[Added 10-13-1998 by Ord. No. 1-98]
This article shall be known as the "Health Club
Ordinance of 1998."
As used in this article, the following terms
shall have the meanings indicated:
The Board of Health of the Borough of Rockaway.
An establishment which devotes or will devote 40% or more
of its square footage to providing services or facilities for the
preservation, maintenance or encouragement or development of physical
fitness or physical well-being. The term includes an establishment
designated as "reducing salon," "health spa," "spa," "exercise gym,"
"health studio," "health club" or by other terms of similar import.
The Health Officer of the Borough of Rockaway, as appointed
by the Board, and this designated agents, officers and inspectors.
A certificate issued by the Health Officer to a proprietor
under the provisions hereof.
Any legal entity having an ownership or equity interest in
a health club, including any individual, partnership, firm or corporation
and, if a corporation, the stockholders thereof.
A.
No proprietor shall operate a health club establishment
in the Borough of Rockaway unless such proprietor has registered such
health club establishment with the Board and has received a from the
Health Officer.
B.
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 therefor 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 establishment, and such design and floor
plans have been approved.
(3)
The health club establishment 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.
C.
No license shall be issued or renewed unless the health
club establishment meets with the following requirements:
(1)
The health club establishment 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 which 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.
D.
Section 261-84 inclusive, relating to requirements for license issuance, shall not apply to those health clubs that were constructed and operating prior to the effective date of this article. Any alteration of such health clubs shall be made in accordance with the applicable provisions of these rules.
A.
At all times, the proprietor and all other employees
of the health spa establishment shall comply with the provisions of
this article and with all other applicable ordinances and codes of
the Borough of Rockaway 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 establishment shall be accessible for inspection
by the Board, its members, the Health Officer or its 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.
At all times, 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 establishment shall be kept neat, clean and free of debris.
Such floors, walls and ceilings shall be swept, vacuumed and or wet
mopped at least daily, prior to the establishment opening for business,
and no sweeping, vacuuming or mopping shall be done while any health
club activity is in progress.
F.
All equipment in the health club establishment shall
be cleaned 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 health club proprietor shall post
a sign at each of these cleaning equipment locations, notifying patrons
of its availability and intended use.
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).
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.
A.
Rules concerning 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 comers,
and the bowl opening shall be equipped with a strainer. Wastewater
from the bowl shall be discharged to a suitable drain by means of
a pipe with a suitable air gap.
[Amended 12-11-2014 by Ord. No. 18-14]
The application fee for a license, new or renewal, shall be as specified in § 261-63 each for a one-year period beginning January 1 and ending December 31. License application fees are nonrefundable. All licenses issued during the course of the year shall expire on December 31 of the year of issue. All applications for the renewal of licenses and the fees therefor must be received by the Health Officer no later than December 1 of the year in which the current license shall expire.
For any violation of this article, the Health
Officer shall provide the holder of the license with written notice
of the violation. The notice shall specify the violation(s) found,
what must be done to correct same and a reasonable period of time
to correct or abate such violation(s). The notice shall also specify
a date not to exceed 14 days from the date of the notice wherein a
hearing before the Health Officer shall be had, if deemed necessary
by the Health Officer. During such hearing, the holder of the license
shall provide the Health Officer with proof that the violation(s)
has (have) been abated and the reasons why such license should not
be suspended, and, in the absence thereof, the Health Officer shall
summarily suspend the license, which suspension shall take effect
immediately and shall remain in effect until same shall have been
reviewed by the Board at its next regularly scheduled meeting.
A.
No variation from any of the provisions of this article
shall be permitted except as elsewhere provided herein.
B.
Section 261-84B(2), inclusive, relating to submission of design and floor plans, shall not apply to those health club establishments that were constructed prior to the effective date of this article. Any alterations of any health club establishment 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.
Any proprietor or operator aggrieved by any
decision of the Health Officer, including the denial of a license,
the refusal to renew a license and 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, that evidence supporting the decision
made by the Health Officer, and the aggrieved party shall present
that evidence which supports a contrary decision. 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.
A.
For any violation of any provision of this article,
the following shall apply:
(1)
For any violation of any provision of this article,
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 Borough of Rockaway or such other court
as may be permitted by law.
(2)
Upon conviction, any person who violates any provision
of this article shall be subject to a fine of not less than $500 nor
more than $1,000 for the first offense and a fine of $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 article may have their
license suspended.
B.
For any continuing violation of any of the provisions
of this article, each day (consisting of a twenty-four-hour period
beginning at 12:01 a.m.) shall constitute a separate violation and
shall incur the penalties set forth herein.
A.
Should any section, subsection, sentence, clause,
phrase or word of this article be subject to judicial interpretation,
the same shall be interpreted in accordance with the intent of the
Board in passing this article, and such interpretation shall be made
in such a manner so as to impose the maximum requirements permitted
by law or otherwise.
B.
All ordinances of the Borough of Rockaway which are
inconsistent with the provisions of this article are hereby repealed
to the extent of such inconsistency.
C.
This article shall take effect immediately upon passage
and publication as required by law.
