SENATE BUDGET AND APPROPRIATIONS COMMITTEE
STATEMENT TO
SENATE, No. 2661
with committee amendments
STATE OF NEW JERSEY
DATED: OCTOBER 15, 2018
The Senate Budget and Appropriations Committee reports favorably Senate Bill No. 2661, with committee amendments.
As amended, this bill establishes certain exceptions to recently-adopted Department of Health (“DOH”) regulations governing public recreational bathing facilities.
The new DOH requirements, which took effect January 16, 2018, include: (1) providing that certain facilities with a diving board, water slide, or certain other recreational appurtenances must comply with certain lifeguard staffing requirements from which they were previously exempt; (2) requiring public recreational bathing facilities to submit a Checklist for Public Recreational Bathing Facilities 21 days prior to the facility opening to the public; (3) prohibiting lifeguards on duty at swimming pools from having any duties that would distract them from supervising the swimming pool area or providing immediate assistance to persons in distress; and (4) establishing new requirements for swimming pool circulation systems.
The bill creates exceptions to the new DOH requirements. First, a facility that is specially exempt from certain lifeguard and first aid personnel staffing requirements set forth in the Administrative Code (N.J.A.C.8:26-5.1 et seq.) will not lose that exemption solely on the basis that the facility has a functional diving board, water slide, or similar recreational appurtenance. These regulations include: certain minimum lifeguard staffing requirements for pools with a surface area of more than 2,000 square feet; requirements for first aid personnel trained in cardiopulmonary resuscitation to be on duty when the pool is in use; and requirements concerning when a pool is to have lifeguard platforms or stands in place. Facilities with a special exemption include hotels, motels, campgrounds, mobile home parks, retirement communities, common interest communities, and health clubs, when those facilities have a swimming pool but restrict its use to owners, members, or renters at the facility and their guests.
In addition, the bill provides that seasonal swimming pools are required to be inspected by the health authority prior to opening, and year-round swimming pools are subject to inspection twice per year. “Health authority” includes the DOH, as well as municipal, county, or regional boards of health. Alternatively, a seasonal swimming pool may submit to the health authority the DOH Checklist for Public Recreational Bathing Facilities prior to opening, which the health authority may review in lieu of an onsite inspection. However, any new swimming pool will be required to complete an onsite inspection prior to opening for the first time.
The bill also provides that lifeguards who are on duty at a swimming pool are not to have duties or perform any activities that would distract them or intrude upon their attention from proper observation of persons in the swimming pool area or that prevent immediate assistance to persons in distress in the water. However, nothing in the restriction is to be construed to prevent any lifeguard from performing minor administrative tasks, such as checking pool passes, or from performing any routine testing required by the DOH by regulation, including, testing disinfectant levels and measuring the pH of the water during operational hours, provided that the lifeguard can perform these tasks without causing an imminent, significant risk to bather safety.
Finally, the bill provides that seasonal and year-round swimming pools in existence on January 1, 2018 are not required to take any steps to comply with any new requirements concerning swimming pool circulation systems established by the DOH by regulation on or after January 1, 2018, until such time as alterations are made to any part of that swimming pool’s circulation system. “Alteration” means any modification or relocation of any structure or equipment, or change of water flow patterns in an existing swimming pool, such that the design, configuration, or operating characteristics of the circulation system are different from the original design, configuration, or operating characteristics of the circulation system. The term does not include normal maintenance, repair, or replacement of equipment with the same or a newer model.
As amended and reported, this bill is identical to Assembly Bill No. 4191, as reported by the committee.
COMMITTEE AMENDMENTS:
The committee amendments make the bill identical to Assembly Bill No. 4191, as also reported by the committee.
Specifically, the amendments:
· require a health authority to inspect seasonal swimming prior to opening, and year-round swimming pools twice per year, though a seasonal swimming pool may prepare a DOH Checklist for Public Recreational Bathing Facilities in lieu of an onsite inspection;
· prohibit lifeguards on duty at a swimming pool from being assigned other duties that would distract from proper observation of persons in the swimming pool area or would prevent immediate assistance to persons in distress, though the lifeguard may still perform minor administrative tasks; and
· mandate that seasonal and year-round swimming pools in existence on January 1, 2018 are not required to conform with DOH regulations concerning swimming pool circulation systems established on or after January 1, 2018, until alterations are made to that swimming pool’s circulation system.
FISCAL IMPACT:
This bill is not certified as requiring a fiscal note.