• 02/08/2018

    Swimming In The Deep End - How Amendments To The New Jersey Public Recreational Bathing Code Will Affect Your Community Association

    Client Alert

    Written by: Jonathan H. Katz, Esq.

    In order to help community associations understand and plan for implementation of these new rules and regulations, Hill Wallack LLP will be hosting a free webinar on this topic with representatives from American Pool at 12 p.m. (noon) on February 20, 2018. If you are interested in registering for this webinar, please click here.

    Without much publicity or fanfare, new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018. If you live in a community association with a pool, these new rules and regulations will have a significant impact on opening and operating your pool this coming season. These are the most sweeping and important changes that have been made in a number of years, so managers and board members will need to pay close attention.

    Below are a few of the many amendments:

    1. Preseason Pool Opening Procedures – A written checklist certifying that the pool is in compliance with current health regulations must be completed and returned to the local health department no later than twenty one (21) days prior to the pool’s scheduled opening.
    2. Laboratory Testing – There are new guidelines with respect to the requirements and timing of the independent weekly sampling process.
    3. Lifeguard Duties – Lifeguards will no longer be allowed to perform any duties outside of the direct observation of bathers. This means that lifeguards may no longer check pool passes, control the gate, or handle other, extraneous tasks during operating hours.
    4. Lifeguard Coverage – Any pool facility with two thousand (2,000) or more square feet of bathing area will require a second lifeguard on duty during all operating hours.
    5. Automatic External Defibrillator (AED) – Every lifeguarded pool is now required to have an AED on-site and accessible to lifeguards at all times.
    6. Safety Equipment – Any pool that is deeper than five (5) feet is required to have a dedicated lifeguard chair for each lifeguard. There are also new requirements regarding required safety equipment and first-aid kits.
    7. Maintenance Equipment – The new regulations require additional filter system components to be installed prior to the pool’s scheduled opening.

    You can view the full document identifying the updates and amendments to the Public Recreational Bathing Code by clicking here.

    If you have any questions regarding these new rules and regulations updating the New Jersey Public Recreational Bathing Code, please contact one of our Community Association Attorneys.