If you have received an Order of the Commissioner letter from the NYC Department of Health and Mental Hygiene (NYC DOHMH), we are here to help. Working with you and the NYC DOHMH, we will prepare and submit for approval the required Legionella Sampling Plan.

The following information are the required essentials within an Order of the Commissioner for a Domestic Water System in NYC

  1. Within 1 calendar day of receipt of a tenant notification letter from the Health Department, distribute the notification letter to all residents and employees in accordance with the Health Department’s direction and post this letter in a conspicuous location on the premises.

  2. (2)  Within 1 calendar day of receipt of this Order:

    1. Contact the Health Department with a phone call or emailing BWevaluation@health.nyc.gov to initiate an assessment of the building’s potable water distribution system. The Health Department will respond with contact information for our building evaluation point of contact(s) and any agents acting on the Health Department’s behalf.

    2. Submit to the Health Department (and our agents, if any), any background information requested, including building ownership, building use (for example, residential, commercial, industrial or mixed), building classification and occupancy type, and vacancy rate.

    3. Submit to the Health Department (and our agents, if any), any premises plumbing background information requested, including a description of hot and cold water distribution in the building and whether it is shared with other buildings or service zones, availability of bathtubs in the units and presence of specific water features, such as drinking water tanks, cooling towers, or bathing establishments (for example, a spa or pool).

  3. Within 5 calendar days of receipt of this Order:

    a. submit to the Health Department at BWevaluation@health.nyc.gov, with carbon copy to any agents referenced in section (2) above, the following information to assess the risk associated with Legionella organisms in the building’s potable water distribution systemi. a completed environmental assessment form (EAF), attached to this Order as Exhibit A;

    ii. building premises/plumbing system(s) engineering/architectural plans, and/or as-built drawings, and/orbuilding water system(s) schematic;

    iii. information about any operational changes to the management of the building’s potable water distribution system, any remediation conducted to the system, or any proactive actions planned or taken after the issuance of this Order.b. Retain a consultant with Legionella-specific environmental expertise that will conduct the initial evaluation requirements outlined in section (4) of this Order and submit their credentials and contact information to the Health Department for review.c. Provide the Health Department and its agents access to the building in question, as needed, for the purposes of evaluating the building’s potable water distribution system.

  4. (4)  Within 10 calendar days of receipt of an Order, complete a thorough hazard identification, risk assessment and risk management of the building water system based on the information gathered in (3) and submit a Legionella initial evaluation sampling plan to the Health Department for review and comment. The sampling plan must be developed using relevant procedures from industry guidance and standards for building water systems as provided in Exhibit B of this Order. The sampling plan must represent a comprehensive cross-section of the building’s water system and include sampling at all independent risers where water quality may vary. The sampling plan shall be submitted to the Health Department. At a minimum, the sampling plan shall include:a. Municipal water entry to building

    b. Hot water heater

    c. Hot water recirculation line just prior to entering the hot water heater d. Hot water storage tanks

    e. Proximal location(s) for hot water distribution

    f. Distal location(s) from the hot water heater and hot water storage tanks g. Any additional locations required by the Health DepartmentWithin 3 calendar days of receiving a written Notice to Proceed from the Health Department for the sampling plan, the building owner / owner’s representative must implement the initial evaluation sampling plan under steady state conditions representative of the building’s water system. Legionella samples shall be collected for laboratory analysis in accordance with the requirements described in Exhibit C of this Order.

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