New Jersey P.L.2024, c.66 (S2188): Legionella Water Management Programs for High-Rises

Quick Answer

P.L.2024, c.66 (Senate Committee Substitute for S2188, first reprint) was approved September 12, 2024 and took effect immediately. Section 6 requires owners or operators of listed buildings, including "a residential high-rise structure with six or more floors and one or more centralized potable water-heater systems," to develop a Legionella water management program within 24 months of the effective date, and to implement it within 27 months. Counting from September 12, 2024, our computation is about September 12, 2026 and December 12, 2026. The statute does not state those calendar dates.

At a Glance

What the Law Says

Who must have a program

Section 6 a. lists buildings and facilities whose owner or operator must "develop a water management program to minimize the growth and transmission of Legionella bacteria in the building's or facility's water system, consistent with" ASHRAE Standard 188-2018 or later versions, or a comparable recognized standard. The list includes hospitals, nursing homes and similar facilities, correctional facilities with centralized hot water, and the categories most relevant to associations:

• Devices and amenities. A building containing "a whirlpool, spa, pool, open-circuit or closed-circuit cooling tower or evaporative condenser" for HVAC or refrigeration, an indoor ornamental fountain, mister, atomizer, air wash, humidifier, or similar device releasing water aerosols. For these, the program need cover only the listed device "unless otherwise indicated."
• High-rise residential. "a residential high-rise structure with six or more floors and one or more centralized potable water-heater systems."
• Transient housing. A building with centralized water heating shared by 25 or more housing units for transient use, such as a hotel or motel.
• Senior or subsidized housing. A residential building with a shared centralized water heater serving 25 or more units that is subsidized housing for people 62 or older or with a disability, or is designated senior housing subject to P.L.1986, c.103.
• Outbreak-linked buildings. Any building the Department of Health or a local health officer determines was associated with an outbreak, for a period they set.

Subsection h. says the section does not apply "to a residential property with four or fewer dwelling units."

Deadlines and content

• Develop the program "[n]o later than 24 months after the effective date."
• Implement the program "[n]o later than 27 months after the effective date" (for categories (1) through (7) of subsection a.). New or repurposed buildings must confirm the program reduces exposure "prior to commissioning."
• When compliant, post "a written public notice on the premises in a location easily accessible to building occupants."
• Keep the written program, procedure records and test results on site "for at least five years," available "immediately upon request" to the Department of Health.
• Periodic water sampling is required for certain facilities (hospitals, nursing homes and similar, outbreak-linked buildings, or where CDC recommends it). For others it "may include" sampling.

Penalties and enforcement

A failure to implement or demonstrate compliance, to report a positive test, to test or mitigate as directed, or to give required notice carries a civil penalty of "not more than $2,000 for a first violation, and not more than $5,000 for a second or subsequent violation," and "not more than $10,000" for a violation that causes serious injury or death. The Department of Health may assess administrative penalties after notice, with 35 days to request a hearing. Several agencies may seek an injunction in Superior Court.

Other parts of the act

Sections 2 to 4 set disinfectant residual and maintenance-plan duties for large public community water systems, with DEP rulemaking. Section 5 sets investigation procedures after reported cases and allows the health department or local health officer to require the owner of a suspected source building to test, mitigate and give notice, in a second language where 10 percent or more of residents speak one. Section 8 requires Department of Health rules within 24 months.

What This Means in Practice

For boards of high-rise condominiums

Our reading: a condominium building with six or more floors and a centralized hot water heater falls in the high-rise category, and an association-owned pool, spa or cooling tower may separately trigger the device category. Whether the association is the "owner or operator" in a given community depends on the documents; confirm with counsel.

Counting from September 12, 2024, 24 months ends September 12, 2026 and 27 months ends December 12, 2026. The program-development date has therefore passed as of late October 2026, and the implementation date is next. These dates are our arithmetic, not statutory dates.

For owners

Expect a posted notice once a building is compliant, and possibly operating costs that the board may pass through under the governing documents. The act does not address cost allocation.

What the law does not say

• It does not name condominiums or HOAs. It lists building types.
• It does not say who qualifies as "owner or operator" in a condominium.
• Department of Health rules were due within 24 months. We did not find adopted rules and did not confirm whether any exist. Check the New Jersey Register and the Department's guidance.
• The text does not say whether a four-or-fewer-unit exemption applies per building or per property; it says "residential property."

Timeline

Related New Jersey Law

• Structural integrity inspections for covered buildings, another building-safety law affecting condominium high-rises
• P.L.2023, c.214, the structural integrity and reserve law
• New Jersey HOA laws and regulations, our state overview

Board Checklist

• List each building by floors, centralized water heaters, pools, spas, fountains and cooling towers.
• Decide with counsel whether the association is the owner or operator for each covered system.
• Engage a qualified water-management professional familiar with ASHRAE Standard 188-2018.
• Calendar the computed deadlines and confirm them with counsel.
• Plan to post the required public notice and keep records for at least five years.
• Check the Department of Health website for guidance and rules.
• Budget for sampling and testing if required.

Frequently Asked Questions

Does the Legionella law apply to condominiums?

It applies to listed building types. A residential high-rise with six or more floors and a centralized potable water heater is listed, and buildings with pools, spas or cooling towers are listed as to those devices.

What is the deadline?

Develop a program within 24 months and implement it within 27 months after the effective date. From the September 12, 2024 approval date, that computes to about September 12 and December 12, 2026.

Is testing required?

Required for some facility types and outbreak-linked buildings; for others a program "may include" testing.

What are the penalties?

Up to $2,000, $5,000 or $10,000 depending on the violation, plus possible injunctions.

Are small buildings exempt?

Residential property with four or fewer dwelling units is exempt.

Do owners have to be told?

A compliant building posts a public notice. Separately, health officials may require notice during an investigation.

Where This Comes From

We read the chaptered text of P.L.2024, c.66 (S2188, first reprint, Senate committee substitute) on the New Jersey Legislature's session-law site, pub.njleg.gov. We did not find or read any Department of Health implementing rules.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed New Jersey attorney before acting.