Legionella and NJ Public Law 2024, chapter 66
In 2024, New Jersey adopted P.L. 2024, c. 66 which requires owners or operators of certain public community water systems, buildings, or facilities to take actions to prevent and control cases of Legionnaires' disease (C.26:1A-140 Water management program development required of certain buildings and facilities; see below).
Buildings and facilities containing a whirlpool, spa, pool, or cooling tower are included in this law.
The owner or operator of a building or facility that meets any of the listed criteria shall develop a water management program to minimize the growth and transmission of Legionella bacteria in the building's or facility's water system, consistent with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 188-2021 or subsequent versions thereof, or comparable standards adopted by a nationally-recognized, accepted, and appropriate organization.
Here is a link to the New Jersey Department of Health webpage on Legionnaires' Disease and Legionella. This web page includes numerous sub-pages regarding Legionella, including a Water Management Program Template which can be utilized when developing your own water management program.
The New Jersey Department of Health is in the process of developing proposed Regulations pursuant to the new law.
For the buildings and facilities that meet the noted criteria, the owner/operator of the building or facility is required to develop a water management program to comply with this legislation. Chemical or bacteriological testing may be necessary if determined by the water management program or relevant health authorities.
Please note that in our reading of this legislation, it does not mandate specific ongoing testing of recreational bathing facilities for Legionella. Legionella analysis may be used for validation of your water management program.
To clarify: Legionella testing is not currently included in the Public Recreational Bathing Regulations (N.J.A.C. 8:26). These are the regulations which cover the operation of recreational bathing facilities, and which require ongoing weekly testing of pools, whirlpools, and other aquatic facilities for various types of bacteria.
Garden State Laboratories, Inc. is capable of performing Legionella analysis if requested. The NJDEP does not currently approve Legionella analytical methods.
Garden State Labs utilizes Legiolert, which is an analytical method that analyzes for Legionella pneumophila.
Legionella Testing Plan Options
The owner or operator is the party responsible for developing the required Water Management Program. This program may include testing requirements for Legionella pneumophila. We have been asked to provide options to be included in your Water Management Program.
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Water from whirlpools, spas, hot tubs, and pools may be routinely tested for L. pneumophila on a monthly basis. Public recreational bathing facilities in NJ are already required to be tested for other bacteria on a weekly basis.
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L. pneumophila could be tested for if the routine bacterial tests have an exceedance.
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This includes a Heterotrophic Plate Count above 200 colony forming units per 1 ml in any whirlpool, spa, hot tub, or pool.
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This also includes a Present Pseudomonas aeruginosa per 100 ml in a whirlpool, spa, or hot tub; or a Present Coliform bacteria per 100 ml in a pool.
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Test for L. pneumophila if the operational chlorine/bromine result is less than required. When in operation, chlorinated/brominated public recreational bathing areas must be tested for chlorine/bromine every 2 hours, and also when bacterial samples are collected. For pools the chlorine must be at least 1.0 ppm, bromine 2.0 ppm. For Hot tubs, spas & whirlpools, both chlorine and bromine must be at least 2.0 ppm
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Cooling Towers can be tested on a monthly basis.
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If incoming chlorinated water for the potable water system has a chlorine level less than 0.5 ppm, or hot/cold water distribution systems less than 0.2 ppm chlorine levels, L. pneumophila could be tested. Chlorine could be tested weekly.
These testing plan options are suggestions. Each location is unique and the Water Management Program must be designed for that location.
Required buildings and facilities
C.26:1A-140 Water management program development required of certain buildings, facilities. 6. a. No later than 24 months after the effective date of P.L.2024, c.66 (C.58:12A-12.10 et al.), the owner or operator of a building or facility that meets any of the following criteria shall develop a water management program to minimize the growth and transmission of Legionella bacteria in the building's or facility's water system, consistent with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 188-2018 or subsequent versions thereof, or comparable standards adopted by a nationally-recognized, accepted, and appropriate organization: (1) a general or specialty hospital that provides in-patient services and is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (2) a nursing home, assisted living facility, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (3) 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; (4) a federal, State, county, or privately owned or operated correctional facility with one or more centralized potable hot water systems; (5) a residential high-rise structure with six or more floors and one or more centralized potable water-heater systems; (6) 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; P.L. 2024, CHAPTER 66 5 (7) 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 and is subject to the provisions of P.L.1986, c.103 (C.52:27D-330 et seq.); (8) 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. The Department of Health or local health officer shall determine the period during which a water management program is required pursuant to this paragraph in order to address the increased risk of Legionella contamination of the building or facility.