Once a legionella sampling plan has been approved by the NYC DOHMH and then implemented, the subsequent legionella results will indicate whether or not the building will need to take a step further into the Order of the Commissioner.

If the results of the initial evaluation legionella sampling conducted pursuant to section (4) above are positive for Legionella, you must:

I.  Establish a building water system management team

a. Within 3 calendar days of receipt of positive Legionella results from initial evaluation sampling, retain environmental consultant services (the “Consultant(s)”) with necessary expertise in assessment and remediation of building water systems. The Consultant shall develop both an acute remedial treatment plan (ARTP) and a long-term water management plan (LTWMP) for review and certification by an independent third-party auditor (as described in paragraph (c) below) prior to submission to the Health Department. The Consultant may include multiple team members and must include person(s) with the following credentials:

  1. At least one team member who is a licensed Professional Engineer (PE) registered with New York State (NYS), or a Certified Industrial Hygienist (CIH) designated by the American Board of Industrial Hygiene (ABIH), or a Certified Water Technologist (CWT) designated by the Association of Water Technologies (AWT). Such person must have appropriate training and experience to serve as the primary lead for the environmental consultant team. The primary lead will review remediation activities and certify their completion in accordance with this CO; and

  2. At least one team member with a minimum of two years of training and experience in hazard assessment and identification of critical control points (HACCP) principals for water treatment or water consulting. The training and experience must include water treatment programs of similar size and complexity with specific focus on Legionella risk identification and validation sampling.

b. Within 14 calendar days of receipt of positive Legionella results from initial evaluation sampling, retain the services of a third-party auditor who will provide independent certification that the ARTP and LTWMP meet the requirements of this Order and are adequate to remediate Legionella in the building water system in the short and long-term.

          c. The third-party auditor referenced in paragraph (b) above must:

i. Be independent and not have any existing affiliation with the building or the Consultant, not be the plan preparer of any ARTP or LTWMP for the building, and not be an employee or owner of the aforementioned location.

ii. Be a licensed PE registered with NYS, a CIH, or a CWT with at least two (2) years of experience in Legionella remediation of building water systems and in the development and implementation of water management plans in the City of New York.

iii. Have working knowledge of the rules and laws of the City of New York and New York State as they apply to building water systems and must provide to the Health Department current and valid registration(s), certificate(s), or substantially similar documentation establishing the credentials required by this Order.

           II. Develop the ARTP

          a. Within 21 calendar days of receipt of positive Legionella sampling results from initial evaluation sampling, submit an ARTP certified by a third-party auditor to the Health Department for review and comment. The building owner must notify the Health Department when the ARTP is submitted to the third-party auditor for review.

         b. The ARTP must be developed in accordance with the requirements set forth in Exhibit D of this Order.

         c. Within 3 calendar days of receipt of comments from the Health Department, if applicable, the Consultant shall address Health Department comments and resubmit the ARTP with an updated third-party auditor signed Certification. In order to satisfy ARTP completion requirements of this Order, the requirements in section (8) below must be met

          III. Implement the ARTP

a. Within 7 calendar days of receiving a written “Notice to Proceed” from the Health Department, fully complete implementation of the acute remedial treatment. Within 3 calendar days of completion, submit an affidavit to the Health Department attesting that acute remedial treatment was completed in accordance with the certified ARTP. The affidavit must be submitted along with a summary of the acute remedial treatment completed and field water quality monitoring data collected to verify implementation was completed in accordance with the ARTP. This includes temperature, disinfectant residual, pH, time to temperature after flushing, and any additional parameters specific to the remedial action selected.

 b. Sampling must be conducted as per the ARTP at 7 and 30 calendar days after completion of acute remedial treatment and meet the requirements set forth in Exhibit C of this Order. If sampling results show ongoing evidence of Legionella bacteria after ARTP implementation, the Health Department may require you to revise the ARTP and conduct additional remediation. Both ARTP revision and additional remediation actions shall occur within timeframes prescribed by the Health Department

IV. Modifications and operational changes
The Health Department must be notified prior to implementation of any planned operational changes to the management of the building’s potable water distribution system, any supplemental remediation to the system, or any proactive actions planned after receiving a written “Notice to Proceed” with ARTP.

           V.  Develop and implement the LTWMP

a. Within 90 days of receipt of positive Legionella sampling results from initial evaluation sampling, submit a signed affidavit (to be provided by the Health Department), attesting that the LTWMP has been developed by the Consultant and certified by the third-party auditor in accordance with the requirements set forth in Exhibit E of this Order and that 1202 Spofford Avenue ownership shall fully implement the LTWMP.

VI.  Record retention
a. Records for all activities associated with this Order must be kept with the building’s records for 5 years andbe made available upon request by the Health Department.