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Contents (2012 - 311)
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Public Health Regulation 2012
Current version for 19 July 2019 to date (accessed 23 October 2019 at 07:03)
Part 2 Division 6 Subdivision 3
Subdivision 3 Maintenance requirements
13L   Maintenance requirements
(1)  For the purposes of section 30 of the Act:
(a)  a cooling water system must be maintained in accordance with AS/NZS 3666.3:2011, and
(b)  a cooling water system must be maintained in accordance with the control strategies set out in Table 3.1 (for Legionella) and Table 3.2 (for heterotrophic micro-organisms) of that Standard, and
(c)  the risk assessments for a cooling water system that are required under AS/NZS 3666.3:2011 must be conducted in accordance with the following maintenance requirements prescribed by this Subdivision:
(i)  the risk assessments must be conducted in the manner required by clause 13M, including through the conduct of any further risk assessment required by clause 13M (5),
(ii)  each risk assessment must be documented and reported in accordance with clause 13N,
(iii)  compliance with each risk assessment must be audited in accordance with clause 13O, and
(d)  a cooling water system must be maintained in a manner that is subject to the sampling, testing and inspection required by clause 13Q.
(2)  Despite subclause (1) (a) and (b), a cooling water system at a thermal power station is not required to be maintained in accordance with clauses 3.2 and 3.3 of AS/NZS 3666.3:2011, but must instead be maintained in accordance with the protocols entitled Thermal Power Station Main Water Cooling Systems—Trigger Action Response Protocols, published by the Ministry of Health.
13M   Conduct of risk assessments
(1)  A risk assessment for a cooling water system must be undertaken by, or under the supervision of, a competent person.
(2)  The competent person who undertakes a risk assessment must indicate in the report of the assessment whether, after having regard to the approved form used in setting out a risk assessment, the competent person has determined that the cooling water system is:
(a)  low-risk, or
(b)  medium-risk, or
(c)  high-risk.
(3)  A risk assessment must be completed before the cooling water system commences operating.
(4)  However, in the case of a cooling water system that was in operation immediately before the date of commencement of this clause, a risk assessment must be completed no later than:
(a)  30 November 2018, or
(b)  any other date (that is after 30 November 2018 but before 1 July 2019) that is notified to the occupier by the local government authority for the area.
(5)  If a competent person who undertook any risk assessment of the cooling water system determined that the cooling water system was high-risk, a further risk assessment must be undertaken:
(a)  no later than 12 months after that determination was made, or
(b)  if there is reason to believe that the latest risk assessment is no longer valid, no later than 30 days after that reason becomes apparent.
Note.
 This provision requires a risk assessment at least once every 12 months. If an additional risk assessment is required because an earlier assessment is no longer valid, or revealed that the system is high-risk, the next risk assessment will be required 12 months after that.
(6)  If a competent person who undertook any risk assessment of the cooling water system determined that the cooling water system was low-risk or medium-risk, a further risk assessment must be undertaken:
(a)  no later than 60 months after that determination was made, and
(b)  if there is reason to believe that the latest risk assessment is no longer valid, no later than 30 days after that reason becomes apparent.
Note.
 This provision requires a risk assessment at least once every 60 months. If an additional risk assessment is required because an earlier assessment is no longer valid, or revealed that the system is high-risk, the next risk assessment will be required 12 months after that earlier assessment.
13N   Reporting on risk assessments
(1)  A risk assessment for a cooling water system must be documented in the approved form.
(2)  The occupier of the premises on which a cooling water system is installed must notify the local government authority for the area, in the approved form, no later than 7 days after a risk assessment required by this clause has been completed.
13O   Auditing of risk assessment
(1)  Compliance with the risk assessment of a cooling water system over a 12-month audit period must be audited.
(2)  The audit period for an ordinary risk assessment is:
(a)  the 12 months after the first ordinary risk assessment is required by clause 13M (3) or (4), and
(b)  each 12 months after that.
(3)  The audit period for an additional risk assessment is:
(a)  the 12 months after the additional risk assessment is required by clause 13M (5) or (6), and
(b)  each 12 months after that.
(4)  An audit must be completed within 2 months after the end of the audit period.
(5)  An audit must be carried out by a person who has been approved by the Secretary as an auditor, being a person who is not:
(a)  the person who undertook the risk assessment, or
(b)  the occupier, or
(c)  a duly qualified person who installed the cooling water system in the previous 5 years, or
(d)  a duly qualified person who operates or maintains the cooling water system, or who has done so in the previous 5 years, or
(e)  a person who operates a laboratory that carried out any monthly testing of the cooling water system in the previous 5 years.
(6)  An audit must be documented in the approved form.
(7)  The occupier must notify the local government authority for the area, in the approved form, no later than 7 days after each audit required by this clause is completed.
(8)  For the purposes of subclause (5):
(a)  an application for approval as an auditor is to be made to the Secretary in the approved form, and
(b)  an approval of the Secretary has effect for the period specified by the Secretary when the approval is given, unless it is sooner revoked in writing by the Secretary.
13P   Secretary may require additional risk assessments
(1)  The Secretary may notify an occupier that a new risk assessment must be undertaken of a cooling water system:
(a)  if any reportable test results have been notified for the cooling water system under clause 13R, or
(b)  if the Secretary considers that the existing risk assessment is not sufficient to protect public health.
(2)  If the Secretary notifies an occupier that a new risk assessment must be undertaken, the occupier must ensure that the new risk assessment is carried out by, or under the supervision of, a competent person within 30 days of the notice being given.
(3)  An authorised officer may review a risk assessment at any time.
13Q   Sampling, testing and inspection
(1)  Samples of water must be taken from a cooling water system:
(a)  at least once a month, and
(b)  in accordance with AS/NZS 3666.3:2011, and
(c)  by a duly qualified person.
(2)  Samples taken in accordance with this clause must be tested for Legionella and heterotrophic colony count in accordance with AS/NZS 3666.3:2011.
(3)  A cooling water system must be inspected and a chemical analysis of the cooling water system must be carried out:
(a)  at least once a month, and
(b)  in accordance with AS/NZS 3666.3:2011, and
(c)  by a duly qualified person.
(4)  A report prepared by a duly qualified person, in relation to the testing, inspection and chemical analysis required by this clause:
(a)  must be prepared in accordance with AS/NZS 3666.3:2011, and
(b)  must be provided to the occupier at least once a month, and
(c)  must be in the approved form.