[HISTORY: Chapter 147 was established by Ord. No. 12-2015. Amendments noted where applicable.]
This chapter shall govern all places where public recreational bathing, as defined in and regulated by N.J.A.C. 8:26-1.1 et seq., is offered to the public. Under the authority of N.J.S.A. 26:1A-9 and 26:4A-7, the provisions of this chapter are enforceable by the New Jersey State Department of Health and Senior Services and the Wayne Township Health Department.
Any person desiring to construct, expand, alter, or operate a public recreational bathing place, as defined in and regulated by N.J.A.C. 8:26-1.1 et seq., shall apply in writing to the Health Department for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include the following information:
The applicant's legal name, home address and telephone number, full facility name, facility address, post office address, and telephone number. The application shall also include whether the applicant is an individual, partnership, firm or corporation. If the applicant is a partnership, the names and addresses of the partners shall be included on the application. If the applicant is a corporation, the names and addresses of all corporate officers shall be included on the application.
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1, the New Jersey State Sanitary Code, N.J.A.C. 8:24-1.1 et seq. (Sanitation in Retail Food Establishments), and N.J.A.C. 8:26-1.1 et seq., Public Recreational Bathing.
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.
No public recreational bathing place, as defined in and regulated by N.J.A.C. 8:26-1.1 et seq., shall be permitted to open for operation until the Health Department has given formal approval by issuance of an appropriate license. All licenses shall expire on May 15 of each year.
The license shall be displayed in a conspicuous place on the premises where it may readily be observed by the public.
No person shall operate a public recreational bathing place whose license has been suspended.
The Health Officer or his/her designee may suspend a license at any time when a public recreational bathing place is found to be in violation of N.J.A.C. 8:26-1.1 et seq. or other provisions of this chapter or a condition exists that is determined by the Health Officer or his/her designee to be detrimental to the life, safety or health of the public.
The Health Department shall inspect every public recreational bathing place as often as the Health Officer or his/her designee deems necessary.
A representative of the Health Department shall provide proper identification.
During all hours of operation, the operator or operator's representative shall permit access to all parts of the facility, and all pertinent records required for the inspection shall be made available to the Health Department representative for review.
An inspection report shall identify any violations of N.J.A.C. 8:26-1.1 et seq. or other provisions of this chapter and shall be cross-referenced to the section of the chapter being violated.
Results of the inspection shall be made available to the public upon request.
Should a facility be found to be in violation of N.J.A.C. 8:26-1.1 et seq. or other provisions of this chapter, or should a previously licensed facility fail the seasonal pre-operational inspection scheduled by the operator, a re-inspection fee, as set forth in Chapter 75, Fees, shall be required to be paid for every re-inspection performed until the violation(s) have been corrected within the time prescribed by the Health Department. The fee shall be paid to the Township within 10 days of the notification of the said re-inspection requirement.
All provisions of N.J.A.C. 8:26-1.1 et seq., as may be amended and supplemented, are hereby incorporated and adopted by reference as though they were set forth verbatim and at length herein.
Each violation of any provision of this chapter shall constitute a separate offense and shall upon conviction be punishable by a penalty of not less than $100 nor more than $1,000.