[HISTORY: Adopted by the Township Council of the Township of West Milford as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 19-2 of the 1976 Revised General Ordinances]
Pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6, the Swimming Pool Code of New Jersey (1970) is hereby adopted by the Township. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this article is described and commonly known as the "Swimming Pool Code of New Jersey (1970)."
[Amended 3-17-1982 by Ord. No. 1982-7; 4-16-1986 by Ord. No. 1986-6]
Permit fees shall be as follows:
A. 
The annual permit fee to be paid by the applicant for each public swimming pool is included in Chapter 135, Fees and Costs.
[Amended 9-21-2005 by Ord. No. 2005-14[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, the applicant shall pay for all water sampling charges required.
C. 
The permit fee is for the purpose of regulation and shall be for a term commencing on July 1 of each year and expiring on June 30 of the year following.
D. 
Public swimming pool facilities that are owned and operated by a public governmental entity will be exempt from paying the annual permit fee.
[Added 6-17-1987 by Ord. No. 1987-17]
[Adopted as Sec. 19-10 of the 1976 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The officer of the Township or his authorized representative assigned to enforce this article.
PUBLIC BATHING PLACE
All places wherein and whereat a charge or fee is paid by the patron or patrons for entrance, and for use of facilities, which shall include bathing or swimming at lakes or other bodies of fresh water.
From and after March 21, 1961, it shall be unlawful for any person to engage in the business of operating a public bathing place, as herein defined, within the limits of the Township without first having obtained a permit to do so and without first complying with the standards and regulations herein stated.
The administrative officer shall administer and enforce the provisions of this article.
Applications for the permit required by this article shall be made to the administrative officer upon forms provided by him. They shall be signed by the applicant, if an individual; and by a duly authorized agent, if a partnership or corporation. Such application shall set forth the following information:
A. 
The applicant's full name, residence and post office address, and whether such applicant is an individual, firm or corporation; if a partnership, the names of the partners, together with their addresses, shall be included; if a corporation, the name, date of incorporation and the state under the laws of which such corporation was organized; if a foreign corporation, whether authorized to do business in the State of New Jersey, the names of the principal officer, directors and local representatives, their residences and business addresses.
B. 
The location of the public bathing place, and the name under which the business or place is known.
C. 
Such other information as the Department of Health may determine and require in order to show compliance with the standards herein stated.
A. 
Before any applicant shall be entitled to a permit:
(1) 
The Building Inspector and Zoning Officer of the Township shall certify whether or not the location of the public bathing place complies with Chapter 500, Zoning, of the Township Code.
(2) 
The administrative officer shall make or have made an inspection of the public bathing place, in order to determine compliance with the provisions of this article and the standards herein stated.
B. 
If, after the aforesaid certifications have been made, the administrative officer shall be reasonably satisfied that the statements set forth in the application are correct and that the applicant is in compliance with the provisions not only of this article, but also with all applicable ordinances of the Township.
[Amended 3-17-1982 by Ord. No. 1982-7; 7-2-1986 by Ord. No. 1986-15; 9-19-2001 by Ord. No. 2001-28]
Permit fees shall be as follows:
A. 
The annual permit fee to be paid by the applicant for each public bathing place is included in Chapter 135, Fees and Costs.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition, the applicant shall pay for all water sampling charges required.
C. 
The permit fee is for the purpose of regulation and shall be for a term commencing on January 1 of each year and expiring on December 31 of the year.
The administrative officer may inspect all public bathing places. The administrative officer, after proper identification, shall be permitted to enter at any reasonable time, upon any private or public property within the Township, where a public bathing place is operated, for the purpose of determining compliance with the provisions of this article. The owner or operator of such public bathing place shall make provisions for the administrative officer to have access, either in company with an employee or otherwise, to make the inspections.
In addition to such other requirements as may be reasonably imposed by the New Jersey State Department of Health and Senior Services through rules and regulations promulgated, the administrative officer shall not issue a permit for any public bathing place, unless the following standards are observed, and unless the public bathing place is in conformity with the following requirements:
A. 
Bacteriological.
(1) 
Collection of samples.
(a) 
Location. Samples of lake bathing waters shall be taken at the inlet(s) and bathing areas. Samples shall also be obtained at outlets when sufficient discharge is occurring. Additional samples shall also be obtained at any critical points subject to known or possible pollution from developments, individual dwelling, streams or other sources.
(b) 
Frequency. Sufficient samples should be taken at weekly intervals. However, the time between sampling shall not exceed two weeks.
(c) 
Sampling period. A program of sampling shall be instituted at least one week before Decoration Day and shall continue in a manner as prescribed herein until the end of the bathing season.
(d) 
Time of sampling. Whenever possible, samples shall be obtained during, or soon after, peak bathing load periods.
(e) 
Field data. Physical conditions noted at the time of sampling shall be recorded on a suitable form, including sample number, name of collector, source, location, time of sampling, water and air temperature, wind direction and velocity, bathing load, and the possible effect of recent rainfall on bacteriological quality.
(f) 
Method of sampling. Samples shall be obtained at depths representative of the body of water in use for bathing. Method of sampling shall be in accordance with procedures as found in "Standard Methods for the Examination of Water and Sewage," current edition.
(g) 
Sampling personnel. Samples shall be taken by the local health officer or by persons authorized by or under the supervision of the laboratories responsible for the analyses.
(2) 
Bacteriological examinations.
(a) 
Laboratories. Bacteriological analyses of bathing lake water shall be made by laboratories acceptable to the New Jersey State Department of Health and Senior Services. In addition, all laboratories doing such analyses shall be thoroughly familiar with all requirements contained herein.
(b) 
Method of analysis. Bacteriological analysis of bathing lake waters determining the presence and density of organisms of the coliform group shall either conform to the method prescribed in "Standard Methods for the Examination of Water and Sewage," current edition, or other methods acceptable to the Department.
(c) 
Number of portions and dilutions. Although the number of portions and dilutions used will depend on the expected character of the water, it is recommended that two portions at the following dilutions be used: 10, 1.0, 0.1, and 0.01 ml.
(d) 
Method of reporting. The number of positive findings shall be reported in terms of most probable number per 100 ml. (MPN per 100 ml.)
(e) 
Total bacteria determination. As an aid to interpretation of the results, agar plate counts shall be made in accordance with "Standard Methods," one ml. shall be planted on at least two plates and the resultant counts averaged arithmetically.
(3) 
Bacterial limits. When the arithmetic average coliform MPN of a set of samples taken at any particular time exceeds 2,400 per 100 ml., another set of samples shall be taken as soon as possible from the same locations. If the arithmetic average of this set of samples still remains above 2,400 per 100 ml., a sanitary survey shall be instituted by the local health officer or laboratory responsible for the analysis, provided the local health officer will accept the inspection findings of such laboratories.
(4) 
Chemical analysis. pH values of every sample obtained shall be determined as an aid to interpretation of bacteriological results.
(5) 
Physical analysis. Determination of turbidity, color and odor should also be made as an aid to the interpretation of quality of bathing lake waters. Such determinations shall be in accordance with "Standard Methods."
B. 
Sanitation.
(1) 
Bathhouses and dressing rooms.
(a) 
Dressing rooms. Where dressing rooms or bathhouses are made available to the bathing public and when used simultaneously by both sexes, such structures shall consist of two sections, entirely separated by partitions. Line of sight shall be broken at entrances and exits of dressing rooms.
(b) 
Floors. Floors of all dressing and locker rooms shall be constructed of smooth, finished material impervious to moisture. Floors shall have sufficient pitch or be constructed so as to permit proper drainage after washing down. Walk areas used by patrons shall be nonslip construction.
(c) 
Walls and partitions. Walls and partitions of all dressing rooms and bathhouses shall be of smooth, impervious material. If walls of wood or other similar material are used, all cracks and joints shall be filled and the surface kept finished with paint, creosote or other sanitary waterproof coating. Partitions between dressing rooms should terminate a sufficient distance above the floor to permit flushing of the entire floor area.
(d) 
Furniture and lockers. All furniture used in dressing rooms shall be of simple character and easily cleaned. Lockers, where provided, shall be properly ventilated and be of verminproof construction with tight joints.
(e) 
Cleaning and disinfection. All dressing rooms, bathhouses and appurtenances shall be kept clean and orderly at all times. A suitable disinfectant shall be used at daily intervals on floors, walls, seats and other interior portions of dressing rooms and bathhouses. Foot baths are not required.
(2) 
Toilets, lavatories and showers.
(a) 
Number. An adequate number of conveniently located and properly designated toilets shall be provided for each sex. Readily accessible washing facilities should be provided.
(b) 
Type. Flush-type toilets should be used, provided wastewaters can be disposed of properly. If soil, groundwater conditions, location or space limitation do not permit the use of flush-type toilets, properly constructed and located privies or chemical toilets may be used, subject, however, to local ordinances.
(c) 
Material. Floors, walls and fixtures shall be constructed of durable easily cleaned material.
(d) 
Maintenance. All toilets, lavatories and showers shall be cleaned and disinfected daily and kept in good repair. Toilets shall be kept supplied with a sufficient amount of toilet tissue. Lavatories shall be supplied with soap and suitable receptacles for disposal of paper towels. Common towels shall not be permitted.
(3) 
Water supply.
(a) 
Type. Whenever possible, a water supply should be obtained from an approved municipal system. Where private wells are used, such wells shall be located and constructed so as to prevent surface or subsurface contamination.
(b) 
Quality. Any water used or available for use for drinking or culinary purposes or for the cleaning of utensils used in preparing or serving food or drink for public consumption shall be of a quality safe for such use and shall meet the standards of quality fixed by the New Jersey State Department of Health and Senior Services.
(4) 
Sewage disposal.
(a) 
Toilet waste. Any toilet or receptacle for human excrement shall be constructed and maintained so that flies cannot gain access to the excremental matter contained therein, and excremental matter shall at all times be prevented from flowing over or upon the surface of the ground and shall be prevented from gaining access to any of the waters of this state.
(b) 
Other wastewaters. No dish water, shower water, drainage for plumbing fixtures or other foul or putrescible waste liquids shall be permitted to accumulate on the surface of the ground or be disposed of in a manner that will pollute any water supply or create a nuisance.
(5) 
Food handling.
(a) 
Protection. Food offered for sale or intended for public consumption shall be protected from flies, dust and dirt.
(b) 
Cleanliness. Where food or drink is offered for sale or public consumption, adequate washing facilities for thoroughly cleaning utensils used in preparing or serving the same shall be provided, and such utensils and counters, table tops shelves, boxes, refrigerators, and other receptacles on or upon which food or drink is stored, prepared, handled, displayed or served shall be kept clean.
(6) 
Garbage disposal. Garbage cans shall be emptied daily and kept clean.
(7) 
Rodent control. All areas so far as may be practicable shall be kept free from rats, mice, roaches and other vermin.
(8) 
Weed control. Noxious weeds such as ragweed, poison ivy, poison sumac, etc., should be properly controlled in those areas open to the public.
C. 
Safety.
(1) 
Lifeguards.
(a) 
Number. There shall be at least one competent lifeguard (as hereafter defined) on duty at all times when the area is open for bathing and stationed at least every 500 feet of visible bathing area shoreline.
(b) 
Competence. A "competent lifeguard" shall be defined as a person holding a valid Senior Red Cross certificate or equivalent. Additional lifeguards, if required, shall be considered competent if so judged by the senior lifeguard in charge. All persons acting as lifeguards shall be capable swimmers proficient in lifesaving and artificial respiration procedures.
(c) 
Identification. All lifeguards on duty shall be identified by distinguishing apparel, emblems or signs.
(2) 
Emergency equipment.
(a) 
First aid.
[1] 
Properly stored and maintained first aid equipment shall contain, as a minimum, the following items:
[a] 
Aromatic ammonia.
[b] 
Tincture of iodine or equivalent.
[c] 
Individually compressed sterile gauze.
[d] 
Absorbent cotton.
[e] 
Adhesive tape.
[f] 
Bandages of various widths.
[g] 
Rubbing alcohol.
[h] 
Woolen blankets (two or more).
[i] 
Stretcher or equivalent.
[2] 
There shall also be at least one person available at all times when the bathing area is open for the public who is capable of administering first aid.
(b) 
Fire extinguishers. Fire extinguishers, meeting the requirements of the Fire Underwriters Association, shall be placed at suitable locations and serviced at regular intervals.
(c) 
Life rings. There shall be available a sufficient number of life rings at least 14 inches in diameter with 50 to 75 feet of three-quarter-inch manila line firmly attached to each ring. Life rings shall be placed at every 150 feet of bathing beach shoreline over three feet in depth. Such rings shall be property stored and readily accessible.
(d) 
Life boats. Where bathing is permitted a distance greater than 100 feet from the bathing shoreline, floats or towers, there shall be provided at least one stable, flat bottom, square stern boat, 12 feet or more in length and equipped with oars and oar locks, one pole and one ring. Such boats shall be located so as to be immediately available and shall be used for their intended purposes only. If because of the shape or nature of a bathing area, adequate coverage can be effected by tower(s) or raft(s) or similar devices for lifeguards, they may be considered satisfactory in lieu of boat(s).
(e) 
Markers. Safety regulations pertaining to swimming and boating shall be conspicuously posted at each waterfront. At every bathing beach where safe limits are required, such limits shall be marked by buoys, poles or other markers located not over 100 feet apart and of a type visible to bathers from a distance of at least 100 feet, and there shall be provided suitable signs on the beach describing such markers and stating that they indicate the limits of safe bathing.
(3) 
Diving towers, spring boards and floats.
(a) 
Diving towers. Diving towers, when provided, shall be rigidly constructed and properly anchored at the bottom with sufficient bracing to insure stability under the heaviest possible load.
(b) 
Floats. Fixed platforms and floats in the water shall be constructed with a one-foot air space so as to be visible. There shall be as little underwater construction as is consistent with strength, and all braces and struts shall be designed to prevent entanglement or trapping of bathers beneath the platform.
(c) 
Head room. At least 13 feet free and unobstructed head room shall be provided above diving boards and towers.
(d) 
Height and water depth. No diving board or platform available for use by the general public shall be more than 10 feet above water level. The minimum water depth below any diving board or platform shall be 10 feet.
(e) 
Covering. Spring boards, diving platforms and floats shall be covered with cocoa matting, carpeting, or other nonslip material wherever necessary. The use of canvas for such purpose is not recommended.
(4) 
Night bathing. Where night bathing is allowed, adequate lighting shall be provided so that lifeguards can observe all parts of the bathing area and appurtenances without being blinded by glare.
A. 
The permit provided for in this article shall not be transferable.
B. 
The person to whom a permit is granted pursuant to this article shall cooperate at all times with the administrative officer, and other officers of the Township when requested to do so, in order to make available to them information or knowledge which will enable them or any of them to safeguard the health, welfare, morale and safety of the residents of the Township, as the same may be affected in anyway by the operation of a public bathing place. If the permittee shall refuse to render such information, the permit issued to such person may be revoked. However, before a permit may be revoked for a cause, a hearing shall be held by the Department of Health officer to determine if the permittee has been guilty of such charge.
Any permit issued for a public bathing place may be revoked for cause, after a summary hearing, before the Department of Health. A printed or written notice, setting forth the charges, and the time and place of hearing shall be served upon the person to whom the permit was issued by leaving such notice at the place where the operator conducts his business, at least five days prior to the date of the hearing. The administrative officer, pending the hearing, may suspend such license before such hearing if in his judgment the protection of the public health and welfare demands. In such event, it shall be unlawful for the operator or person to whom the permit has been granted to engage in the business for which he has received the permit.
This article is for the purpose of regulation and shall in no way affect any of the fees as now provided for or to be hereafter provided for in any other ordinance of the Township, but shall be in addition thereto.