S2661 —

S2661 SBA1R Statement[First 10/15/18Reprint] SENATE BUDGET AND APPROPRIATIONS COMMITTEE   STATEMENT TO   SENATE, No.

 2661 withSTATE committeeOF amendmentsNEW JERSEY 218th LEGISLATURE   STATEINTRODUCED OFJUNE NEW4, JERSEY2018   DATED:  Sponsored by:

 OCTOBERSenator  15,JEFF 2018VAN  DREW     District The1 Senate(Atlantic, BudgetCape May and AppropriationsCumberland) CommitteeSenator  reportsJAMES favorablyW. Senate Bill No.

2661,HOLZAPFEL District 10 (Ocean)         SYNOPSIS      Revises requirements for swimming pools to comply with committeecertain amendments.regulations concerning lifeguards, inspections, and circulation systems.

      AsCURRENT amended,VERSION thisOF billTEXT establishes     certainAs exceptionsreported toby recently-adoptedthe DepartmentSenate ofBudget Healthand (“DOH”)Appropriations regulationsCommittee governingon publicOctober recreational15, bathing facilities.       The new DOH requirements, which took effect January 16, 2018, include:with amendments.

(1)  providingAn thatAct certainconcerning facilitiesswimming withpools aand divingamending board,1and watersupplementing1 slide,P.L.1991, orc.135. certain other recreational appurtenances must comply with certain lifeguard staffing requirements from which they were previously exempt;

(2)  requiring     publicBe recreationalIt bathingEnacted facilitiesby tothe submitSenate aand ChecklistGeneral forAssembly Publicof Recreational Bathing Facilities 21 days prior to the facilityState openingof toNew theJersey: public;

(3)  prohibiting     lifeguards1.    onSection duty2 atof swimmingP.L.1991, poolsc.135 from(C.26:4A-5) havingis anyamended duties that would distract them from supervising the swimming pool area or providing immediate assistance to personsread inas distress;follows:

and                     (4)2.    establishingNotwithstanding newthe 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 forof swimmingN.J.A.C.8:26-5 poolet circulationseq., systems.except that:

     Thea.    billA createscampground, exceptionsprivate tomarina thewith newa DOHswimming requirements. pool, First,hotel, amotel, facilitymobile thathome ispark speciallyor exemptretirement fromcommunity certainwhich lifeguarddoes andnot firstvoluntarily aidcomply personnelwith staffingthese requirements setshall forthhave ina themanager Administrativeor Codeowner (N.J.A.C.8:26-5.1on etthe seq.)premises willwhen notits loseswimming thatarea exemptionor, solelyin on the basiscase thatof the facility has a functionalprivate divingmarina, board,when waterits slide,swimming orpool similaris recreationalopen appurtenance. for Theseuse; regulations include:

certain     minimumb.    lifeguardA staffinghealth 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 poolsuse.  withThe provisions of this section shall not be construed to exempt a surfacehealth areaclub from the provisions of moreP.L.2005, thanc.346 2,000(C.2A:62A-30 squareet feet;seq.);

and      c.    A health club which would ordinarily qualify as a specially exempt facility, but no longer satisfies all of the requirements for firstexemption aidbecause personnelit trainedhas inelected cardiopulmonaryto resuscitationprovide 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 ondeemed dutya whenspecially exempt facility for the poolpurposes isof inP.L.1991, use;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.

andwhile requirementsthe 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 poollessons, butclasses restrict its use to owners, members, or rentersinstruction atare thetaking facilityplace. and their guests.

     InNo addition,specially theexempt billfacility providesshall thatbe seasonaldeemed swimmingineligible poolsfor arean requiredexemption tofrom bemandatory inspectedcompliance bywith the healthfirst authorityaid priorpersonnel to opening, and year-roundlifeguard swimmingrequirements poolsof areN.J.A.C.8:26-5 subjectet toseq., inspection twice per year.  “Health authority” includes the DOH, as wellprovided asin municipal,this county,section, orsolely regionalon boards of health.  Alternatively, a seasonal swimming pool may submit to the healthbasis authoritythat the DOHfacility Checklisthas fora Publicfunctional Recreationaldiving Bathingboard, Facilitieswater priorslide, toor opening,similar whichrecreational theappurtenance. 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.

    (cf: 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.

    P.L.2015, Finally,c.191, thes.2) bill  provides     that12.   seasonal(New andsection) year-rounda.  swimmingEach poolsseasonal inswimming existencepool onshall Januarybe 1,inspected 2018by arethe nothealth requiredauthority prior to takeits anyopening stepsfor topublic complyuse, withand anyeach newyear requirementsround concerning swimming pool circulationshall systemsbe establishedinspected by the DOHhealth byauthority regulationat onleast ortwo aftertimes Januaryin 1,each 2018,calendar untilyear.  suchA timeseasonal asswimming alterationspool aremay, madeprior to anyopening partfor ofpublic thatuse, swimmingelect pool’sto circulationsubmit system. to “Alteration”the meanshealth anyauthority modificationa orcompleted relocationChecklist offor anyPublic structureRecreational orBathing equipment,Facilities ordeveloped changeby the Department of waterHealth, flowwhich patternsthe health authority may choose to review in anlieu existingof swimmingconducting pool,an suchonsite inspection, except that the design,health configuration,authority orshall operatingbe characteristicsrequired ofto theconduct circulationan systemonsite areinspection differentof fromeach thenew originalswimming design,pool configuration,prior orto operatingits characteristicsopening offor public use for the circulationfirst system. time.  TheNothing termin doesthis notsubsection includeshall normalbe maintenance,construed repair,to orrequire replacementany ofswimming equipmentpool withto complete the sameChecklist orfor aPublic newerRecreational model. Bathing     Facilities Asdeveloped amendedby andthe reported,Department of Health.  As used in this billsubsection, is“health identicalauthority” tomeans Assemblythe BillDepartment No.of Health or a municipal, county, or regional board of health.

4191,     asb.    reportedLifeguards bywho are on duty at a swimming pool shall not have duties or perform any activities that would distract them or intrude upon their attention from proper observation of persons in the committee.swimming pool area or that prevent immediate assistance to persons in distress in the water;

 except COMMITTEEthat AMENDMENTS:nothing in this subsection shall 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 Department of Health by regulation, including, but not limited to, testing disinfectant levels and measuring the pH of the water during operational hours, provided that the lifeguard can perform these tasks and tests without causing an imminent, significant risk to bather safety.

          c.    No seasonal or year-round swimming pool that was in existence on January 1, 2018 shall be required to take any steps to comply with any new requirements concerning swimming pool circulation systems established by the Department of Health 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.  As used in this subsection, “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 committeeterm amendmentsdoes makenot include normal maintenance, repair, or replacement of equipment with the billsame identicalor a newer model.1        1[2.] 3.1     The Commissioner of Health shall, pursuant to Assemblythe Bill“Administrative No.Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as shall be necessary to implement the provisions of this act.

4191,  as     also1[3.] reported4.1     byThis theact committee. shall      take Specifically,effect theimmediately. 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.