Changes to Legionella Regulations

On 1st January 2010, new regulations have come into force relating to sites that have a private water distribution network. If you think this does not affect you – you really should read on…

What is a private distribution network (PDN)? This is a potable / wholesome water network within the boundary of a private site – a ‘network’ being a water supply pipe that has rising mains in more than one building, and ‘wholesome water’ being that used for drinking and cooking. If the supply pipe connected to the water company main feeds a single building then this is not a network however if it goes on to supply additional buildings around a site then the new regulations may apply.

Examples may include schools (including colleges and university campuses with multiple teaching blocks), MOD sites, caravan parks, factories or offices with several buildings present on the site. There will be exceptions on smaller sites such as primary schools with mobile classrooms for example however this may need to be checked on a site by site basis. Site owners or managers who are unsure whether their site contains a PDN should contact the local water company for clarification on whether they are affected.

The intention of the Regulations is to ensure continued quality of safe drinking water from the boundary of the site – which is the point at which the responsibility hands over from the water company to the site owner – to the end consumer.

Under the new regulations, property owners and operators will be required to:
 

• Identify sites that may contain a private distribution network.
• Clarify ‘grey area’ sites with the local water company.
• Carry out a risk assessment of the network to identify potential sources of contamination of the water supply (however the Local Authority Environmental Health Department must agreed that you or your nominated Contractor is competent).
• Implement a programme for monitoring and sampling (based on the findings of the risk assessment, once complete), which has been agreed by the Local Authority Environmental Health Department.
• Make annual sample results returns to the local authority Environmental Health Department (reporting year runs Jan – Dec)

Environmental Health Officers have been tasked with ensuring all PDNs have a risk assessment in place. Although the risk assessments should be in place by 2015 we would advise that certain actions need to be taken immediately such as identifying assets that fall under the regulations and consultation with the water supply companies to determine responsibilities. If risk assessments are currently being undertaken, it will be cost effective to include any additional requirements at this stage of the process rather than undertaking specific assessments later. The Environmental Health Departments will investigate any water sample failures and it is their duty to enforce the regulations and a breach may result in prosecution through the Magistrates’ Court.


The DWI will shortly be issuing guidance relating to the completion of the initial risk assessment and the required sampling regimes. In addition, those registering a PDN will be given a template on which to complete their annual returns.

More information will soon be available at www.dwi.gov.uk or you can contact GBNS by ringing 01371 810700 or consultant@gbnsasbestos.co.uk