Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Provides that facilities exempt from certain swimming pool safety regulations do not lose exemption on basis of having diving board, water slide, or similar feature.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning swimming pools and amending P.L.1991, c.135.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1991, c.135 (C.26:4A-5) is amended to read as follows:
2. Notwithstanding the provisions of section 7 of P.L.1947, c.177 (C.26:1A-7) or any rules or regulations promulgated pursuant thereto to the contrary, a specially exempt facility shall be exempt from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., except that:
a. A campground, private marina with a swimming pool, hotel, motel, mobile home park or retirement community which does not voluntarily comply with these requirements shall have a manager or owner on the premises when its swimming area or, in the case of a private marina, when its swimming pool is open for use;
b. A health club which does not voluntarily comply with these requirements shall have an owner or manager on the premises when its swimming pool is open for use. The provisions of this section shall not be construed to exempt a health club from the provisions of P.L.2005, c.346 (C.2A:62A-30 et seq.); and
c. A health club which would ordinarily qualify as a specially exempt facility, but no longer satisfies all of the requirements for exemption because it has elected to provide swimming lessons, classes, or instruction, either directly or through a third-party entity, to persons who are not members of the health club, or to persons who are under 16 years of age, shall continue to be deemed a specially exempt facility for the purposes of P.L.1991, c.135 (C.26:4A-4 et seq.), provided that the health club complies with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq. while the swimming lessons, classes or instruction are taking place.
No specially exempt facility shall be deemed ineligible for an exemption from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., as provided in this section, solely on the basis that the facility has a functional diving board, water slide, or similar recreational appurtenance.
(cf: P.L.2015, c.191, s.2)
2. The Commissioner of Health shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as shall be necessary to implement the provisions of this act.
3. This act shall take effect immediately.
STATEMENT
This bill provides that a facility that is specially exempt from certain lifeguard and first aid personnel staffing requirements set forth in the Administrative Code at N.J.A.C.8:26-5.1 et seq. will not lose that exemption solely on the basis that the facility has a functional diving board, water slide, or similar recreational appurtenance.
The requirements of N.J.A.C.8:26-5.1 et seq. include certain minimum lifeguard staffing requirements for pools with a surface area of more than 2,000 square feet, as well as requirements for first aid personnel trained in cardiopulmonary resuscitation to be on duty when the pool is in use and requirements concerning when a pool is to have lifeguard platforms or stands in place.
Current law provides an exemption from these requirements for certain “specially exempt facilities,” including hotels, motels, campgrounds, mobile home parks, retirement communities, common interest communities, and health clubs, when those facilities have a swimming pool but restrict its use to owners, members, or renters at the facility and their guests.
A sweeping revision to the Department of Health regulations governing public recreational bathing facilities, which took effect January 16, 2018, includes a section providing that this exemption does not apply when a specially exempt facility has a diving board, water slide, or other recreational appurtenance. It is the sponsor’s belief the loss of this exemption will result in significant, prohibitive costs of compliance for those facilities, which may be forced to close their pools or otherwise increase costs for owners, members, and renters at the facilities.