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The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1 et seq. ("the Code") was recently amended in ways that will impact community associations (e.g., condominium and homeowners' associations) having at least three dwelling units. These changes to the Code range from minor housekeeping matters to more significant operational and administrative matters that associations must address. The amended Code is generally divided into two categories: requirements for opening a pool and requirements when the pool is in use. With respect to opening a pool, associations must complete a form checklist and submit same to a municipality's local health authority or the New Jersey Department of Health at least 21 days before opening the pool. Certain equipment such as first aid kits and other life-saving devices must be upgraded. Additional signage including an emergency phone number must also be posted in a conspicuous location. During pool season, a trained pool operator must inspect the pool and provide a written report based on the findings of each visit. Personnel certifications, daily inspection of the pool and water testing are all impacted by these new regulations. The new regulations also require at least one lifeguard for pools less than 2,000 square feet with fewer than 61 bathers and at least two guards where the pool is over 2,000 square feet. A copy of the newly amended Code can be found at the following link: http://www.nj.gov/health/ceohs/documents/phss/recbathing.pdf

There are many other changes to the Code that warrant review with legal counsel. If your association is in need of advice on this issue or any other issue regarding your association, please contact Ray Went at (609) 927-1177.

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