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Title: Section 4-1.2 - Definitions

Effective Date


4-1.2 Definitions.

As used in this Subpart, the following terms shall have the following meanings:

(a) Bacteriologic culture sampling and analysis. The term bacteriologic culture sampling and analysis means the collection of a water sample for the measurement of live culture growth of the aerobic bacterial populations by heterotrophic plate count (HPC), dip slides, or similar method used by the industry and according to the manufacturer’s directions.

(b) Building. The term building means any structure used or intended for supporting or sheltering any use or occupancy. The term shall be construed as if followed by the phrase “structure, premises, lot or part thereof” unless otherwise indicated by the text.

(c) Cooling Tower. The term cooling tower means a cooling tower, evaporative condenser, fluid cooler or other wet cooling device that is capable of aerosolizing water, and that is part of, or contains, a recirculated water system and is incorporated into a building’s cooling process, an industrial process, a refrigeration system, or an energy production system.

(d) Legionella culture sampling and analysis. The term Legionella culture sampling and analysis means the collection of a water sample for the measurement of the live culture of Legionella involving the use of specialized media and laboratory methods for growth to determine the species and serogroup.

(e) Owner. The term owner means any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of, a cooling tower or the premises where the cooling tower is located. In all instances, the legal owner of the building shall be deemed an owner within the meaning of the Subpart. Further, where a tenant owns a cooling tower that services the tenant’s leased premises, the tenant is an “owner” within the meaning of this Subpart. Additionally, if a tenant does not own the cooling tower but has a lease or contractual arrangement to maintain the cooling tower, the tenant shall be deemed an agent having control of the cooling tower, and thus an “owner,” for purposes of this Subpart.

Statutory Authority

Public Health Law, section 225(5)(a)


VOLUME A (Title 10)