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NEWLY ENACTED NJ LEGIONELLA BACTERIA LAW
By October 23, 2024 Posted in Firm News Share
A new law from New Jersey Governor Phil Murphy, which officially took effect on September 12, 2024, involves the enactment of a new set of responsibilities for owners and operators of specific public community water systems in relation to protecting the public from potential disease outbreaks.
According to the new law’s language, it has now been made a requirement that certain public community water systems must “maintain a certain minimum detectable disinfectant residual of free chlorine or monochloramine” to be able to accurately monitor the presence of pathogens in community water. This language will include a new legal requirement in New Jersey that public water systems that fall under the listed categories of the law must keep a minimum detectable amount of chlorine or monochloramine in water to distinguish community water that may be exposed to certain pathogens. The law is directed toward attacking the ongoing issue of precise cases of Legionella bacteria in water systems, which are subsequently known to spread potential cases of Legionnaires' disease.
As per the law, it will specifically apply to community water systems that have more than 100 service connections to the public or systems that in some manner involve the use of water or groundwater under the influence of surface water. The law intends to protect the public from previously unknown cases of bacteria, specifically in relation to Legionella bacteria, which could impact the health of consumers of public water following exposure.
The newly enacted law further approaches the issue of the prevention of growth of Legionella bacteria in public water systems, requiring owners and operators of certain buildings and facilities, such as health care and correctional facilities among others, to develop a water management program within two years of knowledge of the growth of Legionella bacteria to minimize its threats to public health. The public community water systems, subject to the new law, will have this two-year window to act toward a plan of attacking the issue of detected Legionella bacteria, which sets out to positively disable the spread of it through the means of these established programs.
A range of residential facilities have been determined to be subject to the law’s stipulations, such as buildings with centralized hot water heaters. This often includes residential high-rise buildings that are six stories or higher, as well as senior housing buildings and hotels with twenty-five or more units.
It is noted in the law specifically that buildings 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, will be subjected to respective requirements under the new law as well. They will need to determine implementing a water management program for these indicated devices, as opposed to the entire building in question, in attempt to eliminate the threat of pathogens.
These water management programs adopted in response to knowledge of these possible exposures in community water systems will also need to adhere to certain standards to comply with the law. The programs will be required to meet the standards set forth by the American Society of Heating, Refrigeration, and Air Conditioning Engineers, also known as ASHRAE, which highlights specific timelines for implementing these programs when those facilities subject to the law are required to do so.
While it may be difficult to currently quantify exactly how much this newly enacted law may affect the deciphering and interpretation of landlord-tenant law, condominium law, and other related legal fields that can potentially encounter this legal change on a regular basis in New Jersey, the new law can be mainly seen as a change to the potential allotted duties of owners and operators of certain public community water systems regarding the topic of disease control.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.