A5537

An Act concerning specially exempt facilities and amending P.L.1991, c.135.

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

1. Section 2 of P.L.1991, c.135 (C.26:4A-5) is amended to read as follows:

2. Notwithstanding the provisions of section 7 of P.L.1947, c.177 (C.26:1A-7) or any rules or regulations promulgated pursuant thereto to the contrary, a specially exempt facility shall be exempt from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., except that:

a. A campground, private marina with a swimming pool, hotel, motel, mobile home park or retirement community which does not voluntarily comply with these requirements shall have a manager or owner on the premises when its swimming area or, in the case of a private marina, when its swimming pool is open for use;

b. A health club which does not voluntarily comply with these requirements shall have an owner or manager on the premises when its swimming pool is open for use. The provisions of this section shall not be construed to exempt a health club from the provisions of P.L.2005, c.346 (C.2A:62A-30 et seq.); and

c. A health club which would ordinarily qualify as a specially exempt facility, but no longer satisfies all of the requirements for exemption because it has elected to provide swimming lessons, classes, or instruction, either directly or through a third-party entity, to persons who are not members of the health club, or to persons who are under 16 years of age, shall continue to be deemed a specially exempt facility for the purposes of P.L.1991, c.135 (C.26:4A-4 et seq.), provided that the health club complies with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq. while the swimming lessons, classes or instruction are taking place.

d. (1) A specially exempt facility shall not lose its exemption from first aid and lifeguard personnel requirements while permitting swimming lessons, classes, or instruction conducted at the facility by a third-party entity, provided that the swimming lessons, classes, or instruction are:

(a) not open to the general public;

(b) limited to participants who have registered in advance and are scheduled to participate at designated times;

(c) conducted in a manner that limits the number of participants, and the facility remains primarily available for use by its residents or other authorized users;

(d) conducted during designated time periods separate from general use of the facility by its residents or other authorized users; and

(e) conducted by a person employed by the third-party entity who is physically present at the facility and certified as a lifeguard by an organization recognized by the Department of Health.

(2) Nothing in this subsection shall be construed to limit the authority of the Department of Health or a local health authority to enforce any applicable law or regulation concerning specially exempt facilities.

(3) For purposes of this subsection, a “specially exempt facility” shall include a retirement community registered with the Division of Housing and Development in the Department of Community Affairs pursuant to P.L.1977, c.419 (C.45:22A-21 et seq.), a continuing care retirement community facility operating under a certificate of authority issued by the Department of Community Affairs pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.), an assisted living facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), and any similar residential facility licensed by the State.

No specially exempt facility shall be deemed ineligible for an exemption from mandatory compliance with the first aid personnel and lifeguard requirements of N.J.A.C.8:26-5 et seq., as provided in this section, solely on the basis that the facility has a functional diving board, water slide, or similar recreational appurtenance.

(cf: P.L.2019, c.23, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill authorizes specially exempt facilities to permit third-party entities to provide swimming lessons, classes, or instruction under certain conditions.

Under current law, public swimming pools are required to have first aid and lifeguards on duty. However, certain facilities such as swimming pools at senior centers and similar locations are exempt from this requirement.

This bill provides that specially exempt facilities, including retirement communities, continuing care retirement communities, and assisted living facilities, may offer swimming lessons, classes, or instruction through a third-party provider, under certain conditions without losing their exemption from State lifeguard and first aid personnel requirements.

Specifically, this bill allows these facilities to offer instruction provided that the instruction is not open to the general public, is limited to participants who register in advance and are scheduled to participate at designated times, limits the number of participants, and is conducted during designated time periods separate from the facility’s general use by residents and other authorized users. Additionally, the third-party instructor is required to be physically present at the facility during the instruction and hold a lifeguard certification from an organization recognized by the Department of Health.