New Jersey
New Jersey – We’re Here to Help!
On September 12, 2024, Governor Phil Murphy signed into law a new regulation regarding minimizing the growth of legionella bacteria in New Jersey (A1970 and S1288). The new regulation was introduced the following the 2015 outbreak in New York City and subsequent cases that popped up in Bergen, Passaic and Mercer Counties in the recent years. This new law will introduce new requirements in how water systems are treated in New Jersey and will closely mirror the laws that were enacted in both New York City and State.
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Owners and/or operators of the following buildings or facilities will be required to develop a Water Management Program to meet these new requirements:
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a) General and specialty hospitals that provide in-patient services
b) Nursing homes, assisted living facilities, personal care homes, residential health care facilities or dementia care homes
c) Building containing a whirlpool, spa, pool, open-circuit or closed-circuit cooling tower or evaporative condenser that provides cooling and refrigeration or other non-potable water systems or devices that release water aerosols in the building or on the property where the building is located
d) Federal, State, County or privately owned or operated correctional facilities with one or more centralized potable hot water systems
e) Building with one or more centralized potable water-heater systems shared by 50 or more housing units for transient use, including, but not limited to, a hotel or motel
f) Residential buildings with a centralized potable water-heater system shared by 25 or more housing units which serve as subsidized housing for individuals who are 62 years of age or older or who have a disability or is designated as senior housing
g) Residential, commercial, institutional, or industrial building or facility including a hotel or motel, not required to implement a water management program but which has been determined by the Department of Health or a local health officer to have been associated with an outbreak of Legionnaires' disease.
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As of September 2024, specific details on exactly what will be required to meet compliance with the new regulation are still being finalized by the New Jersey Department of Health. At a minimum, we expect that they will mirror what is currently being required in New York City and State. We anticipate that they will most like include the following at a minimum:
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a) Implementation of a Water Management Program
b) Monthly and/or Weekly inspections of the system
c) Quarterly inspections of the system
d) Annual or biannual cleanings
e) Legionella testing, likely quarterly on all water-cooled operating systems
f) Annual Certification of compliance
g) On-site record keeping, estimated to be for a period of five years
h) Inspections by State and/or County Officials to monitor compliance
NuChem strongly recommends that if you own a building with a cooling tower you begin to put into place now a plan regarding its treatment and the prevention of legionella growth. We recommend that your tower be cleaned and sanitized a minimum of once yearly while in operation and legionella testing be performed every 90 days. Taking these steps now will help you along the path to compliance as this regulation begins to be enforced. Non-compliance with the regulations will result in significant fines. These fines appear to be within the range of $2,000.00 to $5,000.00 per occurrence and could go significantly higher (upwards of $10,000 per occurrence) if there is any confirmed legionella outbreak at the building or facility resulting in illness, hospitalization and/or death.
NuChem stands ready to help you in moving forward to make sure you meet all new requirements. We have many valuable years of experience working with the similar laws in New York City and State and are very familiar with the process of keeping businesses in compliance to mitigate the risk of any potential outbreaks and reduce the risk of any associated penalties or fines that may be levied under this new regulation.
Call and speak with a NuChem Representative today to schedule your free site inspection and quote. We’re here to make sure you are in full compliance with all the new regulations.
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