As used in this article, the following terms
shall have the meanings indicated:
A certificate issued upon successful visual inspection of
the electrical equipment and wiring by an electrical subcode official/inspector
to ensure that the installation is safe and meets applicable requirements
of the most-current version of the adopted electrical subcode and
receipt of a copy of the valid bonding and grounding certificate.
[Ref. N.J.A.C. 5:23-2.18c and 2.20(d)]
[Added 2-21-2006 by Ord. No. 3-06; amended 12-17-2015 by Ord. No. 15-23]
Includes any single tank, plunge or other artificial or natural
body of water, wading pool, hot tub (Jacuzzi) and spa or adjacent
multiples thereof on the same licensed premises, located indoors or
outdoors, used or intended to be used for public, semipublic or recreational
swimming, operated and maintained by any person or common interest
community whether as owner, lessee, operator, licensee or concessionaire,
whether or not any charge or fee is imposed, and shall include all
structures, appurtenances, equipment, appliances and other facilities
appurtenant to and intended for use in the operation and maintenance
of a swimming pool. This article shall not be construed to apply to
swimming pools which are private bathing places as defined in N.J.A.C.
8:26-1.3.
[Amended 8-19-1997 by Ord. No. 11-97]
No person shall maintain or operate a swimming pool within the Borough without first having obtained a license for such purpose from the Mayor and Council of the Borough. (See § 216-10.)
A.
The Mayor and Council shall grant a license by resolution
to any person to operate a swimming pool for a term not exceeding
one year from the date of such license.
B.
A license shall not be granted until there shall first
be presented and filed in writing an application therefor. Such application
shall contain the following information:
(1)
The location of the swimming pool(s) and hours of
operation.
(2)
The size of the swimming pool(s).
(3)
The source of the water supply.
(4)
A description of provisions available for purification
of water.
(5)
The number of lifeguards to be present and lifesaving
facilities available, if required by N.J.A.C. 8:16, Public Recreational
Bathing.
(6)
The charge to be made for use of the swimming pool(s).
(7)
A diagram of the location of the premises showing
distances from the nearest buildings and streets.
(8)
A description of parking lots available for off-street
parking, showing the number of cars that can be accommodated.
(9)
A description of the other activities to be carried
on on the property surrounding the swimming pool(s).
(10)
The name of the owner of the premises.
(11)
The name of the operator of the swimming pool(s).
(13)
The date of incorporation and whether a profit or
nonprofit corporation.
C.
All swimming pool, spa and hot tub license applications
must be completed, have a Health Department inspection, verification
of compliance with the Building Department requirements (see N.J.A.C.
5:23-2.18c and 2.20(d), current and valid annual electrical certificate
of compliance, and be received by the Building Department by May 1
of the licensing year.
[Added 2-21-2006 by Ord. No. 3-06]
[Amended 2-21-2006 by Ord. No. 3-06; 12-5-2007 by Ord. No.
BH 05-07]
A.
Upon the filing of a written application for a license
under this article, the applicant shall tender the annual basic pool
license fee, which shall be $500 per year, plus $100 for each additional
pool, spa or hot tub per year. No license will be granted by the Mayor
and Council for part of the year.
B.
Any application that is not complete, does not meet
the Building Department and the Health Department requirements or
is not received by May 1 of the licensing year will be subject to
a late fee equal to the license fee.
C.
Upon authorization by the Mayor and Council, the Clerk
shall issue a license for the swimming pool(s) which shall be subject
to the terms and conditions of this article.
D.
No other activity shall be carried on except as described
in the application or expressly permitted by the Mayor and Council.
The annual license fee(s) shall include the registered health environment
specialist (RHES) inspections.
E.
The fee does not cover the required bonding and grounding
certification, which must be performed by a licensed electrical contractor
or testing facility. The bonding and grounding certification may be
valid for up to five years.
F.
The fee for plan review of a pool shall be $300. Pool
alteration and renovation plan review fees shall be $150.
G.
The fee for plan review of a hot tub and/or spa shall
be $200. Hot tub and/or spa alteration and renovation plan review
fee shall be $100.
Any license or special permit granted pursuant
to this article may be revoked, without refund of fees, by the Borough
Council for failure to comply with this article or whenever, in the
determination of the Borough Council, further operation under such
license or permit creates or will create a menace to the health, safety
or welfare of the users of the swimming pool, the residents of the
Borough or others.
All activities on the premises on which a swimming
pool is situated shall be conducted so that they do not cause noise
or other nuisance so unusual or loud that such noise or nuisance shall
annoy, disturb, injure or endanger the comfort, repose, health, peace
or safety of others.
A.
No manual, mechanical or electrical means of amplifying
sound shall be used upon the licensed premises, except for intermittent
announcements or instructions made or given only for the safety of
persons during the permitted swimming hours.
B.
No hawking, peddling, soliciting or canvassing shall
be permitted on the licensed premises.
C.
No swimming shall be permitted after sunset or before
10:00 a.m. on weekdays or 12:00 noon on Sundays. A swimming pool shall
be cleared of all persons and all gates to it locked between the hours
of 10:00 p.m. and 10:00 a.m. (outdoor pools).
A.
All swimming pools licensed under this article shall
be equipped with chlorinating equipment of acceptable capacity and
design which will provide in the water at all times when the pool
is in use a residual of excess chlorine of not less than 1.0 part
per million or more than 3.0 parts per million indoor and 4.0 parts
per million outdoor. No pool shall have, when in use, a residual of
excess chlorine or chloramine in the water above the maximum or below
the minimum above set forth. (See New Jersey State Recreation Bathing
Code, N.J.A.C. 8:26-7.9)
B.
All swimming pools shall be properly equipped with
filtering or clarifying devices in satisfactory operating condition
so that the water of such pools shall be continuously and regularly
filtered and clarified and kept at all times in a sanitary and safe
condition for bathing purposes.
C.
All swimming pools will have microbiological water
quality standards in accordance with the New Jersey Recreational Bathing
Code, N.J.A.C. 8:26-7.6.
D.
Locker rooms, shower rooms, toilets, runways and all
other physical facilities or equipment incident to the operation of
the swimming pool shall be kept in a safe and sanitary condition at
all times.
E.
Whenever any swimming pool, by reason of mechanical
defects, lack of proper supervision or failure to comply with the
requirements of this article, is a hazard to public health or safety,
the Swimming Pool Inspector is authorized to order such pool immediately
closed until no further hazard exists.
A.
A bacteriological analysis of the water in swimming
pools shall be made at least once a week by the pool owner, during
the swimming season, and more often at the discretion of the Swimming
Pool Inspector, by an independent laboratory approved by the Board
of Health. A written report of each analysis shall be submitted to
the Swimming Pool Inspector.
B.
The chief lifeguard or pool manager shall make or
cause to be made a pH and chlorine residue reading hourly on each
day the pool is used for swimming and shall keep an accurate log of
such readings for each entire swimming season. The first reading for
each day shall be made before the pool is opened for use.
All swimming pools, wading pools, hot tubs and
spas shall be operated in compliance with the provisions of N.J.A.C.
8:26, Public Recreational Bathing, and the provisions of this chapter.
No swimming pool shall be erected, conducted
or maintained within 500 feet of any residence. The Municipal Pool
is exempt from this requirement.
Off-street parking shall be provided to accommodate
all automobiles of the persons using the pool. No parking shall be
permitted on the streets adjoining or adjacent to the swimming pool.
All swimming pools shall be surrounded by chain
link fence, at least six feet in height. Fencing as aforesaid of the
entire premises on which a swimming pool is situate shall be deemed
to comply with this provision.
Special permission may be granted by the Borough
Council for the premises on which a swimming pool is situated, other
than the pool itself, to remain open other than permitted hours, for
a specific purpose on a specific date if such permission is applied
for at least 60 days in advance, in writing, with the reason for the
request given in detail. Permission may be denied if, in the judgment
of the Borough Council, such denial will promote the health, welfare
or safety of the residents of the Borough.
A.
When a violation of this Article has been determined
by the persons responsible for enforcement of the same, on the grounds
of failure of compliance with its terms, a notice shall be sent by
certified mail to the licensee at the address of the licensed premises
requiring compliance within five days. Notice shall set forth the
requirements for compliance, and a copy of such shall be filed with
the Borough Clerk.
B.
Failure of the licensee to respond to the notice within
the five-day period shall constitute grounds for revocation of the
license. Upon revocation of the license, the Police Department shall
post a sign in public view declaring the premises closed for failure
to comply with this article.
C.
When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the Chief of Police or Swimming Pool Inspector shall have the authority to summarily order the cessation of business and close the premises or suspend or revoke the license. A sign shall be posted on the licensed premises as set forth in Subsection B of this section.
D.
Upon written request by the licensee, his agent or employee, before expiration of the five-day notice or within 10 days of action taken pursuant to Subsection C above, the Mayor shall order a hearing before the Borough Council. Notice of such hearing shall be given to the licensee.
E.
Upon termination of the hearing, the Borough Council
shall render its decision by resolution and may suspend or revoke
the license or take such other action as shall be in the interest
of the public's health, welfare and safety.
F.
No revocation or suspension of the license shall bar
or prevent criminal prosecution for each and every violation of this
article. No fee paid under this article shall be returnable in whole
or part as the result of any suspension or revocation.
The provisions of this article shall be enforced
by a Swimming Pool Inspector and/or Health Officer to be appointed
by the Mayor with the advice and consent of the Council and by the
Police Department of the Borough.
