HomeMy WebLinkAbout2004 Jan 09 - Letter to Bayside Resort Re: Pool Door Handle o�'Y`�R
o� -- . `�� TOWN OF YARMOUTH
� 1146 ROUTE 28 SO11T14 YARM01.17'H � MASSACHUSETTS 026G4-4451
�MATIACNE 5
*t,�„i,a�'��d' Telephone(508) 398-Z231, Eact. 241 — Fax(SOS) 398-2365
B O A R D O F H E A L T H
January 9,2004
Rod Srocaenskic/o
Beyside Re.aort Hatel
225 Route 28
West Yazmou[h,MA 02673
Dear Mr. Sroczenski,
This letter is in response to my conversation with Bayside Resort's CertiSed Pool Op�ataa (CPO) 7ames 1'kacik
regarding your indoor pool door handle. 'Ihe State Code for public and semi-public swimming pools is 105 CMR
435.000 "Mmimmn Sanitatia� for Swimming Pools (State Sanitary Code, Chapter �". Und� the heading
- `Bathhouse and Sanitary Facilities"section 435.03(12xc)states: ._
... All gates and doors 6� the pool endosure shall be seif-closing and seif-latching with latches placed at
least four feet above the ground"
I noted on March 13, 20(13's swimming pool inspection that the inside pool door's handle was not 48 inches from
the floor and n�ded to be raised to mee[curr�tt State Code. The response I received from Bayside ResorYs pool
employee Paul Treible was that ihe ownership of the Bayside Resort was concerned with nM being in compliance
with die "American's with Disabili6es AcP' (ADA). I followed up with a discussion of this situation with the
Bayside Resort's CPO Mr. Tkacik. I stated that I wauld discuss this "conflid of cade" with Bruce Mwphy the
Health D'vector and James Brandolini ihe Building Commissioner.
Mr. M�mphy's opinion is that State Code ]OS CMR 435.000 is the regulatwy guideline and supercedes the ADA in
this case. Mr. Brandolini's opinion is ihat whai two codes seem to be conflicting, the cade that mforces public
saf�y(]OS CMR 435.000)is the code that should be enforced.
You are therefare required to reset the inside paol do�'s handle,on bah sides,48 i�ches&�the florn withm two
weeks. A follow up inspection will be performed by me on January 26, 2004 or earli�if all work is comple[ed to
easwe proper compliance.
If you have any questions regardiag this matter, please do not hesitate to call. The office hours are Monday to
Friday, 830 a.m.to 4:30 p.m.My telephone number is(508)398-2231,e�ct 242.
Sincaely,
,��',� ��
_ _ _ _ � _ ____ _ _ _ . _ _ _ _ __
David D.Flaherty Jr.,R.S.
Health Inspector
Town of Yarmouth
cc: James Brandolini,Build'mg Commissioner
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