Next May the 12th, new regulations on the horizon for the maintenance of water cooling towers will come into force, which will significantly affect condominiums as well as apartment buildings equipped with such air conditioning systems.
Last January 16th, Mrs. Agnès Maltais, the Minister of Labour, among others, announced the publication in the Gazette officielle du Québec of a draft regulation amending the Safety Code under the Building Act, c. B-1.1, on the maintenance of water cooling towers used to air condition buildings. Proposing such a regulation was motivated by the occurrence of several deaths in the region of Quebec during the summer of 2012 due to an outbreak of the legionnaires' disease bacteria. The deceased had been exposed to these bacteria through ventilation and air conditioning systems of buildings.
This regulation will require owners and operators of buildings with facilities and equipment for water cooling towers to air condition these to maintain them following a maintenance program. This maintenance program must be developed and signed by a member of a professional association whose scope of practice and activities are related to the field of water cooling towers.
The regulation will require, among other things, that the program developed by the professional takes into account the history of the installation, that it is reviewed by professionals every five years, and that the owner or operator of the building shall keep, on the premises, a record containing the following information:
- the name and address of the owner;
- if available, a copy of the plans of the system and of any changes, if necessary;
- the operation and maintenance manual of the manufacturer;
- the maintenance program developed by the professional in this field according to the
criteria of the regulation;
- the results of the water analyses of the last two years;
- the history and description of the maintenance, repairs, replacements and modifications
made;
- the name of the manager and the staff for maintenance as well as their phone number.
One must, however, understand, by the nature of the facilities involved, that this regulation does not address itself to all condominiums or rental dwellings, but rather to those of a large size for which air conditioning by such means is necessary due to their design and size.
We can easily understand the intended purpose of these measures, and we see them as a codification, albeit with more stringent requirements, of current practices already present in the field of management and maintenance of buildings. Because these systems are essential for the comfort of the building’s occupants, and since it is in the interest of the owner to ensure their proper operation in order to prevent malfunction or costly breakages, regular maintenance is provided by specialized firms.
The fact of having to develop the maintenance plan by a member of a professional association working in this field, is however an additional step, which will represent an additional expense to the owner or operator of the building. The syndicates of the co-owners of condominiums equipped with an air conditioning system of this kind will have to provide additional funds for their building’s maintenance budget in order to cope and the co-owners should expect to pay slightly higher condominium charges. However, these measures will probably represent an additional financial burden for the sole owner of a residential rental property who will thus have to support it in a current context of an obsolete system of rent setting.
We invite you to contact our team of lawyers specialized in real-estate law for any questions about this topic.