A 3499

ASSEMBLY, No. 3499
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
���� Concerns safety measures at apartment complex
swimming pools.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act concerning swimming pools in apartment complexes and
amending P.L.1991, c.135.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1991,
c.135 (C.26:4A-4) is amended to read as follows:
���� 1.��� As used in this act:
���� �Apartment complex� means
one or more apartment buildings located on the same premises and owned by a
person or entity that receives monthly rental payments from tenants who occupy
the premises.
���� "Campground" means a
plot of ground upon which two or more campsites are located, established or
maintained for occupancy by camping units of the general public as temporary
living quarters for children or adults, or both, for a total of 15 days or more
in any calendar year, for recreation, education, or vacation purposes.
���� "Common interest
community" means:
���� a.��� property subject to the
"Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.) or the
"Horizontal Property Act," P.L.1963, c.168 (C.46:8A-1 et seq.);
���� b.��� a housing corporation or
association, commonly known as a cooperative, which entitles the holder of a
share or membership interest thereof to possess and occupy for dwelling
purposes a house, apartment, manufactured or mobile home or other unit of
housing owned or leased by the corporation or association, or to lease or
purchase a unit of housing constructed or to be constructed by the corporation
or association; or
���� c.��� real estate with respect
to which a person, by virtue of his ownership of a unit, is obligated to pay
for real estate taxes, insurance premiums, maintenance or improvement of other
real estate described in the instrument, however denominated, which creates the
common interest community.� Ownership of a unit does not include holding a
leasehold interest of less than 20 years in a unit, including renewal options.
���� "Health club" means
a health club that is registered with the Director of the Division of Consumer
Affairs in the Department of Law and Public Safety pursuant to P.L.1987, c.238
(C.56:8-39 et seq.).
���� "Hotel" or
"motel" means a commercial establishment with a building of four or
more dwelling units or rooms used for rental and lodging by guests.
���� "Mobile home park"
means a parcel of land, or two or more contiguous parcels of land, containing
at least 10 sites equipped for the installation of mobile or manufactured
homes, where these sites are under common ownership and control, other than as
a cooperative, for the purpose of leasing each site to the owner of a mobile or
manufactured home for the installation thereof, and where
the owner provides services, which
are provided by the municipality in which the park is located for property
owners outside the park, which services may include, but shall not be limited
to:
���� a.��� Construction and
maintenance of streets;
���� b.��� Lighting of streets and
other common areas;
���� c.��� Garbage removal;
���� d.��� Snow removal; and
���� e.��� Provision for the
drainage of surface water from home sites and common areas.
���� "Private lake, river or
bay or private community lake, river or bay association" means an
organization of property owners within a fixed or defined geographical area
with deeded or other rights to utilize, with similarly situated owners, various
lakefront, riverfront or bayfront properties, which properties are not open to
the general public, other than bona fide guests of a member of the private
lake, river or bay or private community lake, river or bay association.
���� "Private marina"
means a privately-owned water dependent facility for the docking, servicing or
storage of private boats, at which services are provided on an annual, seasonal
or per diem basis, and which facility is not open to the general public, other
than bona fide guests of boat owners eligible to use the marina and which has a
private swimming pool that is not open to the general public, other than bona
fide guests of boat owners eligible to use the marina.
���� "Retirement
community" means a retirement community which is registered with the
Division of Housing and Development in the Department of Community Affairs
pursuant to "The Planned Real Estate Development Full Disclosure
Act," P.L.1977, c.419 (C.45:22A-21 et seq.).
���� "Specially exempt
facility" means:
���� a. a private lake,
river or bay or private community lake, river or bay association, or private
nonprofit common interest community which restricts the use of its lake, river,
bay or pool, as appropriate, to the owners of units thereof and their invited
guests[.�
Specially exempt facility also includes];
���� b.��� an apartment complex
which restricts the use of its pool to tenants who occupy the premises and
their invited guests;
���� c. a campground, hotel,
motel, mobile home park, or retirement community which restricts the use of its
pool to renters of the lodging units or owners of the dwelling units, as
appropriate, and their invited guests, or day-use visitors[, or];
���� d. a private marina
which restricts the use of its swimming pool to owners of boats eligible to use
the facilities and their invited guests[.�
Specially exempt facility also includes];
���� e. a privately-owned
campground which restricts the use of a swimming area other than its swimming
pool to renters of the lodging units or owners of the dwelling units, as
appropriate, and their invited guests, or day-use visitors[.� Specially
exempt facility also includes]
; and
���� f. a health club which
restricts the use of its pool to the health club's members and their invited
guests; does not permit the use of its pool by persons under 16 years of age;
and in which the maximum depth of the water in the pool does not exceed five feet,
but does not include a health club which shares the use of its pool with
another entity.
(cf:� P.L.2015, c.191, s.1)
���� 2.��� The Commissioner of
Health, pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the
purposes of this act.
���� 3.��� This act shall take effect
on the 180th day after enactment, but the Commissioner of Health may take such
anticipatory administrative action in advance thereof as shall be necessary
for the implementation of this act.
STATEMENT
���� This bill exempts apartment
complexes that operate swimming pools from the first aid personnel and
lifeguard requirements under certain conditions.�
���� Under the bill, �apartment
complex� means one or more apartment buildings located on the same premises and
owned by a person or entity that receives monthly rental payments from tenants
who occupy the premises.� The category of �specially exempt facility� (as
defined in section 1 of P.L.1991, c.135; C.26:4A-4) is expanded to include an
apartment complex which restricts the use of its pool to tenants who occupy the
premises and their invited guests.
���� Pursuant to section 3 of
P.L.1991, c.135 (C.26:4A-6), a �specially exempt facility,� which does not
voluntarily comply with the first aid and life guard requirements of
N.J.A.C.8:26-5.1 et seq., is required to post a sign not less than three feet
by four feet in size; to be prominently displayed at the entrance to its pool;
and stating: "No lifeguard on duty.� Persons under the age of 16 must be
accompanied by an adult.� No swimming alone."� Under the bill, this
existing statutory provision would also apply to an apartment complex.