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Town of Guilderland, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Guilderland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 225.
Sprinkler systems — See Ch. 239.
Streets and sidewalks — See Ch. 243.
Zoning — See Ch. 280.
[Adopted 6-11-1974 as Subpart 4, Div. 2, 1974 Code]
The purpose of this article is to establish rules and regulations for water districts within the Town of Guilderland and to establish rents, rates, penalties and minimum charges and to grant to the Town Board of the Town of Guilderland the power to establish rents, rates, penalties and minimum charges.
A. 
All applications for the use of water in the Town of Guilderland (hereafter referred to as the "Town"), must be made, in writing, on a form provided by the Department of Water and Sanitation (hereafter referred to as the "Department"). On acceptance by the Department, the application shall constitute a contract between the Town and the applicant obligating the applicant to pay the Town its established rates and to comply with the rules and regulations.
B. 
Applications of contractors, builders and others for temporary service will be accepted, written permits will be issued and temporary water service will be supplied providing it does not interfere with use of water for general purposes, and that the use of water from any hydrant shall be strictly in accordance with § 272-7B of this chapter. Customers requiring temporary service shall reimburse the Department for its expense in connection with providing the necessary temporary service connection, and a deposit specified by the Department may be required.
C. 
No agreement will be entered into by the Department with any applicant for water service until all charges due from the applicant for water or services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
D. 
Acceptance and/or approval of the water service application of any new applicant or the providing of increased service to any existing water user: requiring water for other than normal domestic purposes; requiring daily quantities of water which, in the opinion of the Department, are excessive as to total daily quantity or rate of use during any portion of the day; whose requirements for water, in the opinion of the Department, will in any way limit the ability of the particular water supply and distribution system to provide satisfactory water service to all then-existing water users, shall be subject to the review and approval of the Department. Where necessary, in the opinion of the Department, the applicant shall provide at his own expense such water conservation, storage or flow-limiting facilities or such other devices necessary to obtain the approval of the Department. The Department reserves the right to refuse or limit service to any new applicant or existing water user if the foregoing requirements are not met to the Department's satisfaction.
[Amended 5-2-1995 by L.L. No. 6-1995]
A. 
As security for payment of bills, the Department may require of any applicant or any customer to whom it may be supplying water a deposit approximately equal to 1 1/2 times the estimated average bill for the billing period. In case the billing period is changed and/or the estimate of the amount of the bill is found substantially incorrect, an adjustment shall be made in the deposit to suit the condition. Deposits of applicants will be payable at the time of application and of customers upon demand.
B. 
When service is discontinued and final bills are paid or when the customer has established satisfactory credit in the judgment of the Department, the deposit will be refunded to the depositor.
A. 
Who can make installations and requirements.
(1) 
No person shall make any attachment with the mains of the Town nor may make any repairs, additional to or alterations with the service waterlines unless he be authorized by the Department.
(2) 
A separate service line shall be required for each dwelling or commercial building as specified under Subsection E. In cases of multiple occupancy, the size and number of separate service lines required shall be at the sole discretion of the Department.
(3) 
Any existing consumer in violation of these requirements may be notified on 30 days' written notice from the Department to conform to this regulation.
B. 
Openings in public ways.
(1) 
Whenever a property owner, contractor or subdivision developer has to open a trench on any Town road, he must obtain from the Town Highway Superintendent a road-cutting permit.
[Amended 4-10-1984 by L.L. No. 6-1984]
(2) 
Public safety. Whenever any street or public grounds shall be opened for the purpose of making a connection with the mains or for laying any waterlines or fixtures, the public safety and convenience shall be duly regarded and the street or public place shall be restored to its original condition as soon as possible; and whenever a trench is opened, bridges for the safety and convenience of the public shall be provided and, if left open at night, such excavations and bridges shall be guarded with barricades, and lights shall be displayed to warn and protect the public. The application must contain from the Highway Department the required permit and display the same in the Town of Guilderland.
C. 
Ownership.
(1) 
At his/her own expense, the applicant shall install from the curb box to the meter on the premises a service line and service connections, all to be approved by the Department. Every service line must have a stopcock of an approved type at the property or easement line and be provided with an iron curb box and cover. This stopcock may not be used by the customer for turning on or shutting off the water supply but is for the exclusive use of the Department.
(2) 
The service line and service connections from the curb box to the meter shall at all times remain the sole property of the applicant, in whom title thereto shall vest. All service lines installed shall have no sweat joint between the curb box and the meter.
D. 
Maintenance and replacement.
(1) 
The customer, at his/her own expense, will maintain and protect from freezing and when necessary replace such service line and service connections, specifications for which are contained in Subsection E.
(2) 
Should a leak occur in a service line, the owner shall forthwith cause the same to be repaired at his/her own expense. Should the owner fail to effect such repair after two days' written notice from the Department, the district will cause the water service to be discontinued until such repair has been made.
E. 
Service line specifications.
[Amended 4-10-1984 by L.L. No. 6-1984]
(1) 
All service lines shall have a minimum cover of 60 inches below the surface of the ground, and in no case will any waterline be allowed to be laid in any sewer or drain trench, nor will any drainage into a waterline trench be permitted.
(2) 
All service lines shall not be less in size than three-quarter-inch inside diameter and shall be United States Government Specification Type K soft-tempered copper tubing with only mechanical joints underground; over 100 feet: one inch minimum in size is required. For service three inches in diameter, or larger, ductile iron double cement lined class 52 pipe of quality equal to American Water Works Association or federal specifications, and of weight suitable for service under a pressure equivalent to at least 350 pounds per square inch are required. The Department reserves the right in all cases to stipulate the size and type of service lines to be used.
F. 
Service connection specifications and rules.
(1) 
All tapping shall be performed under the supervision of the Department. No tapping will be done after November 1 and before April 1 unless weather permits at the discretion of the Department.
(2) 
The curb stop and box will be placed at the easement or property line.
(3) 
No outlet through which water can be taken between the meter and the district's main in the street will be permitted.
(4) 
No red or white lead will be permitted to be used on joints between the meter and the main.
(5) 
No one shall leave the stopcock open nor allow the water to run on the premises after making any new connection with the street main or after making any new extension or attachment in unoccupied premises, but in cases where the work is a simple extension or additional attachments on consumer's side of the meter, in places where the water is then in use, the installer may leave the water on.
(6) 
Except on the pipes on the consumer's side of the meter, no additions or alterations whatever in or about public or private water pipes shall be made by any person until application therefor has been made to the Department and a written permit given therefor.
(7) 
When the supply of water to any premises has been turned off by the direction of the Department, service shall only be returned by and with the authority of the Department.
(8) 
If any building is razed, moved or abandoned, it will be the responsibility of the owner or authority which requires such razing, moving, abandonment or other modification by virtue of public improvement to notify the Water Department to remove the meter. The owner shall discontinue the water service line by physically removing the service line connection at the corporation valve and replacing it with a brass plug or other approved method, under the supervision of the Water Department and/or agent.
[Amended 5-2-1995 by L.L. No. 6-1995]
G. 
Underground sprinkler systems. Underground sprinkler systems will be allowed under the following conditions:
[Amended 4-10-1984 by L.L. No. 6-1984]
(1) 
Application for permission for installation must be filed with the Water Department.
(2) 
The applicant must file a set of plans for approval before installation begins.
(3) 
A New York State Health Department approved (backflow preventer) must be installed as contained in Article II, Cross-Connections.
[Amended 5-2-1995 by L.L. No. 6-1995]
(4) 
An electrical timer device must be installed to control usage of sprinkling systems. This must conform with the rules and regulations as set forth in § 272-7H.
[Amended 5-2-1995 by L.L. No. 6-1995]
(5) 
The underground sprinkler system will be inspected by this Department before the system is put into operation. An inspection fee as set by resolution of the Town Board from time to time for residential and commercial will be charged.
[Amended 5-2-1995 by L.L. No. 6-1995]
(6) 
A thermal expansion tank shall be properly sized and installed on the cold waterline as part of each installation unless otherwise approved by the New York State registered professional engineer.
[Added 5-2-1995 by L.L. No. 6-1995]
(7) 
The use of an automatic rain shutoff gauge shall be installed.
[Added 5-2-1995 by L.L. No. 6-1995]
H. 
Car washes. Commercially operated car washes attached to the municipal water supply are prohibited unless the Superintendent of Water and Wastewater Management determines in writing that the proposed car wash uses a water recovery system or other technologies to satisfactorily reclaim and preserve water. Water may be supplied for drinking and sanitary facilities.
[Amended 3-19-2019 by L.L. No. 3-2019]
I. 
Swimming pools.
(1) 
Regulations for the use of municipal water in swimming pools shall be as established by the Department as the restriction needs dictate.
(2) 
Any swimming pool utilizing over 1,000 gallons of water, whether located above or below ground, in any of the public water districts of the Town shall have an adequate filtration and recirculation system.
(3) 
Before a pool of 1,000 gallons or more capacity located within any or all public water districts of the Town of Guilderland shall be filled with water from the public supply, a permit for this purpose shall be requested from the Department which shall stipulate on what date and between what hours such filling shall take place. Such date and times are to be determined by the Department, and such determination shall be made on the basis of when such use of the water will constitute the least strain on the water supply system. When, in the opinion of the Department, such restriction is unnecessary, the filling permit may be waived.
[Amended 5-2-1995 by L.L. No. 6-1995]
J. 
Air-conditioning, refrigeration and heating units.
(1) 
All air-conditioning, refrigeration and heating units connected to the public water supply must be of an enclosed fully recirculating pressure type.
(2) 
Existing units or installations heretofore installed (this chapter was adopted July 14, 1970) and not of an enclosed fully recirculating type shall be converted to conform to this chapter within five years from the effective date of this chapter.
A. 
An individual meter shall be required for each separate service line to a premises. The users of water shall at no time tamper with the meter. Any tampering with the water meter shall constitute a violation of this chapter.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
B. 
All water meters will be purchased from the Department of Water and Wastewater Management, except as set forth hereafter. All meters will be purchased at the owner's cost. The water district will be responsible for installation, removal, maintenance and testing of said water meters, and all water meters will become water district property. Subdivision developers (those developing three or more lots) shall purchase water meters directly from a supplier, which water meters shall conform to the Water Department specifications for said water meters.
[Amended 5-2-1995 by L.L. No. 6-1995; 6-1-1999 by L.L. No. 5-1999]
C. 
Submetering will not be permitted.
D. 
Meters larger than two inches shall be compound meters and furnished by the Water Department at the owner's expense and shall be set at or near the property line or in a place designated by the Department, and all expense in connection with its proper housing, including a bypass for testing, shall be borne by the customer. Such meters shall be maintained and repaired at the expense of the customers. A diagram of the pit and proper piping shall be approved by the Department.
E. 
The Department reserves the right to remove, test and repair any meter at any time.
F. 
Vacation of premises; fee.
(1) 
If any premises is vacated, the consumer may, on written notification to the Department, request that the water meter be removed and stored.
(2) 
During the period the meter is out of service, no charge for water service will be made.
(3) 
When service is again requested, the district will reestablish service for a fee as set by resolution of the Town Board from time to time.
G. 
Meters will at all times be protected from freezing. In the event that the meter is damaged by freezing or other external cause, the Department will replace the meter and a bill will be rendered to the consumer for the cost of repairs.
H. 
The district will maintain, repair and test, when necessary, all meters. The Department reserves the right to remove and test the meters as required. In case of a disputed account involving the accuracy of a meter, the Department will test the meter upon the request of the customer. A fee as set by resolution of the Town Board from time to time is required. In the event that the meter is found to over-register in excess of 2% at any flow rate within normal test flow limits, the fee will not be charged to the customer; otherwise it will be retained by the District as a charge and included on the next water bill.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
A. 
All bills are payable in accordance with the terms of the applicable service classification. For new services installed at any time during the billing period, the minimum charge and the amount of water allowed thereunder will be prorated according to the number of days remaining to complete the billing period after the service has been made available.
B. 
Meters will be read and billed semiannually.
C. 
The quantity recorded by the meter shall be considered the amount of water passing through the meter, which amount shall be conclusive on both the customer and the Department, except when the meter has been found to be registering inaccurately, or has ceased to register. In such cases, the quantity may be determined by the average registration of new meter, or adjusted based on the tested percent of over registration, whichever method is representative, in the Department's opinion, of the conditions existing during the period in question.
[Amended 5-2-1995 by L.L. No. 6-1995]
D. 
Any consumer finding an overcharge or undercharge in his statement is requested to report the error before paying the bill so that it may be corrected.
E. 
All bills are due and payable without penalty 30 days after date thereof. All water charges by the Department shall be in lien upon which or in connection with which such water is used. If such charges are not paid within 30 days from date due, the water supply may be cut off until such charges are paid. A penalty of 5% of the amount of their bill shall be added to the bill for late payment.
[Amended 5-2-1995 by L.L. No. 6-1995]
F. 
There shall be filed annually with the Town Board a statement showing the unpaid water charges and penalties payable to the Department, with a brief description of the property upon which the water was used, the names of the persons or corporations liable to pay for the same and the amount chargeable to each, for the purpose of having such sums levied as a tax against the property liable.
A. 
Water service may be discontinued by the Department for any one of the following reasons:
(1) 
For use of water other than as represented in customers' applications or through branch connections on the street side of the meter or place reserved therefor.
(2) 
For willful waste by use of water through improper and imperfect pipes, or by any other means.
(3) 
For molesting any service line, seal or meter.
(4) 
For nonpayment of bills for water or services rendered by the Department in accordance with these rules and regulations.
(5) 
For cross-connecting pipes carrying water supplied by the Department with any other source of supply or with any apparatus which may endanger the quality of the Department's water supply.
(6) 
For refusal of reasonable access to the property for the purpose of reading, repairing, testing or removing meters or inspecting water piping and other fixtures.
(7) 
For violation of the rules of the Department as set forth in its rules and regulations.
(8) 
For failure to repair leaky service lines after two days' notice.
B. 
No person shall open or interfere with the fire hydrants or draw water therefrom without permission from the Department or, in case of fire, by the chiefs of the fire departments or their assistants.
C. 
In the interest of public health, the Department will not permit its mains or service lines to be connected in any way to any piping, tank, vat or other apparatus which contains liquids, chemicals or any matter which may flow back into the Department's service lines or mains and consequently endanger the water supply.
D. 
Upon receipt of an application for a new service or for the reinstatement of an existing service, the Department will assume that the piping and fixtures which the service will supply are in proper order to receive the same, and the Department will not be liable in any event for any accident, breaks or leakage arising in any connection with the supply of water or failure to supply the same.
E. 
Any person who damages any street hydrant shall be liable for the actual damages sustained to the hydrant as well as the loss of water wasted before the hydrant can be shut off.
F. 
The Department undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to customers, but reserves the right, at any time without notice, to shut off the water in its mains for the purposes of making repairs or extensions or for other purposes, and it is expressly agreed that the Department shall not be liable for a deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever, nor for any damage thereby or by the bursting or breaking of any main or service line or any attachment to the Department's property. All applicants having boilers upon their premises depending upon the pressure in the Department's pipes to keep them supplied are cautioned against danger of collapse, and all such damage shall be borne exclusively by the applicant.
G. 
In those cases where a customer-owned service line is frozen, the thawing shall be done at the expense of the customer. To avoid a recurrence of freezing, the Department may order an examination of the customer's service line and, if the same is not at a depth of 60 inches as required, the Department reserves the right to require it to be so relocated before service is resumed.
H. 
In order to maintain sufficient water supply and pressure at all times for fire protection and household use, from May 1 through September 15, lawn sprinkling, garden sprinkling and other use of public water shall be restricted to the following days and times:
[Amended 5-3-1988 by L.L. No. 1-1988; 12-6-1988 by L.L. No. 5-1988; 7-14-1992 by L.L. No. 2-1992; 5-2-1995 by L.L. No. 6-1995; 5-5-1998 by L.L. No. 7-1998; 4-1-2003 by L.L. No. 2-2003]
(1) 
Automatic lawn sprinkler systems.
(a) 
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with even-numbered addresses and with automatic lawn sprinkler systems serviced by the municipal supply, may use the public water supply for outside lawn and garden sprinkling on even-numbered calendar days 1:00 a.m. to 4:00 a.m., regardless of the nature of use of the premises.
(b) 
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with odd-numbered addresses and with automatic sprinkling systems serviced by the municipal water supply, may use the public water supply for outside lawn and garden sprinkling on odd-numbered calendar days 1:00 a.m. to 4:00 a.m, regardless of the nature of use of the premises.
(c) 
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with automatic lawn and garden sprinkling systems serviced by the municipal supply, shall not be permitted to use manually placed and/or handheld lawn sprinklers outside of the times specified in Subsection H(1)(a) and (b).
(2) 
Manually placed lawn sprinklers or handheld watering.
(a) 
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with even-numbered street addresses and without automatic lawn sprinkling systems serviced by the municipal supply, may use the public water supply for outside lawn and garden sprinkling on even-numbered calendar days 6:30 a.m. to 8:00 a.m. and 6:30 p.m. to 8:00 p.m., regardless of the nature of use of the premises.
(b) 
All dwellings, buildings, structures, lots, pieces or parcels of land connected to the public water supply, with odd-numbered street addresses and without automatic lawn sprinkler systems serviced by the municipal supply, may use the public water supply for outside lawn and garden sprinkling an odd-numbered calendar days 6:30 a.m. to 8:00 a.m. and 6:30 p.m. to 8:00 p.m., regardless of the nature of use of the premises.
(3) 
The restrictions contained in Subsections A and B above shall not apply to hand-sprinkling of outdoor gardens used for the growing of noncommercial foodstuffs and flower gardens.
(4) 
In the event of a fire or other water emergency, the Supervisor, upon the recommendations of the Superintendent of the Department of Water and Wastewater Management, may modify or suspend any or all of the regulations relating to sprinkling for the duration of the emergency. The Department of Water and Wastewater Management shall notify the public by publication or other appropriate manner of any modification or suspension of sprinkling as a result of such emergency.
(5) 
Upon application of any person, the Supervisor, or his/her designee, may vary or modify the restrictions contained herein upon such terms and conditions as he/she deems appropriate. There shall be no appeal from the decision of the Supervisor on an application made under this subsection.
(6) 
Nothing contained herein shall restrict the use of private wells for outside watering purposes, provided that a sign stating "PRIVATE WELL" must be displayed on the dwelling, readable from the right-of-way. All private wells' water faucets must be permanently labeled. No interconnection of the private well with the public water system shall be permitted.
(7) 
No person shall fill a swimming pool from the public water supply at any time without the approval of the Superintendent of the Department of Water and Wastewater Management. The Superintendent shall specify the quantity, time and method for filling of swimming pools.
(8) 
Any person who violates this subsection shall be guilty of a violation and shall be punishable by a fine of not less than $50 for the first offense, and not less than $100 for any second or subsequent offense committed within the same calendar year.
A. 
Payment. Bills for water used or services performed by the Department shall be paid to the Receiver of Taxes.
B. 
Establishment of rents. Water rents, rates, penalties and charges are as may be established by Town Board resolution.
C. 
Minimum charge. No bill will be rendered or payment accepted for less than the minimum charge for each billing period.
D. 
Private fire-protection service.
(1) 
Sprinkler head fire protection.
(a) 
Any and all sprinkler systems installed in residences, multiple dwellings and commercial buildings (i.e., any and all building) shall meet the requirements of the following:
[Amended 5-2-1995 by L.L. No. 6-1995]
[1] 
New York State Department of Health State Sanitary Code, revised as of January 6, 1993, and as it may subsequently be amended.
[Amended 6-1-1999 by L.L. No. 5-1999]
[2] 
National Fire Protection Association Standards for Installation of Sprinkler System, latest revisions.
[3] 
According to Article II, Cross-Connections, of this chapter.
(b) 
The Department reserves the right to require the furnishing of detailed drawings showing the proposed installation and to approve or disapprove the type of valving to be installed on such a system and to inspect by its own forces or duly authorized representatives any such installation, past, present or future, and to require that the standards outlined in Subsection D(1)(a) be met.
(2) 
Private water distribution system, hydrant protection.
(a) 
Any and all private water supply distribution systems installed within the Town, equipped with hydrants for fire protection, shall conform to the requirements of the following:
[1] 
New York State Water Resources Commission Rules and Regulations Governing Water Supply Applications, dated 1966.
[2] 
New York Fire Insurance Rating Organization.
(b) 
Detailed plans and drawings of any and all such installations shall be furnished for the approval of the Department before any permit to make such installation or build shall be issued and to inspect the same during construction to guarantee compliance.
(c) 
The Department reserves the right to require any sprinkler system installation or any hydrant system installation installed prior to the date of this chapter to be brought up to the standards referred to at any time.
E. 
Water for construction. Water for contractors, builders and other temporary purposes (§ 272-2B) will be billed from $30 upward for such privilege, according to the estimated amount of water to be used or metered at the discretion of the Department. The willful waste of water under temporary permits shall constitute a violation of this chapter, and the Department may cancel such permit.
[Amended 5-2-1995 by L.L. No. 6-1995]
The procedures to be followed by owners of developments in the Town of Guilderland, exclusive of Altamont, who propose to install new water mains shall be in accordance with the rules and regulations of the Department and as enumerated in the following sections:
A. 
The owner or his engineer shall furnish the Department with two prints of the proposed overall development plan on which are indicated the required water mains and appurtenances. The Department shall also furnish to the owner the Department's requirements regarding materials of construction and specifications for pipe, fittings, valves, hydrants and appurtenances. After this plan has been approved by the Department, one copy will be filed with said Department. Maps shall be 24 inches by 36 inches in size, drawn to the scale of one inch equals 50 feet.
[Amended 5-2-1995 by L.L. No. 6-1995]
B. 
Before the owner is ready to file his map with the Department of Health, he shall furnish the Department, for its approval, with a copy of the proposed map, on which will be indicated the size of the water mains and appurtenances along with construction specifications, in writing, which should be consistent with the requirements of the Department furnished under Subsection A above.
[Amended 5-2-1995 by L.L. No. 6-1995]
C. 
The water mains will be installed under the supervision of the Town-designated engineer and the Department, and upon completion, one Mylar of as-built plans of the completed installation shall be furnished the Department by the owner.
[Amended 4-10-1984 by L.L. No. 6-1984; 5-2-1995 by L.L. No. 6-1995]
D. 
Upon completion of construction, the entire water system must be turned over to the Town. However, before the Town will undertake to take over such water system so installed in private developments, the developer must transfer its right, title, interest and ownership to the Town for the normal consideration of $1 before it will undertake to keep it in operation and repair. The Town must be furnished satisfactory proof that either the streets in which the water mains are laid have been dedicated and accepted by proper public authority or instruments granting easements to the Town in a form to be recorded in Albany County Clerk's office with a satisfactory title company certificate showing the same to be executed by all owners and mortgagees or other lienors, and that all valve boxes have been located and placed at the right levels.
E. 
Upon satisfactory completion of the above sections, the Department will then advise the New York Fire Insurance Rating Organization accordingly.
[Amended 6-1-1999 by L.L. No. 5-1999]
Unless otherwise provided herein, the violation of any provision of this chapter shall be an offense of the chapter, which will be punished by a penalty as set forth in Chapter 1, General Provisions, Article III.
[Adopted 5-2-1995 by L.L. No. 6-1995]
A. 
The purpose of this article is to protect the Town of Guilderland public water supply from possible contamination by isolating within the customer's internal distribution system such contamination which could backflow into the public water system; and
B. 
To comply with the requirements of the New York State Sanitary Code 5-1.31.
For the purpose of this article, unless the context or subject is plainly evident, the following terms used are hereby defined as follows:
ACCEPTABLE BACKFLOW PREVENTION DEVICE
An acceptable air gap, reduced pressure zone device (RPZ) or double check valve assemble (DCV) as used to contain a potential contamination within a facility.
ACCEPTABLE DEVICES
Those devices or assemblies found to be acceptable for containment control in New York State in accordance with the Department of Health's requirement as outlined in this article.
AESTHETICALLY OBJECTIONABLE FACILITY
One in which substances are present, which if introduced into the public water system could be a nuisance to other water customers, but would not adversely affect human health. Typical samples of such substances are: food grade dyes, hotwater, stagnant water from fire lines, lawn sprinkler systems in which no chemical additives are used.
AIR GAP SEPARATION
An unobstructed vertical atmospheric break from the lowest opening of a water supply pipe or faucet and the flood level rim of a receiving vessel. The differential distance shall be at least double the diameter (2D) of the supply line. In no case shall the air gap be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have freemoving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings, shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element, e.g., clapper, shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE CHECK VALVE ASSEMBLY (DCV)
An assembly with two, single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve. This device must be approved as a complete assembly. The device shall be readily accessible for maintenance and testing.
APPROVED REDUCED PRESSURE ZONE DEVICE (RPZ)
A device incorporating a minimum of two independently acting check valves and an automatically operated pressure differential relief valve located between the two checks. During normal flow and at the cessation of normal flow, pressure between these two checks shall be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain the pressure between the checks at less than the supply pressure. The unit must include tightly closing shut-off valves located at each end of the device, and each device shall be fitted with properly located test cocks. This device must be approved as a complete unit. The device shall be readily accessible for maintenance and testing and installed in a location where no part of the device will be submerged.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the Town water supply.
BACKFLOW
A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution pipes of the Town water supply from any source other than its intended source.
BACKPRESSURE
The resulting backflow of contaminated, polluted or otherwise unacceptable quality water from a plumbing fixture or other customer source(s) into the Town's water supply system due to a greater pressure within the customer's water system.
BACKSIPOHNAGE
The backflow of contaminated, polluted, or water of unacceptable quality from a plumbing fixture or other customer source(s), into the Town's water system due to a temporary negative or subatmospheric pressure within the public water system.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is examined annually by the New York State Department of Health and found competent by it for testing of backflow prevention devices.
CUSTOMER
A water user served by the Town's water system.
CUSTOMER'S WATER SYSTEM
The piping used to convey water supplied by the Town's system throughout a customer facility.
CONTAMINATION
The presence in water of a substance (organic, inorganic, radiological, or biological) that degrades its quality.
COUNTY HEALTH OFFICER
The Albany County Health Officer, his assistants, or authorized deputies acting as, or any person appointed as, Health Officer of the County of Albany.
CROSS-CONNECTION
Any unprotected connection between any part of the Town water supply system and any source or system containing water or substances that are or cannot be approved as safe and potable for human consumption.
HOSE BIBB VACUUM BREAKERS
A protective device that will provide back-siphonage protection for portable hoses connected to exterior hose thread faucets.
MANAGER
The Manager of Water of the Town of Guilderland, or his authorized representatives.
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water system consumer.
PROTECTIVE DEVICE
Any of the following devices:
A. 
Air gap separation.
B. 
Approved reduced pressure zone device (RPZ).
C. 
Approved double check valve assembly (DVC).
D. 
Hose bibs vacuum breaker.
SERVICE CONNECTION
The terminal end of a service from the Town water supply at its point of delivery to the consumer. If a meter is installed "service connections" means the downstream end of the meter. No unprotected tare-offs from the service line ahead of any meter of backflow protective device shall be permitted.
TOWN
The Town of Guilderland.
TOWN WATER SUPPLY
An approved water supply sold and delivered to consumers through the water works system of the Town of Guilderland.
TOXIC SUBSTANCE
Any substance (liquid, solid, or gaseous), that when introduced into the water system, creates or may create a danger of the health of the consumer.
Each service connection from the Town water supply shall be protected against backflow of water from the premises into the Town water supply.
A. 
If the auxiliary water supply handled in a separate piping and cross-connections are known to exist between the Town supply and auxiliary which cannot be presently eliminated, the Town water supply shall be protected by an approved reduced pressure zone device. When the Town water supply may be contaminated, the Manager may order the Town supply protect u by an air gap separation installed at the service connection.
B. 
Toxic or hazardous substances.
(1) 
Toxic or hazardous substance under pressure. At the service connection to any premises on which a toxic substance or material dangerous to health, is or may be handled under pressure, the Town water supply shall be protected by air gap separation. The air gap separation shall be located as close as practicable to the property line, and receiving tanks shall be entirely visible. If the conditions cannot be reasonably met, the Town water supply shall be protected by an approved reduced pressure zone device, providing this alternative is acceptable to the Manager and County Health Officer.
(2) 
Toxic or hazardous substance not under pressure. At the service connection to any premises on which a toxic substance material dangerous to health is or may be handled, but not under pressure, the Town water supply shall be protected by an air gap separation or an approved (RPZ) reduced pressure zone device. The RPZ or air gap shall be located as close as practicable to the property line and all piping between the property line and receiving tanks shall be entirely visible.
C. 
Nonhazardous substance. At the service connection to any premises a substance that would be objectionable is handled so as to constitute a cross-connection, the Town water supply shall be protected by an approved double check valve assembly.
D. 
Sewage treatment plant and pumping stations. At the service connection to any sewage treatment plant or sewage pumping station, the air gap shall be located as close as practicable to the property line and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonable met, the Town water supply shall be protected by an approved reduced pressure zone device.
E. 
Fire systems. At the service connection to any premises in which a fire protection system is installed, the Town water supply shall be protected with an approved backflow prevention device in accordance with the following classifications:
(1) 
Class 1: direct connection from public water mains only; no pumps, tanks or reservoirs; no physical connections from auxiliary water supplies; no anti-freeze or other additives of any kind; all sprinkle drains discharging to the atmosphere, dry wells, or other safe outlets: protection (min) double check valve assembly.
(2) 
Class 2: same as Class 1, except booster pumps may be installed in the connections from the street mains. Booster pumps shall avoid drafting so much water the water main is reduced below 20 p.s.i.: protection (min) double check valve assembly.
(3) 
Class 3: direct connection prom public water supply main plus one of the following: elevated storage tanks; fire pumps taking suction from above ground covered reservoirs or tanks; and pressure tanks: protect (min) double check valve assembly.
(4) 
Class 4: directly supplied from public mains, similar to Classes 1 and 2, and with an auxiliary water supply on or available to the premises; within 500 feet of the pumper connection: protection air gap or reduced pressure zone device.
(5) 
Class 5: directly supplied from public mains, and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water system; or where anti-freeze or other additives are used: protection air gap or reduced pressure zone device.
(6) 
Class 6: combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pumps: protection determined by the manager after repair review of engineering drawings of the system.
F. 
Miscellaneous apparatus.
(1) 
Lawn sprinkling systems. At the service connection to any permanently installed lawn sprinkling system, the Town water supply shall be protected by an approved double check valve assembly. The use of lawn sprinkling systems handling liquid fertilizers or other chemicals is prohibited.
(2) 
Swimming pools solar collection units, boilers, etc. that may directly or indirectly connect to the Town's water supply shall be isolated with an appropriate backflow device as determined in this article.
(3) 
Exterior hose bibbs. All exterior hose bibbs (faucets) that are connected to the Town's water supply shall be protected from backflow by the means of a hose bibb vacuum breaker.
It shall be the responsibility of each consumer at his/her expense to furnish, install, test and maintain in safe and working order any and all protective devices required in this chapter. The Town shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the improper or negligent installation, operation, use, repair or maintenance of, or interfering with any protective device by any consumer or any other person. It shall be the consumer's responsibility to install and maintain as part of each backflow device installation properly sized water expansion tanks to protect his/her individual plumbing system from damage due to thermal expansion.
The consumer on whose premises any protective device is installed shall have each device inspected annually. Each device shall be repaired, overhauled, or replaced at the expense of consumer whenever it is found to be defective. Records of such tests, repairs, and overhauls shall be kept and a copy of such records shall be forwarded to the Department on an annual basis. If successive inspections reveal repeated failures in the operation of any device, the Manager may require more frequent inspections. All test, repairs, and overhauls shall be performed by a New York State certified backflow device tester. If at any time the consumer fails to have any of the required inspections made as required herein or make the above-described records available, the Department shall have the right to inspect the device and the consumer shall pay the cost thereof. The cost of any inspection made by the Department shall be included as a part of the next ensuing municipal water bill.
A. 
No water service shall be installed on the premises of any consumer unless the Town supply is protected as required by this article.
B. 
Town water service to the premises of any consumer may be discontinued by the Department if any protective device required by this chapter has not been installed, inspected, tested and maintained, or is defective and/or has been bypassed.
C. 
Town water service shall be discontinued immediately and without notice to the consumer if the Department and/or the County Health Officer determines that:
(1) 
The Town water supply is being contaminated or is in immediate danger of contamination.
(2) 
A protective device required by this chapter has not been installed, or is defective, or has been bypassed.
(3) 
The consumer cannot immediately be located. Town water service shall not be restored until any protective device required by this chapter and approved by the Department has been properly installed or until conditions at the consumer's premises causing the contamination or possible danger of contamination has been abated to the satisfaction of the Department or County Health Officer.
D. 
Notice; service.
(1) 
Except as provided in Subsection C, the Town supply shall not be discontinued until written notice thereof has been given to the consumer. The notice shall state:
(a) 
The conditions or defects which are to be corrected.
(b) 
The manner in which the stated conditions or defects are to be corrected.
(c) 
The date on or after which the Town supply or water will be discontinued. This date shall not be less than 15 nor more that 90 days following the date of delivery or mailing of notice. The Department may grant the consumer an extension of time not be exceed 90 days, if, in his/her determination, the consumer has exercised due diligence, but has been unable within the time originally allowed.
(2) 
The notice shall be given by delivering the same to the consumer or agent thereof. If the consumer cannot be found, then service of the notice shall be mailed, postage fully prepaid, addressed to the consumer at the place of business or residence set forth in the application of the consumer for water service in the records of the Town. Once discontinued, delivery of water shall not be resumed until the protective device required by this article and approved by the Manager has been properly installed and tested, or until conditions at the consumer's premises creating the need for a protective device have been abated or corrected to the satisfaction of the Manager and the County Health Officer.
All presently installed devices which do not meet the requirements of this article but were approved devices for the purposes described herein at the time of installation shall not be exempt from these regulations, unless the Department is assured that the device will satisfactorily protect the Town's water supply. Whenever an existing device is moved from its present location or plumbing changes occur within the premises, a backflow prevention device meeting the requirements of this article shall be installed.