April 2018

2 0 1 8 C H A N G E S R e c r e a t i o n a l B a t h i n g C o d e t o T h e N e w J e r s e y P u b l i c By Beth Barnett and Benjamin Basch, American Pool Enterprises

I n the State of New Jersey, public recreational bathing facilities are governed by the New Jersey State Sanitary Code Chapter IX Public Recreational Bathing, N.J.A.C. 8:26 (the “Code”). In January of 2018, the New Jersey Department of Health formally adopted amendments to the Code aimed at improving the safety and operation of swimming pools across the State. With an effective date of January 16, 2018, swimming pool owners, community managers and board of directors should rely on multi-family industry professionals to review the updates and adjust their operating plans as required. This article is designed to give a basic, but not exhaustive, overview of the changes to the Code and provide readers with insight as to how their community may be affected by the new rules. While a community may refer to its swimming pool as a “private” amenity, the state of New Jersey con- tinues to define a community pool serving more than

two residential units as a public recreational bathing facility that must comply with the provisions set forth in the Code. The purpose of the Code is to set safety and sanitary expectations for swimming pools operat- ing throughout the state in the interest of public health. Now that we have taken a moment to explain what Chapter IX of the Code is and how it applies to com- munity swimming pools, it is time to dive into the new changes that are most relevant to community manag- ers and boards of directors. The changes are broken down below into four main sections: Administrative; Equipment; Supervision and Management; and Mechanical. Administrative The new Code requires that a specific checklist be completed and signed by the pool owner or their Trained Pool Operator (TPO ) at least 21 days prior to the pool opening each season. This document can

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