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Legionnaires’ Disease Outbreak Prompts Cooling Tower Legislation

Prompted by the recent outbreak of Legionnaires’ disease in New York City, on August 18, 2015, Mayor Bill de Blasio signed legislation that introduced several new requirements for cooling towers, effective immediately.

New Regulations and Penalties

The new regulations require the registration of all cooling towers, as well as annual certification and quarterly inspection. Registration, which can be completed online, is mandatory for all new towers before initial operation. Existing cooling towers were required to register by September 17, 2015.

In addition, the regulations mandate reporting of increased levels of microbes to the New York City Department of Health and Mental Hygiene (DOHMH). The law also requires disinfection if the levels of microbes pose potential health risks. In such cases, building owners must hire environmental consultants with demonstrated experience adhering to current industry protocols.

Registration, certification and inspection violations may incur civil penalties up to $10,000. Failure to disinfect cooling towers with elevated microbes is a misdemeanor, punishable up to a $25,000 fine.

If a cooling tower is removed or permanently taken out of service, the building owner or operator must notify the New York City Department of Buildings (DOB) within 30 days. This notice must include a statement confirming that the cooling tower was drained and sanitized in compliance with DOHMH requirements.

Officials Praise the New Regulations

According to Buildings Commissioner Rick Chandler, the DOB cooling tower tracking system will allow the agency to help public health officials investigate suspected cases of legionella. He applauded the legislation as a strong system of accountability that represents successful collaboration between the mayor and the city council.

Council Speaker Melissa Mark-Viverito also lauded the new legislation. “As we continue to ensure that everyone who is suffering from Legionnaires’ disease gets proper treatment, we must also look to the source of the problem. Thanks to this law, cooling towers in New York will be tested on a regular basis, cleaned whenever needed and properly maintained.”

For any additional questions or comments on the new cooling tower regulations, please contact Milrose Consultants.

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