[Second Reprint]
ASSEMBLY, No. 1429
STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by:
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblywoman NELLIE POU
District 35 (Bergen and Passaic)
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Requires certain pools, spas and hot tubs comply with certain barrier requirements.
CURRENT VERSION OF TEXT
As amended by the General Assembly on March 8, 2007.
An Act concerning the installation of pool barriers and supplementing 2[P.L.1975, c. 119 (C.52:27D-119 et seq.)] Title 40 of the Revised Statutes2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 2 [Notwithstanding the provisions of section 22 of P.L.1983, c.383 (C.52:27D-213), the] The2 regulations adopted by the commissioner pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) for the design and installation of pool barriers 2[are] shall be2 applicable to all pre-existing residential swimming pools, spas and hot tubs and an owner of a pre-existing residential swimming pool, spa or hot tub shall comply with those regulations. The regulations shall 2[only]2 be enforced in accordance with subsection b. of this section. 1This subsection shall not apply to any swimming pool, spa or hot tub which is subject to the requirements of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) 2, or to any preexisting pool, spa or hot tub which was constructed subject to a municipal ordinance containing requirements which substantially met the requirements of the current State Uniform Construction Code2 .1
For the purposes of this section, "pre-existing" shall mean those pools, spas and hot tubs which were constructed prior to the adoption by the Commissioner of Community Affairs of 1[the model code of the International Code Council, International Building Code, known as the "IBC/2000,"] standards for design and construction for swimming pools, spas and hot tubs1 as part of the State Uniform Construction Code.
b. 2[In any case in which] Whenever2 a change of occupancy 2occurs2 of any dwelling unit located on property which contains a swimming pool, spa or hot tub which is 2subject to the provisions of subsection a. of this section and which is2 available for use by such dwelling unit 2[and is subject to a municipal ordinance requiring the issuance of either a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises]2, no 2[such]2 certificate 2of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises2 shall be issued until the officer or agency responsible for its issuance has determined that the swimming pool, spa or hot tub to which the dwelling unit has rights to access complies with subsection a. of this section.
c. 2[The local governing body having jurisdiction over the enforcing agency or, when the Division of Codes and Standards is the enforcing agency, the Commissioner of Community Affairs, may establish a fee which covers the cost of inspection and of issuance of the certificate.
d.]2 An owner who sells, leases or otherwise permits occupancy of a dwelling unit without 2[complying] obtaining a certification of compliance2 with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the 2[local enforcing agency] municipality2 by summary proceedings in municipal court pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
2. This act shall take effect immediately.