[HISTORY: Adopted by the Board of Health of the Township of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
A code regulating the construction, use, operation and maintenance of swimming pools, other than natural or artificially constructed outdoor ponds, rivers or lakes, and also other than swimming or wading pools established or maintained upon premises by any individual for his own or his family's use or the guests of his household, is hereby adopted and established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code is hereto annexed and hereof made a part without the inclusion of the text thereof herein.
Editor's Note: A copy of said code is on file in the Township offices.
The said code established and adopted by this chapter is described and commonly known as the" Swimming Pool Code of New Jersey, 1970."
Three copies of the said code have been placed and shall continue to be on file in the office of the Secretary of the Delran Township Board of Health.
It shall be unlawful for any person, firm or corporation to construct, use, operate or maintain any swimming pool, as the same is defined in the said code, other than in conformance with the provisions of the said code and with this chapter. Each day upon which such person, firm or corporation shall do any act which is herein prohibited or omit to do any act which is herein required shall constitute a new violation.
Permit to locate, construct or alter. Any person, firm or corporation who desires to locate, construct or alter any swimming pool shall, prior to doing so, obtain a permit in accordance with the provisions and conditions contained in the said code and shall pay, by cash or certified check, at the time of application for the permit, the sum of $50. The said permit shall expire upon completion and approval of the location, construction or alteration, or shall expire at the first anniversary date of its issuance, whichever is earlier.
Permits to operate. Any person, firm or corporation who desires to operate any swimming pool, whether or not constructed prior or subsequent to the effective date of this chapter, shall apply for a permit to do so and shall pay an annual fee, which shall be in cash or certified check, at the time of application for the issuance of the permit, in the sum of $20. Each such permit shall expire on the 30th day of June annually.
Any permit issued under the terms and provisions of this chapter or the said code may be suspended or revoked by the Board of Health for violation. By a hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the permit held by the permittee.
If any such permit shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another permit to carry on the same business within this Township unless the application for the permit shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
The provisions of this chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase thereof shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases hereof but they shall remain in effect; it being the legislative intent that this chapter shall stand, notwithstanding the invalidity of any part.
All ordinances or parts of ordinances in conflict or inconsistent with this chapter are repealed.
Jurisdiction to hear complaints of a violation of this chapter and to impose penalties hereafter prescribed shall be vested in the Municipal Court of the Township of Delran.
Upon notice to him that any person, firm or corporation shall have violated the provisions of this chapter, or of the code hereby adopted, the Health Officer may, by complaint filed in the Delran Township Municipal Court, institute proceedings in the name of the Board of Health and the Township of Delran for the enforcement hereof and the imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of a violation of the provisions of this chapter upon complaint made pursuant to the provisions of the foregoing section shall, for each violation, be penalized not less than $2 and not more than $100 per day per violation, which penalty shall be paid to the Court and delivered to the Treasurer of the Township of Delran.
Unless stated otherwise herein, this chapter shall become effective upon its adoption and publication as provided as law.