N.J. Admin. Code § 3A:55-9.1 - General requirements

(a) The requirements of this subchapter shall apply to any facility that provides or contracts for adventure activities that may include, but are not limited to:

1. Biking;

2. Canoeing, kayaking and tubing;

3. Caving;

4. Hiking;

5. Horseback riding;

6. Ropes initiatives and rock climbing;

7. Sailing and boating;

8. Snow skiing;

9. Solos;

10. Swimming;

11. Water skiing; and

12. Camping.

(b) All facilities whose program consists primarily of adventure activities shall maintain on file a written statement of purpose that shall identify the following:

1. The facility's philosophy, goals, and objectives;

2. Characteristics of the children to be served;

3. Types of adventure activities that a child may participate in and other treatment services provided to the children, including those provided directly by the facility and those services that may be provided in cooperation with community agencies or outside individuals;

4. Procedures for implementing those services; and

5. Criteria for successful completion of the program.

(c) For facilities whose program consists primarily of adventure activities, the facility shall describe to the child and the parents prior to admission to the facility, the types of adventure activities in which the child will be asked to participate. This discussion shall include:

1. An explanation of the anticipated benefits of the activity;

2. A description of the potential risks of the activity, as well as an explanation of how the facility will take precautions to minimize risks; and

3. A statement that the facility will not force or coerce a child to participate in any adventure activity, as specified in (i) below.

(d) For facilities whose program does not consist primarily of adventure activities, the facility shall discuss with the child and his or her parents the information specified above before the child is scheduled to participate in the activity.

(e) The facility shall document in the child's record that a staff member discussed the information specified in (c) and (d) above.

(f) The facility shall maintain on file at the facility's administrative office a list of all children and staff members who participate in an adventure activity that occurs away from the grounds of the facility.

(g) The facility shall have a fully-stocked first aid kit that is activity-appropriate and available whenever an activity occurs off-grounds.

(h) The facility shall ensure that all children and staff members receive instruction about the value of the activity and necessary safety precautions, such as how to prevent dehydration, frostbite, heat exhaustion, hyperthermia, hypothermia, poisoning from plants and animals, sun poisoning, snow blindness, or drowning.

(i) The facility shall not force or coerce a child to participate in any adventure activity, but may require a child to observe an adventure activity to assist the child in overcoming his or her fears of a particular activity or to foster an interest in participating in a particular activity.

(j) The facility shall not engage in any activities requiring or involving firearms nor permit staff to have firearms.

(k) The facility shall prohibit airborne activities including bungee jumping, hang gliding and parachuting.

(l) The facility shall not permit children to use power tools and lawn mowers unless the children wear protective safety glasses and work shoes or boots, and are under the direct supervision of staff members.

(m) The facility shall not allow children or staff members to participate in manufacturer's tests of new adventure equipment.

(n) For all water and outdoor trips away from the grounds or campsites, the facility shall modify or cancel the activity if there is a threat of a severe storm or similar environmental hazard.

(o) The facility shall not allow children to engage in water activities where the water is known to have hazardous wastes, such as waters that have been contaminated by toxins, sewage, or chemicals.

(p) The facility shall ensure that all water from streams, ponds, lakes, and rivers that is used for drinking, food preparation, and dishwashing is first boiled, filtered, or purified with iodine or tablets specifically designed to purify water.

(q) The facility shall ensure that all children receive instruction in the use of personal floatation devices (life jackets) prior to their participation in water activities.

Notes

N.J. Admin. Code § 3A:55-9.1

Administrative Change, 49 N.J.R. 98a. Amended by 50 N.J.R. 285(a), effective 1/16/2018