N.J. Admin. Code § 5:23-7.16

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:23-7.16 - Recreation

(a) All facilities, equipment, and sites or portions thereof, intended for outdoor active or passive recreation shall meet all applicable requirements of this subchapter in addition to the provisions of 5:23-7.17 through 7.32. All support facilities and site access points required to be on an accessible route of travel shall be made accessible in accordance with the applicable provisions of this subchapter.

1. Indoor recreational facilities shall be on an accessible route of travel and shall comply with all applicable requirements of this subchapter.

(b) Compliance with the provisions of this subchapter that relate to the accessibility of recreational equipment or recreation sites shall be the responsibility of the manager of that recreational facility, of the owner of that facility, whether publicly or privately held, and of the agency responsible for the administration of that facility.

1. The facility manager and/or the facility owner or agency responsible for administration of the facility shall certify, in writing, that any work performed complies with all applicable provisions of this subchapter and shall retain this certification on file.

2. The enforcement of the accessibility features of recreational equipment notwithstanding, the construction of recreational equipment may require a construction permit if so determined by the building subcode official.

3. The enforcement of the requirements for swimming pools, including the accessibility features, shall be the responsibility of the building subcode official.

4. Complaints regarding lack of enforcement of these provisions shall be directed to the facility manager and the facility owner or agency responsible for administration of the facility. The facility manager shall respond within 30 days to any written complaint received detailing the position taken with respect to this complaint. If the facility manager fails to respond in a manner satisfactory to the party registering the complaint, then that party shall have recourse to the appeals process as set forth at 5:23-2.38 and 3.11.

5. Any alteration, renovation and/or addition to any existing recreational facility, the cost of which meets or exceeds the limit set forth in 40A:11-3, shall be performed in compliance with all applicable provisions of this subchapter. This limit shall apply to both privately- and publicly-owned recreational facilities. If it is feasible to achieve a greater degree of compliance with this subchapter with respect to the entire recreation area, then the facility manager may make alterations, renovations or additions in compliance with the applicable provisions of this subchapter to other facilities or equipment in lieu of the facility or equipment originally being altered, renovated and/or added.

i. Notwithstanding the above provisions, no alteration, renovation or addition shall be made which reduces or diminishes the degree to which any facility meets the criteria of this subchapter.

N.J. Admin. Code § 5:23-7.16

New Rule, R.1988 d.352, effective 8/1/1988.
See: 19 N.J.R. 1270(a), 20 N.J.R. 1873(b).
Amended by R.1995 d.144, effective 3/20/1995 (operative July 1, 1995).
See: 26 N.J.R. 2698(a), 26 N.J.R. 3524(a), 27 N.J.R. 1180(a).
Amended by R.1996 d.132, effective 3/18/1996 (operative July 1, 1996).
See: 27 N.J.R. 3870(a), 28 N.J.R. 1505(a).
Amended by R.1996, d.274, effective 6/17/1996 (operative October 1, 1996).
See: 28 N.J.R. 1443(a), 28 N.J.R. 3121(a).
Amended (b), added (b)2 and 3 and recodified former (b)2 and 3 as (b)4 and 5.
Recodified from N.J.A.C. 5:23-7.2 and amended by R.1999 d.105, effective 4/5/1999.
See: 30 N.J.R. 2972(a), 31 N.J.R. 852(a).
In (a), changed N.J.A.C. reference in the introductory paragraph. Former N.J.A.C. 5:32-7.15, Recreation: trails, recodified to N.J.A.C. 5:23-7.28.
Amended by R.2002 d.350, effective 11/4/2002.
See: 34 N.J.R. 626(a), 34 N.J.R. 3772(a).
In (b)3, deleted the N.J.A.C. reference.
Recodified from N.J.A.C. 5:23-7.15 and amended by R.2007 d.144, effective 5/7/2007.
See: 38 N.J.R. 4962(a), 39 N.J.R. 1683(a).
In the introductory paragraph of (a), updated the N.J.A.C. references.
Former N.J.A.C. 5:23-7.16, Recreation: definitions, recodified to N.J.A.C. 5:23-7.17.