What's happening
This bill requires periodic inspection and maintenance of heating and cooling systems in certain buildings to prevent and detect legionella bacteria.
Why it matters
Public health protections will be strengthened. by requiring ongoing oversight of HVAC and water systems in residential and commercial buildings, aiming to reduce risks of Legionnaires’ disease outbreaks linked to legionella bacteria.
Building owners will face new responsibilities and accountability,. including developing maintenance plans, retaining documentation for inspections, ensuring qualified professionals conduct twice-yearly checks, and taking rapid action if legionella is detected.
Local governments can maintain or enact stricter regulations,. so municipalities with tougher standards aren’t overridden, which could lead to a patchwork of requirements but ensures the highest applicable standard protects public health.
Enforcement will be backed by financial penalties,. with fines for non-compliance—up to $1,000 for a first offense and $2,000 for subsequent violations—creating a direct incentive for property owners to adhere to the new rules.
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Who cares
Owners of multiple dwellings and commercial buildings
They would have to implement maintenance plans, arrange inspections at least twice a year, clean and disinfect contaminated systems, and immediately notify the Health Department.
New York State Department of Health
The department would set inspection and maintenance standards, review owners’ plans, inspect systems and impose civil penalties for violations.
HVAC inspection and maintenance providers
Owners would need qualified inspectors to evaluate systems for legionella according to industry standards, along with maintenance and disinfection services.
Municipalities with stronger legionella protections
The bill would preserve their stronger local rules rather than supersede or preempt them.
Headline styles
Inspect HVAC for Legionella
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2862
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee 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 Assembly, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.