New Jersey Senate Bill S2188 passed on June 28, 2024, and signed by the governor on September 12, 2024 introduces new requirements in which New Jersey building owners need to comply in order to prevent the transmission of Legionnaires’ disease. With a compliance deadline of September 12, 2026, building owners and operators must develop a water management program to minimize the growth and transmission of Legionella bacteria.
A Legionella water management plan and program must be implemented for all water systems within the following facilities:
a general or specialty hospital that provides in-patient services.
a nursing home, assisted living facility, comprehensive personal care home, residential health care facility, or dementia care home.
a building containing a whirlpool, spa, pool, open-circuit or closed-circuit cooling tower or evaporative condenser that provides cooling or refrigeration for a heating, ventilation, air conditioning, or refrigeration system, indoor ornamental fountain, mister, atomizer, air wash, humidifier, or other non-potable water system or device that releases water aerosols in the building or on the property upon which the building is located. A building with a device listed in this paragraph shall implement a water management program for the listed device and need not implement a water management program for the entire building unless otherwise indicated by this subsection;
a federal, State, county, or privately owned or operated correctional facility with one or more centralized potable hot water systems;
a residential high-rise structure with six or more floors and one or more centralized potable water-heater systems;
a building with one or more centralized potable water-heater systems shared by 25 or more housing units for transient use, including, not but limited to, a hotel or motel;
a residential building with a centralized potable water-heater system that is shared by 25 or more housing units, which serves as subsidized housing designated for individuals who are 62 years of age or older or who have a disability or is designated as senior housing.
a residential, commercial, institutional, or industrial building or facility, including a hotel or motel, not otherwise 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.
A water management program must include the following:
A designated water management program team consisting of the building owner, building manager/administrator, maintenance/engineering employee, safety officer, equipment/chemical supplier, and a certified industrial hygienist.
A Flow Diagram and description of the potable and non-potable water systems within the building and/or onsite, including pumping schematics.
Safety and efficiency analysis of water system to identify potentially hazardous conditions to determine where control measures shall be applied to stay within established control limits.
A procedure for monitoring whether control measures are within operating limits and, if not, a plan for taking corrective action.
A verification strategy
Water Quality Monitoring
Parameters such as pH, temperature, and chlorine levels should all be monitored regularly to ensure that building water systems are operating as described in the facility’s WMP.
A validation strategy
Performing environmental sampling for Legionella.
Defensible documentation, which is essential and required for each step of the Water Management Plan.
The owner or operator of a building or facility who fails to implement or demonstrate compliance may be subject to a civil fine ranging from $2,000 to $10,000, increasing for violations involving severe injury or death.