Acts and Regulations

2022-39 - Water Circulation Systems

Full text
Current to 1 January 2024
under the
Public Health Act
(O.C. 2022-180)
Filed June 30, 2022
Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:
1 This Regulation may be cited as the Water Circulation Systems RegulationPublic Health Act.
2 The following definitions apply in this Regulation.
“Act” means the Public Health Act. (Loi)
“cooling system” means one or more cooling towers that share one or more components of their superstructure and includes all components, process instruments and appurtenances through which water flows or comes into contact with the cooling tower, including biocide, anti-scaling and anti-corrosion chemical applicators, valves, pumps, the tower superstructure, condensers and heat exchangers, and any other related components.(système de refroidissement)
“cooling tower” includes an evaporative condenser and fluid cooler. (tour de refroidissement)
“Guidelines” means the New Brunswick Technical Guidelines for Water Circulation Systems published by the Minister, as amended from time to time. (lignes directrices)
“water management program” means a Legionella bacteria control water management program referred to in section 6.3. (programme de gestion de l’eau)
Water circulation system
3A cooling system is prescribed for the purposes of the definition “water circulation system” under section 1 of the Act.
Application fee
4(1)Subject to subsection (2), effective April 1, 2023, the application fee for a licence to operate a water circulation system is $450 for each cooling tower in the system that is the subject of the application.
4(2)In the case of an initial application for a licence, an application fee under subsection (1) is reduced by
(a) 25 % for a licence issued between July 1 and September 30, inclusive,
(b) 50 % for a licence issued between October 1 and December 31, inclusive, and
(c) 75 % for a licence issued between January 1 and March 31, inclusive.
Issuance of licence
5 The Minister shall issue a licence to operate a water circulation system if the Minister is satisfied that an applicant has fulfilled all the requirements of the Act and the regulations in relation to an application for a licence.
Cooling tower identification number
6(1)When the Minister issues a licence under section 5, the Minister shall assign an identification number to each cooling tower in the water circulation system that is the subject of the licence.
6(2)The holder of the licence shall display on each cooling tower the assigned identification number on a sign or plate that is
(a) no less than 20 cm by 25 cm in size,
(b) securely fastened in a clearly visible location, and
(c) constructed of a durable, weather-resistant material.
Exemption – federal buildings
6.1A water circulation system located in a building owned by the Government of Canada and in respect of which the Minister has entered into a Memorandum of Understanding with the Government of Canada in relation to the disclosure of information concerning the water circulation system is exempt from the application of sections 4 and 6.2 to 6.7.
Standards and requirements
6.2(1)For the purposes of subsection 24.3(1) of the Act, the standards and requirements are those specified in the Guidelines.
6.2(2)The Minister shall publish the Guidelines by posting them on the Government of New Brunswick website.
Water management program
6.3(1)For the purposes of paragraph 24.3(2)(a) of the Act, it is a term or condition of a licence that a holder of a licence operate and maintain a water circulation system in accordance with a water management program that is prepared, reviewed and, if necessary, revised by a person who meets the criteria specified in the Guidelines with respect to training and qualifications.
6.3(2)A water management program shall be reviewed and, if necessary, revised once every five years or at the frequency specified in the Guidelines if they require more frequent reviews or at any time required by a medical officer of health.
6.3(3)A water management program shall contain the components specified in the Guidelines.
6.3(4)A holder of a licence shall provide to the Minister in the manner required by the Minister a copy of the water management program and any revisions to the program.
6.3(5)A holder of a licence shall maintain a copy of the most recent version of the water management program in the building where the water circulation system is located.
Water monitoring
6.4A holder of a licence shall monitor the water in a water circulation system for the presence of Legionella bacteria by
(a) taking water samples in the manner, with the frequency and at the locations specified in the Guidelines, and
(b) submitting the water samples for testing to an accredited laboratory that meets the requirements set out in the Guidelines for the delivery of water testing services.
Reporting test results
6.5Within five days after a holder of a licence receives the test results, the holder shall submit a report of the results to the Minister by electronic means.
Corrective actions
6.6If the water in a water circulation system contains Legionella pneumophila bacteria in a quantity or concentration that is equal to or greater than 1,000 CFU/ml or 1,000 MPN/ml, a holder of a licence shall take the corrective actions specified in the Guidelines.
Records and documents
6.7A holder of a licence shall maintain for at least three years the following records and documents:
(a) with respect to a water sample taken under section 6.4, records and documents that contain the following information:
(i) the location where the sample was taken;
(ii) the date and time when the sample was taken; and
(iii) the test results;
(b) records and documents concerning any corrective actions taken under section 6.6; and
(c) records and documents concerning the maintenance of the water circulation system.
Notify medical officer of health
6.8For the purposes of paragraph 24.3(6)(b) of the Act, the prescribed quantity or concentration of Legionella pneumophila bacteria is 1,000 CFU/ml or 1,000 MPN/ml.
Updating of information
7(1)An applicant or holder of a licence, as the case may be, shall provide the Minister with updated information at least five days before any change in the information provided in the initial application or as subsequently updated.
7(2)Despite subsection (1), the holder of a licence shall advise the Minister of any change in the ownership of the building in which the water circulation system is located at least 30 days before the change.
Renewal of licence
8 The holder of a licence who applies to renew a licence shall pay the fee required under subsection 4(1) at the time of application and ensure that all the information provided in the initial application or subsequently updated is accurate.
Suspension or revocation of licence
9(1)The Minister may suspend or revoke a licence if the Minister is satisfied that the licence holder has violated or failed to comply with any provision of the Act or this Regulation.
9(2)The suspension of a licence may be subject to conditions.
9(3)The Minister may reinstate a licence that has been suspended if the licence holder has complied with the conditions of the suspension.
Duration of licence
10 Every licence expires on March 31 unless it has been suspended or revoked in the interim.
Licence not transferable
11 A licence is not transferable.
12This Regulation comes into force on August 1, 2022.
N.B. This Regulation is consolidated to June 1, 2023.