S2136

An Act concerning the use of hot tubs in commercial establishments and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Commercial establishment” means any location, place, area, structure, or business that provides patrons with access to a hot tub, including, but not limited to: a hotel, motel, or other lodging establishment; health club; swimming pool, club, or other facility; campground; health resort; or other recreational facility.

“Commissioner” means the Commissioner of Health and Senior Services.

“Hot tub” means a large tub or small pool of heated water that uses jets of forced air to produce currents and bubbles in the water, either for therapeutic or nontherapeutic purposes.

2. a. A commercial establishment shall not permit a person who is under 17 years of age to use a hot tub.

b. (1) The owner or operator of a commercial establishment shall post a sign in conspicuous view at or near the reception area of the establishment and the hot tub which meets the requirements of paragraph (2) of this subsection and states: “PERSONS UNDER AGE 17 ARE NOT PERMITTED TO USE A HOT TUB ON THESE PREMISES.”

(2) The commissioner shall prescribe a uniform format for the sign, which shall be posted on the website of the Department of Health and Senior Services.

c. The local board of health in the municipality in which a commercial establishment is located shall periodically inspect the establishment to ensure continued compliance with the provisions of this act.

3. a. A person who violates the provisions of this act is subject to a penalty of $100 for the first offense, $250 for a second offense, and $500 for each subsequent offense. The penalty shall be sued for and collected in a court of competent jurisdiction in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

b. A penalty recovered pursuant to subsection a. of this section shall be recovered by and in the name of the commissioner or by and in the name of the local board of health. When the plaintiff is the commissioner, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board of health into the treasury of the municipality where the violation occurred.

4. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

5. This act shall take effect on the first day of the sixth month next following the date of enactment, but the commissioner may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill prohibits the use of a hot tub in a commercial establishment by a person who is under 17 years of age.

The bill defines:

“hot tub” to mean “a large tub or small pool of heated water that uses jets of forced air to produce currents and bubbles in the water, either for therapeutic or nontherapeutic purposes; and

“commercial establishment” to mean “any location, place, area, structure, or business that provides patrons with access to a hot tub, including, but not limited to: a hotel, motel, or other lodging establishment; health club; swimming pool, club, or other facility; campground; health resort; or other recreational facility.”

The bill requires the owner or operator of a commercial establishment to post a sign in conspicuous view at or near the reception area of the establishment and the hot tub which states: “PERSONS UNDER AGE 17 ARE NOT PERMITTED TO USE A HOT TUB ON THESE PREMISES.” The Commissioner of Health and Senior Services is to prescribe a uniform format for the sign, which will be posted on the website of the Department of Health and Senior Services, and the sign posted by the commercial establishment must comply with that format.

The bill directs the local board of health in the municipality in which a commercial establishment is located to periodically inspect that establishment to ensure continued compliance with the provisions of this bill.

A person who violates the provisions of this bill is subject to a penalty of $100 for the first offense, $250 for a second offense, and $500 for each subsequent offense, to be sued for and collected in a court of competent jurisdiction in a summary proceeding in accordance with the “Penalty Enforcement Law of 1999.”

The bill takes effect on the first day of the sixth month following its enactment, but authorizes the Commissioner of Health and Senior Services to take prior administrative action as necessary for its implementation.