New Jersey Administrative Code › Title 8 - HEALTH › Chapter 26 - PUBLIC RECREATIONAL BATHING › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 8:26-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings unless the context clearly indicates otherwise.
"Adult" means a person aged 18 years or older.
"Alter," "altered," and "alteration" mean any modification or
				  relocation of any structure or equipment, or change of water flow patterns in an
				  existing public recreational bathing facility, such that the design, configuration,
				  or operating characteristics are different from the original design, configuration,
				  or operating characteristics. Altered structures and equipment must comply with this
				  chapter. The term does not include normal maintenance, repair, or replacement of
				  equipment with the same or a newer model.
"American National Standards Institute, Inc. (ANSI)" is a private
				  nonprofit organization, which, for the purposes of this chapter, provides technical
				  materials and expertise and is located at 1819 L Street, NW, Washington, D.C. 20036,
				  Telephone: (202) 293-8020, Website:
www.ansi.org
.
"American Public Health Association" or "APHA," is a nonprofit
				  organization of public health professionals, which, for the purposes of this
				  chapter, provides technical materials, standards and expertise and is located at 800
				  I Street, NW, Washington, D.C. 20001, Telephone: (202) 777-2742, Website:
www.apha.org
.
"American Red Cross" or "Red Cross" means a nonprofit
				  organization, which, for the purposes of this chapter, provides safety and
				  lifesaving training and is located at 430 17th Street, Washington, D.C., 20006,
				  Telephone: 202-303-4233, Website:
www.redcross.org
.
1. Lifeguard training and certification standards may be found at
www.redcross.org/participantmaterials
.
"American Society of Mechanical Engineers (ASME)" is a nonprofit
				  educational and technical organization which, for the purpose of this chapter,
				  provides technical materials and expertise and is located at 3 Park Avenue, New
				  York, New York 10016-5990, Telephone: (800) 843-2763, Website:
www.asme.org
.
"Aquatic activity area" means an area containing aquatic play
				  equipment, which is governed by N.J.A.C. 5:14A-12 only when located in an amusement
				  park or water park in which there are other rides covered by N.J.A.C.
				  5:14A-12.
"Aquatic play equipment" means water-related play equipment or
				  devices intended for use in aquatic activities areas. Examples include, but shall
				  not be limited to, rope ladders, hand-over-hand activities, slides, and devices
				  designed to squirt, shoot, spray, dump, discharge, or disperse water intended to
				  come in contact with people for recreational purposes.
"Aquatic recreation facility" means a facility that is designed
				  for free-form aquatic play and recreation and shall include, but not be limited to,
				  wave or surf action pools, leisure rivers, sand bottom pools, vortex pools, activity
				  pools, inner tube rides and body slides, interactive play attractions, water parks,
				  spray parks, and water amusement rides that, with the exception of spray parks, are
				  licensed and regulated by the New Jersey Department of Community Affairs pursuant to
				  N.J.A.C. 5:14A-12.
"Association of Pool and Spa Professionals" or "APSP" is a
				  professional organization, which, for the purposes of this chapter, provides
				  technical materials and expertise and is located at 2111 Eisenhower Avenue,
				  Alexandria, Virginia 22314, Telephone: (703) 838-0083, Website:
www.apsp.org/Public/Home/index.cfm
.
"Authorized agent" means a licensed health officer or registered
				  environmental health specialist who is delegated to function as the agent of the
				  local health authority or the department.
"Bathing beach" means the designated area of a natural or
				  artificially constructed pond, lake, stream, river, bay, tidal waters, ocean or
				  other body of fresh or salt water, which is used for bathing and swimming purposes
				  together with buildings, equipment, and appurtenances, if any, and the land areas
				  used in connection therewith.
"Campground" means a plot of ground upon which two or more
				  campsites are located, established or maintained for occupancy by camping units of
				  the general public as temporary living quarters for children or adults, or both, for
				  a total of 15 days or more in any calendar year, for recreation, education, or
				  vacation purposes.
"Certified laboratory" means a water laboratory certified by the
				  New Jersey Department of Environmental Protection.
"Common interest community" means:
1. Property subject to the Condominium Act, P.L. 1969, c.257
				  (46:8B-1 et seq.), the Horizontal
				  Property Act, P.L. 1963, c.168 (46:8A-1 et seq.) and The
				  Continuing Care Retirement Community Regulation and Financial Disclosure Act
				  (52:27D-330 et seq.);
2. A housing corporation or association, commonly known as a
				  cooperative, which entitles the holder of a share or membership interest thereof to
				  possess and occupy for dwelling purposes a house, apartment, manufactured or mobile
				  home or other unit of housing owned or leased by the corporation or association, or
				  to lease or purchase a unit of housing constructed or to be constructed by the
				  corporation or association; or
3. Real estate with respect to which a person, by virtue of the
				  ownership of a unit, is obligated to pay for real estate taxes, insurance premiums,
				  maintenance or improvement of other real estate described in the instrument, however
				  denominated, which creates the common interest community. Ownership of a unit does
				  not include holding a lease-hold interest of less than 20 years in a unit, including
				  renewal options.
"Construct" means and includes building or installing a new public
				  recreational bathing facility or altering an existing public recreational bathing
				  facility or any of its facilities.
"Cooperative Coastal Monitoring Program" or "CCMP" means a bathing
				  beach and coastal water quality monitoring program that tests bathing beach water,
				  conducts aerial coastal surveillance, monitors ocean water pollution sources, and
				  notifies the public of beach conditions. The CCMP is a cooperative effort among the
				  New Jersey Department of Environmental Protection, the New Jersey Department of
				  Health, and a number of coastal county and local government agencies and health
				  departments.
"Deck" means areas surrounding a swimming pool which are
				  specifically constructed or installed for use by bathers.
"Deep" means water depths of five feet or greater.
"Department" means the New Jersey Department of Health.
"Department-sanctioned analytical methods" or "DSAMs" are testing
				  methods that laboratories may be certified to perform if they qualify under the
				  State Department of Environmental Protection's requirements at
N.J.A.C.
				  7:18
.
"Design professional" means an individual who is licensed as an
				  architect or professional engineer.
"Diving" means entering a body of water head first.
"Diving area" means the portion of a swimming pool, which is eight
				  feet forward of the tip of the diving board, eight feet behind the tip of the diving
				  board, and eight feet to each side of the diving board.
"Health authority" means the local health authority or the New
				  Jersey Department of Health or its authorized agent.
"Health club" means a health club that is registered with the
				  Director of the Division of Consumer Affairs in the Department of Law and Public
				  Safety pursuant to
N.J.S.A. 56:8-39
et seq.
"Hot tub or spa" means any pool having a maximum depth of 48
				  inches used in conjunction with high velocity water recirculation systems in which
				  mineral or non-mineral water is used and is not emptied after each use. Water
				  temperature is hot, cold, or ambient. The term shall not include hot tubs and spas
				  used solely for aquatic physical therapy, except as covered by N.J.A.C.
				  8:43H-21.3(e) and other applicable rules.
"Hotel" or "motel" means a commercial establishment with a
				  building of four or more dwelling units or rooms used for rental and lodging by
				  guests.
"IAF" means the International Aquatic Foundation.
"Lifeguard" means a person who holds a lifeguarding certificate
				  from an organization recognized by the New Jersey Department of Health, as listed in
N.J.A.C. 8:26
Appendix A, or:
1. For a lifeguard serving at a swimming pool or lake, a person
				  who holds a lifeguarding certificate from an organization determined by the
				  Department to meet American Red Cross training standards; or
2. For a lifeguard serving at an ocean or tidal waters facility, a
				  person who holds a lifeguarding certificate from an organization determined by the
				  Department to meet United States Lifesaving Association (USLA) training standards.
The Department maintains a list of recognized organizations on the
				  New Jersey Department of Health website at
http://www.nj.gov/health/ceohs/documents/phss/recognized_cert_list.pdf
.
"Local code officials" mean the construction, electrical, and/or
				  plumbing code officials who work for a municipality or the New Jersey Department of
				  Community Affairs and enforce the New Jersey Uniform Construction Code.
"Local health authority" means a municipal, county, or regional
				  board of health, established pursuant to
N.J.S.A.
				  26:3-1
, and its authorized
				  agents.
"Locate" means designating the site or place of a public
				  recreational bathing facility.
"Mobile home park" means a parcel of land, or two or more
				  contiguous parcels of land, containing at least 10 sites equipped for the
				  installation of mobile or manufactured homes, where these sites are under common
				  ownership and control, other than as a cooperative, for the purpose of leasing each
				  site to the owner of a mobile or manufactured home for the installation thereof, and
				  where the owner provides services, which are provided by the municipality in which
				  the park is located for property owners outside the park, which services may
				  include, but are not limited to:
1. Construction and maintenance of streets;
2. Lighting of streets and other common areas;
3. Garbage removal;
4. Snow removal; and
5. Provision for the drainage of surface water from home sites and
				  common areas.
"National Spa and Pool Institute (NSPI)" means that professional
				  organization which, for the purposes of this chapter, provides technical materials
				  and expertise and is located at 2111 Eisenhower Avenue, Alexandria, Virginia 22314
				  at (703) 838-0083.
"Nephelometric Turbidity Unit (NTU)" means the turbidity of a
				  specified concentration of formazin suspension used when measuring water
				  clarity.
"Non-bathing beach" means an area of a natural or artificially
				  constructed pond, lake, stream, river, bay, tidal waters, ocean, or other body of
				  fresh or salt water, which has not been designated by the owner or operator of the
				  property as a bathing beach, but which is used for primary contact recreation
				  (recreational activities that involve significant ingestion risks), such as surfing
				  and water-skiing. Non-bathing beaches are not covered by this chapter.
"Operate" means to conduct, maintain, or otherwise provide
				  facilities for public recreational bathing.
"Operator" means any corporation, company, association, society,
				  club, firm, partnership, joint stock company, government agency, or individual, that
				  operates a public recreational bathing facility pursuant to an agreement with the
				  owner. An owner may also be the operator.
"Owner" means any corporation, company, association, society,
				  club, firm, partnership, joint stock company, government agency, or individual, that
				  owns a public recreational bathing facility.
"Potable water" means water free from impurities present in
				  amounts sufficient to cause disease or harmful physiological effects and conforming
				  in its bacteriological and chemical quality to the requirements of the Public Health
				  Service Drinking Water Standards or the regulations of the public health authority
				  having jurisdiction.
"Primary contact recreation" means water-related recreational
				  activities that involve significant ingestion risks and includes, but is not limited
				  to, wading, swimming, and diving.
"Private lake, river, or bay, or private community lake, river, or
				  bay association" means an organization of property owners within a fixed or defined
				  geographical area with deeded or other rights to utilize, with similarly situated
				  owners, various lakefront, riverfront, or bayfront properties, which said properties
				  are not open to the general public, other than bona fide guests of a member of the
				  private lake, river, or bay or private community lake, river, or bay
				  association.
"Private marina" means a privately-owned water dependent facility
				  for the docking, servicing or storage of private boats, at which services are
				  provided on an annual, seasonal or per diem basis, and which facility is not open to
				  the general public, other than bona fide guests of boat owners eligible to use the
				  marina and which has a private swimming pool that is not open to the general public,
				  other than bona fide guests of boat owners eligible to use the marina.
"Private recreational bathing facility" means any bathing beach,
				  swimming pool, wading pool, hot tub, or spa used only by residents of one or two
				  living units, and their guests.
"Public campground" means a plot of ground upon which two or more
				  campsites are located, established, or maintained for occupancy by camping units of
				  the general public as temporary living quarters for children or adults, or both, for
				  a total of 15 days or more in any calendar year, for recreation, education, or
				  vacation purposes.
"Public recreational bathing facility" means any bathing beach,
				  hot tub, spa, swimming pool, wading pool, and aquatic recreation facility that
				  includes State, county, and municipal facilities, as well as any beach that an owner
				  or operator permits for use as a public swimming area through advertising,
				  publicity, or designation. Public recreational bathing facilities do not include a
				  non-bathing beach and/or a private recreational bathing facility.
"Retirement community" means a retirement community which is
				  registered with the Division of Housing and Development in the Department of
				  Community Affairs pursuant to "The Planned Real Estate Development Full Disclosure
				  Act," P.L. 1977, c.419 (45:22A-21 et seq.).
"Sanitary survey" means a comprehensive evaluation of the
				  environmental factors affecting the quality of the waters of a bathing beach. This
				  includes, but is not limited to, sewage and industrial wastewater discharges,
				  storm-water overflows, bird and animal populations, commercial and agricultural
				  drainage, and their relationship to the bathing beach, as well as the location and
				  volume of the pollution, and its chemical, bacterial and physical
				  characteristics.
"Shallow" means water depths less than five feet.
"Specially exempt facility" means a public recreational bathing
				  facility that is:
1. A private lake, river, or bay or private community lake, river,
				  or bay association, or private nonprofit common interest community that restricts
				  the use of its lake, river, bay, or pool, as appropriate, to the owners of units
				  thereof and their invited guests;
2. A campground, hotel, motel, mobile home park, or retirement
				  community that restricts the use of its pool to renters of the lodging units or
				  owners of the dwelling units, as appropriate, and their invited guests, or day-use
				  visitors;
3. A private marina, which restricts the use of its swimming pool
				  to owners of boats eligible to use the facilities and their invited guests;
4. A privately-owned campground, which restricts the use of a
				  swimming area other than its swimming pool to renters of the loading units or owners
				  of the dwelling units, as appropriate, and their invited guests, or day-use
				  visitors; or
5. A health club, which restricts the use of its pool to members
				  and their invited guests and does not permit the use of its pool by persons under 16
				  years of age, and in which the maximum depth of the water in the pool does not
				  exceed five feet, but does not include a health club that shares use of its pool
				  with another entity. A health club that 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, provided
				  that the health club complies with the first aid personnel and lifeguard
				  requirements of N.J.A.C. 8:26-5 while the swimming lessons, classes, or instruction
				  are taking place.
"Spray park" means a recreational facility in which water is
				  sprayed on participants, the water is recirculated, and the water may or may not
				  have depth. All spray parks are covered by this chapter regardless of whether they
				  are licensed and regulated by the New Jersey Department of Community Affairs
				  pursuant to N.J.A.C. 5:14A-12.
"Standard methods for the examination of water and wastewater"
				  means that standard which, for the purposes of this chapter, is the recognized
				  standard that provides the protocol for the microbiological water quality standards
				  for all public recreational bathing places and may be obtained from the American
				  Public Health Association.
"Swimming pool" means a watertight structure of concrete, masonry,
				  or other approved materials, located either indoors or outdoors, used for bathing,
				  wading, or swimming and filled with a filtered and disinfected water supply,
				  together with buildings, appurtenances, and equipment used in connection
				  therewith.
1. A swimming pool shall mean a conventional pool, spa-type pool,
				  wading pool, special purpose pool, or water recreation attraction, to which
				  admission may be gained with or without payment of a fee, and includes, but is not
				  limited to, pools operated by or serving campgrounds, clubs, churches, cities,
				  common interest communities, counties, day care centers, group home facilities for
				  six or more clients, health spas, institutions, parks, private lake, river, or bay
				  associations, or private community lake, river, or bay associations, State, county,
				  and municipal agencies, retirement communities, schools, specially exempt
				  facilities, subdivisions, or cooperative living type projects of three or more
				  living units, such as apartments, boarding homes, condominiums, hotels, mobile home
				  parks, motels, recreational vehicle parks, townhouses, trailer parks, and youth
				  camps.
2. The term shall not include swimming pools used solely for
				  aquatic physical therapy.
"Trained pool operator" or "TPO" means an individual who is
				  responsible for compliance with the requirements of this chapter at swimming pools,
				  wading pools, hot tubs, spas, and aquatic recreation facilities, and is certified by
				  an organization approved by the Department listed in
N.J.A.C. 8:26
Appendix A.
...
"United States Environmental Protection Agency" or "USEPA" means
				  an agency of the Federal government responsible for protecting air, land, water, and
				  other natural resources through monitoring and enforcement of environmental laws and
				  regulations. The agency may be contacted as follows: Environmental Protection
				  Agency, 1200 Pennsylvania Avenue N.W., Washington, D.C. 20460. Telephone number:
				  202-272-0167,
www.epa.gov
.
"United States Lifesaving Association" or "USLA" means a nonprofit
				  organization, which, for purposes of this chapter, provides open water lifeguard
				  training and certification. The organization may be contacted as follows: United
				  States Lifesaving Association, PO Box 366, Huntington Beach, CA 92648, Telephone
				  number: 866-367-8752, www.usla.org.
1. Lifeguard training and certification standards may be found at
				  http://www.usla.org/?page=AGENCYCERT.
"User load" means the number of persons in the swimming pool, hot
				  tub, or spa at any given moment, or during any stated period of time.
"Wading pool" means a swimming pool that ranges in water depth
				  from zero to two feet and is used for wading.
"Water slide" means a water amusement ride using gravity to convey
				  riders independently or riding on a sled, mat, or inflatable device, which empties
				  into a catch pool or a run-out.