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NJ LEGISLATURE ENACTS LEGIONELLA PREVENTION REQUIREMENTS: WHAT CONDOMINIUM ASSOCIATIONS, APARTMENT OWNERS, & PROPERTY MANAGERS NEED TO KNOW
By July 23, 2026 Posted in Community Association Law Share
On September 12, 2024, New Jersey approved S.2188/A.1970 (2024), now codified at N.J.S.A. §§ 58:12A-12.10 through -12.13 and N.J.S.A. §§ 26:1A-139 through -142. This new law is aimed at preventing and controlling Legionnaires’ disease by increasing oversight of certain public community water systems and certain buildings with water systems that may create increased risk.
Beyond just focusing on public water systems, this legislation also affects certain building owners and operators. Depending on the building and its water systems, the law may affect condominium associations, apartment owners, and property management companies.
To begin, some details about the legislation: The law imposes new requirements on certain public community water systems. Specifically, covered public community water systems with more than 100 service connections must maintain minimum disinfectant residual levels throughout the active parts of their systems. Systems using chlorine must maintain at least 0.3 milligrams per liter of free chlorine. Systems using chloramine must maintain at least 1.0 milligrams per liter of monochloramine.
That said, this requirement does not apply to every water system in the State. The law applies to a public community water system with more than 100 service connections that is served fully or partially by surface water, groundwater under the influence of surface water, or another public water system as determined by the Department of Environmental Protection (“DEP”) for the protection of public health. The law also requires DEP to develop best management practices for public community water systems. Separately, public community water systems covered by the law must develop and implement distribution system maintenance plans. Those plans will need to follow DEP’s best management practices and any rules and regulations adopted by DEP.
The law also addresses disruptions to public community water systems. A “disruption” is defined broadly and includes events that may lessen water quality or increase the risk of exposure to pathogens such as Legionella bacteria, such as an unplanned catastrophic event disrupting normal water system operations, a change in the source of drinking water, or other conditions DEP finds may create a risk to water quality. Covered public community water systems will need to report disruptions to DEP within seventy-two (72) hours.
For condominium associations, apartment owners, and property managers, the more important part of the law is likely the water management program requirement. This section of the law is coming into effect in September 2026.
Under this section of the law, certain buildings and facilities must develop a water management program designed to minimize the growth and transmission of Legionella bacteria. These programs must be consistent with ASHRAE Standard 188-2018, later versions of that standard, or comparable standards adopted by a nationally recognized organization.
The law applies to several categories of buildings and facilities, including: hospitals, nursing homes, assisted living facilities, and certain correctional facilities. The law also applies to certain buildings with devices or systems that can release water aerosols (e.g., whirlpools, spas, pools, cooling towers, etc.). However, for buildings with these types of devices, the water management program generally needs to cover the device itself. The owner or operator does not necessarily need to create a water management program for the entire building unless another part of the law requires it.
The law also applies to a residential high-rise structure with six (6) or more floors and one or more centralized potable water-heater systems. It also applies to buildings with centralized potable water-heater systems shared by twenty-five (25) or more transient use housing units, such as hotels or motels. In addition, it applies to certain senior or subsidized residential buildings with centralized potable water-heater systems shared by twenty-five (25) or more housing units.
There is also a catch-all for outbreak-related properties. If a residential, commercial, institutional, or industrial building is associated with an outbreak of Legionnaires’ disease, the Department of Health (“DOH”) or a local health officer may require a water management program even if the building would not otherwise be covered.
Residential properties with four (4) or fewer dwelling units are excluded from this part of the law.
The deadlines are important. Covered buildings and facilities must develop water management programs no later than twenty-four (24) months after the law’s effective date. Because the law took effect on September 12, 2024, that means the development deadline is September 12, 2026. Covered buildings and facilities must then implement the procedures in their water management programs no later than twenty-seven (27) months after the law’s effective date, meaning December 12, 2026.
Owners and operators will also need to maintain records. The law requires covered owners and operators to maintain the written water management program, records of procedures performed, water-testing results if testing is performed, and other documentation relating to implementation of the program for at least five years. Those records must be made available to DOH immediately upon request.
The law also requires a written public notice. Once a required water management program has been implemented, the owner or operator must post written notice on the premises in a location easily accessible to building occupants.
The law does not require every covered building to conduct periodic water sampling in every circumstance. For certain healthcare-related facilities associated with an outbreak, or where the Centers for Disease Control and Prevention recommends periodic sampling, the water management program must include periodic sampling and testing. For other buildings, the program may include periodic sampling and testing.
There are penalties for noncompliance. An owner or operator may face civil penalties if it fails to implement or demonstrate compliance with a required water management program. The same is true if the owner or operator fails to report a positive Legionella test as required, fails to test for or mitigate Legionella when directed by DOH or a local health officer, or fails to provide the required notice. Those penalties may reach $2,000.00 for a first violation and $5,000.00 for a second or subsequent violation. If the violation causes serious injury or death, the penalty may be up to $10,000.00.
DOH may also assess civil administrative penalties. In addition, the Department of Community Affairs, DEP, DOH, or another agency with licensing or inspection authority may bring an action in Superior Court for injunctive relief to enforce the law.
For condominium associations, apartment owners, and property managers, the point is not that every building is suddenly covered. The point is that owners and managers need to know what systems their buildings actually have. A six-story residential building with a centralized potable water-heater system may be covered. A building with a cooling tower, spa, pool, ornamental fountain, mister, humidifier, or similar aerosol-generating device may be covered. A smaller residential building with four or fewer dwelling units is not covered by this part of the law.
In the end, owners and managers should not wait until there is a Legionella concern to figure this out. They should identify whether their buildings have covered water systems and determine whether a written water management program is required. If the building is covered, the deadlines are fast approaching.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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