N.J. Admin. Code § 8:26-1.3
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Adult" means a person aged 18 years or older.
"Alter," "altered," and "alteration" mean any modification or relocation of any structure or equipment, or change of water flow patterns in an existing public recreational bathing facility, such that the design, configuration, or operating characteristics are different from the original design, configuration, or operating characteristics. Altered structures and equipment must comply with this chapter. The term does not include normal maintenance, repair, or replacement of equipment with the same or a newer model.
"American National Standards Institute, Inc. (ANSI)" is a private nonprofit organization, which, for the purposes of this chapter, provides technical materials and expertise and is located at 1819 L Street, NW, Washington, D.C. 20036, Telephone: (202) 293-8020, Website: www.ansi.org.
"American Public Health Association" or "APHA," is a nonprofit organization of public health professionals, which, for the purposes of this chapter, provides technical materials, standards and expertise and is located at 800 I Street, NW, Washington, D.C. 20001, Telephone: (202) 777-2742, Website: www.apha.org.
"American Red Cross" or "Red Cross" means a nonprofit organization, which, for the purposes of this chapter, provides safety and lifesaving training and is located at 430 17th Street, Washington, D.C., 20006, Telephone: 202-303-4233, Website: www.redcross.org.
1. Lifeguard training and certification standards may be found at www.redcross.org/participantmaterials.
"American Society of Mechanical Engineers (ASME)" is a nonprofit educational and technical organization which, for the purpose of this chapter, provides technical materials and expertise and is located at 3 Park Avenue, New York, New York 10016-5990, Telephone: (800) 843-2763, Website: www.asme.org.
"Aquatic activity area" means an area containing aquatic play equipment, which is governed by N.J.A.C. 5:14A-12 only when located in an amusement park or water park in which there are other rides covered by N.J.A.C. 5:14A-12.
"Aquatic play equipment" means water-related play equipment or devices intended for use in aquatic activities areas. Examples include, but shall not be limited to, rope ladders, hand-over-hand activities, slides, and devices designed to squirt, shoot, spray, dump, discharge, or disperse water intended to come in contact with people for recreational purposes.
"Aquatic recreation facility" means a facility that is designed for free-form aquatic play and recreation and shall include, but not be limited to, wave or surf action pools, leisure rivers, sand bottom pools, vortex pools, activity pools, inner tube rides and body slides, interactive play attractions, water parks, spray parks, and water amusement rides that, with the exception of spray parks, are licensed and regulated by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:14A-12.
"Association of Pool and Spa Professionals" or "APSP" is a professional organization, which, for the purposes of this chapter, provides technical materials and expertise and is located at 2111 Eisenhower Avenue, Alexandria, Virginia 22314, Telephone: (703) 838-0083, Website: www.apsp.org/Public/Home/index.cfm.
"Authorized agent" means a licensed health officer or registered environmental health specialist who is delegated to function as the agent of the local health authority or the department.
"Bathing beach" means the designated area of a natural or artificially constructed pond, lake, stream, river, bay, tidal waters, ocean or other body of fresh or salt water, which is used for bathing and swimming purposes together with buildings, equipment, and appurtenances, if any, and the land areas used in connection therewith.
"Campground" means a plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, for a total of 15 days or more in any calendar year, for recreation, education, or vacation purposes.
"Certified laboratory" means a water laboratory certified by the New Jersey Department of Environmental Protection.
"Common interest community" means:
1. Property subject to the Condominium Act, P.L. 1969, c.257 (46:8B-1 et seq.), the Horizontal Property Act, P.L. 1963, c.168 (46:8A-1 et seq.) and The Continuing Care Retirement Community Regulation and Financial Disclosure Act (52:27D-330 et seq.);
2. A housing corporation or association, commonly known as a cooperative, which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment, manufactured or mobile home or other unit of housing owned or leased by the corporation or association, or to lease or purchase a unit of housing constructed or to be constructed by the corporation or association; or
3. Real estate with respect to which a person, by virtue of the ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance or improvement of other real estate described in the instrument, however denominated, which creates the common interest community. Ownership of a unit does not include holding a lease-hold interest of less than 20 years in a unit, including renewal options.
"Construct" means and includes building or installing a new public recreational bathing facility or altering an existing public recreational bathing facility or any of its facilities.
"Cooperative Coastal Monitoring Program" or "CCMP" means a bathing beach and coastal water quality monitoring program that tests bathing beach water, conducts aerial coastal surveillance, monitors ocean water pollution sources, and notifies the public of beach conditions. The CCMP is a cooperative effort among the New Jersey Department of Environmental Protection, the New Jersey Department of Health, and a number of coastal county and local government agencies and health departments.
"Deck" means areas surrounding a swimming pool which are specifically constructed or installed for use by bathers.
"Deep" means water depths of five feet or greater.
"Department" means the New Jersey Department of Health.
"Department-sanctioned analytical methods" or "DSAMs" are testing methods that laboratories may be certified to perform if they qualify under the State Department of Environmental Protection's requirements at N.J.A.C. 7:18.
"Design professional" means an individual who is licensed as an architect or professional engineer.
"Diving" means entering a body of water head first.
"Diving area" means the portion of a swimming pool, which is eight feet forward of the tip of the diving board, eight feet behind the tip of the diving board, and eight feet to each side of the diving board.
"Health authority" means the local health authority or the New Jersey Department of Health or its authorized agent.
"Health club" means a health club that is registered with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to N.J.S.A. 56:8-39 et seq.
"Hot tub or spa" means any pool having a maximum depth of 48 inches used in conjunction with high velocity water recirculation systems in which mineral or non-mineral water is used and is not emptied after each use. Water temperature is hot, cold, or ambient. The term shall not include hot tubs and spas used solely for aquatic physical therapy, except as covered by N.J.A.C. 8:43H-21.3(e) and other applicable rules.
"Hotel" or "motel" means a commercial establishment with a building of four or more dwelling units or rooms used for rental and lodging by guests.
"IAF" means the International Aquatic Foundation.
"Lifeguard" means a person who holds a lifeguarding certificate from an organization recognized by the New Jersey Department of Health, as listed in N.J.A.C. 8:26 Appendix A, or:
1. For a lifeguard serving at a swimming pool or lake, a person who holds a lifeguarding certificate from an organization determined by the Department to meet American Red Cross training standards; or
2. For a lifeguard serving at an ocean or tidal waters facility, a person who holds a lifeguarding certificate from an organization determined by the Department to meet United States Lifesaving Association (USLA) training standards.
The Department maintains a list of recognized organizations on the New Jersey Department of Health website at http://www.nj.gov/health/ceohs/documents/phss/recognized_cert_list.pdf.
"Local code officials" mean the construction, electrical, and/or plumbing code officials who work for a municipality or the New Jersey Department of Community Affairs and enforce the New Jersey Uniform Construction Code.
"Local health authority" means a municipal, county, or regional board of health, established pursuant to N.J.S.A. 26:3-1, and its authorized agents.
"Locate" means designating the site or place of a public recreational bathing facility.
"Mobile home park" means a parcel of land, or two or more contiguous parcels of land, containing at least 10 sites equipped for the installation of mobile or manufactured homes, where these sites are under common ownership and control, other than as a cooperative, for the purpose of leasing each site to the owner of a mobile or manufactured home for the installation thereof, and where the owner provides services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include, but are not limited to:
1. Construction and maintenance of streets;
2. Lighting of streets and other common areas;
3. Garbage removal;
4. Snow removal; and
5. Provision for the drainage of surface water from home sites and common areas.
"National Spa and Pool Institute (NSPI)" means that professional organization which, for the purposes of this chapter, provides technical materials and expertise and is located at 2111 Eisenhower Avenue, Alexandria, Virginia 22314 at (703) 838-0083.
"Nephelometric Turbidity Unit (NTU)" means the turbidity of a specified concentration of formazin suspension used when measuring water clarity.
"Non-bathing beach" means an area of a natural or artificially constructed pond, lake, stream, river, bay, tidal waters, ocean, or other body of fresh or salt water, which has not been designated by the owner or operator of the property as a bathing beach, but which is used for primary contact recreation (recreational activities that involve significant ingestion risks), such as surfing and water-skiing. Non-bathing beaches are not covered by this chapter.
"Operate" means to conduct, maintain, or otherwise provide facilities for public recreational bathing.
"Operator" means any corporation, company, association, society, club, firm, partnership, joint stock company, government agency, or individual, that operates a public recreational bathing facility pursuant to an agreement with the owner. An owner may also be the operator.
"Owner" means any corporation, company, association, society, club, firm, partnership, joint stock company, government agency, or individual, that owns a public recreational bathing facility.
"Potable water" means water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in its bacteriological and chemical quality to the requirements of the Public Health Service Drinking Water Standards or the regulations of the public health authority having jurisdiction.
"Primary contact recreation" means water-related recreational activities that involve significant ingestion risks and includes, but is not limited to, wading, swimming, and diving.
"Private lake, river, or bay, or private community lake, river, or bay association" means an organization of property owners within a fixed or defined geographical area with deeded or other rights to utilize, with similarly situated owners, various lakefront, riverfront, or bayfront properties, which said properties are not open to the general public, other than bona fide guests of a member of the private lake, river, or bay or private community lake, river, or bay association.
"Private marina" means a privately-owned water dependent facility for the docking, servicing or storage of private boats, at which services are provided on an annual, seasonal or per diem basis, and which facility is not open to the general public, other than bona fide guests of boat owners eligible to use the marina and which has a private swimming pool that is not open to the general public, other than bona fide guests of boat owners eligible to use the marina.
"Private recreational bathing facility" means any bathing beach, swimming pool, wading pool, hot tub, or spa used only by residents of one or two living units, and their guests.
"Public campground" means a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, for a total of 15 days or more in any calendar year, for recreation, education, or vacation purposes.
"Public recreational bathing facility" means any bathing beach, hot tub, spa, swimming pool, wading pool, and aquatic recreation facility that includes State, county, and municipal facilities, as well as any beach that an owner or operator permits for use as a public swimming area through advertising, publicity, or designation. Public recreational bathing facilities do not include a non-bathing beach and/or a private recreational bathing facility.
"Retirement community" means a retirement community which is registered with the Division of Housing and Development in the Department of Community Affairs pursuant to "The Planned Real Estate Development Full Disclosure Act," P.L. 1977, c.419 (45:22A-21 et seq.).
"Sanitary survey" means a comprehensive evaluation of the environmental factors affecting the quality of the waters of a bathing beach. This includes, but is not limited to, sewage and industrial wastewater discharges, storm-water overflows, bird and animal populations, commercial and agricultural drainage, and their relationship to the bathing beach, as well as the location and volume of the pollution, and its chemical, bacterial and physical characteristics.
"Shallow" means water depths less than five feet.
"Specially exempt facility" means a public recreational bathing facility that is:
1. A private lake, river, or bay or private community lake, river, or bay association, or private nonprofit common interest community that restricts the use of its lake, river, bay, or pool, as appropriate, to the owners of units thereof and their invited guests;
2. A campground, hotel, motel, mobile home park, or retirement community that restricts the use of its pool to renters of the lodging units or owners of the dwelling units, as appropriate, and their invited guests, or day-use visitors;
3. A private marina, which restricts the use of its swimming pool to owners of boats eligible to use the facilities and their invited guests;
4. A privately-owned campground, which restricts the use of a swimming area other than its swimming pool to renters of the loading units or owners of the dwelling units, as appropriate, and their invited guests, or day-use visitors; or
5. A health club, which restricts the use of its pool to members and their invited guests and does not permit the use of its pool by persons under 16 years of age, and in which the maximum depth of the water in the pool does not exceed five feet, but does not include a health club that shares use of its pool with another entity. A health club that 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, provided that the health club complies with the first aid personnel and lifeguard requirements of N.J.A.C. 8:26-5 while the swimming lessons, classes, or instruction are taking place.
"Spray park" means a recreational facility in which water is sprayed on participants, the water is recirculated, and the water may or may not have depth. All spray parks are covered by this chapter regardless of whether they are licensed and regulated by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:14A-12.
"Standard methods for the examination of water and wastewater" means that standard which, for the purposes of this chapter, is the recognized standard that provides the protocol for the microbiological water quality standards for all public recreational bathing places and may be obtained from the American Public Health Association.
"Swimming pool" means a watertight structure of concrete, masonry, or other approved materials, located either indoors or outdoors, used for bathing, wading, or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith.
1. A swimming pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee, and includes, but is not limited to, pools operated by or serving campgrounds, clubs, churches, cities, common interest communities, counties, day care centers, group home facilities for six or more clients, health spas, institutions, parks, private lake, river, or bay associations, or private community lake, river, or bay associations, State, county, and municipal agencies, retirement communities, schools, specially exempt facilities, subdivisions, or cooperative living type projects of three or more living units, such as apartments, boarding homes, condominiums, hotels, mobile home parks, motels, recreational vehicle parks, townhouses, trailer parks, and youth camps.
2. The term shall not include swimming pools used solely for aquatic physical therapy.
"Trained pool operator" or "TPO" means an individual who is responsible for compliance with the requirements of this chapter at swimming pools, wading pools, hot tubs, spas, and aquatic recreation facilities, and is certified by an organization approved by the Department listed in N.J.A.C. 8:26 Appendix A.
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"United States Environmental Protection Agency" or "USEPA" means an agency of the Federal government responsible for protecting air, land, water, and other natural resources through monitoring and enforcement of environmental laws and regulations. The agency may be contacted as follows: Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, D.C. 20460. Telephone number: 202-272-0167, www.epa.gov.
"United States Lifesaving Association" or "USLA" means a nonprofit organization, which, for purposes of this chapter, provides open water lifeguard training and certification. The organization may be contacted as follows: United States Lifesaving Association, PO Box 366, Huntington Beach, CA 92648, Telephone number: 866-367-8752, www.usla.org.
1. Lifeguard training and certification standards may be found at http://www.usla.org/?page=AGENCYCERT.
"User load" means the number of persons in the swimming pool, hot tub, or spa at any given moment, or during any stated period of time.
"Wading pool" means a swimming pool that ranges in water depth from zero to two feet and is used for wading.
"Water slide" means a water amusement ride using gravity to convey riders independently or riding on a sled, mat, or inflatable device, which empties into a catch pool or a run-out.
N.J. Admin. Code § 8:26-1.3