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Do Community Association Pools Need Lifeguards?
April 9, 2019 Posted in Community Association Law Share
In New Jersey, community associations may not realize that the rules surrounding pool safety implementations are not the same as they used to be. However, Associations may fall into an exemption from the requirements relating to lifeguards under New Jersey Statute and thus, may be exempt from such requirements.
New lifeguard requirements and Exemptions
In early 2018, New Jersey enacted new regulations concerning lifeguard requirements. The initial reaction to the new regulations was that community associations can no longer have one lifeguard perform duties such as pool supervision and observation, while also checking the badges of members or guests. Additionally, it has been argued that the new code requires a second lifeguard at swimming pools with greater than 2,000 square feet of surface area. N.J.A.C. 8:26-5.2(d)(2). However, there is further language in the new regulations that appear to make these requirements inapplicable to community associations. The plain language of certain paragraphs would seem to indicate that community associations are therefore exempt from these requirements under revised regulations.
Specifically, the scope of the new code governs “all public recreational bathing facilities in New Jersey.” N.J.A.C. 8:26-1.2. However, the definition section defines the words, “specifically exempt facility” to include, “A private non-profit common interest community that restricts the use of its … pool… to the owners or units thereof and their invited guests.” N.J.A.C. 8:26-1.3.
There are only a few areas in which “specifically exempt facilities” do not have to comply with the new regulations. One of them, however, is N.J.A.C. 8:26-5.1, which states that “specifically exempt facilities shall be exempt from mandatory compliance with the first aid personnel and lifeguard requirements of this subchapter at N.J.A.C. 8:26-5.2(b), (b)1, (d) and (e)…” Since the lifeguard requirements are mentioned in N.J.A.C. 8:26-5.2(d), they would fall within the exemption. Thus, community associations who restrict the use of its pool to Members and their guests are exempt from complying with the new lifeguard requirements mentioned above.
It’s also worth noting that the exemption will not apply to community association pools that has a functional diving board, water slide or other recreational appurtenance that may present an increased safety risk or hazard. N.J.A.C. 8:26-5.1(a)(2).
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