N.J. Admin. Code § 8:26-8.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:26-8.5 - Criteria for closure of a public recreational bathing facility

(a) The approval, license, or permit to operate a swimming pool, wading pool, hot tub, spa, aquatic recreation facility, or bathing beach may be suspended at any time, when in the opinion of the health authority, such action is necessary to abate a present or threatened hazard to public health.

(b) The health authority shall order the owner or operator of a swimming pool, hot tub, spa, aquatic recreation facility, or bathing beach to physically close off the bathing area and to prohibit any bathing until the violation is abated.

(c) The following shall be grounds for closure and stoppage of bathing and swimming activities:

1. Poorly maintained equipment, structures, or areas, or lack of equipment, structures, or areas, which jeopardize the health or safety of the users and/or operators;

2. Lack of required supervisory personnel and/or required lifeguards at the public recreational bathing facility during normal operating hours;

3. Failure to meet specific water quality standard(s);

4. Underwater hazards that have not been identified; or

5. Any other condition(s) which pose(s) an immediate health or safety hazard.

(d) If remedial action is not taken immediately, the health authority shall issue an order requiring the facility to be closed in order to protect the public health or safety.

1. A closure order may be issued verbally, but shall be followed up by written confirmation within 24 hours. Such order shall be sent by certified mail, return receipt requested, priority mail, e-mail, fax, or be hand delivered.

2. The order shall give the alleged violator an opportunity to be heard by the health authority within 15 days of notification of the order.

3. The order shall remain in effect during the appeal.

N.J. Admin. Code § 8:26-8.5

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