As used in this article, the following terms shall have the meanings indicated:
ANNUAL ELECTRICAL CERTIFICATE OF COMPLIANCE
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]
SWIMMING POOL
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).
(12) 
If either Subsection B(10) or (11) of this section is a corporation, the names and addresses of the officers, directors and trustees, if any, and the name and address of the statutory agent and office.
(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.
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.