A code regulating and controlling the location and construction,
alteration and operation of public recreational bathing places and
the issuance of permits to locate and construct, alter or operate
public recreational bathing places and declaring and defining certain
public recreational bathing places as nuisances and fixing penalties
for violations is hereby adopted pursuant to Chapter 188 of the Laws
of New Jersey of 1950 (N.J.S.A. 26:3-69.1 to 69.2).
The said code established and adopted by this chapter is described
and commonly known as the "New Jersey State Sanitary Code, Chapter
IX, Public Recreational Bathing, N.J.A.C. 8:26" (the "State Code"),
approved by the New Jersey Department of Health, a copy of which said
code is annexed hereto and made a part hereof. All terms used in this
Chapter shall have the definitions set forth in the State Code.
Three copies of said New Jersey State Sanitary Code, Chapter
IX, Public Recreational Bathing, N.J.A.C. 8:26, have been placed on
file in the office of the Township Clerk of the Township of Montclair
and in the office of the Health Officer of the Township of Montclair
upon the introduction of this chapter and will remain on file in said
offices for use and examination by the public.
No person shall locate, construct or alter a public recreational
bathing place pool until a permit therefor shall have been issued
by the Building Department, and approval of the health authority has
been obtained. No person shall operate a swimming pool until a permit
therefore shall have been issued by the Health Officer pursuant to
the State Code, N.J.A.C. 8:26 — 2.6.
The following fees and charges herewith are established:
A. For issuance or renewal of a permit to operate a swimming pool: $200.
Permits required by this chapter or code may be denied or suspended
by the Health Officer for failure to comply with any of the provisions
of this chapter or of the code or any other applicable laws, ordinances
or regulations. The Health Officer shall afford the person an opportunity
to be heard and shall inform said person of his decision as provided
by Section 2.4 of the State Code.