[HISTORY: Adopted by the Town Board of the
Town of Barre as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.
[Adopted 9-5-1995 by L.L. No. 1-1995;
readopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The purpose of this article is:
A.Â
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
B.Â
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:
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.
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.
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.
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.
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.
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.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
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.
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.
One which does not require the installation of an acceptable
backflow prevention device.
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.
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 Operator or Town Engineer of the Town of Barre.
A.Â
The customer's water system shall be open for inspection
at all reasonable times to authorized representatives of the Town
of Barre.
B.Â
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.
C.Â
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:
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
Whenever a customer's water system is rated hazardous,
an acceptable reduced pressure zone device or air gap shall be installed.
(5)Â
Whenever a customer's water system is rated aesthetically
objectionable, as a minimum, an acceptable double-check valve assemble
shall be installed.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.Â
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.
B.Â
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.
C.Â
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.
