N.J. Admin. Code § 8:26-8.3

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

Section 8:26-8.3 - Report of inspections; notification of closures; evaluation placard

(a) Inspection findings shall be recorded on an inspection report form, which shall be provided to Department staff upon demand.

(b) The inspection report shall identify any violations of this chapter and shall reference the section of the chapter being violated.

(c) The health authority shall notify via telephone or fax or e-mail, according to the time limits specified in N.J.A.C. 8:26-8.8, the Department of Environmental Protection, Department of Health, and adjacent local health authorities when it makes the decision to close a bathing beach.

(d) For swimming pools, wading pools, hot tubs, spas, and aquatic recreation facilities, the local health authority shall notify the Department of Health at the end of the season of all closures during the season.

1. For closures related to construction, severe weather, flooding, water contamination, or other health emergencies, notification shall be made within 24 hours.

(e) Based on the inspection, the health authority shall issue an evaluation of Satisfactory, Conditionally Satisfactory, or Unsatisfactory compliance with this chapter.

1. "Satisfactory" means the facility is operating in substantial compliance with this chapter, and personnel have demonstrated they are aware of and are practicing the safety principles outlined in this chapter.

2. "Conditionally Satisfactory" means the facility is not operating in substantial compliance with this chapter, and there are one or more violations of this chapter.

i. Upon a finding of this condition, a reinspection shall be scheduled.

ii. The reinspection shall be conducted at an unannounced time.

iii. During the reinspection, a full inspection may be conducted by the health authority rather than just the violation(s), at its discretion.

iv. The health authority shall perform the reinspection within a reasonable time period, which shall be determined by the nature of the violation.

3. "Unsatisfactory" means the facility is not operating in compliance with this chapter, and one or more of the violations constitutes gross unsanitary or unsafe conditions, which pose an imminent health or safety hazard.

i. Upon a finding of this condition, the health authority shall immediately ask the owner or operator to cease operation and keep the facility closed until a reinspection shows that the violations have been corrected.

ii. If the facility is not closed voluntarily, the health authority shall take legal action to close the facility and keep it closed until a reinspection shows that the violations have been corrected.

(f) Upon conclusion of the inspection, the health authority shall issue a placard containing an evaluation listed in (e) above and shall leave the evaluation placard and inspection report with the owner or operator of the facility.

(g) The owner or operator of the facility shall immediately post the evaluation placard near the public entrance to the facility in a conspicuous place where the public can easily view the placard.

N.J. Admin. Code § 8:26-8.3

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