[HISTORY: Adopted by the Town Council of the Town of West Hartford as indicated in article histories. Amendments noted where applicable.]
It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the Town, except in compliance with all the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
- SWIMMING POOL
- A receptacle for water or an artificial pool of water, whether above or below grade, having a depth at any point of more than two feet and a water surface area of more than 75 square feet intended for the purpose of immersion or partial immersion therein of human beings and including all appurtenant equipment.
No portion of a swimming pool outside of a building shall be located at a distance less than 10 feet from any side or rear property line or building line. Pumps, filters and pool-water disinfection equipment installations shall be located at a distance not less than 10 feet from any side or rear property line or building line.
It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any permanent private residential swimming pool and appurtenances within the Town unless permits therefor shall have first been obtained from the Building Inspector.
All drawings and plans for the construction, installation, enlargement or alteration of any swimming pool and appurtenances for which a permit is required by § 159-4 shall first be presented to the Building Inspector for examination and approval as to proper location and construction.
All plans and drawings shall be drawn to a scale of not less than 1/8 of an inch to the foot, on paper or cloth, in ink or by some process that will not fade or obliterate. All distances and dimensions shall be accurately figured and drawings made explicit and complete, showing the lot line and including information pertaining to such swimming pool, fence construction, water supply system, drainage and water disposal systems and all appurtenances pertaining thereto. Detailed plans and vertical elevations shall also be provided in accordance with applicable building codes.
All swimming pools for which a permit is required by § 159-4 shall be of the recirculation type, in which circulation of the water is maintained through the pool by pumps, the water drawn from the pool being clarified and disinfected before being returned to the pool. Means shall be provided for cleaning the surface of the pool without draining once every 48 hours.
An escape ladder shall be used in every pool over two feet in height or depth.
The structure, wiring, lighting and piping of all swimming pools and equipment shall be in conformity with all ordinances and codes of the Town.
All permanent outdoor swimming pools, temporary pools of less than four feet in height and temporary pools of more than four feet in height with climbable walls shall be completely enclosed by a fence or its equivalent at least four feet in height and of sufficient density to prevent unauthorized or inadvertent access to the pool area. All openings, barriers or points of entry into the swimming pool area shall be equipped with gates with self-closing or self-latching devices placed at the top of the gate. This section shall not otherwise be applicable to temporary pools of more than four feet in height with nonclimbable walls, except that the means of ingress and egress thereto must be removed or guarded by gates with self-closing or self-latching devices at the top thereof when not in use.
If any pool, as of May 10, 1966, does not comply with this section, compliance with the height requirement of this section for a fence or its equivalent is not necessary if the barrier surrounding the pool as of said date is more than two feet in height.
For purposes of this article, the following terms shall have the meanings set forth herein:
- ON-SITE POOL SUPERVISOR
- An individual who is at least 18 years of age and who has been designated by the owner to be responsible for the operation and maintenance of a public pool, the keeping of records, engaging in the activities and complying with the regulations pertaining to bathers in accordance with § 19-13-B33b of the Regulations of the Connecticut State Agencies and this article.
- Any person or legal entity which:
- PUBLIC POOL
- An artificial basin constructed of concrete, steel, fiberglass or other relatively impervious material intended for recreational bathing, swimming, diving, or therapeutic purposes as further defined in Regulations of Connecticut State Agencies, § 19-13-B33b, as that section may be amended or recodified from time to time.
No public pool shall be operated within the Town of West Hartford unless the owner thereof has a valid license pursuant to this article.
Each public pool shall have a separate license.
Each such license shall be renewed annually.
Licenses are not transferable between owners or between public pools.
Application for the license required pursuant to this article shall be made to the West Hartford-Bloomfield Health District upon forms provided by it.
License applications for new public pools shall be made at least 14 days prior to the scheduled opening date and shall be renewed annually at least 14 days before the expiration of the preceding permit.
Licenses for seasonal outdoor pools shall be renewed at least 14 days prior to the scheduled opening of the seasonal outdoor pool or pool area.
The Director of Health shall deny an application for a license for failure to demonstrate compliance with the provisions of the Connecticut General Statutes pertaining to health and sanitation; Regulations of Connecticut State Agencies, § 19-13-B33b, as that section may be amended or recodified from time to time; this article; the rules and regulations adopted by the West Hartford-Bloomfield Health District Board of Directors in furtherance of this article; or any other applicable provision of law.
The West Hartford-Bloomfield Health District Board of Directors shall establish a schedule of fees for the issuance of licenses and the conduct of inspections required by this article. Said schedule may establish reduced fees for Public Pools at which the on-site pool supervisor is a certified pool operator accredited by the National Swimming Pool Foundation or an equivalent accrediting agency.
Each public pool shall be inspected prior to approval of the initial license and prior to its renewal each year thereafter. Seasonal outdoor public pools shall be inspected each year prior to the scheduled opening of the seasonal outdoor pool or pool area.
The West Hartford-Bloomfield Health District is authorized to conduct inspections of all public pools as may be necessary during the year to ensure ongoing compliance with all provisions of this article and any other applicable provisions of law, and shall have the right to enter the premises of any public pool at any reasonable time during operating hours to inspect the public pool and related facilities.
In the event that inspection of a public pool demonstrates any violation(s) of this article or any other applicable provision of law, the Director of Health shall issue a notice of violation to the owner setting forth the nature of the violation(s) and a date, not later than 14 days following the inspection date, by which said violation is to be remedied. A duplicate of the notice of violation shall be provided to the on-site pool supervisor.
Reinspection of a public pool shall be required to confirm the correction of any violation(s) of this article or any other applicable provision of law. The West Hartford-Bloomfield Health District shall conduct one reinspection at no additional cost to the owner. Such reinspection shall occur at the request of the owner, but no later than 14 days following the original inspection. Should it become necessary to conduct additional inspections because violations have not been corrected as ordered or to conduct an inspection because the owner has not requested reinspection within 14 days, a reinspection fee for each such inspection will be charged to the owner.
Unless a twenty-four-hour emergency contact number for the on-site pool supervisor is made available to the West Hartford-Bloomfield Health District, an on-site pool supervisor shall be on the premises at all times the pool is open to the public.
The on-site pool supervisor shall be responsible for operating and maintaining the pool in accordance with the provisions of the Connecticut General Statutes pertaining to health and sanitation; Regulations of Connecticut State Agencies § 19-13-B33b; this article; and the rules and regulations adopted by the West Hartford-Bloomfield Health District.
Public pools shall be operated in accord with the requirements of this article and Section 19-13-B33b of the Regulations of the Connecticut State Agencies at all times.
At no time shall any public pool create a public nuisance, a safety hazard, or a mosquito breeding place.
The pool deck, premises, and abutting areas shall be free of litter and articles unnecessary to the operation of the pool.
Bathrooms, locker rooms, shower stalls, and any other area necessary for the use of the pool shall be maintained in a clean and sanitary manner.
Fines. Each violation of the provisions of this article which is not remedied by the date set forth in the notice of violation shall be punishable by a fine of $200. Each calendar day thereafter during which such a violation continues shall be deemed to constitute a separate violation.
In addition to the notice of violation described in § 159-15 or the fines set forth in Subsection A of this section, the Director of Health may order the immediate closure of a public pool or the immediate suspension/revocation of any license when:
No valid license is in effect for operation of a public pool;
There is credible evidence to believe that a communicable disease is being transmitted through the use of the public pool;
The public pool is being operated in such a manner that it constitutes a public nuisance or significant health risk; or
An imminent safety hazard or hazards exist as a result of a violation of the provisions of the Connecticut General Statutes pertaining to health and sanitation; Regulations of Connecticut State Agencies, § 19-13-B33b, as that section may be amended or recodified from time to time; this article; the rules and regulations adopted by the West Hartford-Bloomfield Health District Board of Directors in furtherance of this article; or any other applicable provision of law.
Violation of an order issued pursuant to this section shall be punishable by a fine of $250. Each calendar day thereafter during which such a violation continues shall be deemed to constitute a separate violation.
The owner may appeal a written notice of violation, denial of a license or license suspension/revocation order to the Director of Health. The appeal shall be made in writing and shall be received by the Director of Health within 48 hours after receipt of the order. The Director of Health shall review the case and may vacate, modify, or affirm such notice or order. If aggrieved by the decision of the Director of Health, the owner may, within 48 hours after the making of such decision, appeal to the Commissioner of Public Health, who may vacate, modify, or affirm the same.