[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:
BOARD
Shall mean the Board of Health of the Township of West Caldwell.
HEALTH CLUB
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.
HEALTH OFFICER
Shall mean the Health Officer of the Township of West Caldwell,
as appointed by the Board, and his designated agents, officers and
inspectors.
LICENSE
Shall mean a certificate issued by the Health Officer to
a proprietor under the provisions hereof.
PROPRIETOR
Shall mean any legal entity which owns a health club.
[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
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
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.