New York: Protection Against Legionella Emergency Rule Adoption Update [US]

On December 2, 2015, the New York State Department of Health re-published the Protection Against Legionella emergency regulation in the New York State Register.

This notice of emergency adoption follows a previous notice of emergency rulemaking published on September 2, 2015 in the New York State Register, which was set to expire on November 14, 2015.  This publication extends the expiration date until February 16, 2015 and ensures the emergency rules remain in effect until they are adopted permanently.

In the wake of an outbreak of Legionnaires’ Disease in New York City in August 2015 from Legionella-contaminated cooling towers, this emergency health regulation requires all owners of cooling towers to register their cooling towers with the New York State Department of Health, test their cooling towers for bacteria, and disinfect them after testing.

In addition, owners of cooling towers must implement a maintenance program and plan by March 1, 2016, which must be kept onsite and made available to Health Department inspectors. 

Since the compliance deadline of September 16, 2015 has passed, all cooling tower owners must come into compliance immediately if they have not already done so.  This emergency rule will expire on February 10, 2016 and will be adopted as a permanent rule at a later date.

Sources:

Emergency Rulemaking: Protection Against Legionella, New York Administrative Register, December 2, 2015.

Jason Loh, New York: The Department of Health enacts emergency regulations to control the spread of Legionella (Legionnaire’s Disease), New York State Register, September 18, 2015.

Part 4 of Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York

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