N.J. Admin. Code § 8:26-5.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:26-5.1 - Specially exempt facilities from first aid personnel and lifeguard requirements only

(a) Specially exempt facilities shall be exempt from mandatory compliance with the first aid personnel and lifeguard requirements of this subchapter at N.J.A.C. 8:26-5.2(b), (b)1, (d), and (e); 5.6(b); 5.8(b) and (b)1; and 5.10(b), (b)1, (c), and (e).

1. This exemption shall not apply to specially exempt facilities which use ocean waters for bathing.

2. This exemption shall not apply to a specially exempt facility that has a functional diving board, water slide, or other recreational appurtenance that may present an increased safety risk or hazard.

(b) A campground, private marina with a swimming pool, hotel, motel, mobile home park, or retirement community, which does not voluntarily comply with the exempted requirements listed in (a) above shall have an owner or operator on the premises at all times when its swimming area or swimming pool is open for use.

(c) A health club which does not voluntarily comply with the exempted requirements listed in (a) above shall have an owner or operator on the premises at all times when its swimming pool is open for use. The provisions of this subchapter shall not exempt a health club from the provisions of N.J.S.A. 2A:62A-30 et seq., concerning defibrillators.

(d) Except as provided in (f) below, specially exempt facilities that do not voluntarily comply with the exempted requirements listed in (a) above shall post a sign at least three feet by four feet in size.

1. The sign shall be prominently displayed at every entrance to each swimming area, and shall state: "No lifeguard on duty."

"Persons under the age of 16 must be accompanied by an adult." "No swimming alone."

2. The sign shall include the hours that the public recreational bathing facility is open, and can be added to an existing sign.

3. The information on the sign shall be easily readable with contrasting colors.

(e) At campgrounds, hotels, motels, mobile home parks, or retirement communities:

1. The sign shall also state:

"This swimming area is closed when the owner or operator is not on the premises." or

"This pool is closed when the owner or operator is not on the premises."

2. The notice shall also be posted on a sign at least eight inches by 10 inches in size at the registration desk and in each guest room or suite of the campground, hotel or motel used for occupancy by guests.

(f) A health club that is a specially exempt facility and does not voluntarily comply with the exempted requirements listed in (a) above, shall have an owner or operator on the premises at all times when its swimming pool is open for use, and shall take the following action:

1. Post a sign not less than three feet by four feet in size, which shall be prominently displayed at the entrance to the swimming pool.

2. The sign shall state:

"No lifeguard on duty. Persons under the age of 16 are not permitted to use this pool."

"The pool is closed when the owner or operator is not on the premises."

3. The notice shall also be posted on a sign at least eight inches by 10 inches in size at the member service desk of the health club.

(g) A specially exempt facility shall inform the local health authority whether it is going to comply with the exempted provisions of this section.

N.J. Admin. Code § 8:26-5.1

Amended by 50 N.J.R. 481(b), effective 1/16/2018