N.J. Admin. Code § 8:25-1.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:25-1.5 - Waiver

(a) The Commissioner may, in accordance with the general purposes and intent of the Act, waive sections of this chapter if, in his or her opinion, such waiver would not endanger the safety or health of the public.

(b) The youth camp operator seeking a waiver of the standards in this chapter shall apply in writing to:

Public Health Sanitation and Safety Program

Consumer, Environmental and Occupational Health Service

NJ Department of Health

PO Box 369

Trenton, New Jersey 08625-0369

(c) The youth camp operator shall include the following in the application for waiver:

1. A description of the waiver requested;

2. The specific standard(s) for which a waiver is requested;

3. Reason(s) for requesting a waiver, including a statement of the type and degree of hardship that would result upon full compliance;

4. An alternative proposal which would ensure public health and safety; and

5. Documentation to support the waiver application.

(d) The Department reserves the right to request additional information before processing an application for waiver.

(e) The Department may exempt a youth camp or activity from the provisions of this chapter after:

1. A review of materials submitted by the applicant;

2. An inspection of the affected premises and facilities by a representative of the Department; and

3. A determination by the Department that the conditions, practices, or activities to be used are as safe and healthful as those which would prevail if the standards was not waived.

(f) As a condition of the waiver, the camp director shall provide appropriate notice thereof in writing to the parents and guardians of the affected campers.

N.J. Admin. Code § 8:25-1.5

Recodified from N.J.A.C. 8:25-1.4 by R.2009 d.66, effective 3/2/2009.
See: 40 N.J.R. 4888(a), 41 N.J.R. 1026(a).
In (a), deleted "or his or her designee" following "Commissioner" and substituted "the Act" for "N.J.S.A. 26:12-1 et seq., and amendments thereto"; rewrote the introductory paragraph of (c); in (c)1, substituted "A description" for "Nature"; in the introductory paragraph of (e), substituted "The Department may exempt a" for "A" and substituted "from the" for "may be exempted from"; and in (f), inserted "the camp director shall provide" and deleted "shall be made" following "thereof".
Notice of readoption with technical amendment.
See: 48 N.J.R. 133(a).