N.Y. Comp. Codes R. & Regs. tit. 21 § 1950.17

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1950.17 - Cross-connection prevention program

(a) The water board policy is to protect the public water supply against actual or potential cross-connections by isolating within the premises contamination that may occur because of some undiscovered, or unauthorized cross-connection of the premises. This policy incorporates the elimination of existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption. The policy also encompasses the elimination of cross-connections between drinking water supply. The policy extends to the prevention of the making of cross-connections in the future. The policy encourages the exclusive use of public sources of water supply.

(b) Except when the water board determines that no significant hazard is posed by the premises served, the water board shall take such actions as it deems necessary and appropriate to protect the public water system from existing or potential contamination by containing within or limiting the existing or potential contamination to the premises or the user including, but not limited to:

(1) by requiring an acceptable air gap, reduced pressure zone device, double-check valve assembly or equivalent protective device acceptable to the director consistent with the degree of hazard posed by the premises served by the connection;

(2) by requiring the users of such connections to submit plans for the installation of protective devices, to the supplier of water and the State for approval. Such submission shall be accompanied with as plan review fee as identified in the board schedule of rates; and

(3) by assuring that all protective devices be inspected and tested at least annually by the user. The records of such inspections and tests shall be made available to and maintained by the water board.

(c) The water board shall not allow a user to establish a separate source of water. However, if the user justifies the need for a separate source of water, the water board shall take such action as it deems necessary and appropriate to protect the public water system from a user who has a separate source of water and does not pose a hazard as provided in this subdivision, including, but not limited to:

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

(2) by reviewing and approving the use of only those separate water sources which are properly developed, constructed, protected, and found to meet the requirements of the State Health Code. Applicants shall submit plans for construction thereof to the director together with a plan review fee as identified in the board schedule of rates; and

(3) by filing such approvals with the water board annually.

(d) All users of public water system shall prevent cross-connections between the potable water piping system and any other piping system within the premises.

(e) The user on any premises where backflow protective devices are installed shall conduct competent inspections at least once a year, or more often in those instances where successive inspections indicate repeated failure, and the director has established a more frequent schedule. These devices shall be repaired, overhauled or replaced at the expense of the user whenever they are found to be defective. These tests shall be performed in the presence of a certified backflow prevention device tester, and all test results shall be forwarded within 25 days to the director and the Niagara County Health Department. In the event that the test report is not received by the director within 25 days of the appropriate schedule, an order to comply will be issued. The city or water board will make its certified backflow prevention device tester available for inspections and testing on schedules established by the city in conjunction with the water board, and at the expense of the user. The director shall have access to any test being conducted.

(f) Inspection requests shall be as follows:

(1) Upon request of any property owner or his or her agent, the cross-connection inspector shall make an inspection of water connections to determine compliance or non-compliance with this Part and the State Plumbing Code. A property owner or his agent shall submit with any inspection request an inspection fee as identified in the board schedule of rates to cover the cost of such inspections; provided, however, that if the inspection fee has been paid and an inspection reveals any non-compliance with this Part or the State Plumbing Code, a request for re-inspection made within 120 days of the last inspection maybe made and will be provided without payment of any additional fee.

(2) Upon completion of any inspection or re-inspection, the cross-connection inspector shall issue or cause to be issued a letter stating compliance or non-compliance with this Part and the State Plumbing Code.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1950.17