Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
[1972 Code § 21-1; Ord. No. 1299-94 § 2; Ord. No. 1594-99 § 1]
As used in this chapter:
APPROVED CHILD SWIMPANTS
Shall mean those designed to prevent and protect against feces from children who are not toilet trained from entering into swimming pool water. They must be effective for the job they were designed for, being of proper fit for the child wearing them, having tight-fitting waist and leg bands and being free of materials that swell, become water-soaked, or break apart. They may be disposable and may include disposable plastic diapers covered with waterproof rubber pants with tight fitting waist and leg bands.
SWIMMING POOL
Shall mean a receptacle for water, above or below grade, or an artificial pool of water having a depth of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings for recreational use, which receptacle is established or maintained on public or private property and is subject to licensing under Section 16-2 of this chapter. It shall also include all appurtenant equipment. Included within this definition are what is commonly known as a whirlpool, Jacuzzi, spa, hot tub, wading pool, or bathing beach. It shall include a wading pool designed for or used by children regardless of depth.
TOILET TRAINED CHILDREN
Shall mean all children at least three years of age who do not require diapers, training pants or pull up style diapers at any time and are able to effectively communicate their need to use the bathroom.
[1972 Code § 21-2]
It shall be unlawful for any person to establish, construct, maintain, use or permit to be used any swimming pool, except pools used for family purposes, without first having obtained a license in the manner provided in this chapter.
[1972 Code § 21-2.2; Ord. No. 1299-94 § 2]
Application for a license shall be made in writing to the Health Department. All licenses shall be for the term January 1 to December 31 and are renewable yearly.
[1972 Code § 21-3; Ord. No. 1299-94 § 3]
All applicants for a swimming pool license shall submit, at the time of initial application for a license, five copies of a plot plan drawn to scale. The plot plan shall clearly disclose the location of the swimming pool, as well as all structures and appurtenant facilities which the applicant proposes to erect or install. In addition thereto the plan shall disclose the location of parking facilities, fencing, landscaping, sanitary facilities and the like. There shall be a plan review fee of $150 for all new construction. If a renovation, the plan review fee shall be $50 These fees are in addition to any license fee required. The requirements of this section shall also be in addition to any approvals required by any other provisions of State law or Township Ordinances.
[1972 Code § 21-4; Ord. No. 250-73; Ord. No. 730-84; Ord. No. 1299-94 § 4]
Any person whose application for a swimming pool license is approved shall pay an annual license fee as follows:
a. 
Hotel or Motel: $400.
b. 
Country Club: $400.
c. 
Health or Swim Clubs: $500.
d. 
Public Whirlpool or Jacuzzi: $35 each.
e. 
Multiple Housing Dwellings of more than four units: $100.
f. 
Condominium or Cooperative Complex: $100.
[1972 Code § 21-5.1]
All private swimming pools now existing or hereafter constructed or installed shall be enclosed by a permanent fence of durable material which shall be no less than 4 1/2 feet in height, and any opening or mesh in any such fence shall not be greater than four inches in area. The fence shall be so constructed as to prevent any person from gaining access to the pool beneath or through the same height as the fence, constructed of the same material, with facilities for locking the gate when the pool is not in use or is unguarded or unattended.
[1972 Code § 21-5.2]
The swimming pool shall be enclosed with a permanent fence of durable material at least five feet above ground. The fence shall completely enclose the swimming pool and the entire ground area of the pool premises. The fence shall be provided with entrance gates which shall be kept securely locked at all hours when the swimming pool is not in operation. The pool area shall be provided with suitable landscaping and a lawn in order to prevent dust hazards, and shall provide adequate off-street parking on the premises.
[1972 Code § 21-6]
The swimming pool, and the facilities and the appurtenant uses of the swimming pool may remain open for use only from 9:00 a.m. to 9:00 p.m., except on Saturday of each week where the hours for closing shall extend to 1:00 a.m. on the Sunday following. Upon proper application made to the Township Clerk, the Township Council may, for any special purpose, extend the closing hours on any day, but not beyond 12:00 midnight. The foregoing regulations on closing and opening of any swimming pool or swimming pool facilities shall not apply to any activity that is conducted in a fully enclosed building or structure.
[1972 Code § 21-7; Ord. No. 771-85 § 1]
The licensee shall provide adequate trained personnel, certified by the American Red Cross, YMCA or other equivalent agency, and proper appliances for life saving and resuscitation at all times when the bathing establishment is open for use.
The licensee shall comply with N.J.S.A. Cum. Supp. 26:4A, and with all rules and regulations promulgated or to be promulgated by the State Board of Health, pursuant to that Statute. A standard first aid kit shall likewise be kept upon the premises.
[Ord. No. 1594-98 § 2]
Every swimming pool shall be so designed and constructed and shall be so maintained and operated as to be clean and sanitary at all times. The inlets for fresh or repurified water and the outlets shall be so located and spaced as to secure a maximum of dispersion of the inflowing water to the pool. There shall be dressing rooms so constructed as to facilitate thorough cleaning. There shall be adequate and proper toilet facilities to be conveniently located for use immediately before entering the pool. There shall be adequate shower bath facilities. Adequate machinery and methods for filtering, treating and purifying the water for safe swimming and bathing shall be provided.
[Ord. No. 1594-98 § 2]
All children three years of age and under and those over three years of age who are not toilet trained must wear approved child swimpants at all times when entering and remaining in a swimming pool. At swimming facilities providing two or more swimming pools, such children shall be restricted to using the pool designated by the swimming pool operator as a children's pool and may not use the pool designated for adults and older toilet trained children. Approved child swimpants which are disposable must be changed at least every three hours. For any child required to wear approved child swimpants, any disposable diapers worn by such child must be changed each time and immediately before he or she enters a swimming pool. The child's parent or the adult responsible for that child shall bring the child to the bathroom before permitting the child to enter the swimming pool and shall change the child's diapers and approved child swimwear as appropriate in the bathroom or away from the pool deck area and wash their hands immediately afterward.
[Ord. No. 1594-98 § 2]
In the event a fecal accident occurs, the swimming pool operator or its designated adult supervisor must immediately require all bathers to leave the affected swimming pool, contact the West Orange Health Department to report the incident, and strictly follow the remedial instructions of that Department.
[Ord. No. 1594-98 § 2]
Any licensee under this Chapter may adopt more stringent bather rules and policies than those set forth here or in State regulations in order to satisfy the individual needs of their community and facilities. Consistent with the statutes and regulations of the State of New Jersey, the local health authority may require a recreational bathing place to correct or eliminate any specific condition not described in this subsection, but which it deems necessary for proper sanitation, safety, or fire protection at a recreational bathing place.
[1972 Code § 21-9]
Not more than 15% of the samples of water taken from any swimming pool, tank or plunge, when more than 20 samples have been examined, and not more than three samples, when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive test (confirmed) for bacillus coli in any of five 10 cubic centimeter portions of water at times when the pool is in operation. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. No person showing evidence of sore or inflamed eyes, mouth, nose, or ear discharges, skin eruptions, open lesions or any evidence of a communicable disease shall be permitted to use the swimming pool unless the licensee shall procure from that person written evidence from a licensed physician evidencing that the foregoing are not communicable and that the use of the pool by a person with any of the foregoing physical conditions will not be detrimental to the health or welfare of other persons using the swimming pool. No intoxicated person shall be permitted to use a swimming pool.
[1972 Code § 21-10; Ord. No. 743-84 § 1]
Except in the case of hotels, county clubs or swim clubs, where the swimming pool is the primary or an accessory use, no public address or loudspeaker system shall be used at any time upon or near the premises of the swimming pool, except in an emergency or to summon a physician.
[1972 Code § 21-11]
All swimming pools, tanks or plunges shall be equipped with chlorinating equipment of acceptable capacity and design which will provide in the water at all times when the pool, tank or plunge is in use a residual of excess chlorine of not less than 0.6 parts per million or an excess residual of chloramine of not less than 1.0 parts per million. No swimming pool tank or plunge shall have when in use a residual of excess chlorine or chloramine in the water below the minimum above set forth. All swimming pool licenses and operators shall employ the services of a recognized testing laboratory to be approved by the Health Department. The testing laboratory shall take a weekly water sample according to the prescribed method using sanitary bottles impregnated with sodium thiosulphate. A duplicate copy of the testing laboratory's report shall be forthwith mailed or submitted to the Health Department.
[1972 Code § 21-12]
All licensees and pool operators shall keep a permanent log or record of chlorine residual readings and pH readings which shall be taken at least four times daily by the licensee. The first reading shall not be taken before 9:00 a.m. and shall be made available to the Health Department or to one of its authorized representatives.
[1972 Code § 21-13]
In the event that the use of a swimming pool, tank or plunge is abandoned, the licensee shall, within three months thereafter, cause any tank type pool or swimming pool to be filled with clean earth so that the premises will, as nearly as possible, be restored to its original condition, as vacant land. Failure to operate or use the swimming pool or plunge for a period of 18 months shall constitute an abandonment within the meaning of this section, unless the failure to operate or use results from action or permission by the Township Council.
[1972 Code § 21-14]
A license granted under this chapter may be suspended or revoked at any time upon recommendation of the Health Department or of the State Department of Health, provided that the licensee be given a three-day notice of the violation of this chapter. In the event that there is, within the period, failure to correct or abate the violation, the failure shall be cause for suspension or revocation. Where there is a violation of Section 16-11, an authorized representative of the health Department of the Township may suspend the use of this swimming pool tank or plunge until all of the conditions and provisions of Section 16-11 are met and complied with.