N.J. Admin. Code § 3A:55-9.13

Current through Register Vol. 57, No. 1, January 6, 2025

Section 3A:55-9.13 - Swimming

(a) A facility using on-grounds or off-grounds swimming facilities that are not supervised public recreational bathing facilities shall ensure that at least one staff member has a valid lifesaving or lifeguarding certificate issued from an organization that is recognized by the New Jersey State Department of Health or out-of-State health department or other appropriate authority when up to eight children are present, and two staff members have a valid lifesaving or lifeguarding certificate when nine or more children are present.

1. Whenever nine or more children are swimming, the facility shall ensure that at least one lifeguard remains out of the water and is located in a position where he or she can observe all swimmers.

2. No staff member shall assume lifeguarding responsibility for more than three hours without a break.

(b) The facility shall prohibit swimming:

1. In swift and rough water;

2. At night time;

3. Under docks; and

4. When the water temperature is less than 55 degrees Fahrenheit.

(c) The facility shall test each child's swimming ability. If a child cannot swim 100 feet, tread water for three minutes and swim under water for 10 feet, the facility shall ensure that the child wears a life jacket whenever he or she is in water over four and one-half feet deep or less if the water is over the child's head, unless under direct supervision for swimming instruction. The facility shall ensure that the life jacket:

1. Indicates a Class I, Class II, or Class III personal flotation device (PFD) rating by the U.S. Coast Guard; and

2. Is never used as a cushion for sitting or kneeling at any time.

(d) The facility shall provide staff members with the following equipment:

1. Whistle; and

2. Ring buoy with rope.

N.J. Admin. Code § 3A:55-9.13

Administrative Change, 49 N.J.R. 98a.

Amended by 50 N.J.R. 285(a), effective 1/16/2018