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Title: Section 4-1.4 - Maintenance program and plan

Effective Date


4-1.4 Maintenance program and plan.

(a) By September 1, 2016, and thereafter prior to initial start-up of a newly installed cooling tower, the owner shall obtain or update a maintenance program and plan for each cooling tower, developed in accordance with section 7.2 of Legionellosis: Risk Management for Building Water Systems (ANSI/ASHRAE 188-2015), 2015 edition with final approval date of June 26, 2015, at pages 7-8, incorporated herein by reference. The latest edition of ASHRAE 188-2015 may be purchased from the ASHRAE website ( or from ASHRAE Customer Service, 1791 Tullie Circle, NE, Atlanta, GA 30329-2305. E-mail: Fax: 678-539-2129. Telephone: 404-636-8400, or toll free 1-800-527-4723. Copies are available for inspection and copying at: Center for Environmental Health, Corning Tower Room 1619, Empire State Plaza, Albany, NY 12237.

(b) In addition, the maintenance program and plan shall include the following elements:

(1) a schedule for routine bacteriological culture sampling and analysis to assess microbiological activity at intervals not to exceed 30 days while the cooling tower is in use, and that requires additional bacteriological culture sampling and analysis, as needed, to validate process adjustments;

(2) a schedule for routine Legionella culture sampling and analysis within 14 days of seasonal start-up and, thereafter, at intervals not to exceed 90 days while the cooling tower is in use. Cooling towers in use year-round must sample at intervals not to exceed 90 days, and within two weeks after start-up following maintenance;

(3) in addition to the routine Legionella culture sampling and analysis required by paragraph (2) of this subdivision, conditions that require immediate Legionella culture sampling and analysis, which shall include, but are not limited to:

(i) power failure of sufficient duration to allow for the growth of bacteria;

(ii) loss of biocide treatment of sufficient duration to allow for the growth of bacteria;

(iii) failure of conductivity control, or any other control methods, to maintain proper cycles of concentration;

(iv) a determination by the department or local health department that one or more cases of legionellosis is or may be associated with the cooling tower, based upon epidemiologic data or laboratory testing; and

(v) any other conditions specified by the department or local health department.

(4) provisions requiring immediate and appropriate action, including remedial action, in response to bacteriological and Legionella culture analyses. For Legionella culture analyses, such provisions shall include, but not be limited to, taking all responsive actions required by Appendix 4-A, including contacting the local health department within 24 hours pursuant to the conditions specified in section 4-1.6 of this Subpart;

(5) provisions requiring that any and all Legionella culture analyses must be performed in accordance with section 4-1.5 of this Subpart;

(6) a shutdown and disinfection plan for removing or permanently discontinuing use of a cooling tower;

(7) provisions requiring treatment and manual or automated flushing of any piping, basin, sump, or wetted surface during idle conditions; and

(8) provisions requiring cleaning and disinfection prior to startup of a stagnant cooling tower that has been shut down without treatment and recirculation for more than five consecutive days.

Statutory Authority

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


VOLUME A (Title 10)