Zoning — See Ch. 350.
ARTICLE IBackflow Preventers (§ 328-1 — § 328-5)
§ 328-5Enforcement; penalties for offenses.
The purpose of this article is:
To protect the public potable water supply of the Town of Barre, Orleans County, New York from the possibility of contamination by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminations or pollutants which could backflow into the public water system; and
To comply with the requirements of the New York State Sanitary Code 5-1.31.
The Town of Barre Water Department shall be responsible for the protection of the Town of Barre distribution system from contamination due to the backflow of contaminated water through the water service connection. If in the judgment of said Water Department an acceptable backflow prevention device is required at the Town's water service connection to any customer's premises, the designated agent shall give notice, in writing, to said customer to install such an acceptable backflow prevention device at each service connection to these premises. The customer shall immediately install such approved device or devices at his own expense, and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.
As used in this article, the following terms shall have the meanings indicated:
- ACCEPTABLE BACKFLOW PREVENTION DEVICE
- An acceptable air gap, reduced pressure zone device or double-check valve assembly as used to contain potential contamination within a facility. In order for the reduced pressure zone of the double-check valve assembly to be acceptable it must be listed on the most current version of the New York State Department of Health List of Acceptable Devices.
- AESTHETICALLY OBJECTIONABLE FACILITY
- One in which substances are present, which if introduced into the public water supply system could be a nuisance to other water customers, but would not adversely affect human health. Typical examples of such substances are food-grade dyes, hot water, stagnant water from fire lines in which no chemical additives are used, etc.
- AIR GAP
- The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel; and in no case less than one inch.
- Accepted by the Town of Barre Water Department as meeting an applicable specification stated or cited in this article or as suitable for the purposed use.
- AUXILIARY WATER SUPPLY
- Any water supply on or available to the premises other than the Town of Barre's approved public water supply. These auxiliary waters may include water from another purveyor's potable water supply or any natural source(s), such as a well, spring, river, stream, lake or pond, etc., or use waters. These waters may be contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control. Any auxiliary water supply must be approved by the Orleans County Health Department and NYS DEC.
- A flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution pipe of the Town of Barre supply system from any source other than its intended source.
- CERTIFIED TESTER
- That individual or firm approved to accomplish the necessary inspections and operational tests of backflow prevention devices.
- The presence in water of a substance that tends to degrade its quality.
- A water user served by the supply system.
- CUSTOMER'S WATER SYSTEM
- The piping used to convey water supplied by the Town of Barre's supply system throughout a customer's facility. The system shall include all those parts of the piping beyond the control point of the Town water systems. The control point is either the curb valve or the main valve located in the public right-of-way that isolates the customer's facilities from the Town distribution system.
- DEGREE OF HAZARD
- Whether a facility is rated as hazardous, aesthetically objectionable or nonhazardous.
- DOUBLE-CHECK VALVE ASSEMBLY, ACCEPTABLE
- An assembly composed of 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.
- HAZARDOUS FACILITY
- One in which substances may be present, which if introduced into the public water system would or may endanger or have an adverse effect on the health of other water customers. Typical examples: laboratories, sewage treatment plant, chemical plants, hospitals, and mortuaries.
- NONHAZARDOUS FACILITY
- One which does not require the installation of an acceptable backflow prevention device.
- PUBLIC WATER SUPPLY SYSTEM
- The entire Town of Barre water system, including the source, transmission mains, distribution system and storage facilities servicing the public. This includes the distribution system up to its connection with the customer's water system.
- REDUCED PRESSURE ZONE DEVICE, ACCEPTABLE
- A device containing a minimum of two independently acting check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks leakage of either check valve; the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks.
- WATER DEPARTMENT
- Water Operator or Town Engineer of the Town of Barre.
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the Town of Barre.
The Water Department and/or Town Engineer shall rate a customer's water system according to its degree of hazard to the public water supply system. Some of the factors to be considered are the use availability of contaminants, the availability of an auxiliary water supply and the type of fire-fighting system in use.
An acceptable backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served, but in all cases, before the first branch line leading off the service line as follows:
All new or replacement water services to one- or two-family residential buildings will require installation of a residential dual-check device immediately downstream of the water meter. The dual-check device will be provided by the Water Department.
All new or replacement water services to multiple-family (three or more units) residential buildings will require installation of an acceptable backflow prevention device, the type of which is dependent on the degree of hazard present. As a minimum, residential dual-check devices will be required. The backflow prevention device will be provided by the customer.
All new or replacement water services to commercial and industrial facilities will require the installation of an acceptable backflow prevention device, the type of which is dependent on the degree of hazard present as determined by the Water Department. As a minimum, a double-check valve assembly will be required. The backflow prevention device will be provided by the customer.
Whenever a customer's water system is rated hazardous, an acceptable reduced pressure zone device or air gap shall be installed.
Whenever a customer's water system is rated aesthetically objectionable, as a minimum, an acceptable double-check valve assemble shall be installed.
The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulation. The design must be approved by the Water Department and all agencies required by the applicable New York State and Town of Barre laws and regulations.
It shall be the duty of the customer at any premises where backflow prevention devices are installed, except residential dual-check devices, to have certified inspections and operational tests made at least once a year. In those instances where the Water Department deems the hazard to be great enough, it may require certified inspections at more frequent intervals. Certified inspections and operational tests must also be made when any backflow prevention device is to be installed, repaired, overhauled, or replaced, in addition to the requirement of an annual certified inspection at the expense of the customer and shall be performed by the device manufacturer's representative, witnessed by the Town of Barre representative, or by a certified tester approved by the State of New York Health Department. The Town of Barre has addresses and telephone numbers of persons who are certified as testers for backflow prevention devices. It shall be the duty of the Water Department to see that certified inspection and operational tests of the backflow prevention devices are made. The customer shall notify the Water Department in advance, in writing, when the tests are undertaken so that the Department's representative may witness the test if it is so desired.
All presently installed prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Subsection E, be excluded from the requirements of these rules so long as the Water Department is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or constitutes a hazard to health, the unit must be replaced by a backflow prevention device meeting the requirements of this section.
No water service connection to any customer's water system shall be installed or maintained by the Town of Barre unless the water supply is protected as required by state laws and regulation and this article. Service of water to any premises shall be discontinued by the Town of Barre Water Department if a backflow prevention device required by this article is not installed, tested, and maintained, or it is found that a backflow prevention device has been removed or bypassed; service will not be restored until such conditions or defects are corrected.
A violation of the provision of § 328-4 of this article is a misdemeanor punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed one year for any one case, to be recovered in an action or proceeding brought by the Attorney for the Town of Barre in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine, imprisonment or civil penalty.
The Attorney of the Town of Barre may maintain an action or proceeding in the name of the Town of Barre in a court of competent jurisdiction to compel compliance with this article or restrain by injunction any violation of this article, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.
Where any violation of this article causes expense to the Town of Barre, such violation may also be punishable by a civil suit against the violator, brought by the Attorney for the Town of Barre in the name of the Town of Barre in a court of competent jurisdiction, to recover such additional cost.