[Added 11-1-2007 by Ord. No. 2007-5;
amended 11-13-2008 by Ord. No. 2008-02]
The Board of Health of the Borough of East Rutherford,
Bergen County, New Jersey (hereinafter referred to as "Board") is
aware that although public recreational bathing facilities are regulated
by the State of New Jersey under N.J.A.C. 8:26-1 et seq., under the
authority granted by N.J.S.A. 26:1A-7 and N.J.S.A. 26:4A-7, the state
has granted enforcement authority to local departments of health.
The Board has determined that there are currently no ordinances in
effect in the Borough of East Rutherford (hereinafter referred to
as "Borough") to require licensing for public recreational bathing
facilities and establishing fees for licenses for such facilities.
It is the intention of the Board to require a license to be issued
by the Borough for all owners, operators and their agents of all public
recreational bathing places located within the Borough, to establish
fees for the licensing of such places and to establish penalties for
violations of the article.
As used in this article, the following terms
shall have the meanings indicated:
Any pool having a maximum depth of 48 inches used in conjunction
with high-velocity water recirculation systems. Mineral or nonmineral
water is used and is not emptied after each use. Water temperature
is hot, cold, or ambient.
Any bathing beach, hot tub or spa, swimming pool, and wading
pool that is not private and includes state, county, and municipal
facilities.
A watertight structure of concrete, masonry, or other approved
materials, located either indoors or outdoors, used for bathing or
swimming and filled with a filtered and disinfected water supply,
together with buildings, appurtenances, and equipment used in connection
therewith. A swimming pool shall mean a conventional pool, spa-type
pool, wading pool, special-purpose pool, or water recreation attraction,
to which admission may be gained with or without payment of a fee,
and includes, but is not limited to, pools operated by or serving
campgrounds, clubs, churches, cities, common-interest communities,
counties, day-care centers, group home facilities for six or more
clients, health spas, institutions, parks, private lake, river, or
bay or private community lake, river or bay associations, state, county
and municipal agencies, retirement communities, schools, specially
exempt facilities, subdivisions, or the cooperative-living-type projects
of three or more living units, such as apartments, boarding homes,
condominiums, hotels, mobile home parks, motels, recreational vehicle
parks, townhouses, trailer parks, and youth camps.
The Sanitary Code of the Borough of East Rutherford
is hereby amended to include the following:
A.
The Board of Health of the Borough of East Rutherford
acknowledges the authority of the State of Jersey to set reasonable
sanitary and safety regulations for public recreational bathing places
and hereby ratifies and adopts all regulations enacted by the State
of New Jersey as set forth in N.J.A.C. 8:26-1 et seq., including the
definitions contained therein.
B.
All public recreational bathing places located within
the Borough shall require a written license for operation issued by
the Borough, which license shall be valid for a period of one year
from the date of issuance.
C.
All swimming pools, hot tubs or spas located on school
property are exempt from fees but are still required to be licensed
and inspected.
D.
Wherever in the judgment of the Health Officer there
is a serious risk of immediate danger to the safety and/or health
of the public, the place shall be directed to terminate operation
until such time as the deficiency is corrected to the satisfaction
of the Health Officer.
E.
Beginning on January 1, 2009, all newly operational
public recreational bathing places located within the Borough shall
make application for licensing of said place within 30 days. However,
said application will not be accepted unless accompanied by a certificate
of occupancy or Building Department approval from the Borough's Zoning
Officer or a resolution of approval from the Planning Board or Zoning
Board of Adjustment of the Borough of East Rutherford for the operation
of the public recreational bathing place.
G.
Any person
or entity which violates any provision of this article or who fails
to promptly comply with a lawful order or directive of the health
officer, shall be subject to a penalty of not less than $50 nor more
than $1,000. The local health officer, county health officer and East
Rutherford Police Department shall have the authority to issue summonses
for violations of any provision of this article, said summonses to
be returnable in the Municipal Court of the Borough of East Rutherford.
Each violation of any provision of this article shall constitute a
separate offense and each day a particular violation continues shall
constitute a separate offense.
