House Bill No. 5154
               House Bill No. 5154

              PUBLIC ACT NO. 97-278


AN ACT CONCERNING SWIMMING POOL REGULATIONS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  19a-36  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  The  Commissioner  of Public Health shall
establish a Public Health Code and, from  time  to
time,  amend  the same. The Public Health Code may
provide for the preservation  and  improvement  of
the  public health. Drainage and toilet systems to
be installed in any house or building arranged  or
designed for human habitation, or field sanitation
provided for  agricultural  workers  or  migratory
farm    laborers,   shall   conform   to   minimum
requirements prescribed in said  code.  Said  code
may  include  regulations  requiring  toilets  and
handwashing facilities in large stores, as defined
in  such  regulations,  in shopping centers and in
places dispensing food or drink for consumption on
the  premises,  for  the  use  of  patrons of such
establishments, except that the provisions of such
regulations shall not apply to such establishments
constructed  or  altered  pursuant  to  plans  and
specifications approved or building permits issued
prior to October 1, 1977. The provisions  of  such
regulations shall not prohibit the sale of food at
a noncommercial function such as  an  educational,
religious,  political or charitable organization's
bake sale or pot luck supper provided  the  seller
maintains  such  food  under  the  temperature, pH
level and water activity  level  conditions  which
will  inhibit  the rapid and progressive growth of
infectious or toxigenic  microorganisms.  For  the
purposes   of   this   section,  a  "noncommercial
function" means a function where food is sold by a
person  not  regularly  engaged in the business of
selling such food. Each regulation adopted by  the
Commissioner of Public Health shall state the date
on which it shall take effect, and a copy thereof,
signed by the Commissioner of Public Health, shall
be filed in the office of  the  Secretary  of  the
State and a copy sent by said commissioner to each
director of health, and such regulation  shall  be
published  in  such  manner as the Commissioner of
Public  Health  may  determine.  Any  person   who
violates  any  provision of the Public Health Code
shall be fined not more than one  hundred  dollars
or imprisoned not more than three months or both.
    (b)  Notwithstanding  any  regulations  to the
contrary, the Commissioner of Public Health  shall
charge   the  following  fees  for  the  following
services: (1) Review  of  plans  for  each  public
swimming  pool, six hundred dollars; (2) review of
each resubmitted plan  for  each  public  swimming
pool,  two hundred dollars; (3) inspection of each
public swimming pool,  one  hundred  dollars;  (4)
reinspection   of   each   public  swimming  pool,
seventy-five dollars; (5)  review  of  each  small
flow  plan  for  subsurface  sewage  disposal, one
hundred dollars; and (6) review of each large flow
plan  for subsurface sewage disposal, five hundred
dollars.
    (c)  NOTWITHSTANDING  SUBSECTION  (a)  OF THIS
SECTION,  REGULATIONS  GOVERNING  THE  SAFETY   OF
SWIMMING  POOLS  SHALL  NOT  REQUIRE FENCES AROUND
NATURALLY FORMED PONDS SUBSEQUENTLY  CONVERTED  TO
SWIMMING  POOL  USE,  PROVIDED THE CONVERTED PONDS
(1) RETAIN SLOPING SIDES COMMON TO  NATURAL  PONDS
AND (2) ARE ON PROPERTY SURROUNDED BY A FENCE.

Approved June 26, 1997