New Jersey Bill 2188 Legionella Compliance

masthead-logo-icon
New Jersey Bill 2188 Legionella Compliance

This bill is in addition to the New Jersey Revised Statutes Title Section 26 and Title Section 58.

New Jersey Facilities Affected

The owner or operator of certain New Jersey buildings must develop a water management plan.  The purpose of this is to limit Legionella bacteria in water.  This must be done within two years of the effective date of January 1, 2024, for P.L.2024, c.66 (C.58:12A-12.10 et al. These are the types of facilities that are affected by this law change:

  • Hospitals
  • Nursing Homes
  • Buildings with the following equipment: pools, spas, cooling towers, evaporative condensers, ventilation, air conditioning, refrigeration, fountains, misters, humidifiers, and other non-potable (water sources not meant for drinking) systems
  • Prisons
  • Buildings with 6+ floors
  • Apartments
  • Hotels
  • Buildings with a prior outbreak of Legionnaires’ disease.

There are more details about exactly which buildings qualify, but essentially, most commercial, industrial, and large residential buildings are required to comply with Bill 2188. This bill does not apply to homes with 4 or fewer units.

How to Sample and Test for Legionella

Legionella Sampling Factors to Consider:
Temperature for Growth 
Different Locations
Measured in cfu / ml

The specific guidelines for testing and sampling for Legionella Pneumophila Bacteria are taken from a few different sources. ANSI/ASHRAE Standard 188-2018 (or later versions, the latest version is 188-2021), New Jersey Department of Health, and CDC are the resources building owners should use when sampling or testing for Legionella.

Water Management Plan Rules

  • Testing, understanding, and addressing results- ANSI/ASHRAE’s 188 Standard & Department of Health
  • Reporting positive test results- Department of Health (In addition to this, public notice is required)
  • Developing and using a water management plan- Department of Health (Specific guidance to be on its website by January 1, 2025. This will have forms for the history of completion and other recommended procedures)
  • Written procedures/history may be reviewed by several agencies with the power to order inspections (Department of Health, Environmental Protection, Community Affairs, etc.)
CDC
New Jersey Department of Health
ASHRAE

On or before April 1, 2025, they need to have enacted their water management plans. They need to keep documentation on file for their water management program, its history, and any other related documents.

Penalties

Failing to comply with the new regulations set forth here or failing to report a positive Legionella test will result in a fine of up to $2,000 initially, then up to $5,000 after that for each additional failure. Serious injury or death caused from one of these failures will result in a fine of up to $10,000.

Additional Notes

The New Jersey Department of Health will create a public awareness campaign regarding Legionella. If your building works with the government (has a GSA contract) there may be additional federal regulations that were recently implemented nationwide that you should review.

Our New Jersey Certified Legionella Services

Chardon Labs are experts in Legionella control and testing. Our ASSE 12080 service managers are ready to help you.

Chardon Lab’s service managers have a ASSE 12080 certification for Legionella control. We have several important customers in New Jersey including schools, manufacturers, apartments, and more. Chardon Labs will help you become compliant with Bill 2188 when treating your heating and cooling equipment. We also offer quick and accurate Legionella sampling, testing, and remediation options. Consult us today for quick help with your Legionella concerns by filling out a contact form or by reaching us at (380) 224-7395.

Avatar photo

Matt Welsh

Matt Welsh is the Vice President and Water Consultant at Chardon Labs. He helps consult a wide range of customers utilizing various methods of water treatment, from chemical to chemical-free approaches, large and small applications, and across a wide range of geographical influences. With 20 years of water treatment experience, including a wide range of troubleshooting and service in potable water and non-potable HVAC and industrial applications, he is an expert in water treatment chemistry for cooling towers, boilers, and closed-loop systems.

Previous ArticleWhat Are the Different Types of Cooling Towers? Next ArticleHow Often Should Cooling Towers Have Legionella Testing