The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted.
Some of these changes are minor and most community associations will have no difficulty adapting to them. Other changes will result in increased costs to pool vendors, which may be passed onto the association. A few of these new requirements will require substantial unexpected and unbudgeted costs to associations. There may even be some confusion regarding who is obligated to comply with the Bathing Code.
All New Jersey Community Associations Must Comply With the Bathing Code
One may think that the Public Recreational Bathing Code would not apply to private community association pools. However, community association swimming pools, wading pools, and hot tubs/spas are considered public recreational bathing facilities as long as they are used by three or more dwelling units. Even though the general public cannot use these facilities, they must be operated in compliance with the Bathing Code.