HomeMy WebLinkAbout2005 Apr 12 - Letter Re: Pool Doors'YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
Telephone (508) 398-2231, Ext. 241 — Fax (508) 760-3472
B O A R D O F HEALTH
April 12, 2005
Tom Moore, General Manager
Red Jacket Beach LP.
One Shore Road
South Yarmouth, MA 02664
Dear Mr. Moore,
This letter is in 'response to my conversation with you regarding the Red Jacket Resort's indoor pool doors being
made self -latching. Currently all entrances, doors and gates have latches 48 inches from the ground, are self -closing,
but not self -latching. The State Code for public and semi-public swimming pools is 105 CMR 435.000 "Minimum
Sanitation for Swimming Pools (State Sanitary Code, Chapter Vy". Under the heading "Bathhouse and Sanitary
Facilities" section 435.03(12)(c) states:
"... All gates and doors in the pool enclosure shall be self -closing and self -latching with latches'placed at
least four feet above the ground."
I discussed by telephone with you on April 7, 2005 that the inside pool doors' were not self -latching; they need to be
to meet current State Sanitary Code (see above). You were concerned that in doing so you would not be in
compliance with the State and Local Building Codes. I stated that I would discuss any "conflict of code" with Bruce
Murphy the Health Director and James Brandolini the Building Commissioner.
Mr. Murphy's opinion is that State Code 105 CMR 435.000 is the regulatory guideline in this case. Mr. Brandolini's
opinion is that when two codes seem to be conflicting, the code that enforces public safety (105 CMR 435.000) is
the code that should be enforced.
a You are therefore required to maintain the inside pool doors' handles, on both sides, 48 inches from the floor,
maintain the doors as self -closing and make the doors self -latching within two weeks. A follow up inspection will be
performed by me on April 26fl', 2005 or earlier if all work is completed to ensure proper compliance.
If you have any questions regarding this matter, please do not hesitate to call. The office hours are Monday to
Friday, 8:30 a.m. to 4:30 p.m. My telephone number is (508) 398-2231, ext. 242.
Sincerely,
41 �z —
David D. Flaherty Jr., R.S.
Health Inspector
Town of Yarmouth
cc: James Brandolini, Building Commissioner
Andrew Arnault, Building Inspector
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