New Jersey Law Update: Legionnaires’ Disease Act and Impacts for Community Associations
Effective September 12, 2024, the New Jersey Legislature approved legislation addressing Legionella bacteria1 prevention in New Jersey water systems. This law supplements the “Safe Drinking Water Act” (N.J.S.A. § 58:12A-1 et seq.) and requires certain buildings managed by community associations to develop within 24 months, and implement within 27 months, a water management program. Given that these September and December 2026 deadlines are quickly approaching, those community associations managing the types of buildings described in this
article should be aware of these requirements.
This legislation necessitates that certain buildings implement water management programs consistent with industry standards published by ASHRAE2 the, or comparable standards adopted by nationally recognized, accepted, and appropriate organizations. These requirements exclude residential properties with four or fewer dwelling units.
Who does this apply to, and when?
This law applies to community associations which fall within two categories. First, any buildings containing water-related features such as a whirlpool, spa, pool, cooling tower, evaporative condenser, indoor ornamental fountains, misters, humidifiers, or other non-potable water systems or devices releasing water aerosols in the building or on the property in which the building is located are required to develop a water management program. Notably, this requirement applies only to the specific device itself, and the building must only develop and implement the water management plan as related to each applicable device.
Additionally, any residential high-rise structures with six or more floors and one or more centralized potable water-heater systems must also develop and implement a water management program. No later than December of this year buildings must implement the developed water management program. Buildings meeting the requirements of the preceding or this paragraph are referred to below as “covered buildings.”
If this applies to my community association, in addition to the water management program what else do we have to do?
Provided there have been no outbreaks of Legionnaire’s disease linked to a covered building or federal law does not require periodic water testing, community associations are not required to implement periodic water sampling and testing for bacteria but they may choose to include periodic water sampling and testing for bacteria in their water management program.
Once a community association has complied with the statutory requirement implementing and developing a water management program consistent with ASHRAE or comparably approved standards, they are required to post a written notice on the building’s premises in a location easily accessible to building occupants noting that the program has been implemented.
Associations are also required to maintain all records relating to the establishment of required water management procedures and make them available upon request of the Department of Community Affairs, Department of Environmental Protection, Department of Health, or any other department or agency with authority to confirm that such program was developed.
The owner or operator of a covered building implementing this program must maintain the written water management program and all documentation and records concerning the procedures conducted including but not limited to water testing and must be made available to the Department of Health immediately upon request.
Are there fines or penalties for non-compliance?
Penalties for non-compliance of this statute, including but not limited to the failure to implement or demonstrate compliance with the water management program, provide required notice, or failure to report a positive Legionella water system test or mitigate its presence can result in civil penalties of up to $2,000 for the first violation and $5,000 for a second or subsequent violation. Any violation which results in serious injury or death to any person carries a civil administrative penalty of not more than $10,000.
Is there further guidance to assist with compliance?
The New Jersey Department of Health is required to develop and make guidance available for developing and implementing these water management programs to include complying with record-keeping requirements and best practices for water sampling. New Jersey Department of Health guidance relating to Legionnaires’ disease can be located here.
Overall, community associations maintaining any devices releasing water aerosols in the building or on the property or that are six or more floors and one or more centralized potable water-heater systems should keep the following in mind:
- A water management program consistent with ASHRAE or comparable standards must be developed by September 2026 and implemented by December 2026.
- Notice indicating compliance must be posted on the premises in an easily accessible location.
- The water management program and all records relating to the program must be kept on the premises and readily available for agency inspection.
- Fines and penalties can be assessed for non-compliance.
- Further New Jersey Department of Health guidance is available here.
This client alert is a brief overview of the new statute; however, it is not intended to set forth in detail every provision of the law. This client alert is not legal advice, which can be obtained only after Becker NE P.C. has been retained and provided all requested information in order to provide a legal opinion.
Becker NE P.C.’s New Jersey and New York area Condo, Co-Op, & HOA practice group assists boards and management, among other matters, in preparing for and conducting meetings, answering questions about documents and pertinent law, enforcing covenants and restrictions, interfacing with governmental authorities, collecting delinquent common expense fees, drafting and negotiating service contracts, and representing community associations in lawsuits. For more information, visit the New Jersey Condo, Co-Op & HOA page.
1 Legionella bacteria can cause Legionnaires’ disease.
2 American Society of Heating, Refrigeration, and Air Conditioning Engineers (“ASHRAE”) Standard 188-2018.
