Cooling Tower Requirements
As a result of the Legionella outbreak in the Bronx during Summer 2015, Cooling Towers are now regulated heavily by several NYC agencies (DOB and DOHMH), in addition to the New York State DOH. Here's basic information on these regulations
What is the summertime hyperhalogenation requirement, and why is it required?
The summertime hyperhalogenation is an additional preventive maintenance requirement aimed at reducing the risk of Legionella growth in cooling tower systems during the summer months when Legionella and other bacteria can multiply very quickly.
See the attached FAQ located at the bottom of this help article.
How do I register my Cooling Tower?
Cooling Tower registration is mandatory and must be completed prior to the initial operation. Building owners must register cooling towers or evaporative condensers through the City's Cooling Tower Registration Portal.
https://coolingtowers.cityofnewyork.us/
You will also need to register your Cooling Tower with the New York State
Click here to view the DOB Registration overview
Click here to view the DOB Cooling Tower brochure
Click here to visit the DOB Registration portal
Annual Certification
All owners/managers of properties with cooling towers are required to submit an annual certification with the DOB, verifying that the cooling tower has been inspected, tested, cleaned, and disinfected in compliance with Local Law 77. The due date for Annual Certification is November 1st.
Failure to comply with the Annual Certification of your Cooling Tower will result in the issuance of a violation punishable by a maximum fine of $10,000.
Click here to view Local Law 77 mandating Cooling Tower requirements.
Maintenance and Testing
Both New York State and New York City require owners to develop and start using a cooling tower system maintenance program and plan in line with the ASHRAE 188- 2015 standard.
Cooling Towers are required to undergo regular inspection and testing as part of an established maintenance plan, at least every 90 days, in accordance with industry and department standards. Owners and managers are required to keep testing paperwork and submit it to the department upon request. This is in addition to Annual Certification.
Click here to view guidelines on Inspection & Disinfection
Click here to view DOHMH Requirements for a maintenance plan
Click here to view New York State regulations
More Details:
New York State and City both require that the plan be based on section 7.2 of the ASHRAE 188-2015 standard, while the City requires that the plan also be based on sections 5 and 6 of that standard. The City provides a template for constructing an acceptable maintenance plan. Updated May 20, 2016.
The ASHRAE standard has its own general requirements for creating a maintenance plan, and the City rules have additional minimum requirements. Each plan should reflect the conditions and complexity of the cooling tower system while meeting both sets of minimum requirements (ASHRAE and City).
Note that neither the City nor State requires all maintenance activities to be done by a vendor. If the person performing the work is qualified (see above), he or she can be part of your building’s in-house facilities management team
Testing Details:
The State requirement for microbiological testing means that you should test for bacteria in the tower water routinely. At the least, you should test once every 90 days. You don’t have to do a specific test for Legionella bacteria each time, though you can. It’s fine to do a “dip slide” test, which is a general test for bacteria. Your vendor should know how to perform that test. The State requires that you include Legionella culture testing in your Maintenance Plan.
The City rules include these specific requirements for acceptable microbiological testing:
Perform Legionella testing of cooling tower system water through a CDC Elite Program-certified laboratory, NYSDOH Wadsworth Center or another approved laboratory every three months the system is in operation (and before startup and after specified emergency events).
You must notify the DOHMH within 24 hours about Legionella bacteria results only if you find more than 1,000 CFU/mL (colony-forming units of Legionella bacteria per milliliter).
Perform biological indicator (e.g. HPC dip slide) testing weekly.
Keep records of activities onsite for three years.
State requirements must be followed in addition to DOB/DOHMH requirements
Two law-defined parties performing these tasks are the responsible person and a qualified person.
The plan follows (and all owners/managers must follow) ANSI/ASHRAE 188-2015, Sections 5, 6, and 7.2; manufacturers' instructions; and the requirements laid out in Chapter 8.
A responsible person must monitor the cooling tower system weekly while in use.
A qualified person must conduct a compliance inspection at least once every 90 days
The system must be cleaned whenever a need is indicated, but no less than 2x/year.
Manual water measurements must be taken at least 3x/week, provided that no more than 2 days pass without measurement.
Bacteriological indicators must be collected and interpreted at least once each week.
Legionella culture testing must be conducted no less than once every 90 days.
As of January 1, 2020, all required cooling tower operations and maintenance records must be available for review by the Health Department at the time of inspection; the Department will no longer accept documents uploaded to the NYC Cooling Tower Registration Portal after the inspection as evidence of compliance. Failure to produce the required documents at the time of inspection may result in a civil summons subject to fines.
Please see the above links for more details on maintenance and testing requirements. You can also view the official Responsibility Checklist from the DOHMH here.
First Season use: Cleaning and disinfection must be done in 15 or fewer days from startup
Shutdown Procedures and Requirements
Discontinued use: Owners/managers must notify the DOB and NYS within 30 days after removing or permanently discontinuing use of a cooling tower. The tower must be drained and sanitized according to current DOHMH requirements.
Failure to notify the DOB regarding the discontinued use of your Cooling Tower will result in the issuance of a violation punishable by a maximum fine of $10,000
Extended Shut-Down: Cooling towers shut down for more than five days must be cleaned and disinfected. Cleaning must occur within 15 days before resumed use.
If an owner does not disinfect as required by the law, that condition could be considered a nuisance, and the State or local health department may take action against the owner to address the nuisance.
The City and State requirements mention “microbiological” and “bacteriological” testing. What do those terms mean?
The State requirement for microbiological testing means that you should test for bacteria in the tower water routinely. At the least, you should test once every 90 days. You don’t have to do a specific test for Legionella bacteria each time, though you can. It’s fine to do a “dip slide” test, which is a general test for bacteria. Your vendor should know how to perform that test. The State requires that you include Legionella culture testing in your Maintenance Plan.
The City rules include these specific requirements for acceptable microbiological testing:
- Perform Legionella testing of cooling tower system water through a CDC Elite Program-certified laboratory, NYSDOH Wadsworth Center, or another approved laboratory every three months the system is in operation (and before startup and after specified emergency events).
- You must notify the DOHMH within 24 hours about Legionella bacteria results only if you find more than 1,000 CFU/mL (colony-forming units of Legionella bacteria per milliliter).
- Perform biological indicators (e.g. HPC dip slide) testing weekly.
- Keep records of activities onsite for three years.
What if I don’t maintain records of activities with my Cooling Tower?
A DOHMH violation can be issued.
Please note, if a $500 mail-in option is given on the Summons (and the "required to appear" note is unchecked), the respondent can avoid a hearing by paying in advance.
The cure process occurs before a summons is issued, immediately after receiving a VDR (Violation Deficiency Report). Properties have 3 or 7 days to submit a correction for listed infractions. If they go uncorrected, they will become ECB-related Summonses.