Laws & Regulations

Legal status
In UAE
In France

Legal status

We have seen that getting Legionnaire’s disease often has serious medical consequences. What is the juridical situation in such a case? Countries have different legislation, but the main principle applies to most:

If someone causes illness through negligence, he will be made economically responsible for the costs caused by this. In the case of a building’s tap water system, that would involve the owner and/or contracted maintenance partners. It could also involve the builder/contractor if the tap water system was not designed and built according to current standards.

The question of negligence could be not to design a new or renovated tap water system according to the best Legionella-preventing standards, despite having the knowledge. That would involve not using the required system design or the right components for this system, or operating the system at the wrong temperatures. As knowledge of the legionella disease mechanism and the Gemedic circulation method gets widespread, there will be a rising pressure on all responsible to keep informed and act accordingly.

Example: Recently, a man that was infected by Legionnaire’s disease at a Swedish hotel was awarded €30,000 for damages by a local court. Obviously, the economic consequences could be catastrophic for hotels, conference establishments, spas or other establishments that attract many short term visitors. Who would want to visit such a place if it was known for infecting its guest with legionella-borne diseases?

In UAE

Dubai Municipality
Public Statement January 28th 2005

Local Order No. 11 (Law)
"…obliges landlords, tenants and whoever occupies a structure to ensure the cleanliness and maintenance of water tanks and all pipe networks that distribute water throughout the structure"

Khalid Mohammed Shariff
Assistant Director of the DM Public Health Department and Head of Food Control Section

Who is responsible?

Dubai Municipality have recently reissued a directive that states EVERYONE is responsible. This is your opportunity to have the problem addressed.

Generally, the building owner is responsible for all aspects of the plumbing system and its maintenance, which includes the part of the supply pipe from the boundary of the highway in which the public water main is situated. New plumbing systems, and alterations and additions to older systems, must meet the requirements of the Local Water Supply (Water Fittings) Regulations.

A landlord or managing party (Letting agent) could be expected to advise you on how your drinking water is stored, what inspection and maintenance has been carried out on the drinking water tank, and pipework,and what water quality samples have been taken and their analytical results. They should be able to supply records of inspections and sampling results. You may contact your landlord/ letting agent for further advice.

In France

• Present regulations in France:

Arreté du Juin 1978 article 36- Installations of distribution of domestic hot water:

1. "The temperature of domestic hot water should not exceed 60 C at the point of drawing up. If necessary, for this purpose, an adjustment device must be at the user's disposal."

2. "However in the kitchens and the wash houses of public etablishments, water could de supplied at 90 C in certain points being the subject of a particular indication."

• New regulations project in France :

1. "In the water rooms, the temperature of domestic hot water, should not exceed 50 C at the points of drawing up."
2. "In the collective distribution networks, with a controlled temperature, this one can be higher than 50 C."
3. "the domestic hot water, supplied by the devices of water tank production must answer one of the following requirements:

-to beat a temperature distribution higher than 60 C at the exit of the device.

-to raise the temperature higher than 60 C during 24 hours before its use.