Bill Text: NJ A1577 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires certain pools, spas and hot tubs comply with certain barrier requirements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1577 Detail]
Download: New_Jersey-2010-A1577-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblywoman NELLIE POU
District 35 (Bergen and Passaic)
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Requires certain pools, spas and hot tubs comply with certain barrier requirements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the installation of pool barriers and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The regulations adopted by the commissioner pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) for the design and installation of pool barriers shall be applicable to all pre-existing residential swimming pools, spas and hot tubs and an owner of a pre-existing residential swimming pool, spa or hot tub shall comply with those regulations. The regulations shall be enforced in accordance with subsection b. of this section. This subsection shall not apply to any swimming pool, spa or hot tub which is subject to the requirements of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), or to any preexisting pool, spa or hot tub which was constructed subject to a municipal ordinance containing requirements which substantially met the requirements of the current State Uniform Construction Code.
For the purposes of this section, "pre-existing" shall mean those pools, spas and hot tubs which were constructed prior to the adoption by the Commissioner of Community Affairs of standards for design and construction for swimming pools, spas and hot tubs as part of the State Uniform Construction Code.
b. Whenever a change of occupancy occurs of any dwelling unit located on property which contains a swimming pool, spa or hot tub which is subject to the provisions of subsection a. of this section and which is available for use by such dwelling unit, no certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises shall be issued until the officer or agency responsible for its issuance has determined that the swimming pool, spa or hot tub to which the dwelling unit has rights to access complies with subsection a. of this section.
c. An owner who sells, leases or otherwise permits occupancy of a dwelling unit without obtaining a certification of compliance with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the municipality by summary proceedings in municipal court pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill would require all pre-existing residential swimming pools, spas and hot tubs to conform to regulations adopted by the commissioner pursuant to the "State Uniform Construction Code Act" for the design and installation of pool barriers. Currently, only newly constructed pools, spas and hot tubs, that is, those pools built subsequent to the adoption of the relevant building code provision, need to comply with the code. The bill would not apply to those pools, hot tubs and spas which are required to be inspected under the Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), and are thus subject to separate pool barrier requirements.
The requirement of the bill to have pool barriers installed in accordance with the building code is to be enforced only upon a change of occupancy in a dwelling unit which has access to a pool, spa or hot tub. The bill sets a $100 penalty for non-compliance by a unit owner, which will be collected by the code enforcing agent and may be collected in a summary fashion under the "Penalty Enforcement Law of 1999.
