[HISTORY: Adopted by the Board of Health of the Township
of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
A code regulating the construction, use, operation and maintenance
of swimming pools, other than natural or artificially constructed
outdoor ponds, rivers or lakes, and also other than swimming or wading
pools established or maintained upon premises by any individual for
his own or his family's use or the guests of his household, is
hereby adopted and established pursuant to N.J.S.A. 26:3-69.1 et seq.
A copy of said code is hereto annexed and hereof made a part without
the inclusion of the text thereof herein.[1]
[1]
Editor's Note: A copy of said code is on file in the Township
offices.
The said code established and adopted by this chapter is described
and commonly known as the" Swimming Pool Code of New Jersey, 1970."
Three copies of the said code have been placed and shall continue
to be on file in the office of the Secretary of the Delran Township
Board of Health.
It shall be unlawful for any person, firm or corporation to
construct, use, operate or maintain any swimming pool, as the same
is defined in the said code, other than in conformance with the provisions
of the said code and with this chapter. Each day upon which such person,
firm or corporation shall do any act which is herein prohibited or
omit to do any act which is herein required shall constitute a new
violation.
A.Â
Permit to locate, construct or alter. Any person, firm or corporation
who desires to locate, construct or alter any swimming pool shall,
prior to doing so, obtain a permit in accordance with the provisions
and conditions contained in the said code and shall pay, by cash or
certified check, at the time of application for the permit, the sum
of $50. The said permit shall expire upon completion and approval
of the location, construction or alteration, or shall expire at the
first anniversary date of its issuance, whichever is earlier.
B.Â
Permits to operate. Any person, firm or corporation who desires to
operate any swimming pool, whether or not constructed prior or subsequent
to the effective date of this chapter, shall apply for a permit to
do so and shall pay an annual fee, which shall be in cash or certified
check, at the time of application for the issuance of the permit,
in the sum of $20. Each such permit shall expire on the 30th day of
June annually.
A.Â
Any permit issued under the terms and provisions of this chapter
or the said code may be suspended or revoked by the Board of Health
for violation. By a hearing before the Board of Health, the person
aggrieved shall have an opportunity to answer and may thereafter be
heard and, upon due consideration and deliberation by the Board of
Health, the complaint may be dismissed, or if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the permit held by the permittee.
B.Â
If any such permit shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another permit to carry on the same business within this Township
unless the application for the permit shall be approved by the Board
of Health.
No provision of this chapter shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or phrase thereof
shall, for any reason, be held to be invalid or unconstitutional,
such decisions shall not affect the validity of the remaining sections,
subsections, sentences, clauses and phrases hereof but they shall
remain in effect; it being the legislative intent that this chapter
shall stand, notwithstanding the invalidity of any part.
All ordinances or parts of ordinances in conflict or inconsistent
with this chapter are repealed.
Jurisdiction to hear complaints of a violation of this chapter
and to impose penalties hereafter prescribed shall be vested in the
Municipal Court of the Township of Delran.
Upon notice to him that any person, firm or corporation shall
have violated the provisions of this chapter, or of the code hereby
adopted, the Health Officer may, by complaint filed in the Delran
Township Municipal Court, institute proceedings in the name of the
Board of Health and the Township of Delran for the enforcement hereof
and the imposition of penalties hereinafter prescribed.
Any person, firm or corporation having been found guilty of
a violation of the provisions of this chapter upon complaint made
pursuant to the provisions of the foregoing section shall, for each
violation, be penalized not less than $2 and not more than $100 per
day per violation, which penalty shall be paid to the Court and delivered
to the Treasurer of the Township of Delran.
Unless stated otherwise herein, this chapter shall become effective
upon its adoption and publication as provided as law.
