[HISTORY: Adopted by the Town Council of the Town of West Hartford 3-11-1975. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- GROUP-CARE FACILITY
- A supervised residence facility which houses not fewer than six persons
who are handicapped, aged or disabled or who are in need of rehabilitation
but are not acutely ill and are provided services to meet their needs. It
does not include an institution, as defined in C.G.S. § 19a-490,
and required to be licensed pursuant to the provisions of C.G.S. § 19a-490
to 19a-503.[Amended 6-28-1994]
It shall be unlawful for any person, firm or corporation to conduct, operate or maintain or permit to be conducted, operated or maintained or to participate in the conduct, maintenance or operation of a group-care facility within the Town of West Hartford unless the Director of Health has issued a valid license therefor which is in full force and effect, which license shall specify the name of the person in charge of the facility.
Application for a license hereunder shall be made to the Director of Health in such form and manner as the Director may prescribe. The application shall include such information and data respecting the group-care facility for which the license is requested as the Director of Health may prescribe, including a description of the type of facility, its location and the services to be provided.
Upon receipt of an application for a license hereunder or a renewal thereof, the Director of Health shall cause an investigation to be made of the character, reputation and qualifications of the applicant and the members of the applicant's staff.
Upon the filing of the application for the license required by § 98-3:
The Chief of the Fire Department of the Town shall forthwith examine said premises for the purpose of determining its suitability for such occupancy with respect to fire and safety laws and regulations of the state and the Town. The Chief shall make a written report of approval or disapproval of said application to the Director of Health. In the event of disapproval, the Chief shall set forth in said report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of said fire regulations or shall report that, in the Chief's opinion, the building cannot be repaired or altered to conform to such requirements.
The Director of Health shall forthwith examine said premises for the purpose of determining suitability for such occupancy with respect to the health and sanitation laws and regulations of the state and Town. The Director shall make written report of approval or disapproval of said application. In the event of disapproval, the Director shall set forth in said report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of said health and sanitation laws and regulations or shall report that, in the Director's opinion, said building cannot be repaired or altered to conform to such requirements.
The Building Inspector shall forthwith examine such premises for the purpose of determining its suitability for such occupancy with respect to the Building Code and building regulations of the state. The Building Inspector shall make a written report of approval or disapproval of said application to the Director of Health. In the event of disapproval, the Building Inspector shall set forth in said report the repairs or alterations or limit in the number of occupants necessary to meet the requirements of said Building Code and regulations or shall state, in the Building Inspector's opinion, that said building cannot be repaired or altered to conform to such requirements.
Provided that the location of the group-care facility complies with Chapter 177, Zoning, and provided that the Chief of the Fire Department, the Director of Health and the Building Inspector have filed reports of approval as provided in § 98-5, the Director of Health shall thereupon issue a license to the applicant for a group-care facility when the Director finds and determines that the applicant is adequately qualified and equipped to conduct, operate and maintain the group-care facility for which the license is to be issued, that such group-care facility conforms to the requirements of this chapter and that the applicant and the applicant's staff are of good character and reputation.
The license, when issued, shall designate the maximum number of residents, excluding the operator, the operator's staff and their respective families, to be accommodated in the group-care facility to which it applies, and this number shall at no time be exceeded. The number of residents designated in such license may not exceed the number specified in any special use permit granted by the Plan and Zoning Commission.
Each license, whether an original or a renewal license, shall expire at the end of one year from the date of its issuance (which date of expiration shall be stated upon its face), unless sooner revoked or surrendered.
The licenses shall be issued on forms prescribed by the Director of Health. Licenses shall not be assignable nor shall they be transferable to a different location. If the licensee of any such facility desires to place in charge thereof a person other than the one specified in the license, application for permission to make such change shall be made to the Director of Health in the same manner as provided in the original application.
Each applicant for a license shall pay to the Director of Health a license fee of $70 upon the issuance of such license and like fee of $20 for each renewal thereof.
The Director of Health shall have the power and is authorized to promulgate such rules and regulations for the operation of the group-care facility which he or she finds necessary or proper to carry out the intent of this chapter.
It shall be the duty of the Director of Health to inspect the group-care facility for which licenses have been issued hereunder as often as it shall be necessary for the adequate control and supervision of the same, and the Director of Health shall have the right to enter all such homes at any reasonable time for the purpose of making necessary investigations and inspections and shall be charged with the responsibility of enforcing and administering the provisions of this chapter. Every such home shall at all reasonable times be open for inspection by the Fire Department and the Building Department of the Town, as well as the Health Department. Such inspections shall be conducted at least once annually.
In case of any failure by a licensee to comply with the requirements of this chapter or any rules or regulations promulgated pursuant hereto or of any fire or building regulations that pertain to said premises, the Director of Health shall notify the licensee to correct the noncompliance, breach or default within such number of days as is reasonable in the light of the conditions to be remedied. In the event of failure or upon refusal of the licensee to comply with the instructions of the Director of Health, the Director shall revoke the license; provided, however, that, upon a showing of hardship or other circumstances warranting such action, the Director of Health shall have the authority to grant an extension of time for compliance with the instructions. In addition thereto, the Director of Health may revoke a license for any of the additional following causes:
Every licensee hereunder must provide twenty-four-hour resident supervision and adequate help in sufficient numbers to conduct, operate and maintain the facility in a proper manner. Members of the staff shall be qualified by temperament, training and experience to perform their respective duties.
If the operation of such a facility requires a state license, the issuance of a state license shall be a prerequisite for application for a license under the provisions of this chapter.
Fire-fighting equipment shall be provided for every group-care facility in accordance with rules and regulations promulgated by the Chief of the Fire Department. It shall be unlawful for any person operating or conducting such a facility to permit a fire hazard to be in the building or on the premises of such building.