S T A T E O F N E W Y O R K
________________________________________________________________________
2862
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring the
periodic inspection and maintenance of heating and cooling systems for
the purpose of preventing and detecting the presence of legionella
bacteria
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 13 of the public health law is amended by adding a
new title 13-A to read as follows:
TITLE XIII-A
PREVENTING AND DETECTING THE PRESENCE OF LEGIONELLA BACTERIA
§ 1389-AAA. THE PERIODIC INSPECTION AND MAINTENANCE OF HEATING AND
COOLING SYSTEMS FOR THE PURPOSE OF PREVENTING AND DETECTING THE PRESENCE
OF LEGIONELLA BACTERIA. 1. THE DEPARTMENT SHALL ISSUE REGULATIONS AND
STANDARDS FOR THE PERIODIC INSPECTION AND MAINTENANCE OF HEATING AND
COOLING SYSTEMS FOR THE PURPOSE OF PREVENTING AND DETECTING THE PRESENCE
OF LEGIONELLA BACTERIA.
2. SAID REGULATIONS AND STANDARDS SHALL BE APPLICABLE TO HEATING,
VENTILATING AND AIR CONDITIONING SYSTEMS IN MULTIPLE DWELLING RESIDENCES
AND COMMERCIAL BUILDINGS, INCLUDING BUT NOT LIMITED TO COOLING TOWERS,
EVAPORATIVE CONDENSERS AND HUMIDIFIERS; AND ANY OTHER WATER SYSTEM THAT
THE DEPARTMENT DEEMS NECESSARY TO INSPECT FOR THE PRESENCE OF LEGIONELLA
BACTERIA.
3. SAID REGULATIONS AND STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED
TO, REQUIREMENTS THAT EACH OWNER: DEVELOP AND IMPLEMENT A MAINTENANCE
PROGRAM AND PLAN; KEEP A COPY OF THE PLAN AVAILABLE FOR REVIEW BY THE
DEPARTMENT UPON REQUEST; HAVE THE HEATING AND COOLING SYSTEM INSPECTED
AT LEAST SEMI-ANNUALLY BY A PERSON QUALIFIED TO EVALUATE SUCH SYSTEM FOR
THE PRESENCE OF LEGIONELLA BACTERIA ACCORDING TO INDUSTRY STANDARDS;
UPON A DETERMINATION OF THE PRESENCE OF CONTAMINANTS TAKE ALL NECESSARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05093-01-9
A. 2862 2
STEPS TO APPROPRIATELY CLEAN AND DISINFECT THE SYSTEM AND IMMEDIATELY
NOTIFY THE DEPARTMENT; AND PERMIT DEPARTMENT PERSONNEL TO ENTER UPON AND
INSPECT ANY SUCH SYSTEM.
4. THIS SECTION SHALL NOT SUPERSEDE OR PREEMPT ANY MUNICIPALITY WITH
STRONGER RULES, REGULATIONS, CODES, STATUTES OR ORDINANCES WITH REGARD
TO DETECTING AND PREVENTING THE PRESENCE OF LEGIONELLA BACTERIA.
5. THE DEPARTMENT SHALL IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
SECTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS FOR THE FIRST
OFFENSE AND TWO THOUSAND DOLLARS FOR EACH ADDITIONAL OFFENSE.
§ 2. This act shall take effect immediately.