New York City is considering a law that would require large building owners to routinely test their water systems, including cooling towers, for Legionella bacteria. This measure comes in light of a significant outbreak that led to seven fatalities and 114 illnesses in Harlem.
Sponsored by Bronx Councillor Pierina Ana Sanchez, the proposed law would mandate that owners of multi-unit buildings—particularly those constructed over 65 years ago—establish a water management and treatment plan to combat Legionnaires’ disease.
April Mciver, executive director of the Plumbing Foundation, emphasized the urgency of the situation, referring to the Harlem outbreak as a “wake-up call” for the city.
Despite its necessity, the bill—labeled Intro. 434—has stalled since January 2024 without any hearings or votes in the Health Committee.
According to the legislation, building water systems would need to be inspected regularly, at least every six months. Inspections would require approval from a significant number of city council members, and they would evaluate the overall condition of the buildings’ water systems.
Owners would be required to hire qualified third-party water samplers to collect and analyze the water for Legionella.
In cases where testing reveals the bacteria, the property owners are expected to take immediate action and promptly inform tenants and visitors. Additionally, the health department reserves the right to inspect properties without prior notice to enforce compliance with the Legionnaires Prevention Code.
Penalties for noncompliance include a fine of at least $500 for the first infraction, escalating to $1,000 for a second violation, and $5,000 for additional breaches.
This legislation would take effect 180 days after being signed into law.
Sanchez’s office has not commented on the bill’s progress or the reasons for its delay.
Recently, First Deputy Mayor Randy Mastro remarked that the Harlem outbreak highlights the need for more rigorous regulations, suggesting that cooling towers should be tested every 90 days instead of the current requirements.
Moreover, McKibber indicated that evidence supports the idea that these systems contribute significantly to Legionnaire’s disease and proposed amendments to enhance the bill, including clearer guidelines for testing and monitoring.
