a. Definitions. For the purposes of this section, the following terms have the following meanings:
Building. The term "building" has the same meaning as in section 28-101.5 of this code.
Cooling tower. The term "cooling tower" has the same meaning as in section 28-317.2 of this code.
Owner. The term "owner" has the same meaning as in section 28-101.5 of this code.
b. Registration. An owner of a building that has a cooling tower shall register the cooling tower with the department of buildings in accordance with article 317 of chapter 3 of title 28 of this code.
c. Maintenance program and plan. An owner of a building that has a cooling tower shall develop and implement a maintenance program and plan for such cooling tower that is in accordance with sections 5, 6, and 7.2 of the American society of heating, refrigeration and air-conditioning engineers standard 188 for the year 2015 (ASHRAE 188-2015) and with the manufacturer's instructions. Such program and plan shall be developed by a qualified person.
d. Cleaning and disinfection after extended shut-down. At a minimum, an owner shall clean and disinfect cooling towers that are shut-down for more than five days. Cleaning and disinfection shall occur within 15 days before the use of such tower.
e. Minimum requirements for inspections and testing. At a minimum, cooling towers, other than cooling towers whose use has been permanently discontinued and for which a notice of such discontinuation has been sent to the department of buildings, shall be inspected and tested at least as frequently as every three months during periods of the year such cooling towers are in use.
1. Each inspection shall include an evaluation of the cooling tower and associated equipment for the presence of organic material, biofilm, algae and other visible contaminants.
2. Each inspection shall include a test for the presence of microbes in the water of the cooling tower. The department shall by rule establish (i) the targets and acceptable methods of microbial testing and laboratory analysis, (ii) the levels of microbes in cooling towers that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, and (iii) the levels of microbes in cooling towers that present a serious health threat and require immediate action and reporting.
(a) Where the results of any such test indicate levels of microbes that are indicative of a maintenance deficiency requiring mitigation, including but not limited to maintenance to prevent potential health risks, the owner of the building that has such cooling tower shall, within 48 hours after such owner knows or reasonably should know of such results, clean and disinfect the cooling tower in accordance with the rules of the department.
(b) Where the results of any such test indicate levels of microbes that present a serious health threat, the owner of the building that has such cooling tower shall, within 24 hours after such owner knows or reasonably should know of such results, (i) notify the department and (ii) clean and disinfect the cooling tower, including an additional application of biocide, in accordance with the rules of the department.
f. Inspections, cleaning and disinfection. All inspections, cleaning and disinfection required by this section shall be performed by or under the supervision of a qualified person. For any inspection that includes tests conducted pursuant to paragraph 2 of subdivision e of this section, such qualified person shall, within five days of such inspection, report to the department the date on which such inspection occurred, and the department shall make that date available on a city website. The owner shall ensure that such report is submitted to the department by the qualified person within five days of the inspection. When the department inspects a property pursuant to paragraph 1 of subdivision i of this section, it shall check the accuracy of the dates reported pursuant to this subdivision against the dates of inspection in the records of the property owner.
g. Abatement. Where an owner does not clean and disinfect a cooling tower within the time and manner set forth in subdivision e, the department may serve an order on the owner requiring compliance within a specified time. If such order is not complied with the department may authorize any agency of the city to act as agent of the department in executing such order and may recover the costs of such execution from the owner in accordance with any of the methods set forth in sections 17-149 through 17-158.
h. Recordkeeping.
1. An owner shall keep and maintain records of all inspections and tests performed pursuant to this section for at least three years. An owner shall maintain a copy of the maintenance program and plan required by subdivision c of this section on the premises where a cooling tower is located. Such records and plan shall be made available to the department immediately upon request.
2. An owner shall make available the results of each inspection conducted pursuant to subdivision e of this section to any member of the public within five business days of a request, or within five business days of the receipt of such results by such owner, whichever is later.
i. Enforcement.
1. An officer, employee or agent of the department may enter onto any property to inspect the cooling tower, and review and obtain a copy of any records or plan required to be kept under subdivision h of this section, for compliance with the requirements of this section or any of the rules promulgated thereunder, in accordance with applicable law.
2. (i) Any owner of a building who violates any provision of this section or any of the rules promulgated thereunder shall be liable for a civil penalty of not more than $2,000 for a first violation, and not more than $5,000 for a second or subsequent violation, except that such owner shall be liable for a penalty of not more than $10,000 for any violation that is accompanied by or results in a fatality or serious injury.
(ii) In addition to any civil penalties under this subdivision, a violation of an order pursuant to subdivision g of this section shall be a misdemeanor punishable by a fine of not more than $25,000 or imprisonment for not more than one year, or both.
(iii) A notice of violation served for civil penalties pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings.
j. Electronic reporting. The department may require any submission required by this section be submitted electronically.
k. Guidance for building owners. The department, in consultation with the department of buildings, shall hold information sessions, at least twice annually, for interested building owners, regarding the requirements for maintaining, cleaning, and inspecting cooling towers in accordance with this section. The information provided in such information sessions shall also be posted on the website of the department in simple and understandable terms.
l. The commissioner, in consultation with the department of buildings, shall submit a report to the mayor and the speaker of the city council on or before May 15 each year until May 15, 2025, reporting on the following information for the prior year:
1. The number of new cooling tower registrations pursuant to section 28-317.3 and the number of notifications of discontinued use of a cooling tower pursuant to section 28-317.3.1 received by the department of buildings through November 1 of the prior year;
2. The number of annual certifications that a cooling tower was inspected, tested, cleaned and disinfected pursuant to section 28-317.5 received by the department of buildings through November 1 of the prior year;
3. The number of reports of tests for the presence of microbes that reveal levels that present a serious health threat received by the department pursuant to paragraph 2 of subdivision e of this section;
4. The number of inspections of cooling towers conducted pursuant to subdivision i of this section and the rules of the department, the number and types of any violations cited during such inspections, and the number of buildings registered pursuant to subdivision b of this section by November 1 of the prior year that were not inspected;
5. The number of cleanings, disinfections or other actions performed by or on behalf of the department pursuant to subdivision f of this section; and
6. The number of persons diagnosed with legionnaires' disease in the city in each of the previous 10 years, to the extent known or reasonably discoverable by the department.
m. In addition to the requirements of section 23-502, the results of each inspection of a cooling tower by the department conducted after the effective date of this section pursuant to paragraph 1 of subdivision i of this section shall be posted in a searchable format on the website of the department and maintained on such website for no less than three years.
(L.L. 2015/077, 8/18/2015, eff. 3/1/2016; Am. L.L. 2019/076, 4/28/2019, eff. 10/25/2019; Am. L.L. 2019/077, 4/28/2019, eff. 7/27/2019; Am. L.L. 2019/078, 4/28/2019, eff. 7/27/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/077.