[HISTORY: Adopted by the Board of Health of the Borough of
Edgewater 10-14-1968 by Ord. No. 16; amended in its entirety 2-24-2003 by Ord. No.
2003-1 (Ch. 298 of the 1975 Code). Subsequent amendments
noted where applicable.]
The provisions of N.J.S.A. 8:26-1.1 et seq. (Public Recreational
Bathing) are enforceable in the Borough of Edgewater.[2]
No person shall locate and construct, alter or operate a swimming
pool, hot tub and spa until licenses therefor shall have been issued
by the Board of Health.
The fee and charges are:
Licenses issued for the operation of a swimming pool, hot tub
and/or spa shall expire on May 31 of each year, and an application
for renewal thereof shall be submitted, together with the required
fee, at least one month prior to the date the license is to become
effective.
Licenses required by this chapter and the state standards adopted
hereby may be denied or suspended by the Board of Health for failure
to comply with this chapter and the state standards adopted hereby.
The Board of Health shall afford the person whose license or permit
to locate and construct, alter or operate has been denied or suspended
an opportunity to be heard at a public hearing and, following this,
to be informed of the Board's decision as provided by N.J.S.A.
8:26-1.1 et seq., Public Recreational Bathing.
A.Â
Notwithstanding the other provisions of this Code, whenever the Health
Officer finds unsanitary or other conditions in the operation of a
swimming pool, hot tub and/or spa which, in the judgment of the Health
Officer, constitute a substantial hazard to the public health, the
Health Officer may, without warning, notice or hearing, issue a written
notice to the license holder or operator citing such condition, specifying
the corrective action to be taken, and specifying a time period within
which such action shall be taken.
B.Â
If the hazard to public health is determined to be grave and immediate,
such order shall state that the license is immediately suspended,
and all swimming pool, hot tub and/or spa operations are to be immediately
discontinued. Any person to whom such an order is issued shall comply
immediately therewith but, upon written petition to the Health Office,
shall be afforded a hearing pursuant to this Code.
[Amended 11-27-2006 by Ord. No. 2006-2[1]]
All swimming pools shall be subject to at least one full and complete inspection during each licensing year thereof, and additional inspections may be without advance notice to the licensee to determine continued compliance with the provisions of this Code. The licensees and operators of all such swimming pools shall cooperate fully in such periodic inspections. In the event the operator of a swimming pool fails to comply with this requirement after reasonable notice, the license may be suspended without further notice. In the event that a swimming pool does not receive a satisfactory determination upon such periodic inspection, the inspector shall return to the swimming pool within a reasonable period of time for a first reinspection to determine whether compliance has been accomplished. The fee for such reinspection shall be as set forth in § 479-3. In the event that, upon such first reinspection, it is determined that compliance has still not been met, the licensee must show cause upon an informal hearing of the Board of Health as to why such compliance was not met and as to why the establishment should not receive a second reinspection; the fee for such second reinspection, should same be required, shall be as set forth in § 479-3. If, upon the second reinspection, it is again determined that compliance has not been met, the licensee shall show cause upon an informal hearing before the Board of Health as to why the license should not be revoked. In the event that it is determined that compliance has not been met, a licensee shall be deemed in violation of the provisions of this chapter and shall be punishable as set forth in Chapter 450, Article II, General Penalty.
