[Ord. No. BH1/4/06]
This chapter may be cited as the "Health Clubs Ordinance of
the Township of West Caldwell."
[Ord. No. BH1/4/06
As used in this chapter the following terms shall have the meanings
indicated:
Shall mean the Board of Health of the Township of West Caldwell.
Shall mean any premises, either open to the general public
or to members only, that provides exercise programs, exercise equipment,
swimming pools, saunas, etc., for the purpose of promoting physical
fitness.
Shall mean the Health Officer of the Township of West Caldwell,
as appointed by the Board, and his designated agents, officers and
inspectors.
Shall mean a certificate issued by the Health Officer to
a proprietor under the provisions hereof.
Shall mean any legal entity which owns a health club.
[Ord. No. BH1/4/06]
a.
No proprietor shall operate a health club in the Township of West
Caldwell unless such proprietor has registered the health club with
the Board and has received a license from the Health Officer.
b.
A person purchasing a health club after the effective date of this
chapter shall apply for a new license no later than 10 days prior
to commencing operation under new ownership. Operators of licensed
health clubs are required to notify the Board of Health of the impending
sale of the health club no later than 30 days prior to the sale.
[Ord. No. BH1/4/06
a.
No license shall be issued or renewed unless the following requirements
are met to the satisfaction of the Health Officer:
1.
The proprietor has made application thereof on forms approved by
the Board and has paid the required fee.
2.
The proprietor has submitted interior design and floor plans for
the health club, and such design and floor plans have been approved.
3.
The health club has been inspected and found to be in compliance
with the requirements of this Article.
4.
A telephone posted with the emergency number "911" and the Health
Officer's number is made easily accessible for both patrons and
employees for emergency use.
b.
No license shall be issued or renewed unless the health club meets
the following additional requirements:
1.
The health club shall be constructed so as to prevent the contamination
by dust and dirt from the street or sidewalk and other pedestrian
traffic.
2.
The building and equipment shall be maintained in a state of good
repair, neat, clean, sanitary and free from litter and rubbish.
3.
All walls, ceilings and floors shall be made of smooth, nonporous
materials, easily cleaned, free from dust and debris and of a permanent,
nonmovable nature.
4.
Adequate lighting and ventilation shall be provided.
5.
Equipment shall be made of material that is smooth, nonabsorbent,
corrosive-resistant and easily sanitized. Equipment shall be maintained
in good repair, and shall not constitute a potential injury hazard.
6.
Proper closed and locked cabinets for the exclusive storage of patron
belongings shall be provided. Such cabinets shall be maintained in
good repair.
7.
Adequate and sanitary toilet and hand-washing facilities shall be
available in the health club establishment for the use of patrons
and employees.
8.
The health club establishment shall have proper facilities for the
disposal of waste materials. These facilities shall not constitute
a nuisance.
[Ord. No. BH1/4/06
a.
At all times, the proprietor and all other employees of the health
club establishment shall comply with the provisions of this chapter
and with all other applicable ordinances and codes of the Township
of West Caldwell, and with all applicable laws, statutes and regulations
of the State of New Jersey and of the United States.
b.
At all times during normal business hours, all areas of the health
club shall be accessible for inspection by the Board, its members,
the Health Officer or his representatives.
c.
At all times, all areas of the health club shall be maintained in
a sanitary condition, and all equipment and materials shall be kept
neat, clean and orderly.
d.
When not in use, all equipment, accessories and other paraphernalia
shall be kept in an orderly fashion in designated areas.
e.
At all times, the floors, walls and ceilings of the health club shall
be kept neat, clean and free of debris. Prior to the opening of the
health club for business each day, floors and walls shall be swept,
vacuumed, wet mopped or wiped, and no sweeping, vacuuming or mopping
shall be done while any health club activity is in progress.
f.
All equipment in the health club shall be cleaned and sanitized daily.
g.
Showers, sinks and toilet facilities, where available, shall be cleaned
and sanitized daily or more frequently, if needed.
h.
All garbage receptacles shall be maintained in a clean condition,
and shall be emptied daily, or more frequently, if needed.
i.
Each room where exercise equipment is located shall be provided with
a disinfectant spray and disposable towels, as well as receptacles
for such towels. The proprietor shall post a sign at each of these
cleaning equipment locations, notifying patrons of its availability
and intended use.
j.
All towels and other linens provided to consumers shall be properly
laundered and sanitized in an approved manner between each use. Soiled
towels and linens shall be stored in a durable, washable and lidded
container until removal for laundering.
[Ord. No. BH1/4/06
Swimming pools and spas shall conform to municipal ordinances,
State statutes, and Chapter IX of the State Sanitary Code, entitled
"Public Recreational Bathing" (N.J.A.C. 8:26).
[Ord. No. BH1/4/06]
All sewage disposal shall be in accordance with the provisions
of the Standards for the Construction of Individual Subsurface Sewage
Disposal Systems (N.J.A.C. 7:9) and the New Jersey Water Pollution
Control Act Regulations (N.J.A.C. 7:14), promulgated by the Department
of Environmental Protection, and any other applicable rules and regulations.
[Ord. No. BH1/4/06
a.
Rules applicable to food service, milk and water supply include:
b.
Drinking fountains, if provided, shall be constructed of impervious
material and have an angle jet with a nozzle above the overflow rim
of the bowl. The nozzle shall be protected by a nonoxidizing guard.
The bowl shall be of easily cleanable design, without corners, and
the bowl shall be equipped with a strainer. Waste water from the bowl
shall be discharged to a suitable drain by means of a pipe with a
suitable air gap.
[Ord. No. BH1/4/06
Tanning facilities shall conform to the requirements of Section BH12-1 et al. and any other applicable municipal ordinances, state statutes and administrative codes.
[Ord. No. BH1/4/06
The application fee for a license, new or renewal, shall be
$150 each for a one-year period beginning January 1 and ending December
31. License application fees are nonrefundable. All licenses shall
expire on December 31 of the year of issue. All applications for the
renewal of licenses and the required fees must be received by the
Health Officer no later than December 31 of the year in which the
current license shall expire.
[Ord. No. //06]
The Health Officer shall provide the holder of the license with
written notice of any violation of the provisions of this chapter.
The notice shall specify the violations found, the required remedial
action, and a reasonable time period to correct or abate such violations.
If the violations are not corrected or abated within the time set
forth in the notice, the license may be suspended or revoked after
an opportunity has been afforded to the license holder for a hearing
before the Board pursuant to BH11-13.
[Ord. No. BH1/4/06
a.
No variation from any of the provisions of this chapter shall be
permitted except as elsewhere provided herein.
b.
Section BH11-4a2 shall not apply to those health clubs that were constructed prior to the effective date of this chapter. Any alterations of any health club shall be made in accordance with the applicable provisions of these rules, and at the discretion of the Health Officer, acting on behalf of the Board.
[Ord. No. BH1/4/06
Any person aggrieved by any administrative decision of the Health
Officer pursuant to this chapter, including the denial of a license,
the refusal to renew a license, or the suspension of a license, shall
have an absolute right to appeal such decision to the Board at its
next regularly scheduled meeting. For such appeal, the Health Officer
or his designee shall present evidence supporting the decision made
by the Health Officer, and the aggrieved party shall present evidence
opposing the decision of the Health Officer. After hearing all the
evidence presented to it, the Board, by a majority vote, shall then
affirm, reverse or modify the decision of the Health Officer. On all
appeals, the decision of the Board shall be final.
[Ord. No. BH1/4/06]
a.
Whenever additional inspections are necessitated by reason of classification
of a health club as unsatisfactory (beyond one initial inspection),
the license holder shall reimburse the Board for the cost of each
such inspection in the amount of the original license fee applicable
to the premises.
b.
For any violation of any provision of this chapter, the following
shall apply:
1.
For any violation of any provision of this chapter, the Health Officer
or his designee or any other law enforcement officer shall issue a
summons and complaint, in usual form, returnable in the Municipal
Court of the Township of West Caldwell or such other court as may
be permitted by law.
2.
Upon conviction, any person who violates any provision of this chapter
shall be subject to a fine of not less than $50 nor more than $1,000
for the first offense, and a fine of not less than $50 nor more than
$1,000 and imprisonment for 90 days for the second and subsequent
offenses, or the maximum penalties otherwise permitted by law.
3.
In addition to any other penalties imposed, upon conviction, any
person who violates any provision of this chapter may have its license
suspended.
c.
Each day (consisting of a twenty-four-hour period beginning at 12:01
a.m.) during which a continuing violation of this chapter subsists
shall constitute a separate violation and shall incur the penalties
set forth herein.