Bill Text: NY A04246 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to requiring the periodic inspection and maintenance of heating and cooling systems for the purpose of preventing and detecting the presence of legionella bacteria.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A04246 Detail]

Download: New_York-2017-A04246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4246
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced by M. of A. ABINANTI, GALEF, GUNTHER -- Multi-Sponsored by --
          M.  of A.   ROZIC, SIMON -- 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  Assem-
        bly, do enact as follows:
     1    Section  1. Article 13 of the public health law is amended by adding a
     2  new title 13-A to read as follows:
     3                                TITLE XIII-A
     4        PREVENTING AND DETECTING THE PRESENCE OF LEGIONELLA BACTERIA
     5    § 1389-aaa. The periodic inspection and  maintenance  of  heating  and
     6  cooling systems for the purpose of preventing and detecting the presence
     7  of  legionella  bacteria.  1. The department shall issue regulations and
     8  standards for the periodic inspection and  maintenance  of  heating  and
     9  cooling systems for the purpose of preventing and detecting the presence
    10  of legionella bacteria.
    11    2.  Said  regulations  and  standards  shall be applicable to heating,
    12  ventilating and air conditioning systems in multiple dwelling residences
    13  and commercial buildings, including but not limited to  cooling  towers,
    14  evaporative  condensers and humidifiers; and any other water system that
    15  the department deems necessary to inspect for the presence of legionella
    16  bacteria.
    17    3. Said regulations and standards shall include, but  not  be  limited
    18  to,  requirements  that  each owner: develop and implement a maintenance
    19  program and plan; keep a copy of the plan available for  review  by  the
    20  department  upon  request; have the heating and cooling system inspected
    21  at least semi-annually by a person qualified to evaluate such system for
    22  the presence of legionella bacteria  according  to  industry  standards;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03948-01-7
        A. 4246                             2
     1  upon  a determination of the presence of contaminants take all necessary
     2  steps to appropriately clean and disinfect the  system  and  immediately
     3  notify the department; and permit department personnel to enter upon and
     4  inspect any such system.
     5    4.  This  section shall not supersede or preempt any municipality with
     6  stronger rules, regulations, codes, statutes or ordinances  with  regard
     7  to detecting and preventing the presence of legionella bacteria.
     8    5. The department shall impose a civil penalty for a violation of this
     9  section  in  an  amount not to exceed one thousand dollars for the first
    10  offense and two thousand dollars for each additional offense.
    11    § 2. This act shall take effect immediately.