HEALTH PUBLIC HEALTH SERVICES BRANCH …

1 49 NJR 8(1). August 7, 2017. Filed July 17, 2017. HEALTH . PUBLIC HEALTH SERVICES BRANCH . DIVISION OF consumer , environmental AND occupational HEALTH . PUBLIC Recreational Bathing Proposed Repeals and New Rules: 8 , , , , , , , and Proposed Amendments: 8:26-1, , , , , , , , , , , , , , , , , , , , , , 5, 6, 7, and 8. Proposed New Rules: 8 , , , , , , , , and and 8:26 Appendices A through F. Proposed Repeals: 8 through , , , , , , , and and 8:26 Appendix Authorized By: Cathleen D. Bennett, Commissioner, Department of HEALTH , in consultation with the PUBLIC HEALTH Council. Authority: 26:1A-7 and 26:4A-7. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2017-143. Submit electronic comments to , or written comments to the address below, by October 6, 2017, to: Joy L. Lindo, Director Office of Legal and Regulatory Compliance Office of the Commissioner Department of HEALTH PO Box 360.

2 Trenton, NJ 08625-0360. The agency proposal follows: Summary The Department of HEALTH (Department) proposes amendments, repeals, and new rules at 8:26 to implement the provisions of the State Sanitary Code affecting PUBLIC Recreational Bathing as established by the PUBLIC HEALTH Council pursuant to 26:1A-7 and 26:4A-7. Reorganization Plan No. 003-2005. (Governor Codey) (37 2735(a)), recast the role of the PUBLIC HEALTH Council as being of a consultative and advisory nature in relation to the powers of the Commissioner of HEALTH . 8:26 would continue to establish sanitary and safety standards for PUBLIC recreational bathing facilities, which are non-private bathing beaches, hot tubs and spas, swimming and wading pools, lake fronts, and aquatic recreation facilities. In order to maintain these rules in effect while finalizing amendments, repeals, and new rules to this chapter, the Department readopted 8:26 without change effective August 5, 2016.

3 See at 49 200(a). Previously, when 8:26 was readopted without change on October 9, 2009, at 41 3799(a), the Department indicated in its response to comments that it was readopting the existing rules in order to maintain PUBLIC HEALTH and safety standards while it reviewed 8:26 for consistency with the Virginia Graeme Baker Pool and Spa Safety Act (Baker Act), Pub. 2. L. 110-140, codified at 15 8001 through 8007, and amending the consumer Product Safety Act, 15 2051 et seq. The Department also stated in its response to comments that it would assemble a workgroup of interested parties to review 8:26 and make recommendations for amendments to update the rules. The Department has completed both of these endeavors. The Department discusses its review of 8:26 for consistency with the Baker Act further in the Federal Standards Statement, below. The Department convened a group of interested parties to review existing 8:26 and discuss amendments to the rule to improve its protection of PUBLIC HEALTH .

4 Participating organizations and agencies included local and county HEALTH departments, the New Jersey Department of Community Affairs, Clean Ocean Action, the New Jersey Department of environmental Protection, a private water quality testing laboratory, water park operators, a private lake operator, the Red Cross, the Northeast Spa and Pool Association, the American Camping Association, pool operators, the New Jersey environmental HEALTH Association, the New Jersey HEALTH Officers Association, the South Jersey Lifeguard Chiefs, and the United States Lifesaving Association. The Department convened eight meetings over the course of two months. The Department has taken into account all of the suggested amendments advanced by the above organizations and has incorporated many of them into the rulemaking being proposed. The Department proposes changes to every subchapter of 8:26.

5 The Department proposes amendments to improve syntax and grammar, to redefine terms, and to make technical and substantive changes resulting in recodifications throughout the chapter. Throughout the chapter contact information is updated and references to 3. the Department of HEALTH and Senior SERVICES are updated to Department of HEALTH , . pursuant to 2012, c. 17. A summary of the proposed amendments, repeals, and new rules follows. Throughout the proposed rulemaking, the phrase PUBLIC recreational bathing facility (or facilities) would replace the phrase PUBLIC recreational bathing place . because the word facility is more descriptive than the term place.. Throughout the proposed rulemaking, the phrase local HEALTH authorities would replace the phrase local departments of HEALTH . This change is appropriate because the phrase local HEALTH authorities reflects the fact that numerous municipalities may not have a local board of HEALTH or the municipality may contract with a county or regional HEALTH department for local HEALTH SERVICES .

6 The proposed rule amendments at 8 would change or add several defined terms. The Department proposes to amend the definition of the word alter to include altered and alteration in order to increase the versatility of this defined term as it is used throughout the rules in different contexts. The Department proposes to add a new definition for American PUBLIC HEALTH Association in order to define the source organization for "standard methods for the examination of water and wastewater," another defined term. The Department proposes to add a new definition for the American Red Cross in order to define the organization and to establish where the organization's lifeguard training standards may be found. The Department proposes to delete the definition of approved because the Department does not grant approvals and retention of this definition would, therefore, not add meaning or clarity to any of the substantive rules in the chapter.

7 The Department proposes to add a new 4. definition for aquatic activity area, which is an area containing aquatic play equipment that is regulated by the New Jersey Department of Community Affairs. The Department proposes to add a new definition for aquatic play equipment which would specify the types of equipment that can be found at an aquatic activity area. The Department proposes to add a new definition for aquatic recreation facility, which is a recreation facility that contains water-based facilities covered by this chapter. With the exception of spray parks, these facilities are licensed and regulated by the New Jersey Department of Community Affairs. The Department proposes to add a new definition for Association of Pool and Spa Professionals because the National Spa and Pool Institute changed its name to the Association of Pool and Spa Professionals.

8 The Department proposes to amend the definition of authorized agent to replace the term sanitary inspector with the term registered environmental HEALTH specialist, which is a more descriptive professional title. The Department proposes to amend the definition of campground to be renamed PUBLIC campground for consistency with 8:22, PUBLIC Campgrounds. The Department proposes to amend the definition of common interest community to more accurately match the definition of this term provided by 2A:62A-12, which provides that ownership of a unit does not include holding a leasehold interest of less than 20 years in a unit, including renewal options. The Department proposes to add a new definition for Cooperative Coastal Monitoring Program, as this program would be used to establish water quality criteria and testing procedures throughout the chapter, as amended.

9 The Department would add a new definition of Department-sanctioned analytical methods or DSAMs because the New Jersey Department of environmental 5. Protection (NJDEP) uses this term to define the methodologies required for laboratory certification. The Department proposes to add a new definition for design professional to establish the licensure requirements that would be required for individuals that design certain PUBLIC recreational bathing facilities. The Department proposes to amend the definition of HEALTH authority to more simply specify that it means the Department or the local HEALTH authority, both of which would also be defined terms. The Department proposes to add a new definition of HEALTH club pursuant to 2009, c. 31, which amended 26:4A-4. The Department proposes to amend the definition of hot tub or spa to exempt hot tubs and spas used solely for aquatic physical therapy.

10 The Department proposes to add a new definition for International Aquatic Foundation to facilitate an understanding of this organization as it is used in the chapter. The Department proposes to amend the definition of lifeguard to establish that the Department will recognize lifeguarding certificates from the organizations listed in 8:26 Appendix A and also from any organization that meets either American Red Cross or United States Lifesaving Association training standards as determined by the Department. The Department proposes to add a new definition for local code officials to facilitate an understanding that these are the officials who must approve the physical construction of a PUBLIC recreational bathing facility as compliant with the New Jersey Uniform Construction Code (UCC). The Department proposes to add a new definition for local HEALTH authority to establish that it means a local, county, or regional HEALTH department created under 26:3-1.