N.J. Admin. Code § 3A:56-9.13

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:56-9.13 - Swimming

(a)A home using off-grounds or on-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 15 or fewer children are present, and two staff members have a valid lifesaving or lifeguarding certificate when 16 or more children are present.

1. Whenever 16 or more children are swimming, the home 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 home shall prohibit swimming:

1. At night time;

2. Under docks; and

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

(c) The home 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, unless under direct supervision for swimming instruction. The home 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 home shall provide staff members with the following equipment:

1. A whistle; and

2. A ring buoy with rope.

(e) A treatment home operated in a private dwelling where there is a pool on the grounds of the treatment home shall:

1. Not be obligated to comply with (a), (c), or (d)1 above in regards to the pool, but shall address the child's appropriateness for use of the pool with the agency;

2. Ensure that the pool is in compliance with local municipal codes and manufacturer standards;

3. Inform the child of pool rules and pool safety; and

4. Ensure the child is supervised at all times while in the pool.

N.J. Admin. Code § 3A:56-9.13

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

Amended by 50 N.J.R. 135(a), effective 1/2/2018