Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. BH1/4/06]
This chapter may be cited as the "Health Clubs Ordinance of the Township of West Caldwell."
[Ord. No. BH1/4/06
As used in this chapter the following terms shall have the meanings indicated:
BOARD
Shall mean the Board of Health of the Township of West Caldwell.
HEALTH CLUB
Shall mean any premises, either open to the general public or to members only, that provides exercise programs, exercise equipment, swimming pools, saunas, etc., for the purpose of promoting physical fitness.
HEALTH OFFICER
Shall mean the Health Officer of the Township of West Caldwell, as appointed by the Board, and his designated agents, officers and inspectors.
LICENSE
Shall mean a certificate issued by the Health Officer to a proprietor under the provisions hereof.
PROPRIETOR
Shall mean any legal entity which owns a health club.
[Ord. No. BH1/4/06]
a. 
No proprietor shall operate a health club in the Township of West Caldwell unless such proprietor has registered the health club with the Board and has received a license from the Health Officer.
b. 
A person purchasing a health club after the effective date of this chapter shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of licensed health clubs are required to notify the Board of Health of the impending sale of the health club no later than 30 days prior to the sale.
[Ord. No. BH1/4/06
a. 
No license shall be issued or renewed unless the following requirements are met to the satisfaction of the Health Officer:
1. 
The proprietor has made application thereof on forms approved by the Board and has paid the required fee.
2. 
The proprietor has submitted interior design and floor plans for the health club, and such design and floor plans have been approved.
3. 
The health club has been inspected and found to be in compliance with the requirements of this Article.
4. 
A telephone posted with the emergency number "911" and the Health Officer's number is made easily accessible for both patrons and employees for emergency use.
b. 
No license shall be issued or renewed unless the health club meets the following additional requirements:
1. 
The health club shall be constructed so as to prevent the contamination by dust and dirt from the street or sidewalk and other pedestrian traffic.
2. 
The building and equipment shall be maintained in a state of good repair, neat, clean, sanitary and free from litter and rubbish.
3. 
All walls, ceilings and floors shall be made of smooth, nonporous materials, easily cleaned, free from dust and debris and of a permanent, nonmovable nature.
4. 
Adequate lighting and ventilation shall be provided.
5. 
Equipment shall be made of material that is smooth, nonabsorbent, corrosive-resistant and easily sanitized. Equipment shall be maintained in good repair, and shall not constitute a potential injury hazard.
6. 
Proper closed and locked cabinets for the exclusive storage of patron belongings shall be provided. Such cabinets shall be maintained in good repair.
7. 
Adequate and sanitary toilet and hand-washing facilities shall be available in the health club establishment for the use of patrons and employees.
8. 
The health club establishment shall have proper facilities for the disposal of waste materials. These facilities shall not constitute a nuisance.
[Ord. No. BH1/4/06
a. 
At all times, the proprietor and all other employees of the health club establishment shall comply with the provisions of this chapter and with all other applicable ordinances and codes of the Township of West Caldwell, and with all applicable laws, statutes and regulations of the State of New Jersey and of the United States.
b. 
At all times during normal business hours, all areas of the health club shall be accessible for inspection by the Board, its members, the Health Officer or his representatives.
c. 
At all times, all areas of the health club shall be maintained in a sanitary condition, and all equipment and materials shall be kept neat, clean and orderly.
d. 
When not in use, all equipment, accessories and other paraphernalia shall be kept in an orderly fashion in designated areas.
e. 
At all times, the floors, walls and ceilings of the health club shall be kept neat, clean and free of debris. Prior to the opening of the health club for business each day, floors and walls shall be swept, vacuumed, wet mopped or wiped, and no sweeping, vacuuming or mopping shall be done while any health club activity is in progress.
f. 
All equipment in the health club shall be cleaned and sanitized daily.
g. 
Showers, sinks and toilet facilities, where available, shall be cleaned and sanitized daily or more frequently, if needed.
h. 
All garbage receptacles shall be maintained in a clean condition, and shall be emptied daily, or more frequently, if needed.
i. 
Each room where exercise equipment is located shall be provided with a disinfectant spray and disposable towels, as well as receptacles for such towels. The proprietor shall post a sign at each of these cleaning equipment locations, notifying patrons of its availability and intended use.
j. 
All towels and other linens provided to consumers shall be properly laundered and sanitized in an approved manner between each use. Soiled towels and linens shall be stored in a durable, washable and lidded container until removal for laundering.
[Ord. No. BH1/4/06
Swimming pools and spas shall conform to municipal ordinances, State statutes, and Chapter IX of the State Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 8:26).
[Ord. No. BH1/4/06]
All sewage disposal shall be in accordance with the provisions of the Standards for the Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9) and the New Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14), promulgated by the Department of Environmental Protection, and any other applicable rules and regulations.
[Ord. No. BH1/4/06
a. 
Rules applicable to food service, milk and water supply include:
1. 
All food service and milk supply shall comply with Chapter XII of the State Sanitary Code, (N.J.A.C. 8:21-2 and N.J.S.A. 26:1A-9).
2. 
The water supply shall comply with the provisions of the New Jersey Safe Drinking Water Act, (N.J.S.A. 58:12A-1 et seq.).
b. 
Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl shall be equipped with a strainer. Waste water from the bowl shall be discharged to a suitable drain by means of a pipe with a suitable air gap.
[Ord. No. BH1/4/06
Tanning facilities shall conform to the requirements of Section BH12-1 et al. and any other applicable municipal ordinances, state statutes and administrative codes.
[Ord. No. BH1/4/06
The application fee for a license, new or renewal, shall be $150 each for a one-year period beginning January 1 and ending December 31. License application fees are nonrefundable. All licenses shall expire on December 31 of the year of issue. All applications for the renewal of licenses and the required fees must be received by the Health Officer no later than December 31 of the year in which the current license shall expire.
[Ord. No. //06]
The Health Officer shall provide the holder of the license with written notice of any violation of the provisions of this chapter. The notice shall specify the violations found, the required remedial action, and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked after an opportunity has been afforded to the license holder for a hearing before the Board pursuant to BH11-13.
[Ord. No. BH1/4/06
a. 
No variation from any of the provisions of this chapter shall be permitted except as elsewhere provided herein.
b. 
Section BH11-4a2 shall not apply to those health clubs that were constructed prior to the effective date of this chapter. Any alterations of any health club shall be made in accordance with the applicable provisions of these rules, and at the discretion of the Health Officer, acting on behalf of the Board.
[Ord. No. BH1/4/06
Any person aggrieved by any administrative decision of the Health Officer pursuant to this chapter, including the denial of a license, the refusal to renew a license, or the suspension of a license, shall have an absolute right to appeal such decision to the Board at its next regularly scheduled meeting. For such appeal, the Health Officer or his designee shall present evidence supporting the decision made by the Health Officer, and the aggrieved party shall present evidence opposing the decision of the Health Officer. After hearing all the evidence presented to it, the Board, by a majority vote, shall then affirm, reverse or modify the decision of the Health Officer. On all appeals, the decision of the Board shall be final.
[Ord. No. BH1/4/06]
a. 
Whenever additional inspections are necessitated by reason of classification of a health club as unsatisfactory (beyond one initial inspection), the license holder shall reimburse the Board for the cost of each such inspection in the amount of the original license fee applicable to the premises.
b. 
For any violation of any provision of this chapter, the following shall apply:
1. 
For any violation of any provision of this chapter, the Health Officer or his designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Township of West Caldwell or such other court as may be permitted by law.
2. 
Upon conviction, any person who violates any provision of this chapter shall be subject to a fine of not less than $50 nor more than $1,000 for the first offense, and a fine of not less than $50 nor more than $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.
3. 
In addition to any other penalties imposed, upon conviction, any person who violates any provision of this chapter may have its license suspended.
c. 
Each day (consisting of a twenty-four-hour period beginning at 12:01 a.m.) during which a continuing violation of this chapter subsists shall constitute a separate violation and shall incur the penalties set forth herein.