Approval of warm water systems including thermostatic mixing valves (TMV)

Under the Public Health Regulation 2012, a warm water system must not be installed in a hospital unless it is of a kind approved in writing by the Secretary.
 

A list of approved WWS including TMV is published by NSW Health.

The specifications and process for approving systems are described in the following documents:

Provision of cold and heated water in hospitals

The Policy Directive: Water - Requirements for the provision of cold and heated water [PD2015_008] contains requirements for the provision of cold and heated water to be observed by hospitals, as defined in the Public Health Act 2010, to manage the risk of Legionella and to prevent scalding. A thermostatic mixing valve commissioning and/or maintenance report is provided in Attachment 1.
 

Notification of installation or change in particulars

Occupiers are responsible for ensuring that the local government authority is notified of an installation or change in particulars of a warm water system, using Approved Form 6: Notification of installation or change in particulars.

Inspection checklists for authorised officers

These inspection tools have been developed by the NSW Ministry of Health to support regulators in local councils and Public Health Units to carry out inspections regarding installation and maintenance of warm water systems.
Industry stakeholders may also wish to use these tools to ensure they are meeting their obligations under the Public Health Act 2010 and the Public Health Regulation 2012:

Templates for improvement notices and prohibition orders

Improvement notice

The  Improvement Notice - Regulated systems template has been developed by the NSW Ministry of Health to support Authorised Officers to serve an improvement notice, pursuant to sections 41 and 42 of the template has been developed by the NSW Ministry of Health to support Authorised Officers to serve an improvement notice, pursuant to sections 41 and 42 of the Public Health Act 2010, if the officer believes, on reasonable grounds, that a regulated system does not comply with, or is not operated or maintained in accordance with, an enforceable requirement.

An improvement notice requires an occupier at a premises at which a regulated system in installed/operated/maintained to comply with the specified enforceable requirement. Local regulators will need to update/modify this template with their own information as required.

Prohibition order

 Prohibition Order – Regulated systems template has been developed by the NSW Ministry of Health.

A prohibition order in relation to a regulated system orders, pursuant to section 45 of the Public Health Act 2010, the immediate shut down and cessation of operation of particular premises at which a regulated system is installed until a Certificate of Clearance is issued.

A prohibition order can only be issued if the Director General/local government authority/General Manager of a local council believes on reasonable grounds that:

  • that any of the circumstances in which an improvement notice may be issued exist and that:
    • the occupier has not complied with an improvement notice within the time required under the notice, and
    • the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or
    • that any of the circumstances in which an improvement notice may be issued exist and that the issue of the prohibition order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.

    Local regulators will need to update/modify this template with their own information as required.​​​​​

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    Page Updated: Friday 10 August 2018
    Contact page owner: Environmental Health