[1972 Code § 21-1; Ord. No. 1299-94 § 2; Ord. No. 1594-99 § 1]
As used in this chapter:
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.
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.
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:
[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.
