, in sound repair and capable
of affording privacy.
B.
Every window, exterior door and basement hatchway
shall be reasonably weathertight, in sound working condition and in
good repair.
C.
Every inside and outside stair, every porch and every
appurtenance thereto shall be so constructed as to be safe to use
and capable of supporting the load that normal use may cause to be
placed thereon and shall be kept in sound condition and in good repair.
D.
Every water-closet compartment and bathroom floor
surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition.
E.
Every supplied facility, piece of equipment or utility
which is required under this chapter shall be so constructed and installed
that it will function safely and effectively and shall be maintained
in satisfactory and sanitary working condition.
No owner, operator or occupant shall cause any
service, facility, equipment or utility, which is required under this
chapter, to be removed from or shut off from or discontinued for any
occupied dwelling, let or occupied by him, except for such temporary
interruption as may be necessary while actual repairs or alterations
are in process or during the temporary emergencies when discontinuance
of service is approved by the Director of Health.
The owner shall keep all and every part of a
dwelling or rooming house and the lot on which it is situated in good
repair, clean and free from vermin, rodents, dirt, filth, garbage
or other things or matter dangerous to life or health; however, the
tenant, if any, shall also be liable if a violation is caused by a
willful act, assistance or negligence of his own or of that of any
member of his family or household or of his guests.
No owner shall occupy or let to any other occupant
any vacant dwelling or rooming unit unless it is clean, sanitary and
fit for human occupancy.
No person shall occupy or let to another, for
the purpose of living therein, any dwelling, dwelling unit or habitable
room which does not comply with the following requirements:
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area.
B.
In every dwelling unit of two or more rooms and in
every habitable room in a rooming house, every room occupied for sleeping
purposes by one occupant shall contain at least 70 square feet of
floor space, and every room occupied for sleeping purposes by more
than one occupant shall contain at least 50 square feet of floor space
for each occupant thereof.
C.
Every dwelling, dwelling unit or rooming house shall
have such room arrangements that access to a water-closet compartment
or bathroom intended for use by occupants of more than one sleeping
room can be had without going through another sleeping room; also
room arrangements shall be such that access to a sleeping room can
be had without going through another sleeping room or bathroom or
water-closet compartment.
D.
At least 1/2 of the area of every habitable room shall
have a ceiling height of at least seven feet, and the floor area of
that part of any room where the ceiling height is less than five feet
shall not be considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
No cellar space shall be used as a habitable
room or dwelling unit.
No basement space shall be used as a habitable
room or dwelling unit unless:
A.
The floor and walls are impervious to leakage or underground
and surface runoff water and are insulated against dampness.
B.
The total window area in each habitable room is at least equal to the minimum window sizes required in § 151-21.
C.
Such required window area is located entirely above
the grade of the ground adjoining such window area.
Every owner of a dwelling containing two or
more dwelling units and every proprietor of a rooming house containing
two or more habitable rooms shall be responsible for maintaining in
a clean and sanitary condition the shared or public areas of the dwelling
and premises thereof; however, the tenant shall also be liable if
a violation is caused by a willful act, assistance or negligence of
his own or of that of any member of his family or household or of
his guests.
Every occupant of a dwelling, dwelling unit
or habitable room in a rooming house shall keep that part of the dwelling
which he occupies or controls in a clean and sanitary condition.
Every occupant of a dwelling, dwelling unit or habitable room in a rooming house shall dispose of his garbage and refuse in a clean and sanitary manner by placing it in the container referred to under § 151-20.
Every occupant of a dwelling unit and every
proprietor of a rooming house shall keep all plumbing fixtures therein
in a clean and sanitary condition.
All walking spaces in halls or passageways commonly
used by more than one occupant shall be kept free of brooms, mops,
toys, chairs, furniture and similar objects. Occupants shall not tie
dogs in halls or passageways commonly used by more than one occupant
and shall maintain or handle their dogs or other animals so as to
prevent their excreta from being deposited on roofs, stairways, halls
and entrances.
Unobstructed approved dual means of egress to
ground level must be provided in every dwelling housing more than
one family; such egress to be available from each floor level of said
dwelling.
Every yard shall be properly graded and drained
by the owner. Rooming-house operators and dwelling owners shall keep
their yards clean and free of rodent infestation.
Every occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises, and every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for extermination whenever his dwelling
unit is the only one infested. Notwithstanding the foregoing provisions
of this section, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
The operator of a rooming house shall be responsible for any extermination
which may be required.
[Amended BOS 7-12-2006]
A.
License required. No person shall operate a rooming
house unless he holds a valid rooming house license issued by the
Director of Health after inspection and approval of the premises by
the Director of Health, the Fire Marshal and Building Inspector.
B.
Posting required. The license shall be displayed in
a conspicuous place within the rooming house at all times.
C.
Conditions of license; expiration. Such license shall
not be transferable. Every person holding such a license shall give
notice, in writing, to the Director of Health within 24 hours after
having sold, transferred, given away or otherwise disposed of ownership
of, interest in or control of any rooming house. Every rooming house
license shall expire at the end of one year following the date of
issuance, unless sooner suspended or revoked for violation of this
chapter.
D.
Fee. The fee for such license and for its renewal
shall be based on the number of rooms:
[Amended TC 6-16-2014]
|
Number of Rooms
|
Fee
| |
|---|---|---|
|
25 or less
|
$100
| |
|
More than 25
|
$150
| |
|
More than 50
|
$175
| |
|
More than 100
|
$225
|
E.
An individual who is an owner of a rooming house,
whether such house is currently occupied or vacant, shall file his
current residential address with the Cromwell Health Department and
shall update such address within 14 days of any change of address.
If a corporation, partnership, trust or other such entity is an owner
of a rooming house, whether such house is currently occupied or vacant,
it shall file the residential address of the agent in charge of the
rooming house with the Cromwell Health Department. Each owner or agent
shall pay an annual fee of $50 for the registration of the property.
[Added BOS 12-4-2008]
The operator of every rooming house shall change
supplied clean bed linen once a week and towels therein at least twice
every week and prior to the letting of any room to any occupant. The
operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
Every rooming unit shall have safe, unobstructed
means of egress leading to a safe and open space at ground level,
as required by the laws of the state and Town.
The operator of every rooming house shall be
responsible for the sanitary maintenance of all walls, floors and
ceilings and for maintenance of a sanitary condition in every other
part of the rooming house, and he shall be further responsible for
the sanitary maintenance of the entire premises where the entire structure
or building is leased or occupied by the operator.
Every provision of this chapter which applies
to rooming houses shall also apply to hotels and motels.
A.
The designation of dwellings or dwelling units as
unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out in compliance with the following requirements.
B.
Any dwelling or dwelling unit which shall be found
to have any of the following defects shall be condemned as unfit for
human habitation and shall be so designated and placarded by the Director
of Health:
(1)
One which is so damaged, decayed, dilapidated, insanitary,
unsafe or vermin infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants
or of the public.
(3)
One which, because of its general condition or location,
is insanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
C.
Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Director of
Health shall be vacated as ordered by the Director of Health.
D.
No dwelling or dwelling unit which has been condemned
and placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and such placard
is removed by the Director of Health. The Director of Health shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
E.
No person shall deface or remove the placard from
any dwelling or dwelling unit which has been condemned as unfit for
human habitation and placarded as such, except as provided in this
section.
[Added BOS 7-11-2001[1]]
A.
Every foundation, floor, roof, ceiling, exterior and
interior wall and accessory structure shall be reasonably weathertight
and dampfree, shall be kept in sound condition and good repair, and
shall be capable of affording privacy. All exterior wood surfaces
shall be protected from the elements and decay by paint or other protective
covering or treatment.
(1)
No lead paint or lead-based paint or other toxic paint
or materials shall be used on any exposed exterior or interior surface
of any premises containing one or more dwelling units.
(2)
In each instance where conditions disclose cracked,
chipped, blistered, flaked, chalking, peeling, loose or falling paint,
and there is reason to believe that the presence of lead paint or
lead-based paint or toxic material exists as a potential hazard, the
Director of Health or his authorized representative may take sufficient
samples and submit the samples for analysis, the cost of which shall
be at the property owner's expense, and, if a hazard exists, may make
such orders as are necessary to eliminate or remove the hazard.
(3)
Painted portions of all buildings used in whole or
in part for human habitation, as well as any accessory structures
on the premises thereof, shall be kept free of cracked, chipped, blistered,
flaked, chalking, peeling, loose or falling paint. Any such surface
shall be properly prepared and repainted with a paint or other covering
conforming to the standards as required in accordance with the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. § 4831), as the
same may be amended from time to time.
(4)
In accordance with § 19a-111c of the Connecticut General Statutes, the owner of any dwelling in which the paint, plaster or other material is found to contain toxic levels of lead and in which children under the age of six reside shall abate, remediate or manage such dangerous materials consistent with the regulations adopted in accordance with Chapter 54 of the Connecticut General Statutes by the Commissioner of Public Health and the General Statutes and Chapter 51 of the Code of the Town of Cromwell. The Director of Health may require any such owner to submit evidence of compliance with the aforesaid regulations, statutes, and Code from qualified testing firms acceptable to the Director. A fee of $100 shall be paid by the owner to the Health Department at the time such evidence is submitted to the Health Department.
[Amended BOS 12-4-2008]
B.
Testing and compliance.
(1)
Whenever the Director of Health receives a report
of lead poisoning or otherwise determines that a child under the age
of six has an abnormal body burden of lead, the Director may cause
the paint, water and soil on the premises of the dwelling in which
such child resides to be tested for lead content at the property owner's
expense. The Director shall take appropriate action to compel abatement
of hazardous conditions if the lead content of paint, water or soil
on such premises exceeds the permissible limits thereof as established
in this subsection.
(a)
For purposes of this subsection, abatement shall
be required if the lead content of paint on the premises exceeds the
standards established in accordance with the Lead-Based Paint Poisoning
Act (42 U.S.C. § 4831), as the same may be amended from
time to time.
(b)
Similarly, abatement shall be required if the
lead content of water on the premises meets or exceeds 0.05 of one
milligram per liter.
(c)
Abatement of soil may be required when lead
levels are 500 parts per million or greater.
(2)
The Director of Health may engage or order the engagement,
at the property owner's expense, of qualified firms to perform testing
for lead content in paint, water and soil. In addition, the Director
of Health may engage or order the engagement, at the property owner's
expense, of firms to conduct abatement to ensure compliance with abatement
regulations and with any abatement orders issued hereunder and to
certify that abatement has been successfully accomplished.
C.
Written approval must be obtained from the Director
of Health prior to the commencement of sandblasting work on any exterior
surface. Those surfaces to be sandblasted must first be tested for
lead by a professional environmental testing service at the property
owner's expense. If the testing reveals the presence of lead, the
property owner must perform the work according to approved methods,
including the use of equipment to ensure that no particulate matter
shall escape into the atmosphere, soil or onto other property.
[Amended BOS 4-9-1997]
A.
Whenever in this chapter any act is prohibited or
declared unlawful or the doing of any act is required or the failure
to do any act is declared to be unlawful and no specific penalty is
provided therefor, the violation of any such provision of this chapter
shall be punishable by a fine not to exceed $100 or by imprisonment
for a term not exceeding three months, or by both such fine and imprisonment.
Each day any violation of this chapter continues shall constitute
a separate offense.
[Added BOS 12-4-2008]
No person may demolish any facility or structure
prior to providing the Director of Health with a complete environmental
review, including notification of the abatement of asbestos, lead
and petroleum products, including tank disposal, pest control, and
septic system and well abandonment, and receiving a written approval
for such proposed demolition from the Director. Such approval shall
not waive any other applicable Town, state or federal requirement
for such proposed demolition. The Director, prior to providing an
approval of such proposed demolition, may inspect the facility or
structure involved and/or require the person proposing such demolition
to provide information which, in his discretion, is deemed necessary
prior to the issuance of an approval of such demolition. A fee of
$150 shall be submitted to the Health Department with the environmental
review. An accessory building of less than 200 square feet shall be
exempt from this fee.
[Added TC 2-8-2017]
A.
Definition. For purposes of this section, in accord with C.G.S. § 22a-174K,
an "outdoor wood-burning furnace" is defined as an accessory structure
or appliance designed to be located outside living space ordinarily
used for human habitation and designed to transfer or provide heat,
via liquid or other means, through the burning of wood or solid waste,
for heating spaces other than where such structure or appliance is
located, any other structure or appliance on the premises, or for
heating domestic, swimming pool, hot tub or Jacuzzi water. "Outdoor
wood-burning furnace" does not include a fire pit, wood-fired barbecue
or chiminea.
B.
Outdoor wood-burning furnaces as defined in C.G.S. § 22a-174K
are permitted in all zones by a zoning permit, providing the proposed
unit complies with all the requirements of C.G.S. § 22a-174K
and is located a minimum of 200 feet from the nearest residence or
commercial area and the chimney does not exceed the maximum height
of structures permitted in the zone. Only outdoor wood-burning furnaces
which have been certified under the voluntary partnership agreement
with the EPA are acceptable.
C.
Limitations for installation and construction. No person shall, from
the effective date of this section, construct, install, establish,
modify, operate or use an outdoor wood-burning furnace, unless:
D.
Operational limitations.
(1)
All installed and constructed outdoor wood-burning furnaces, as established under Subsection B, are subject to regulation for proper use and operation, and improper operation will be determined by, but not limited to, the following factors:
(a)
Generation of heavy, thick, blinding, environmentally polluting,
hazardous or public-health-compromising smoke or furnace discharge;
or
(b)
Generation of toxic, environmentally polluting, hazardous or
public-health-compromising odors; or
(c)
Failure to operate the unit in accord with the manufacturer's
recommendations.
(2)
The furnace shall be operative only during the months of November
through April.
E.
Enforcement Officer: the person designated by the Town Manager, including
the Director of Health, the Town's Zoning Enforcement Officer,
the Chief of Police and/or the Town Manager's designee(s).
