Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Friday, January 23, 2015

NJAC 8:26-5.2 Swimming pool supervision

NJAC 8:26-5.2 Swimming pool supervision
(a) A swimming pool shall be under the management of a designated adult supervisor who is knowledgeable of these rules and who shall be responsible for all phases of the operation. The name and telephone number of the designated adult supervisor shall be conspicuously posted.
(b) At least one person currently certified in standard first aid and professional level infant, child, and adult cardiopulmonary resuscitation (CPR) by a Department of Health and Senior Services approved organization as listed in the Appendix shall be on the premises, available, and readily accessible when the swimming pool is in use. If the trained and qualified personnel are not stationed at the swimming pool side, then the facility shall conspicuously post a sign indicating the location and method of access of such personnel. The facility shall demonstrate to the health authority that said personnel are available, in reasonable proximity to the swimming pool, and can be easily contacted to enable them to render the necessary and appropriate assistance in a timely manner.
1. CPR retraining shall only be required when an individual's current certification expires.
(c) The maintenance and mechanical operation of a swimming pool shall be under the supervision of a trained pool operator. The trained pool operator shall be available for mechanical and maintenance repairs and detection. The trained pool operator shall have completed a pool operator course and shall have certification from a Department of Health and Senior Services approved organization as listed in the Appendix.
(d) At least one lifeguard certified by an organization recognized by the Department of Health and Senior Services as listed in the Appendix shall be on duty for 60 or less swimmers at all times when the swimming pool is in use. Additional lifeguards shall be required depending on bather load, bather activities, size and configuration of the swimming pool, and amount of surface area for shallow and deep water areas, emergencies, and lifeguard's ability to see bathers. All on-duty lifeguards shall be identified by distinguishing apparel or emblems. Lifeguards who are assigned to swimming pool supervision shall not have duties that would distract 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. Each lifeguard shall be equipped with a whistle or other signaling device.
(e) Lifeguard platforms or stands shall be provided for swimming pools where water surface area is greater than 2,000 square feet. Lifeguard platforms or stands shall be elevated and located at the water's edge so as to provide a clear unobstructed view of the swimming pool surface and bottom.
(f) Each facility shall establish a written aquatics supervision plan. This plan shall be maintained on- site. It shall be implemented by each facility and shall contain information including, but not limited to:
6. The location of first aid and rescue equipment; and
7. Staff emergency procedures.
8:26-5.3 Emergency equipment for swimming pools
(a) Swimming pools shall be provided with the following readily accessible emergency equipment:
1. Two or more assist poles or life hooks;
2. One or more rescue tubes for each lifeguard on duty;
i. For specially exempt facilities, at least two ring or rescue buoys approved by the United States Coast Guard or Underwriter Laboratories.
3. A first aid kit (see Appendix) approved by the Department of Health and Senior Services. The kit shall be available at all times during bathing periods and shall be fully restocked within 24 hours of use;
4. A full spine board complete with ties, head restraints and/or straps that meet the design requirements as specified at N.J.A.C. 8:40;
5. An emergency care area for swimming pools capable of accommodating 500 or more patrons; and
6. A telephone, radio, signaling device, or other health authority approved means of communication shall be located near the lifeguard station for emergency use. Commercial pay telephones shall be permitted for this purpose provided that coin deposit is not needed to access emergency assistance. Emergency numbers of the nearest rescue squad, physician, ambulance, police department, hospital, clinic, or other appropriate entity shall be posted in a weather-resistant display, adjacent to the telephone.