N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.31

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-1.31 - Cross-connection control

(a) The supplier of water shall implement a service protection program (also known as containment) which includes the following:

(1) requiring a protective device commensurate with the degree of hazard posed by any service connection;

(2) requiring the user of such connections to submit plans for the installation of protective devices to the supplier of water and/or the State for approval; and

(3) assuring all protective devices are inspected and tested by a certified backflow prevention device tester, as prescribed in subdivision (b) of this section, at the time of initial installation, after each repair, and annually thereafter. Records of such tests shall be made available to, reviewed by, and maintained by the supplier of water. All protective device tests and inspections shall be conducted by a certified backflow prevention device tester ("tester").

(b) A certified backflow prevention device tester shall meet the following requirements:

(1) Initial certification and renewal requirements. Initial and/or renewal certifications for a certified backflow prevention device tester will be issued by a department-approved entity, when the applicant provides proof of satisfactory completion of a department-approved certified backflow prevention training course. The certification shall be valid for a period of three years.

(2) Conditions of certification.

(i) Upon issuance of a certification by a department-approved entity, the tester shall inform the department and the department-approved entity, within 30 days, of any changes in address or employment.

(ii) The department has the authority to require any individual applying for certification or renewal certification as a certified backflow prevention device tester or any certified backflow prevention device tester to take a written, oral and/or practical skills validated examination, if the department deems such examination to be reasonably necessary to determine the applicant's qualifications or to determine the certified tester's knowledge, skills, ability and judgment. The results of the examination may be the sole basis for approval, disapproval or suspension of such certification or the basis for additional requirements, deemed appropriate by the department, before certification will be issued or reinstated.

(3) Recertification requirements.

(i) An individual that allows his or her certification renewal to lapse after the expiration date is no longer certified to test applicable protective devices as outlined in this Subpart. If the individual meets the requirements outlined in this subdivision, within one year of the expiration date, the certification will be reinstated with a renewal period starting upon the date of expiration of the original certification and ending three years later.

(ii) An individual that allows his or her certification renewal to lapse for more than one year after the expiration date will be required to repeat the initial certification requirements set forth in paragraph (1) of this subdivision.

(c)Enforcement.

Upon notice and opportunity for a hearing, a tester's certification may be suspended or revoked. Revocation or suspension may be based on, but not limited to, fraud or misrepresentation by the certified tester; gross incompetence or gross negligence on a particular occasion; or negligence or incompetence on more than one occasion. Examples of such conduct include, but are not limited to:

(1) making false statements or notations on legal or official records required by the department; or

(2) providing misleading statements to government officials or agents of the government regarding protective device testing/certification.

(d) The supplier of water may not allow a user to establish a separate source of water. However, if a user justifies the need for a separate source of water, the supplier of water shall protect the public water system from such separate source of water by ensuring that such source does not pose a hazard in the following manner:

(1) by requiring the user to regularly examine the quality of the separate water source;

(2) by approving the use of only those separate water sources which are properly developed, constructed, protected and found to meet the requirements of sections 5-1.51 and 5-1.52 of this Subpart; and

(3) by filing such approvals with the State annually.

(e) All users of a public water system shall prevent cross-connections between the potable water piping system and any other piping system within the premises by installing internal protection in accordance with the New York State Uniform Fire Prevention and Building Code and/or the local plumbing and building codes.

(f) Any installation, service, maintenance, testing, repair or modification of a protective device shall be performed in accordance with the provisions of any relevant county, city, town or village plumbing code. All individuals who perform testing of protective devices shall be certified in accordance with subdivision (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-1.31

Amended New York State Register January 17, 2018 /Volume XL, Issue 03, eff. 1/17/2018