New Jersey building owners and property managers face an increasingly complex regulatory landscape, especially when it comes to water system safety. In September 2024, the state implemented Bill 2188, now known as Law 2188, mandating comprehensive water management plans for specific types of buildings. This legislation is a critical step towards preventing waterborne illnesses, most notably Legionnaires’ disease, by requiring systematic monitoring and maintenance of building water systems.
Law 2188 isn’t just another piece of compliance paperwork; it’s about safeguarding the health and well-being of building occupants. The law requires buildings where water stagnation and optimal growth temperatures for harmful bacteria are most likely to occur to develop and implement robust water management plans. These include:
- Healthcare facilities
- Hotels
- Residential buildings with centralized hot water systems
- Commercial buildings over a certain size or with cooling towers
- Prisons
- Buildings with prior outbreak of Legionnaires’ disease
Understanding that the responsibility for compliance falls on building ownership is important. However, effective implementation typically requires a collaborative effort between facility management teams and qualified water treatment professionals.
What Buildings and Facilities Will NJ Bill S2188 Affect?
- Public water systems with 100 or more service connections
- Healthcare facilities where
- Patient stays exceed 24 hours;
- Containing one or more areas for the purpose of housing or treating occupants receiving treatment for burns, chemotherapy, solid organ transplantation, or bone marrow transplantation;
- buildings containing one or more areas for the purpose of housing or treating occupants that are immunocompromised, at-risk, on medications that weaken the immune system, or have renal disease, diabetes, or chronic lung disease;
- Buildings containing a whirlpool, spa, pool, open- or closed-circuit cooling tower or evaporative condenser that provides cooling or refrigeration for a heating, ventilation, air conditioning, or refrigeration system, ornamental fountain, mister, atomizer, air wash, humidifier, or other non-potable water system or device that releases water aerosols in the building or on the property upon which the building is located
- Buildings that are more than 10 stories high, including any level that is below grade, with a centralized potable water-heater system.
How to Comply with NJ Bill S2188
An effective water management plan under Law 2188 isn’t a one-size-fits-all solution. It requires a tailored approach, starting with a comprehensive system assessment. This assessment should meticulously document every aspect of the water system, including:
- Cooling towers
- Hot water systems
- Decorative fountains
- And any other water features present in the building.
The assessment becomes the backbone of the entire plan, demanding thorough documentation of system design, layout, and identification of potential hazard points.
Beyond the assessment, the plan must also establish clear control measures that define acceptable ranges for critical parameters like temperature and disinfectant levels. These measures are system-specific but generally focus on preventing conditions that encourage bacterial growth. This often includes:
- Maintaining adequate biocide levels and controlling temperature ranges for cooling towers.
- Managing hot water temperatures and preventing stagnation in domestic water systems.
Regular monitoring is essential. Scheduled testing for bacteria, disinfectant levels, and other water quality parameters forms a documented record of system conditions, enabling early detection of potential problems before they escalate into system contamination.
Public Water Systems:
- Must maintain a minimum detectable disinfectant residual of free chlorine of at least 0.3 milligrams per liter (mg/L) in all active parts of the public water system at all times for systems utilizing chlorine as a disinfectant, or maintain a minimum detectable disinfectant residual of at least 1.0 milligrams per liter of monochloramine in all active parts of the public water system at all times for systems utilizing chloramine as a disinfectant
- Conduct disinfectant residual testing at frequent and regular intervals to determine the amount and type of detectable disinfectant residual existing at different points in the public water system.
- Must give prompt public notifications and reporting of any water disruptions that could increase Legionella levels.
- The owner or operator of a public water system with 100 or more service connections are required to provide a written record of a reported disruption in the water distribution system to the DEP within 24 hours of the occurrence of the disruption.
The bill also mandates that the Department of Environmental Protection (DEP) create a publicly accessible database on its website for records of water distribution disruptions. It also requires the DEP to publish a public notice in the New Jersey Register and on its website, detailing the format, content, and procedures for these notices and records.
Non-compliance with these requirements may result in investigations, additional disinfectant or testing mandates, and other corrective actions for the public water system.
Meeting the Deadlines
Time is of the essence. Law 2188 sets specific deadlines for implementation. After a building falls under the law’s jurisdiction, owners generally have:
- 90 days to develop a water management plan.
- 180 days for the plan to be fully operational.
This compressed timeline highlights the importance of proactive preparation.
Documentation is key. All water management activities must be meticulously recorded, including system assessments, control measure implementations, monitoring results, and corrective actions. These records must be kept for at least three years and be readily accessible for regulatory inspection.
More Than Just a Fine
Failing to comply with Law 2188 carries significant consequences. These range from substantial financial penalties, which increase over time, to potential waterborne disease outbreaks among building occupants. The CDC emphasizes that implementing a water management program is the most effective way to minimize Legionella growth and spread in building water systems.
The Role of Water Treatment Professionals – Water Management Plans
While facility management teams are on the front lines of implementation, developing a truly effective plan often necessitates specialized expertise. Partnering with experienced water treatment professionals skilled in Legionella prevention and water system management can provide invaluable assistance.
These professionals can conduct the initial system assessment, develop tailored control measures, establish monitoring protocols, and provide comprehensive training to facility staff. Ongoing support through regular testing services and assistance with corrective actions further strengthens compliance and system safety.
To learn more about developing a Water Management Plan that meets New Jersey’s Law 2188 requirements, contact Karen Buniak, VP Business Development at karenb@ttienv.com or Tim Popp, VP Environmental Consulting at timp@ttienv.com
Sources
• https://hcinfo.com/blog/new-jersey-legionella-regulations-summary-significance-and-keys-to-success/
• https://www.cdc.gov/investigate-legionella/php/healthcare-resources/preventing-healthcare-associated-legionnaires-disease.html
• https://legiscan.com/NJ/text/S2188/id/3011505
• https://www.cdc.gov/control-legionella/index.html
• https://towerwater.com/preparing-your-building-for-nj-2188-water-safety-standards/
• https://www.cdc.gov/control-legionella/php/guidance/index.html
• https://claritywatertech.com/understanding-new-jersey-bill-2188-to-control-legionnaires-disease/
• https://www.cdc.gov/control-legionella/media/pdfs/FS-LegionnairesVacationRental-508.pdf
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