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City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[Derived from Art. XI of Ch. VI of the Charter and Ordinances, 1974]
No person shall make any attachment to or connection with the pipes of the Division of Water or make any additions to or alterations of any tap, pipe, cock or other fixture connected with the pipes supplying water to consumers from said Division unless licensed as a plumber.
Any plumber wishing to do business in connection with the Division of Water shall, before receiving a license to do so, file his petition, in writing, giving the name of his firm and its place of business, and ask to become a licensed plumber and be permitted to perform work in connection with said Division. Said petition must give satisfactory evidence that the applicant is or employs permanently a regularly licensed, practical and experienced plumber; that he is a citizen of the United States; that he is a master of his trade; and that he will be governed in all respects by the rules and regulations which are or may be adopted by the Department of Public Works for the Division of Water; and that he will pay all fines imposed upon him for the violation of any of the ordinances of the City of Buffalo or rules and regulations of the Division of Water.
Said plumber shall execute to the City of Buffalo a bond in the sum of $2,000, conditioned to indemnify and save harmless said City of Buffalo of and from the damages and losses which may result from the work of said plumber being done carelessly or imperfectly or in such a way that injury or loss results therefrom or by reason of any failure on the part of any employee to comply with all or any of the rules and regulations of the County Department of Health relating to plumbing and the rules and regulations of the Department of Public Works or those of its Divisions of Engineering, Water and Buildings relating to excavations in public streets and connections with the water pipes and all ordinances now existing or hereafter adopted for said Department and its Divisions. Said bond shall also provide that the obligor will indemnify and save harmless the City of Buffalo from all damages which may be caused to private individuals by reason of careless or imperfect work, either in plumbing or in the excavation of streets.
No plumber shall allow his name to be used by any other person or party either for the purpose of obtaining permits or doing any work under his license.
Plumbers will be held responsible for the violation of any of the rules or regulations of the Division of Water by journeyman plumbers or others in their employ.
The forfeiture or suspension of the license of any plumber operates as a forfeiture or suspension of the license of any copartner; nor will a separate license be granted to any person interested in or employed by said firm as long as they may be so interested or employed.
A. 
Upon making application for a plumbing license, the applicant shall remit to the Commissioner of Permit and Inspection Services the sum as provided in Chapter 175, Fees, and file with the Examining Board of Plumbers a receipt of the Commissioner of Permit and Inspection Services showing that such sum has been so remitted. If, thereafter, upon the recommendation of the Board, a license shall be issued to such applicant, he shall pay to the Commissioner of Permit and Inspection Services a fee as provided in Chapter 175, Fees.
[Amended 11-1-1994, effective 11-10-1994; 12-9-2003, effective 12-19-2003]
B. 
The biennial renewal fee after the first, issued to the same person, shall be as provided in Chapter 175, Fees.
[Amended 5-22-1995, effective 6-2-1995]
Any licensed plumber who shall discontinue his business or any firm of licensed plumbers who shall dissolve partnership shall forfeit his license.
No persons, except the properly authorized employees of the Division of Water, will be permitted to tap or make any connection with the mains or distributing pipes of the Water Division.
No plumber shall make any extensions to or alterations of any tap, pipe or other fixtures attached to or intended to become attached to the pipes of the water system without first having obtained a written permit therefor.
No plumber shall be permitted to connect any two or more distinct premises or tenements with or upon one service pipe.
No yard hydrant or street washer shall be placed in any yard or common area of any premises so situated as to be accessible to persons living in or occupying adjoining premises, unless the person controlling said hydrant or street washer becomes responsible for and pays the water rent for all persons so accessible.
In case two or more premises are, at the time of the passing of this article, supplied by one service pipe, the water shall be refused to such premises until the party controlling the main stopcock shall pay the full amount of water rate for the premises thus supplied. When the water shall be supplied to more than one party through a single tap, the bill for the whole supply shall be made to the owner of the premises, and in case of nonpayment, the water shall be shut off, notwithstanding that one or more parties shall have paid their proportion to such owner or to any other party.
In all cases where there are two or more distinct houses or tenements on a lot without dividing fences or when the water is accessible to both, the water will not be turned on to one tenement unless the access rate is paid by the second or the water rates are paid for each tenement or division fences are put up.
A. 
No extension or alteration of service pipes, whether involving new uses of water or not, shall be made without the permission of the Director of Water; and for any extension involving new uses of water, an application therefor shall be filed with and approved by the Director of Water before such extension is made.
B. 
No hopper bottom, evasive or antifreezing closet shall hereafter be installed in the City of Buffalo, and no City water shall be furnished for any such closet.
No plumber shall, after making any connection or extension or after making repairs or putting in any new attachment, leave the stopcock open and the water on.
No plumber shall turn on water to any premises, whether an old or new supply.
A. 
Notice for tapping must be left at the office before 9:00 a.m. for insertion that day and must state the time when the pipe will be uncovered and ready for the tapper. Such notice must state definitely the size of the pipe to be run, the number of the premises, the side of the street and the name of the person owning the premises.
B. 
When application for a new tap is made, the expense of plugging at the main all other taps not actually in use in front of the same premises must be paid by the owner of the premises. The plugging of the old tap will be done by the Division of Water, and the cost of the same will be added to the next water bill or assessed against the property.
C. 
In all cases of demolition or removal of buildings, all existing water service lines not continued in use, previously servicing said premises, shall be abandoned and properly disconnected and plugged at the water main at the expense of the owner of the property and under the supervision of the Director of Water unless said Director shall otherwise give permission for the retention of said service lines.
In case the pipe is not ready for the tapper at the time specified, an additional charge as provided in Chapter 175, Fees, will be made for each trip made to the premises thereafter.
The Division of Water will in all cases control the size of openings of service cocks inserted in the main pipes; and the plumber doing the work will be held responsible for any damages or casualties of any kind that may occur in connection with the opening in the street for running the service pipe; and the repaving over all openings in the streets and sidewalks must be done by said plumber or owner, or at their expense, and kept in as good condition by said plumber or owner, or at their expense, for one year after such service pipe shall have been laid.
All lateral or service pipes for public or private use and all necessary fixtures connected therewith shall be subject to the approval of the Director of Water. Said pipe and connection are to be laid and kept in good repair and protected from frost by or at the expense of the applicant, who shall likewise pay for the tapping of the main pipe and the cost of inserting the ferrule therein, such payment to be made by the person making the application for a supply of water at the time such application is made.
Service pipe between the ferrule and stopcock is to be laid not less than five feet in depth below the surface or below the grade of the street, and the material used for such service pipe shall in each and every case be subject to the approval of the Director of Water or as hereinafter specified.
[Amended 12-23-1997, effective 1-9-1998]
A. 
The minimum nominal internal diameter of water service pipe shall be 3/4 inch, and, except as otherwise herein permitted, the maximum nominal internal diameter shall be two inches.
(1) 
Such service pipe shall be of any of the following materials:
(a) 
Type K copper water tube.
(b) 
SPS copper pipe.
(c) 
SPS eighty-five-percent red brass pipe.
(d) 
Extra-heavy wrought-iron galvanized pipe.
(e) 
Bell-and-spigot cast-iron pipe.
(2) 
Standard wrought-iron galvanized pipe with galvanized fittings may be used in lieu of the foregoing materials between the curb cock and the building.
B. 
Service lines over two inches in nominal internal diameter, when approved and permitted by the Commissioner of Public Works, shall be of any of the following materials:
(1) 
SPS hard copper pipe.
(2) 
SPS eighty-five-percent red brass pipe.
(3) 
Extra-heavy wrought-iron galvanized pipe.
(4) 
Mechanical-joint cast-iron pipe.
(5) 
Bell-and-spigot cast-iron pipe.
C. 
All service pipe, fittings and accessories shall be of new materials when installed and shall be subject to the approval of the Commissioner of Public Works based on accepted national standards.
(1) 
Type K soft copper tube shall be made of dioxidized copper, ninety-nine-and-nine-tenths-percent pure, and shall be sound and free from any defects. All tubes shall be stamped with the manufacturer's name or designation at frequent intervals and shall be able to withstand an internal pressure of 700 pounds per square inch.
(2) 
SPS copper pipe shall be manufactured of dioxidized copper, ninety-nine-and-nine-tenths-percent pure, and shall be free from defects. Each length shall be stamped with size and grade.
(3) 
SPS and eighty-five-percent copper and fifteen-percent zinc and free from defects. Each length shall be stamped with size and grade.
(4) 
Wrought-iron pipe shall conform to the latest Specifications for Welded Wrought-Iron Pipe (Designation A72) of the American Society for Testing and Materials. Wrought-iron pipe and fittings shall be galvanized inside and outside by the hot-dip process conforming to the aforementioned specification of the American Society for Testing and Materials.
(5) 
Cast-iron pipe shall conform to the latest Specifications for Cast Iron Pipe (Designation C102, C106 and C108) of the American Water Works Association. The minimum thickness of pit-cast pipe shall be that of Class B and of centrifugally cast pipe shall be that of Class 150.
A. 
Fittings.
(1) 
Fittings for assembling copper water tubes shall be cast-bronze flared tube or cast brass or wrought-copper solder type. All such fittings shall be marked with the size and the manufacturer's name or designation.
(2) 
Threaded-type fittings shall be of cast brass or bronze of heavy-beaded steam pattern free from defects and containing the following materials:
Material
Minimum
(percent)
Maximum
(percent)
Copper
80
86
Zinc
4
15
Lead
2
6
Tin
3
6
(3) 
Fittings for wrought-iron galvanized pipe shall be of the threaded type of the same grade material as the pipe. Fittings for cast-iron pipe shall be Class D and shall conform to the latest Specifications for Cast Iron Pressure Fittings (Designation C100) of the American Water Works Association.
B. 
Taps.
(1) 
The maximum size taps permitted for various size water mains shall be as follows:
Size of Main
(inches)
Size of Tap
(inches)
4
3/4
6
3/4
8
1
10
1
12
1 1/4
16
1 1/2
20
2
Over 20
2
(2) 
When the condition of the main is such that it will not fully support any of the above sizes or when obstructions prohibit normal installation, then the Commissioner of Public Works may, in his discretion, permit the connection to be made by means of an approved tapping saddle; provided, however, that no taps for domestic or fire supplies shall be installed in thirty-six-inch, forty-eight-inch and sixty-inch transmission mains.
(3) 
Multiple taps for a single service line shall not be permitted. Tapping sleeve and branch valve may be used where a greater volume of water is required than can be obtained through taps above prescribed. Connections to the tapping sleeve and branch valve shall be directed and permitted by the Commissioner of Public Works.
(4) 
At the connection to the corporation cock, a proper regard and allowance for service line flexibility shall be made. Where Type K copper water tube or lead services are installed, an excess of two feet of pipe shall be used for bending of a gooseneck at the water main to provide flexibility. Where SPS copper pipe or SPS eighty-five-percent red brass pipe or extra-heavy wrought-iron galvanized pipe is used, a minimum of three twelve-inch pieces of pipes and fittings shall be used to make a flexible joint at the main.
C. 
Joints.
(1) 
All joints between copper pipe and copper or brass fittings when of solder type only shall be of silver solder or brazed with phoscopper.
(2) 
Caulked joints for cast-iron service pipes shall be made with pure virgin lead free from impurities. The minimum depth of lead for joints up to eight inches in diameter shall be 2 3/8 inches, and for all joints over eight inches in diameter shall be three inches. Approved compounds may be used instead of lead for joining material. The manufacturer's standard recommendations must be followed in using joint compounds. Mechanical joints for cast-iron pipe and fittings shall conform to the latest Specifications for Mechanical Joints for Cast Iron Pressure Pipe and Fittings (designation C111) of the American Water Works Association.
A. 
All stopcocks used for service pipes shall be of the pattern known as the "round waterway," the size of the head to be as follows:
(1) 
Three-fourths inches: 1 3/4 inches by 7/16 inches, T or square as preferred.
(2) 
One inch: 2 inches by 1/2 inches, T or square as preferred.
(3) 
One and one-fourth inches: 2 1/4 inches by 9/16 inches, T or square as preferred.
(4) 
One and one-half inches: 2 1/2 inches by 5/8 inches, T or square as preferred.
(5) 
Two inches: 3 1/8 inches by 3/4 inches, T or square as preferred.
B. 
On all others, screw valves are to be used.
Service pipes larger than one inch in diameter intended for fire protection or for supplying power for elevators or other hydraulic motors cannot be tapped or used for the general supply of the premises. Such supply must be taken through a service pipe of the ordinary size.
All stopcocks made by the plumbers in the sidewalks, as well as those for street washers, hydrants, water closets, etc., shall be subject to the inspection and approval of the Director of Water; and the stopcock boxes shall be cast iron and shall be equal to the sample in the office of the Division.
All connections shall be provided with a stopcock as required by § 491-25, which shall be covered with a cast-iron box extending up to the grade of the sidewalk, the cover to have the word "water" thereon, and shall be placed in the sidewalk within one foot of the line of the curbstone so that the word "water" can be read from the sidewalk; and no premises will be supplied without said box being in good order. In case of neglect or refusal of the occupant or owner to provide or repair the box within 10 days when notified, the Director of Water shall cause it to be done and charge the expense against the premises, to be collected with the first bill for supply of water that shall become due against such premises.
Each and every service pipe must be provided with a stop- and waste cock for each separate tenement or place where water is introduced, easily accessible and so situated that the water can be conveniently shut off and drained from the pipes.
In cases where the stopcock boxes and street washers are set in the flagging or pavement of the sidewalk, the stones are to be neatly and accurately cut and the top of the stopcock boxes set even with the flagging or pavement and in all other cases flush with the surface of the sidewalk.
In cases when the stopcock has to be placed deeper than six feet, a stationary wrench, which comes up to the ordinary depth of the cocks, must be put on. The top of this wrench is to be formed like the top of the stopcock and the rod is to work in a guide immediately below its top or handle.
If there is a vault or area under the sidewalk or in front of any building, service pipe shall run at a sufficient depth below the floor of such vault or area to be secured from freezing. A suitable stop- or waste cock shall be placed in each service directly within the wall of the building and so located as to be secure from freezing and to drain all pipes in the building as a safeguard against freezing and to give the occupant the means of stopping the flow of water in case of leakage or damage to plumbing on the premises.
All service pipes for supplying hydraulic elevators or other large motors must have suitable air chambers attached thereto for the purpose of preventing water ram in the pipes, and the owners or users of such elevators must keep the same in good repair so as to prevent all leakage or waste of water.
When leaks occur in the service pipes at any point beyond the main, they must be immediately repaired by the owner or occupant of the premises; and if not repaired within 24 hours after notice, the Director of Water shall cause the same to be shut off until repaired and charge the expense incurred against the premises, to be collected with the first bill for supply of water that shall become due against said premises.
A. 
All water bills, except for water furnished by meter, are payable quarterly in advance, on the first day of May, August, November and February, or within 90 days thereafter; and if not paid within the prescribed time, there shall be added thereto 4.5% at the beginning of the next quarter and 4.5% for each succeeding quarter until paid, and the water shall be turned off from the premises; and when turned off for nonpayment, the sum as provided in Chapter 175, Fees, shall be added to the bill for renewed supply. All water bills for fractions of the quarterly term shall be payable in advance. No inspection for corrections of water bills will be made after the 10th day of May, August, November and February or later than 10 days from the date of the bill. The owner of the premises shall be personally liable for the payment of bills for water furnished to premises; and the tenant of such premises shall also be personally liable for bills for water so furnished to premises during the term of his tenancy.
[Amended 5-28-1992, effective 7-1-1992]
B. 
From and after the due date thereof, any and all charges for unpaid water bills shall be a lien on the premises serviced until paid and shall be superior to any and all other liens excepting those for general taxes and local assessments, which lien can be enforced by foreclosure proceedings instituted at the expiration of one year from the date of the creation of the lien, notwithstanding any and all other remedies available to the City for the collection of unpaid water bills.
[Amended 12-28-2004, effective 1-7-2005]
No deduction shall be made from any bill for water for the discontinuance of the water supply to any premises unless the owner or occupant of such premises shall have given notice to the Division of Water, in writing, on the register provided, when and where the water is no longer required and have requested the same turned off, and then only upon the payment of the sum as provided in Chapter 175, Fee, and all back rates to date. All consumers will be charged for the use of water until notice as above is given.
In case any portion of a supply of water is to be disconnected and a reduction from the water bill is to be made, the owners or occupants of such premises must file with the Division a plumber's certificate that such fixtures for supplying the water have actually been cut off.
A. 
Notice must be given to the Division of Water of any change of occupants of premises supplied with water. The balance of a water bill paid in advance may, on such notice, be transferred to other premises and a due bill of the Division issued for such balance. Due bills may also be issued for balances arising through a change in the service from a flat rate to a meter rate, for the correction of errors occurring by consumers paying the wrong bill, of water rates paid twice or other proper cases, such due bills to be applied on future payments or redeemed in cash upon demand, with proper entry to be made upon the books of the Division.
B. 
No claim hereafter made for the adjustment of a water bill or for the refund of any part thereof overpaid or erroneously paid shall be honored by the Director of Water unless the same is presented to him in writing, together with a receipted water bill, as follows:
(1) 
Meter bills: within 90 days after the payment thereof.
(2) 
All other bills: during the six-month period, as mentioned in § 491-35 of this article, for which payment was made.
Street washers must not be permitted to run to waste or leak or to be converted into jets or to be used for washing down collections of the gutters upon the adjoining premises. In sprinkling streets, each water-rate payer must confine himself to the front of his premises and to half the width of the street in front thereof.
Taps at sinks, washbasins, water closets, baths, urinals, bar taps or any other tap unnamed must not be allowed to run to waste or leak either to cool the water or prevent the same from freezing.
No yard hydrant will be permitted upon the sidewalk or in front area of any dwelling nor in the yard or alley attached to any dwelling except by special permit from the Director of Water; and if found running to waste at any time, it may be cut off at once.
No person shall use water upon or in any premises without the consent of the City.
In case of fraudulent misrepresentations on the part of the applicant or uses of water not embraced in the application or bill or willful or unreasonable waste of water, the Director of Water shall have the right to forfeit the payment and cut off the supply immediately upon the discovery of such fraudulent use or waste until waste is stopped and all arrears paid.
When water is found on and in use on premises after having been turned off by the Division of Water, the water may be turned off until the sum as provided in Chapter 175, Fees, and all arrears have been paid, dating from the time the premises were turned off.
In case the water has been turned off for nonpayment of water rent or by any other rule of the Division of Water and it is found on again or when, in the opinion of the Director of Water, the turning off of the water at the stopcock is not sufficient protection against the use of water or its waste, it shall be lawful for him to cause the ferrule to be withdrawn. Upon a reapplication for the water when the ferrule has been withdrawn, the regular charge for the ferrule must be paid.
Water will not be furnished when the only fixture for obtaining it is a street washer or hydrant placed in the sidewalk.
A. 
Water closets must be fitted to be operated by the regular authorized water closet valves of the different makes. The use of ordinary draw cocks in connection therewith will not be permitted. Urinals with stopcocks to be turned by hand, unless self-closing, are not to be permitted.
B. 
No arrangements shall be made for supplying water closets or urinals by common stopcocks, and no arrangements shall be made for cleaning water closets or privy vaults by waste pipes from washbasins or sinks or by any other means of evasion; but they shall be fitted up with fixtures and appurtenances as required by health regulations.
No yard fountain, street washer or jet shall be used longer than three hours each day without a special permit.
Hose larger than 3/4 of an inch will not be permitted, except upon additional charge, and sprinkling without a nozzle or with a larger opening than 1/4 inch is forbidden.
No counter or bar cock with a waste pipe in connection therewith and so arranged that it can be constantly running and no jet or constantly running stream of any kind can be arranged for without a meter.
All hydraulic, organ, beer or other motors shall have attached to them some self-acting recorder or meter from which the amount of water can be ascertained.
In all cases where boilers are supplied, a suitable safety or vacuum valve must be applied to prevent damage from collapsing or otherwise when the water is shut off from the street mains. Check valves are not permitted.
A. 
Pumps for supplying water to steam boilers or other fixtures for other purposes will not be permitted to take water directly from the service pipes but must draw from an open receptacle into which the water has been previously discharged. No pump will be allowed to be attached directly to any pipe on which a meter is located.
B. 
The provisions of the foregoing section may be suspended by the Director of Water at any time that he deems it proper or necessary.
The officers or any accredited employee of the Division of Water shall have access to all parts of the premises to which water is supplied for the purpose of inspection, examination of fixtures, etc.
It shall be the duty of any police official or patrolman or accredited employee of the Division of Water to close any fire hydrant found running or wasting water and report the same to the Division of Water and to prevent and arrest all persons from opening, wasting or taking water therefrom which have not a written permission or order so to do from the Director of Water.
It shall be the duty of any police official or patrolman or any accredited employee of the Division of Water to notify all persons on premises where yard hydrants or other fixtures may be found wasting, leaking or out of order to stop said waste and repair all leaks.
It shall be the duty of the police to report to the Division of Water all leaks from mains or service pipes that may occur in the streets or sidewalks of their several precincts, with as little delay as possible.
No owner or tenant of any premises supplied with water by the City will be allowed to supply water to other persons or families. If found doing so, the supply shall be stopped until all arrearages due are paid or the amount of previous payment forfeited.
A. 
In all cases, the Commissioner of Public Works reserves the right to place a meter upon any premises. The owner, agent or tenant of the premises must provide a suitable place wherein to place the meter. After the meter is so attached, any damage which said meter may sustain, resulting from the carelessness of said owner, agent or tenants or from the neglect of either of them to properly secure and protect the same, as well as any damage which may result from allowing said meter to become frozen or to be injured by hot water or steam settling back from a boiler, shall be paid to the City on demand; and in case payment is not so made, the water shall be shut off and not turned on until all charges are paid. The City may sue for and collect of the owner, agent or tenant the amount of such damages in civil action. All persons are forbidden to interfere with or disconnect a water meter from any service after it has been attached by order of the Commissioner of Public Works. All meters up to and including one two-inch meter will be furnished by the Division of Water and remain the property of the City of Buffalo. In all cases where water services to premises require meters of greater capacity than two inches in size, said meters must be purchased and installed by the consumer.
B. 
The expense of placing any meter and all connections thereof shall be borne by the consumer.
C. 
In all cases where a complaint is received about meter and a service call to the premises where the meter is located is required, the person making the complaint shall make arrangements for access to the meter by Water Division personnel at a definite time and date. In the event that Water Division personnel are unable to gain access to the meter at the time and on the date specified, a charge as provided in Chapter 175, Fees, shall be paid to the City on demand; and in case payment is not so made, the water shall be shut off and not turned on until all charges are paid. The charge referred to herein shall be made for each time Water Division personnel are unable to gain access to a meter after receiving a complaint and making an appointment to inspect the meter at the premises in which the meter is located.
D. 
In the case of meters larger than two inches, which are the property of the consumer, where inspection by Water Division personnel reveals a malfunction in said meter, the owner shall be given 60 days within which to have said meter repaired. During said sixty-day period, the water bill will be estimated based on records of past consumption. After said sixty-day period, if the meter has not been repaired and is not functioning properly, as determined by an inspection by Water Division personnel, a surcharge of 10% shall be added to the estimated reading. Said surcharge shall continue in effect until such time as the meter is functioning properly.
A. 
Meter bills will be due and payable quarterly, with the exception of accounts registering a consumption of 250,000 or more cubic feet per month, which shall be paid monthly. All bills must be paid by the 10th of the month in which they become due. The owner of premises shall be personally liable for the payment of the bills for water furnished to premises by meter; the tenant of such premises will also be personally liable for the bills for water so furnished to premises during the term of his tenancy. If bills for water furnished through meter are not paid within 90 days after they become due, there shall be added thereto 4.5% at the beginning of the next quarter and 4.5% for each succeeding quarter until paid, and the water shall be turned off from the premises and an additional charge as provided in Chapter 175, Fees, shall be paid before the water is again turned on.
[Amended 5-28-1992, effective 7-1-1992]
B. 
From and after the due date thereof, any and all charges for unpaid water bills shall be a lien on the premises serviced until paid and shall be superior to any and all other liens, excepting those for general taxes and local assessments, which lien can be enforced by foreclosure proceedings instituted at the expiration of two years from the date of the creation of the lien, notwithstanding any and all other remedies available to the City for the collection of unpaid water bills.
The Commissioner of Public Works may make abatements in the water rates in proper cases.
No person shall hitch any horse or team or animal to any hydrant, nor shall any person injure any reservoir, pumping station, main or hydrant, watering trough or drinking fountain nor break or enter the same and draw off or waste or cause to be removed any water therefrom.
No person shall turn on or off the water on any main or service pipe, reservoir or hydrant without permission or order from the Director of Water.
A. 
No person shall make any opening, tap or connection with any main or service pipe or reservoir without permission or order from the Director of Water.
B. 
It is hereby prohibited to connect to the City water supply through a cross-connection any unsafe water supplies or to cross-connect the City water to any drainage or sewer system. Any such cross-connection or cross-connections shall be governed by the provisions of § 491-75 of this article.
[Amended 6-10-1991, effective 7-1-1991]
A. 
In making repairs or in constructing new work, the City shall have the right to shut off the water and keep it shut off as long as may be necessary for making such repairs or extension, and no deductions will be made or damages allowed for the time the water is so shut off.
B. 
When water must be shut off and turned on by the Division of Water for repairs made by the owner, the sum as provided in Chapter 175, Fees, shall be paid. This sum includes two trips by the Division of Water for the one charge.
A. 
Standpipes or sprinkler tanks are only intended and permitted for fire protection, and all such pipes or tanks must be provided with a suitable valve at the bottom of the same where the water is let in, the same to be sealed by an officer or employee of the Division of Water. In case such seal shall be broken for the extinguishment of any fire, the parties shall immediately give notice to the Division of Water. In no case shall such seal be broken for any other purpose or use or any tap introduced into or connection made with said standpipe or tank.
B. 
No standpipe or sprinkler tank will be allowed on premises where water is not taken for other than fire purposes, and in any case the Director of Water reserves the right to refuse any and all applications for this purpose in his discretion.
In all cases where fixtures or property of the City are broken or damaged, the party or parties so offending shall be liable for all damage done.
The Division of Water shall keep suitable books of record in which shall be entered the number of all buildings of consumers, the kind of building, the name and number of the street, the number of taps and the amount of charges, which book shall always be open for the inspection of any committee of the Common Council.
The Commissioner of Public Works reserves the right to limit the amount of water furnished any consumer, should circumstances warrant such action, although no limit may have been stated in the application or permit for such use; or said Commissioner may entirely cut off the use for any manufacturing purposes or any use for supplying power at any time by giving reasonable notice to the consumer of such intended action.
No person, persons or corporation shall construct, maintain or extend any water supply to furnish water to themselves or others without the written authority of the Commissioner of Public Works.
On all premises into which water is or shall be introduced, full schedule rates will be charged for all uses, and no rebate will be made or allowed for partial use of water from wells or other sources.
A. 
Persons building will be required to make a written application for water at the Division of Water. Said application shall state in detail the uses for which water is desired, the name of the owner of the property and the street number of lot on which water is to be used. Water rates will have to be paid before a building permit will be issued by the Division of New Construction. The statement must give:
(1) 
The name of the owner of the premises.
(2) 
The name of the architect.
(3) 
The name of the builder.
(4) 
The number of the lot on which water is to be used.
(5) 
The name of the street.
(6) 
The number of bricks to be laid.
(7) 
The number of cords of stone to be laid.
(8) 
The number of square yards of two-coat plastering.
(9) 
The number of square yards of three-coat plastering.
(10) 
The number of square feet of cement flooring to be laid.
(11) 
The number of square feet of cement sidewalk.
B. 
The amount of charges for water, at schedule rates for work thus stated, shall be paid in advance to the City before a permit for such use shall be issued to the applicant.
C. 
The Director of Water may cause said work to be remeasured by an inspector under his direction, and in case it shall appear that the person receiving said permit or the architect making the required certificate has made fraudulent representations or returns as to the amount of work done under said permit, no further permit will be issued to said applicant or to any other person for him or in his behalf, under any circumstances, until all back rates are paid.
D. 
No contractor or builder will be allowed to use water from any fire hydrant for building purposes, except as provided herein.
E. 
No consumer of water will be allowed to furnish water for building purposes, on his own or any other premises, without first paying for the same for said purpose and receiving a permit for such use from the water office. The fee for said permit shall be as provided in Chapter 175, Fees. A season permit effective from April 15 to November 15 may also be issued. The fee for said permit shall be as provided in Chapter 175, Fees.
F. 
The builder must, in all cases, procure a permit as before provided previous to procuring water for building purposes from any City waterworks fixture.
G. 
The builder is required to insert a service or fixture where there is none, to enable him to procure said water for building purposes. The application for said service must be made by the owner of the property, after which the permit for such use may be issued to the builder on his application, and he must file an application to have said service turned off at the curb as soon as he has finished his work.
H. 
In case a builder desires to use water from a service supplying water to adjacent premises, he must procure the consent of the owner of the adjacent service.
Any person violating any provision of this article shall be subject to a fine or penalty as provided in Chapter 1, General Provisions, Article III, of this Code. In addition, any plumber who shall violate any of the provisions of this article or any rules or regulations duly made by the Division of Water may be deprived of his license.
A. 
The sum of $4,036,000 derived from revenue from flat and metered rates as hereinafter fixed, after July 1, 1971, shall be deposited in the general fund of the City for general City purposes, and all other income, revenue and receipts derived, in accordance with the rates hereinafter fixed, from the operation of the water supply system of the City of Buffalo shall, after July 1, 1971, be applied first to the payment of all costs, either direct or indirect, of operation, maintenance and repairs of said water supply system as certified by and in accordance with the regulations established by the Comptroller and then to the payment of all amounts required in each fiscal year to pay the interest on and the amortization of or payments of indebtedness heretofore or hereafter contracted for the construction of the water supply system of the City of Buffalo or any addition, betterment or extension to the facilities thereof.
B. 
Any surplus then remaining shall be credited to a reserve fund or account or funds or accounts which the Comptroller is hereby directed to establish in accordance with accepted municipal accounting procedures, and such funds or accounts shall be used from time to time for the repair and improvement of the water supply system of the City of Buffalo and for the payment of the cost of any additions, betterments or extensions to the facilities thereof or for the payment of interest on and the amortization of or payments of indebtedness heretofore or hereafter contracted for the construction of the water supply system of the City of Buffalo.
C. 
The rates as provided in Chapter 175, Fees, shall be charged per annum for the use or consumption of water, except where meter rates are herein specified.
D. 
The water rates for all homeowners who, by virtue of their age, are eligible for the real estate property tax exemption pursuant to § 467 of the Real Property Tax Law of the State of New York are set forth separately.
E. 
All water supplied which is not enumerated in this section shall be subject to special rates, to be fixed by the Director of Water, subject to the approval of the Commissioner of Public Works.
F. 
Meters.
(1) 
The Division of Water shall meter all water consumption, except in houses used for one- and two-family dwelling purposes not metered prior to June 1, 1974, where there is no willful waste or unnecessary use of water. However, commencing June 1, 1974, all new one- and two-family dwelling units constructed within the City shall be required to have water meters installed, and the cost of said meters shall be added to the charge for tapping the water main.
(2) 
The following consumers are subject to meter measurements only: multiple dwellings over two families; business, commercial and industrial establishments; asylums; churches; public hospitals; charitable institutions; schools (public, private and parochial); and colleges.
(3) 
No meter, however, will be furnished to any other consumer for any purpose except at the minimum quarterly rates per meter as provided in Chapter 175, Fees.
(4) 
If a meter or other water register at any time fails to register the quantity of water, the quantity shall be determined and the charge made based on the average quantity registered during such preceding period of time prior to the date of failure as the Director of Water may direct.
(5) 
No deduction may be made from the bills on account of leakage. Bills for meter or other registered rates are due and payable as provided for in § 491-60 of this article.
(6) 
All defects in meters must be reported at the office of the Division of Water for repair or correction.
(7) 
All persons using water for elevators or other power purposes shall keep the registers in proper working order. In case of failure of any of the registers, the owner or occupant of the premises shall forthwith have the same repaired and report the same to the Division of Water.
(8) 
All meters and other registers must at all times be accessible to the employees of the Division of Water for examination and inspection.
(9) 
Effective January 1, 1999, the Division of Water shall cause all meters and registers, whether located inside or outside the premises, to be read at least once per year. In the event that the City fails to read the meter within such one-year period, consumers may petition the Commissioner of Public Works for an abatement of any uncollected arrears.
[Added 1-26-1999, effective 2-4-1999]
A. 
Purpose of regulations to safeguard drinking water supply by preventing backflow into public water systems. The purpose of these regulations is to:
(1) 
Protect the public water supply against actual or potential cross-connections by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-section on the premises.
(2) 
Eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption.
(3) 
Eliminate cross-sections between drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardize the safety of the drinking water supply.
(4) 
Prevent the making of cross-connections in the future.
(5) 
Encourage the exclusive use of public sources of water supply.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
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 the receptacle. The air gap shall be at least double the diameter of the supply pipe or faucet, measured vertically above the flood-level rim of the receptacle, but not less than one inch.
APPROVED
Accepted by the New York State Department of Health.
AUXILIARY WATER SUPPLY
Any water source or system other than the public water supply that may be available in the building or premises.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Backsiphonage is one type of backflow.
BACKFLOW PREVENTER
A device or means to prevent backflow.
BACKSIPHONAGE
Backflow resulting from negative pressure in the distributing pipes of a potable water supply.
CERTIFIED BACKFLOW-PREVENTION-DEVICE TESTER
A person who is examined annually by the Erie County Health Department and found competent for the testing of backflow-prevention devices. He shall be provided with an appropriate identification card to be renewed annually. Failure to perform his duty competently will result in withdrawal of his certification.
CHECK VALVE
A self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.
CONTAMINATION
See "pollution."
CROSS-CONNECTION
Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain or any unapproved source or system. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of contamination. See "backflow" and "backsiphonage."
DOUBLE-CHECK-VALVE ASSEMBLY
An assembly of at least two independently acting acceptable check valves, including tightly closing shutoff valves located at each end of the assembly with suitable connections for testing the water-tightness of each check valve.
HAZARD, HEALTH
Any conditions, devices or practices in the water supply system and its operation which create or, in the judgment of the Director, may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect in the water supply system, whether of location, design or construction, that regularly or occasionally may prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.
POLLUTION
The presence of any foreign substance (organic, inorganic, radiological or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTER
An assembly of two independently acting acceptable check valves, together with an automatically operating pressure-differential relief valve between the two check valves. The assembly shall include tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each valve.
SURGE TANK
The receiving, nonpressure vessel forming part of the air-gap separation between a potable and an auxiliary supply.
WATER, NONPOTABLE
Water that is not safe for human consumption or that is of questionable potability.
WATER, POTABLE
Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Erie County Health Department and the New York State Health Department.
C. 
Protection of public water system at service connection.
(1) 
Where protection is required.
(a) 
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system.
(b) 
Each service connection from a public water system for supplying water to premises on which any substance is handled under pressure in such fashion as to permit entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.
(c) 
Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected against backflow of water from premises into the public water system. Examples are plating factories using cyanide and hospitals.
(d) 
Backflow-prevention devices shall be installed on the service connection to any premises that have actual or potential internal cross-connections.
(e) 
Backflow-prevention devices shall be installed on the service connection to any premises in which the Division of Water is not allowed to fully and completely review all processes within the facility.
(2) 
It shall be the responsibility of the water user to provide protecting devices as required under Subsection D.
D. 
Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:
(1) 
At the service connection to any premises on which there is a substance that would be aesthetically objectionable, but not necessarily hazardous to health, the public water supply shall be protected by an approved double-check-valve assembly.
(2) 
At the service connection to any premises on which there is an auxiliary water supply meeting the New York State Drinking Water Standards, the public water supply system shall be protected by an approved double-check-valve assembly.
(3) 
At the service connection to any premises on which there is an auxiliary water supply not meeting the New York State Drinking Water Standards, the public water supply system shall be protected by an air-gap separation or an approved reduced-pressure principle backflow-preventer device. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and the surge tank shall be entirely visible.
(4) 
At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and the surge tank shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced-pressure principle backflow-prevention device, provided that the alternative is acceptable to both the Division of Water and the Local Health Department.
(5) 
At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled, but not under pressure, the public water supply shall be protected by an air-gap separation or an approved reduced-pressure principle backflow-preventer device. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and the surge tank shall be entirely visible.
(6) 
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and the surge tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced-pressure principle backflow-prevention device, provided that this alternative is acceptable to both the Division of Water and the Local Health Department.
(7) 
At the service connection to any premises where the Division of Water is not allowed to fully and completely review all processes within the facility, the public water system shall be protected by an air-gap separation or an approved reduced-pressure principle backflow-prevention device. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and the surge tank shall be entirely visible.
E. 
Frequency of inspection of protective devices. It shall be the duty of the water user on any premises on account of which backflow-protective devices are installed to have competent inspections made at least once a year, or more often in those instances where successive inspections indicate repeated failure. These devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a certified backflow-prevention-device tester, and all test results shall be made available to the Division of Water and the Local Health Department.
F. 
Notification of violations. The Director of Water shall notify the owner or authorized agent of the owner of the building or premises in which there is found a violation of this section of such violation. The Director of Water shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval, the Director of Water may, if, in his judgment, an imminent health hazard exists, cause the water service to the building or premises to be terminated and/or recommend such additional fines or penalties to be invoked as herein may be provided.
G. 
Penalties. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building who knowingly permits a violation to remain uncorrected after the expiration of time set by the Director of Water shall, upon conviction thereof by the court, be required to pay a fine of not more than the penalty provided in Chapter 1, General Provisions, Article III, of the City Code for each violation. Each day of failure to comply with the requirements of the Code after the specified time provided under Subsection C shall constitute a separate violation.