Cases of Legionnaires’ disease reached a record high in 2018, with more than 9,900 cases reported by the Centers for Disease Control (CDC) – an 800 percent increase since 2000.1

Commercial real estate owners face great exposure and liability, as legionella cases often result in costly, complex claims of bodily injury and property damage, generating high remediation and restoration costs. When a hotel has to shut down a block of floors that typically have 90 percent occupancy, that’s a huge interruption to regular business. Federal and state agencies can also levy fines and penalties. Together, these can lead to significant legal costs, as cases are handled by specialized attorneys with specific expertise.

Exposure to legionella, the water-born bacteria that spreads through inhalation of water or mist from hot tubs, spas and showers at hotels, gyms and multi-family residential facilities, is the precursor to Legionnaires’ disease, which can be deadly for the elderly and those with weakened immune systems.

Legionella is 40 times more resistant to chlorine than other bacteria, which means it requires a higher concentration and takes significantly longer to kill than typical plumbing-system bacteria. For this reason, a facility cannot depend on its municipalities’ disinfection methods to control its spread. Particularly susceptible are legacy plumbing and ventilation systems as well as facilities without an active facility water management plan, which includes regular bacteria testing.

The spread of legionella is 100 percent preventable.

With the right maintenance and plumbing systems in place, exposure to legionella bacteria can be avoided. Consider the following best practices to facility maintenance and water management.

  1. Vet contractors. Efficient design and renovation of a building’s plumbing systems is a first step in prevention. Make sure to hire reputable mechanical, electrical and plumbing (MEP) engineers and contactors to build showers, saunas, pools and mechanical rooms and cooling towers. Ask for references and vet anyone working in your building’s systems and insist they follow local codes and the American Society of Heating, refrigerating and Air-Conditioning Engineers (ASHRAE) standards. Processes for maintenance and testing, including heating up water and shutting off the return pipe should be established during systems design and renovation.
  2. Have a water management plan. Work with your building or renovation contractor to create a water safety plan in accordance with each building’s plumbing system. This should include testing, processes for surveillance of waterborne pathogens and bacteria, identification of risk areas within the system and should there be a discovery, a process for investigation and reporting to the state board or health.
  3. Test, test and test again. Facilities with high exposure to legionella, or those that experience warmer weather or high humidity even temporarily during the year will want to test for the bacteria monthly. Others will want to test quarterly or twice annually. Knowing the operational temperature of the water system daily, where the water is coming from and where it exists the building are all critical to accurate testing.
  4. Practice good maintenance. Keep the plumbing infrastructure and mechanical equipment clean via in-house maintenance or third-party maintenance contracts. Many professional real estate and hospitality-specific cleaning companies are versed in legionella bacteria and what is required to steer clear of an outbreak.
  5. Get insured.Property policies won’t cover a legionella outbreak in your facility. A specific environmental insurance policy must be negotiated by your broker to name: mold, microbial matter, fungi, viruses and legionella as covered pollutants. A good environmental insurance policy will provide coverage for:
    • Third-party injury and property damages
    • Remediation expenses
    • Civil fines and penalties
    • Business interruption
    • Public relations costs in the event of an outbreak
    • Legal defense expenses
    Hotels and other hospitality sites, real estate owners/operators will want to buy a site-specific policy to cover the building(s) and footprint of the real estate from environmental exposures. This is often referred to an Environmental Impact Liability (EIL) or a Pollution Legal Liability (PLL) policy.

Contact your HUB environmental expert to find out how you can safeguard your facility from the threat of legionella and other dangerous bacteria.

1https://www.tmc.edu/news/2019/12/recent-legionnaires-disease-outbreaks-raise-concerns/