Requires automated external defibrillators in certain areas of age-restricted communities.

A5213

ASSEMBLY, No. 5213

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 4, 2026

Sponsored by:

Assemblyman� JOE DANIELSEN

District 17 (Middlesex and Somerset)

SYNOPSIS

���� Requires automated external defibrillators in certain
areas of age-restricted communities.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the use of defibrillators in age-restricted
communities and supplementing Title 2A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.�������� As used in
this section:

���� �Age-restricted development�
means the association of a planned real estate development that complies with
the �housing for older persons� exception from the federal �Fair Housing
Amendments Act of 1988,� Pub.L.100-430 (42 U.S.C. ss.3601 et seq.) for that
community as set forth in 24 C.F.R. s.100.301.

���� �Automated external
defibrillator� or �defibrillator� means a medical device heart monitor and
defibrillator that:

���� (1) has received approval of
its pre-market notification filed pursuant to 21 U.S.C. s.360 (k) from the
United States Food and Drug Administration;

���� (2)�� is capable of
recognizing the presence or absence of ventricular fibrillation or rapid
ventricular tachycardia, and is capable of determining, without intervention by
an operator, whether defibrillation should be performed; and

���� (3)�� upon determining that
defibrillation should be performed, automatically charges and requests delivery
of an electrical impulse to an individual's heart.

���� �Indoor recreation area or
facility� means the interior portions of a building used for association
members� purposes that are generally accessible to all association members, but
not including the interior of individual dwelling units.� �Indoor recreation
area or facility� shall include, but not be limited to, clubhouses, basements, and
laundry rooms, if the areas are generally accessible to association members and
the areas are not located within the interior of an individual dwelling unit.�

���� �Outdoor recreation area or
facility� means the exterior portions of an age-restricted development used for
association members� purposes that are generally accessible to all association
members, but not including the exterior portions of an individual dwelling unit
on a lot.� �Outdoor recreation area or facility� shall include, but not be limited
to, swimming pool areas, tennis courts, or pickleball courts.

���� b.��� Notwithstanding the
provisions of any law, rule, or regulation to the contrary, an age-restricted
development shall ensure that:

���� (1) an automated external
defibrillator is available in an unlocked location in at least one indoor recreation
area or facility and in at least one outdoor recreation area or facility, with
an appropriate identifying sign, as applicable;

���� (2)�� at least one staff
member or a designee appointed by the age-restricted development is trained in
cardio-pulmonary resuscitation and the use of the defibrillator in accordance
with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25); and

���� (3)�� each defibrillator is
tested and maintained according to the manufacturer's operational guidelines
and notification is provided to the appropriate first aid, ambulance, or rescue
squad or other appropriate emergency medical services provider regarding the
defibrillator, the type acquired, and its location in accordance with section 3
of P.L.1999, c.34 (C.2A:62A-25).

���� c.���� An age-restricted
development and its staff members or designees shall be immune from civil
liability in the acquisition and use of defibrillators pursuant to the
provisions of section 5 of P.L.1999, c.34 (C.2A:62A-27).

���� d.��� An age-restricted
development that fails to comply with subsection b. of this section shall be
liable to a civil penalty of not less than $250 for the first violation, not
less than $500 for the second violation, and not less than $1,000 for the third
and each subsequent violation, to be collected in a summary proceeding brought
by a municipal health agency pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.) before the municipal court having
jurisdiction.� A penalty recovered under the provisions of this subsection
shall be paid into the treasury of the municipality in which the violation
occurred for the general uses of the municipality.

���� 2.��� This act shall take
effect on the first day of the third month next following enactment.

STATEMENT

���� This bill requires the
association of an age-restricted planned real estate development to ensure that
an automated external defibrillator is available in an unlocked location in at
least one indoor recreation area or facility and in at least one outdoor
recreation area or facility, as defined in the bill, with an appropriate
identifying sign, as applicable.

���� The bill also requires that an
age-restricted development ensures that a staff member or designee appointed by
the age-restricted development is trained in cardio-pulmonary resuscitation and
the use of the defibrillator and that each defibrillator is tested and
maintained according to the bill�s provisions.

���� The bill provides that an
age-restricted development and its staff members or designees are immune from
civil liability in the acquisition and use of defibrillators pursuant to the
provisions of section 5 of P.L.1999, c.34 (C.2A:62A-27).

���� The bill provides that an
age-restricted development that fails to comply with the provisions of the bill
is liable to a civil penalty of not less than $250 for the first violation, not
less than $500 for the second violation, and not less than $1,000 for the third
and each subsequent violation, to be collected in a summary proceeding pursuant
to the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).�
A penalty collected pursuant to the bill is to be paid into the treasury of the
municipality in which the violation occurred for the general uses of the
municipality.

���� The bill is to take effect on
the first day of the third month next following enactment.