CURRENT LEGISLATIVE DEVELOPMENT
New Jersey Legionella Law 2188
Signed September 12, 2024
New Jersey signed into law a new piece of domestic water safety legislation (Senate Bill 2188) focused on prevention and control of Legionnaires’ disease in building water systems. The bill was signed by the Governor on September 12, 2024. The timeline for implementation states that a building has 12 months from the effective date of 9/12/2025 to develop the plan (NJ DOH to issue guidelines within 6 months and ASHRAE 188 is referenced) and then 3 months to fully implement the program. So by December 12, 2026, a building must have 3 months of recordkeeping of the control measures called out in the water safety plan.
Most NJ buildings will be affected by the new legislation, which focuses on protecting occupants most at risk of contracting the legionnaires disease based on existing risk factors. All medical and health care facilities are included as well as buildings with certain water features that enhance the risk of transmission due to aerosolization of a water source, such as spas, cooling towers, or decorative fountains.
In addition, hotels, motels, and subsidized housing with senior populations and having centralized water heating systems serving multiple units will be required to comply with the legislation.
Compliance requires having a Water Safety Management Plan that addresses the risk of a particular system or device that is known to be susceptible to harboring legionella bacteria and becoming a source of transmission.
AWTC is perfectly positioned to assist all New Jersey building types in the preparation of required Legionella prevention plans and the ongoing maintenance and testing protocols that will need to be documented.
Enforcement mechanisms are written into NJ2188 with non-compliance penalties of up to $10,000 per violation. A robust, consistent and well-maintained documentation system is good practice and vital to avoid violations and prove the building is protecting occupants against unnecessary Legionella risk.
Water Management via Risk Assessments
Since the release of ASHRAE 188 in 2015, we have entered into a new paradigm of water safety management with added emphasis on personal safety and validation of building water system conditions. Managing water safety includes both short-term and long-term components, namely daily and weekly monitoring of temperature and other key parameters and documented routine preventive maintenance actions at monthly, semi-annual and annual frequencies.
A Water Management Plan (WMP) is a crucial living document that outlines proactive maintenance activities, unique building risks, and corrective actions necessary when parameters fall out of specification. These plans can range from simple to comprehensive, provided they incorporate all elements of ASHRAE 188-2021. Importantly, a WMP also serves as a repository for all water safety-specific documentation and maintenance records, offering legal protection in the event of litigation related to Legionnaires’ disease. A valid WMP could be your best defense against claims of negligence.
AWTC has achieved certification to the ASSE 12080 Legionella Standard for participation in creating and implementing Water Safety Plans.The plans we develop are based on the ASHRAE 188 Standard, which is a risk-based approach and also include other industry and government agency recommendations and guidelines.
Building Water Safety planning should include risk assessments for all water systems in a building, and provide detailed control and response protocols based on the level of risk.
AWTC provides ongoing support as your facility implements procedures and centralizes documentation and recordkeeping protocols:
We recommend implementing AWTC’s ASSURE mobile platform for Water Management which allows for management by exception, to focus efforts more effectively.
Risk Management Plans for Water Safety
Risk Assessment and Risk Management
Risk assessment identifies potential hazards, while risk management is the continuous process of analyzing and responding to those risks. Both are important for protecting people, property, and the environment.
Risk Management – A collection of standards and guidelines are available to assure the development of legally defensible plans against negligence lawsuits. Two from ASHRAE have taken prominence in the absence of specific governmental regulations.
ASHRAE 188 – Legionellosis: Risk Management for Building Water Systems
- Establishes minimum legionellosis risk management requirements for building water systems.
- Mandates the development and implementation of a Water Management Program (WMP) to identify hazardous conditions and
- take steps to prevent and control the growth of Legionella.
- Emphasizes regular monitoring through Legionella testing, maintenance, and documentation to manage risks associated with Legionella
ASHRAE 514: Risk Management for Building Water Systems to Reduce the Risk of Injury and Illness
This standard encompasses a wider range of health and safety concerns in building water systems, including but not limited to chemical and microbial contaminants.
- Identification of all potential hazards associated with building water systems.
- Comprehensive risk assessment and management strategies.
- Implementation of control measures for a wider range of contaminants and hazards.
- Regular monitoring, maintenance, and documentation to manage a variety of risks.
Plan Development and Implementation – Legionella Susceptible Systems
AWTC continues to develop and implement Building Water Safety Plans for our clients in the absence of consistent Federal and State regulations, as a matter of best practice and reducing liability. The Plans are based on risk assessment processes as outlined in ASHRAE 188 and 514 and other industry and government agency guidelines. AWTC has also achieved certification in the area of Plan development via the ASSE 12080 Legionella Standard sponsored by the ASSE.
Building Water Safety planning should include domestic water systems, decorative fountains and cooling towers as well as any other water systems on the premises known to be susceptible to Legionella growth.
Example of steps to develop and support an ongoing Water Safety Management Plan based on ASHRAE 188 Guidelines:
- Review riser and piping diagrams, create flow diagram schematic to identify water systems and fixtures, and assign hazard status and control points
- Risk Assessment including identifying low flow or stagnant areas
- Advise on flushing and maintenance protocols
- Identify representative water sample points for control verification
- Issue a detailed report for validation of Plan
- Communication of the Plan to all stakeholders
- Implement AWTC’s ASSURE mobile platform for Water Management recordkeeping
