A New Jersey law change removes a regulatory barrier that previously made contracting with certain facilities commercially risky for swim instruction providers.
Most gym and fitness studio owners in New Jersey don't realize they may have been leaving money on the table—or avoiding contracts they could have safely taken.
The issue centers on a specific regulatory exemption that certain facilities (retirement communities, assisted living facilities, and similar specially exempt facilities) hold from the state's lifeguard and first-aid certification requirements. Until recently, if a third-party swim instruction provider contracted with one of these facilities, the facility risked losing that exemption entirely. That risk made most contracts commercially unworkable.
New Jersey's A5537, effective immediately upon enactment, changes that calculus.
Section 1, subsection d(1) of A5537 authorizes specially exempt facilities to permit third-party entities to provide swimming lessons, classes, or instruction—without triggering the loss of the facility's lifeguard exemption, provided the third-party provider maintains its own certified lifeguard on-site during instruction.
In plain terms: if you operate a swim instruction business and want to contract with a retirement community or assisted living facility, you can now do so. As long as your company brings a certified lifeguard to every session, the facility keeps its exemption. The regulatory barrier that previously made such arrangements legally risky is gone.
This provision is most relevant to:
Third-party swim instruction providers looking to expand contracts with specially exempt facilities. If you've avoided these facilities because of exemption concerns, that reason no longer applies.
Gym owners and fitness studios that operate or partner with swim instruction programs. If you work with a third-party instructor and serve populations in specially exempt facilities, you now have clearer legal footing.
Specially exempt facilities themselves that want to offer swimming lessons or classes to residents without hiring full-time certified lifeguards. They can now contract with outside providers who bring their own certified staff.
The practical impact is straightforward: one regulatory barrier to a category of contracts has been removed. If you've been uncertain about whether contracting with a retirement community or assisted living facility was legally safe, A5537 clarifies that it is—as long as your certified lifeguard is present.
This doesn't create new requirements for you. It removes one. Your existing lifeguard certification standards remain the same. The law simply confirms that deploying a certified lifeguard to these facilities doesn't jeopardize the facility's own exemption status.
For facilities considering bringing in instruction, the message is similar: you can now contract with qualified third-party providers without regulatory downside, provided they meet the lifeguard requirement.
A5537 took effect immediately upon enactment. The relevant language appears in Section 1, subsection d(1), on page 1 of the bill.
For a business-specific summary of how A5537 applies to your operation, consult your legal advisor or state regulatory authority.