FAQ

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Here are some frequently asked questions about Legionella and NYC cooling tower regulations

Legionnaires’ (LEE-juh-nares) disease is a serious type of pneumonia (lung infection) caused by Legionella (LEE-juh-nell-a) bacteria. People can get sick when they breathe in mist or accidently swallow water into the lungs containing Legionella.

Legionella is a type of bacterium found naturally in freshwater environments, like lakes and streams. It can become a health concern when it grows and spreads in human-made building water systems like

  • Showerheads and sink faucets
  • Cooling towers (structures that contain water and a fan as part of centralized air cooling systems for building or industrial processes)
  • Hot tubs that aren’t drained after each use
  • Decorative fountains and water features
  • Hot water tanks and heaters
  • Large plumbing systems

 

After Legionella grows and multiplies in a building water system, water containing Legionella then has to spread in droplets small enough for people to breathe in. People can get Legionnaires’ disease or Pontiac fever when they breathe in small droplets of water in the air that contain the bacteria

Most healthy people exposed to Legionella do not get sick. People at increased risk of getting sick are:

  • People 50 years or older
  • Current or former smokers
  • People with a chronic lung disease (like chronic obstructive pulmonary disease or emphysema)
  • People with weak immune systems or who take drugs that weaken the immune system (like after a transplant operation or chemotherapy)
  • People with cancer
  • People with underlying illnesses such as diabetes, kidney failure, or liver failure

Internal and external factors can lead to Legionella growth in building water systems.

Legionella grows best in large, complex water systems that are not adequately maintained.

Water containing Legionella is aerosolized through devices.

People can get Legionnaires’ disease when they breathe in mist or accidentally swallow water into the lungs containing Legionella. Those at increased risk are adults 50 years or older, current or former smokers, and people with a weakened immune system or chronic disease.

In In August 2015, New York City and New York State created new requirements for owners of buildings with cooling towers. 

The City’s requirements are found in Local Law 77 of 2015. The New York City Department of Health and Mental Hygiene (DOHMH) also created new rules to implement Local Law 77 and Local Law 76.  The new rules are Chapter 8 of Title 24 of the Rules of the City of New York. Click on the links below to find out more.

 https://www1.nyc.gov/assets/doh/downloads/pdf/notice/2016/noa-chapter8-title24.pdf

https://www1.nyc.gov/assets/buildings/pdf/ll77of2015.pdf

The State’s requirements were initially established as emergency regulations. The regulations are Title 10 of the New York Codes of Rules and Regulations (10 NYCRR), Part 4, “Protection against Legionella.” Click on the link below to find out more.

https://www.health.ny.gov/environmental/water/drinking/legionella/cooling_towers.htm

ANSI/ASHRAE Standard 188-2018, Legionellosis: Risk Management for Building Water Systems establishes minimum legionellosis risk management requirements for building water systems. It is developed by The American Society of Heating, Refrigerating and Air-Conditioning Engineers.

The State and City regulations overlap in many areas with city regulations being more stringent compared to the state.

Yes. New York City and State can separately issue violations for not complying. Click on the link below for complete list of fines.

https://www1.nyc.gov/assets/doh/downloads/pdf/cd/ct-min-fines.pdf

No. You only need to test when the tower is in use and prior to seasonal startup.

No. Cooling towers must be disinfected (beyond daily treatment and for seasonal startup as required by the City’s Local Law 77 and Chapter 8 rules) if one or more of these situations apply:

• The cooling tower manufacturer recommends disinfection

• The building owner’s Maintenance Plan calls for disinfection

• Results from water sampling or an inspection show that disinfection is needed

• DOHMH directs the owner to disinfect

New York State and City regulations also require that

• All cooling towers be cleaned and disinfected when shut down for more than five days

• Towers be disinfected prior to being removed or permanently discontinued

No. However, the State does require all “general hospitals” and residential health care facilities, as defined in Article 28 of Public Health Law, to test domestic water as part of a Legionella control plan.