Assemblymen Jeff Van Drew and Nelson Albano

VAN DREW/ALBANO CHILD-SAFETY POOL BILL PASSES ASSEMBLY
Measure Would Require Safety Measures to Protect Children Near Swimming Areas

(TRENTON) -- The Assembly today released legislation Assemblymen Jeff Van Drew and Nelson Albano sponsored to protect children from drowning accidents at pools operated by hotels, motels, campgrounds, mobile home parks, private marinas, and retirement communities.
"It is totally unacceptable and unthinkable for young children to be left unsupervised near swimming areas," said Van Drew (D-Cape May). "In the interest of saving lives, New Jersey needs to encourage parental supervision of children in pools and shield entities like hotels and motels from lawsuits."

The bill (A-1040) would require parents to sign a pledge to accept full responsibility for a child prior to a child being permitted in a swimming area. The bill also would impose fines on adults who leave children under age 16 unattended around pools. Parents or guardians could be fined up to $250 for a first offense and up to $1,000 for subsequent offenses.

"This legislation would provide a safety-net of protection for our children by allowing them in public pool areas only when their parent or guardian is supervising their swim and play," said Albano (D-Cape May). "By holding an adult responsible for watching children in swimming areas, we are significantly reducing the risk of another child accidentally drowning."

The measure comes is in response to several drownings or near-drowning incidents at hotel/motel pools in the Wildwoods region during the summer of 2004. In each case, the children were under age 10. The flurry of concern began with the death of Ashante Green, a six-year-old Jersey City girl, who drowned in an unsupervised pool at the Madrid Motel in Wildwood Crest on May 29, 2004.

Lifeguards are currently in short supply, and the state does not require hotel or motel owners to provide poolside lifeguards.

"Many lodges would like to safeguard guests by employing lifeguards, but there is a shortage," said Van Drew. "This is the best alternative to keep children as safe as possible, while enabling motels and hotels to keep their pools open."

The bill also would require additional safety precautions from management personnel at facilities that have swimming pools without lifeguards. Entities that permit children under age 16 to use swimming facilities would be required to include notice that the swimming area is not supervised by lifeguards in any information packets they provide to guests, at registration locations at their facility, as well as in guest rooms and suites.

The legislation would direct the Department of Health and Senior Services (DHSS) to create a pamphlet in English and Spanish with information on the rules of the swimming areas and pools and safety measures on how to protect children using swimming areas and pools. The DHSS also would be required to include statistical data about the number of swimming-related deaths and injuries that occur annually and any other relevant information in the pamphlets. Finally, the measure would require DHSS to make all pool safety pamphlets available on the department’s Web site to allow management at a facility to print the safety information for guests and to post in common areas.

Facilities that do not have lifeguards but have their pools observed by employees with current certification in child and infant cardiopulmonary resuscitation by the American Red Cross or American Heart Association or other course approved by DHSS would be exempt from the notification requirements.

Facilities that do not have lifeguards would be subject to random on-site inspections by state and local health code enforcing entities.

The Assembly released the bill 78 - 1. It now goes to the Senate for further consideration.

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FOR RELEASE:
January 29, 2007
CONTACT:
Assemblyman Van Drew
Assemblyman Albano
(609) 381-6150
(609) 465-0700