City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 468.
Sewers — See Ch. 514.
[Adopted 7-1-1997 by L.L. No. 11-1997 (Ch. 173, Art. I, of the 1991 Code)]
This article shall be known and may be cited as the "Water Ordinance of the City of Fulton, New York."
General City Law, Book 20, Article 2A.
The purpose of this article is to protect and preserve the municipal water supply and the health and safety of the inhabitants of the City and visitors thereto.
This article includes the City of Fulton and adjacent communities or locations in Oswego County which are supplied with City water.
Except where specifically defined herein, all words used in this article shall carry their customary meanings.
APPLICABLE TERRITORY
The territory to which this article applies includes the City of Fulton and in Oswego County, where mains are maintained.
CITY
The City of Fulton, New York.
COMMUNITY WATER SUPPLY SYSTEM
All water systems where a common source of water supply serves two or more separately owned properties.
CROSS-CONNECTIONS
Any physical connection or arrangement between two otherwise separate water supply piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow, depending on the pressure differential, between the two systems.
HOUSE SERVICE
That portion of the house service between the curb box and the building being served.
PERSON
Any individual, firm, company, association, society, corporation or group.
SERVICE STREET
That portion of the service line which connects to the water main in the street and ends with the curb box located between the pavement and the property line.
A. 
Written application.
(1) 
All applications for the use of water must be in writing on a form provided by the City of Fulton Water Department.
(2) 
The application must be made by the property owner, who shall be held responsible for payment of water.
(3) 
Prior to the commencement of any plumbing work, the owner or plumber must have obtained a permit from the Bureau of Code Enforcement.
B. 
Application accepted subject to existing main. Application for service shall be accepted subject to there being an existing main in a street or public right-of-way abutting on the premises to be served. The application in no way obligates the City to extend its mains to serve the premises under consideration.
[Amended 7-5-2016]
C. 
Application not accepted for consumers in arrears. No agreement shall be entered into by the City with any applicant for water service until all past due and current charges due from the applicant for water or services at any premises now or heretofore owned or occupied by the applicant shall have been paid in full.
A. 
Tap charges. Upon approval of the tap application, the following rates will apply. Tap charges shall be due and payable at the time of the application.
(1) 
Three-fourths-inch inside diameter: $175 on the same side of the road; $200 across the road. Includes corporation stop, stop and waste and curb box.
(2) 
One-inch diameter: $225 on the same side of the road; $275 across the road. Includes corporation stop, stop and waste and curb box.
(3) 
Two-inch diameter: $325 on the same side of the road; $400 across the road. Includes corporation stop, stop and waste and curb box.
(4) 
Above two-inch diameter: $50 privilege charge only. Meter, all parts and labor shall be supplied by the property owner as specified by the Water Department.
(5) 
Water meters. A one-time charge for a water meter equal to $135 will be added at the time of installation. Properties requiring additional 5/8 inch water meters will be charged a fee of $135 per meter at the time of installation. All residential meters shall be installed by the City Water Department. An installation fee will be charged for any commercial meter installed by the City Water Department.
[Amended 5-2-2017 by L.L. No. 5-2017]
B. 
Following the completion of the tap, the work shall be approved by the Commissioner of Public Works, and the equipment, having been supplied by the property owner (corporation stop, stop and waste, curb box, water meter and water meter remote), shall become the property of the City of Fulton. A gate valve, approved backflow preventer and a minimum of 12 inches of copper must be in place before the first fixture.
[Amended 12-16-2003 by L.L. No. 6-2003]
C. 
Excavating.
[Amended 12-16-2003 by L.L. No. 6-2003]
(1) 
Upon acceptance of a water tap application by the City, the Commissioner of Public Works shall locate the main nearest to the location of the desired tap.
(2) 
All excavating shall be the responsibility of the property owner desiring the tap. Forty-eight hours prior to excavation on City property, the property owner shall contact the Commissioner of Public Works and arrange a mutually agreeable date for the excavation.
(3) 
The excavation, tapping and restoration of the City property shall be overseen by the Commissioner of Public Works. Sidewalk and curbing shall be replaced at the property owner's expense.
D. 
Mechanical specifications for meters, hydrants, pipes and other equipment are as follows:
(1) 
Meters: single residence standard meter 5/8 inch by 3/4 inch Sensus Sealed Register Generator type with remote reading register, 1,000 pulse. All commercial meters must meet the specifications of the City Water Department.
(2) 
Hydrant specification:
(a) 
Five-and-one-fourth-inch No. A-423 Mueller Centurion fire hydrant.
(b) 
Three-way hydrant, two two-and-one-half-inch and one four-and-one-half-inch NST nozzles.
(c) 
One-inch square operating nut, open left.
(d) 
Requires 5.5 feet direct burial.
(e) 
Six-inch MC Joint HUB inlet.
(f) 
Six-inch Mueller No. A2380-20 gate valve before hydrant.
(3) 
Pipe:
(a) 
Ductile iron, cement lined, tyton joint pipe.
(b) 
ANSI/AWWA C150/A21.50.
(c) 
Class 52.
(4) 
Size and kind of service pipe. The service pipe shall be not less than 3/4 inch of Type K or L copper.
(5) 
Gate valves: Mueller A-2480-20 nonrising stem, mechanical joint.
(6) 
Corporation stop: three-fourths-inch Mueller H-15000.
(7) 
Curb stop: three-fourths-inch Mueller H-15200 or 15207.
(8) 
Curb box: Mueller H-10314.
(9) 
Valve box: Mueller H-10364.
(10) 
Fittings:
(a) 
Mechanical Joint Class 250.
(b) 
AWWA/ANSI #110/A21.10.
E. 
Curb boxes.
(1) 
All curb boxes are the responsibility of the City Water Department, and, where possible, all curb boxes should be installed on City rights-of-way on the same side of the street as the service and, where possible, between the sidewalk and curb. No person other than the Water Department shall make any connection, repairs, additions or alterations to any City water main or to that portion of any pipe through which City water flows between City water main to and including the corporation shutoff. All turning on and shutting off of water is the responsibility of the Water Department, and no person shall tamper, touch or alter the curb box in any manner.
(2) 
No turn-ons shall be made unless the property owner or person designated by him or her is on the premises at the time the services are rendered, except in the case of any emergency.
(3) 
It shall be the duty and obligation of the property owner to keep the curb box on any water service pipe line unobstructed at all times in order that the employees of the Department may, at any time, have ready access thereto for the purposes of turning on or off the water supply to the premises using the same.
F. 
Service pipe. The service pipe shall be installed and maintained by the property owner from the curb box to the service by approved construction methods under the supervision of the Water Department.
G. 
Depth of service. If examination of the service pipe discloses that the service is not at least five feet in depth to prevent freezing, the City reserves the right to require it to be lowered to prevent the pipe from freezing.
H. 
A gate valve and residential meter, approved backflow preventer and a minimum of 12 inches of copper must be in place before the first fixture.
I. 
The City reserves the right to shut off the supply of water if the consumer does not properly repair any leak in his pipes or fittings as follows: the owner shall be allowed 48 hours to contract for its repair. Failure to do so upon being notified that it is necessary shall allow the Department to make the repair and bill the customer or owner for all costs or, if necessary, to immediately discontinue service until repair has been completed unless an emergency situation exists as determined by the Water Department.
J. 
There shall not be any taps made after November 1 until the frost is out of the ground, unless recommended by the Commissioner of Public Works.
[Amended 12-16-2003 by L.L. No. 6-2003]
A. 
The owners of all premises or users having connection with any water main through which City water flows must keep all the pipes and fixtures in connection therewith in good repair and protected against freezing at their expense, in order that leakage and waste be prevented. Failure to comply may result in termination of the service.
B. 
The Commissioner of Public Works and his aids, agents and assistants may enter the premises of any water consumer at any reasonable time to examine the fixtures and pipes, to ascertain the quantity of water being used and the manner of its use and to determine whether there is any wasteful or unlawful use of water.
[Amended 12-16-2003 by L.L. No. 6-2003]
C. 
No water consumer or property owner shall allow any person other than those residing or employed upon the premises to regularly take water therefrom. There shall be no additional water service on the premises beyond the original application, without additional written application.
D. 
No person other than the Commissioner of Public Works or those acting under his direction shall interfere with or open or close, or attempt to do so, any valve gate or shutoff appurtenant to the mains through which City water flows or appurtenant to any service line between the water main and the curb shutoff.
[Amended 12-16-2003 by L.L. No. 6-2003]
E. 
Fire hydrants.
(1) 
No person other than the Commissioner, those acting under his direction, the Fire Chiefs or members of the Fire Department shall manipulate, control or operate, or attempt so to do, any fire hydrant or plug deriving a supply of City water flows or draw water therefrom. Only those trained in the operation of such fire hydrants or plugs shall be permitted to manipulate the same.
(2) 
Whenever a hydrant has been opened and used, notification of such fact shall promptly be given to the Water Department.
(3) 
No tools or implements shall be used to open hydrants except such as are furnished by the City or by the Fire Department.
F. 
The City will use reasonable care and diligence to provide a constant supply of water at a reasonable pressure but reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs, taps and extensions. The City shall not be held liable for deficiency or failure in the supply of water or in the pressure, for any cause whatsoever. However, the City shall try to give notice of the shutting off of water supplies when time and conditions permit.
G. 
The City water system furnishes water and not pressure and does not guarantee a continuous supply. No responsibility shall be assumed for any damages to any apparatus in any house or building due to the shutting off of water without notice.
H. 
The City shall make extensions of mains (where practical), provided that it can be assured of an annual revenue from the territory to be served sufficient to warrant the necessary expenditure.
A. 
Water service may be discontinued for any of the following reasons:
(1) 
Use of water other than represented in application.
(2) 
Willful waste of water through improper or imperfect pipes.
(3) 
Interfering with any service pipe, seal, meter, curb box, curb stop or any other appliance of the City.
(4) 
Nonpayment of bill for water or services rendered by the City.
(5) 
For cross-connecting the City service pipe with any other source of supply or with any apparatus which may endanger the quality of the City water supply.
(6) 
Refusal of reasonable access to the property for the purposes of inspecting fixtures or piping.
B. 
Before service so discontinued shall be restored, the consumer shall pay either a minimum of $100 for the turn-on charge or the actual cost to the City of restoring service, whichever is greater, in advance of the work performed and sign an application for service, if he has not already done so. In addition to the above, the consumer may be required to pay water rent up to one year in advance before restoration of service shall be considered.
C. 
Shutoff of joint services. Where two or more consumers are now supplied with water through one service pipe under the control of one curb stop, if any of the parties so supplied shall violate any of these rules of this article, the City reserves the right to shut off the joint service line, except that such action shall not be taken until the innocent consumer who is not in violation of the City rules has been given a reasonable opportunity to attach his pipe to a separately controlled service connection.
D. 
Nonpayment disconnect. In the event that all or any portion of a water or sewer bill shall remain unpaid for 40 days after the date of billing, the Water Department shall send notice by regular mail or personal service to the owner of the property that water service will be terminated unless the unpaid balance, plus penalties, interest and administrative fees, is paid in full before the 60th day from the date of billing. Water termination will not occur within 24 hours of the weekend and/or a holiday.
E. 
Administrative hearing. In the event that all or any portion of a water or sewer bill shall remain unpaid for 40 calendar days from the date of billing, the Water Department shall send notice by regular mail or personal service to the property owner, stating that the water service will be terminated unless the unpaid balance of the water or sewer bill, plus penalty, interest and administration fees, as provided herein, is paid in full on or before the 60th day from the date of billing. The notice to the property owner shall state that the property owner is entitled to an administrative hearing before the Utility Billing Supervisor and the Audit, Finance and Budget Committee of the Common Council, for the purpose of challenging the amount of the water or sewer charges alleged to be due, penalties, interest and administrative fees, provided that written notice of the request for such administrative hearing is received by the Water Department on or before the 50th day from the date of billing. Upon completion of the administrative hearing, the Audit, Finance and Budget Committee, by majority vote, shall issue a determination in regards to the challenge of the property owner.
[Added 3-5-2002 by L.L. No. 2-2002; amended 12-16-2003 by L.L. No. 6-2003; 4-18-2006 by L.L. No. 3-2006]
F. 
Penalties. Any water or sewer bill not paid in full within 20 calendar days from the date of billing shall be assessed a penalty of 10% of the entire original bill.
[Amended 3-5-2002 by L.L. No. 2-2002]
No person shall in any manner interfere with or attempt to interfere with any structure, standpipe or pipeline or the appurtenances thereto or trespass upon any of the property being and forming a part of the water supply system of the City of Fulton.
A. 
No plumber shall do any work in the City of Fulton unless he has first obtained a license from the City and a permit from the Bureau of Code Enforcement.
B. 
No water pipe or pipes shall be laid closer to a sewer line than two feet, provided that the sewer line is of cast iron, but in the event that the sewer line is of vitrified tile or any other material, said water pipe or pipes shall not be closer to the sewer line than four feet; however, if the circumstances warrant, there may be a greater separation than two feet or four feet as above designated, in the sound discretion of the Water Department; then and in that event the right to effect greater sanitary precautions shall be reserved by the Water Department.
C. 
Where a water main crosses a sewer line, there shall be a clearance of not less than two feet with sand between the pipes, and in each event the sewer pipe must be two feet lower than the water main.
[1]
Editor's Note: See also Ch. 468, Plumbing.
The City of Fulton reserves the right to stop any and all lawn sprinkling at any time by notice in the newspaper duly designated as the official newspaper of the City, unless not feasible because of emergency situations.
A. 
All water bills are payable on or before the 20th day after the original billing date to the City of Fulton Clerk/Chamberlain at the Municipal Building. (See § 624-9 for disconnection of service.) All charges due hereunder shall be a lien upon all real estate or premises against which the same shall be charged, superior to any mortgage, judgment of lien of any other nature, except City tax, affecting the same, and shall have priority thereto, or to any conveyance thereof, and notice to the occupant or tenant shall be held to be and deemed a notice to the owner or owners of said real estate or premises.
[Amended 12-1-2009 by L.L. No. 6-2009]
B. 
A fee of $20 may be charged for any returned check.
C. 
Change of occupancy. Until the City is notified in writing by a property owner that premises have been vacant and that the water is to be turned off or that the title has been transferred, the owner as per City records shall be responsible for all unpaid bills.
D. 
All water rents shall be billed to the owners of the real property, and the owners shall be liable for the same. Payments must be made in full for all tenants, and no individual tenants shall be billed.
E. 
Water deposits for new applications become payable at the time of deposit. The fee for residential deposits shall be $50, and the fee for commercial deposits shall be $100.
F. 
No refund for overpayments and/or erroneous billings shall be granted by the City of Fulton without written application for such refund stating the justification therefor, which application must be received by the City of Fulton Water Department within one year of the applicable billing date provided.
In the event that any customer violates any provision on this article in respect to making or maintaining the connection of the meter with the water system and fails to correct such violation within five days after notice has been given by the Water Department to do so, or in the event that the customer has failed to install a meter in connection with the premises being served through the waste system by the date fixed as the final date for making connections, unless said date is extended by public action and notice, the Water Department shall have the right to remedy the violation at the expense of the customer and charge therefor in addition to a service charge and shall be a lien prior to and superior to every other lien or claim except the lien of an existing tax or local assessment upon real property of said owners so served with water from the date said work is done until it is paid. The bill shall be submitted for the same immediately after the work is completed, and if it is not paid within 10 days, such amount shall be added to the bill submitted at the next billing period, and, if not paid when due, service may be discontinued.
A. 
Whenever the Commissioner of Public Works determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any other state or local law, ordinance or regulation enforced by the Commissioner, he shall give written notice of such violation or alleged violation to the person or persons responsible for such violations.
[Amended 12-16-2003 by L.L. No. 6-2003]
B. 
Such notice and orders shall:
[Amended 12-16-2003 by L.L. No. 6-2003]
(1) 
Contain a description of each violation(s).
(2) 
Contain the specific section(s) of how violated.
(3) 
Contain the time within which each violation must be corrected.
(4) 
Outline remedial action which, if taken, shall effect compliance with the provisions of this article and any other state or local law, ordinance or regulation enforced by the Water Department.
(5) 
Inform the person to whom it is directed of his or her right to apply for an administrative hearing before the Commissioner of Public Works or his designated representative, within the shortest period of time given to correct any violation in said notice. When a request for such administrative hearing is requested, the Commissioner shall set a time and place for such hearing. The rules of evidence prevailing in courts of record shall not be controlling in such hearings.
C. 
The Commissioner may, for good cause shown in his discretion, extend the compliance time specified in any notice and order issued under the provision of this article.
D. 
It shall be sufficient service to a notice and order of the Commissioner if said notice and orders shall be sent by certified mail to the owner's address of record filed in the Assessor's office or last known address of place of residence.
A. 
Purpose and legislative determination. The City of Fulton finds that the protection of the public health, safety and welfare requires the establishment of the City of Fulton Water Conservation Program. Such program is designed to accomplish the following goals:
(1) 
Conserve existing water resources.
(2) 
Provide sound fiscal management of the City of Fulton water supply by controlling pumping, treatment and delivery costs.
(3) 
Control growth in the amount of sewage requiring treatment and disposal, given existing treatment and disposal capabilities.
(4) 
Control growth in sewage treatment and disposal costs and provide for reasonable limitations on increased environmental impacts resulting from such sewage flow increases.
A. 
All water used on any premises or for any purpose whatever shall be metered. No bypass or connection, including but not limited to bleeders, shall be made or maintained unless covered by a meter. Only meters which have been furnished or approved by the City shall be installed. The City Water Department shall determine the type and size of meter in each instance.
B. 
The meter(s) shall be installed within the building to be served as close as practical to the point where the service pipe enters the building by an outside wall and shall be set with the inlet and outlet in a horizontal line, with the register on top, and shall be located so as to be readily accessible at all times for reading, inspection and repair. Stop valves shall be provided on both inlet and outlet sides of the meter.
C. 
In the event of a discrepancy between the water consumption as indicated by the remote reading device and the water consumption as measured by the water meter, the water consumption as measured by the water meter shall be controlling.
D. 
Outside meter pits may be installed in special cases, on written approval of the City Water Department. Such meter pits must be installed in accordance with City specifications and at the expense of the property owner.
E. 
No T-fitting or other fitting through which water may be drawn shall be used or placed between the main and the meter. The Commissioner or agent may, at any reasonable time, enter upon the premises for the purpose of inspecting pipes, take meter readings or check the operation of the water meter and shall discontinue the supply of water when the customer has failed to comply with Water Department rules and regulations or for nonpayment of water bills.
F. 
All meters will be tested before being set. Meters furnished by other parties will not be recognized unless they have been first tested by the Water Department and a special permit has been given.
G. 
If the meter is not placed in an accessible place, the water supply will be turned off by the Water Department and will be turned on at the owner's expense when the meter is reset in an accessible position. There shall be no tampering with water meters or breaking meter seals with the intent to slow, stop or alter the reading of a water meter.
H. 
At the request of a consumer, the Water Department will test the meter supplying the property of said consumer. If the meter, on test, is found to be registering over 100% more water than actually passes through it, no charge will be made for the test; otherwise, a charge of $75 will be imposed.
[Amended 5-2-2017 by L.L. No. 5-2017]
I. 
When a meter is not working, the customer will be billed by estimate. The charge will be made on the basis of past history.
J. 
The Water Department will maintain meters up to 5/8 inch.
K. 
Repairs to meters above 5/8 inch shall be at the owner's expense. The City may terminate water service if defective meters are not repaired within a reasonable time after notice of the defect has been given by the City.
L. 
All new construction begun or applications made for water service after the effective date of this article shall provide for each dwelling unit to be separately metered. This may be waived at the discretion of the Commissioner of Public Works.
[Amended 12-16-2003 by L.L. No. 6-2003]
M. 
Meters suspected to be inaccurate or leaking should be reported to the Water Department.
N. 
The Water Department may inspect, replace or repair any meter at any time it is felt it should be replaced or repaired.
O. 
A meter damaged by or as a result of faulty plumbing in the building, such as faulty heating or hot water system allowing hot water to back through the meter or damage by a blow or tampering or freezing, shall be repaired and the cost billed to and paid by the property owner.
P. 
Existing multifamily dwellings (rentals) with individual meters for each unit may continue, but the owner or landlord will ultimately be responsible for the payment of any billing.
In case a house or other building is to be closed or become vacant, notice thereof shall be given to the Water Department in order that the meter may be read and the curb cock closed. The meter shall be removed and stored by the Water Department. Where such notice is not given and pipes burst from freezing or other cause, the value of the water lost by reason thereof as estimated by the Water Department, together with a charge to cover labor and expense to the Water Department, shall be added to the next bill and be paid in like manner as regular water charges.
Any person who shall, except as permitted by this article, break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of any public water supply system shall be deemed to have violated this article. Any person who commits or permits any acts in violation of any of the provisions of this article shall be deemed to have committed an offense against such article and shall be liable for the penalties provided. A separate offense against this article shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
In addition to the above provided penalties, the City may cause water service to be cut off to any property where a violation exists. The City may also maintain action or proceedings in the name of the City in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.[1]
[1]
Editor's Note: Original Art. II, Minimum Annual Charge, adopted 8-15-2000 by L.L. No. 13-2000, which immediately followed this section, was repealed 4-15-2003 by L.L. No. 1-2003.
[Adopted 5-15-2001 by L.L. No. 4-2001 (Ch. 174 of the 1991 Code)]
This article shall be known as the "Cross-Connection Control Law of the City of Fulton, New York."
A. 
Part 5, New York State Sanitary Code, Subpart 5-1, Public Water Supplies, Section 5-1.31.
B. 
General City Law, Book 20, Article 2-A, Subsection 13.
The purpose of this article is:
A. 
To protect the public potable water supply served by the City of Fulton Water Department from the possibility of contamination or pollution by isolating, within its customer's internal distribution system, such contaminants or pollutants which could backflow or backsiphon into the public water system.
B. 
To promote the elimination or control of existing cross-connections, actual or potential, between its customers potable water system and nonpotable systems.
C. 
To provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems by cross-connection control.
[Amended 12-16-2003 by L.L. No. 6-2003]
The Commissioner of Public Works of the City of Fulton is hereby given the authority to administer and enforce the provisions contained herein.
[Amended 12-16-2003 by L.L. No. 6-2003]
The Commissioner of Public Works of the City of Fulton shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the Commissioner, an approved backflow device is required on any water service, the Commissioner or his delegated agent shall give notice in writing to said customer to install an approved backflow prevention device at the outlet end of the water meter and before any unprotected branch. The customer shall, within 90 days, install such approved device, or devices, at the owner's own expense, and failure or refusal, or inability on the part of the customer, to install said device or devices within 90 days 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 DEVICES
Any backflow device or other assembly found to be acceptable for control of cross-connections as specified by New York State Department of Health requirements.
AESTHETICALLY OBJECTIONABLE FACILITY
Any facility in which substances are present which, if introduced into the public water supply system, could be considered a nuisance to other water customers but would not adversely affect human health.
APPROVED
Accepted by the Commissioner of Public Works as meeting an applicable specification stated or cited in this regulation, or as suitable for the proposed use.
[Amended 12-16-2003 by L.L. No. 6-2003]
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the purveyor's approved public potable water supply.
BACKFLOW
The reverse flow of water or other liquids, mixtures, substances or gases of questionable quality from an unapproved water supply or source into a potable water system. Backflow is induced by a difference in pressure, reduced pressure or backpressure in the distribution pipes and system.
BACKFLOW PREVENTER
A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as "air gap," "reduced-pressure-principle device," "double-check valve assembly," "pressure vacuum breaker," "atmospheric vacuum breaker," "hose bib vacuum breaker," "residential dual check," "double-check with intermediate atmospheric vent" and "barometric loop."
A. 
A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system; physically defined as a distance equal to twice the diameter of the supply-side pipe diameter but never less than one inch.
B. 
A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system. This type of device is only applicable to hose bibs.
C. 
A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.
D. 
An assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
E. 
A device having two spring-loaded check valves separated by an atmospheric vent chamber.
F. 
A device which is permanently attached to a hose bib and which acts as an atmospheric vacuum breaker.
G. 
A device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shutoff valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
H. 
An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of the check valves and the relief valve.
BACKPRESSURE
A condition resulting from backflow or backsiphonage of unacceptable quality water or gases from a plumbing fixture or other customer source(s) into a public water supply system due to a greater pressure within the customer's water system.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
COMMISSIONER
The Commissioner of Public Works for the City of Fulton, New York.
[Amended 12-16-2003 by L.L. No. 6-2003]
CONTAINMENT
A method of backflow prevention which requires a backflow prevention preventer at the water service entrance.
CONTAMINANT
Any substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease.
CONTAMINATION
The presence of a substance in water that can degrade water quality.
CROSS-CONNECTION
Any actual or potential connection between the public water supply and a potential source of contamination or pollution.
CROSS-CONNECTION PERMIT FEE
A fee determined and charged by the Department for the initial installation permit, and a fee for the renewal of the permit.
CUSTOMER
A water user served by the City of Fulton water system.
DEGREE OF HAZARD
Rating applied to a facility, either hazardous, aesthetically objectionable or nonhazardous.
DEPARTMENT
City of Fulton Water Department.
FIXTURE ISOLATION
A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an in-plant location rather than at a water service entrance.
OWNER
Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.
PERMIT
A document issued by the Department, which allows the use of a backflow preventer.
PERSON
Any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality or the United States or any other legal entity.
POLLUTANT
A foreign substance that, if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such water for domestic use.
WATER SERVICE ENTRANCE
That point in the owner's water system beyond the sanitary control of the district; generally considered to be the outlet end of the water meter and always before any unprotected branch.
A. 
The Commissioner of Public Works shall develop and implement a cross-connection program, to include keeping of necessary records and requirements for testing.
[Amended 12-16-2003 by L.L. No. 6-2003]
B. 
The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and regulations relevant to cross-connections.
C. 
If the Department requires that the public supply be protected from contamination, the owner shall be responsible for water quality beyond the outlet end of the protective device and shall utilize fixture outlet protection for that purpose.
A. 
Department.
(1) 
On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue permits and perform inspection and testing. In any case, a minimum of a dual check valve will be required in any new residential construction. Testing must be performed annually by a certified tester at the expense of the owner of the facility.
(2) 
For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction and the time allowed for the correction to be made. Ninety days will be allowed for the correction; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.
(3) 
The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to ensure satisfactory operation.
(4) 
The Department shall inform the owner, by letter, of any failure to comply by the time of the first reinspection. The Department will allow an additional 15 days for the correction. In the event that the owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the owner, by letter, that the water service to the owner's premises will be terminated within a period not to exceed five days. In the event that the owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department by means of an administrative agreement, but in no case will exceed an additional 30 days.
(5) 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
(6) 
The Department shall have on file a list of New York State certified backflow preventer device testers, who are qualified to conduct such testing. All charges for these tests will be paid by the owner of the building or property.
(7) 
The Department will begin initial premises inspections to determine the nature of existing or potential hazards, following the approval of this program by the Commission and Common Council, during the calendar year 2001. Initial focus will be on high-hazard industries and commercial premises.
(8) 
The Department will maintain a test result database and will notify owners of the need to retest installed devices.
(9) 
The Department will disseminate information about the cross-connection program to interested customers and water consumers.
(10) 
The Department will have the authorization to charge a permit fee for the installation and renewal of permits for devices. The Department is also authorized to charge based on a fee schedule that will be evaluated on a yearly basis.
B. 
Owner.
(1) 
The owner shall be responsible for the elimination or protection of all cross-connections on the premises.
(2) 
The owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain and test, or have tested, any and all backflow preventers on his premises. Testing shall be performed annually at the cost of the owner, and the testing reports shall be mailed to the Department within 30 days of the test.
(3) 
The owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing.
(4) 
The owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but have not been found by the Department.
(5) 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place. All such devices shall be approved by the Department prior to testing.
(6) 
The owner shall install backflow preventers in a manner approved by the Department.
(7) 
The owner shall install only backflow preventers approved by the Department or the Commissioner.
(8) 
Any owner having a private well or other private water source must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the Department's system.
(9) 
In the event that the owner installs plumbing to provide potable water for domestic purposes, which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.
(10) 
The owner shall be responsible for the payment of all fees for permits, annual or semiannual device testing and retesting in the case that the device fails to operate correctly.
The Department recognizes the threat to the public water system arising from cross-connections. All threats will be classified by degree of hazard and will require the installation of approved reduced-pressure-principle backflow prevention devices or double-check valves.
The Department shall not permit a cross-connection within the public water supply system unless it is considered necessary and it cannot be eliminated.
A. 
Cross-connection permits that are required for each backflow prevention device are obtained from the Department. A fee of $50 will be charged for the initial permit and $25 for the renewal of each permit.
B. 
Permits shall be renewed every five years and are nontransferable. Permits are subject to revocation and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service.
Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced-pressure-principle device, or a reduced-pressure-principle device must be installed in the event that no backflow device was present.
A. 
Reduced-pressure-principle backflow devices for high-hazard cross-connections shall be tested and inspected at least semiannually. All low-hazard backflow prevention devices shall be inspected and tested annually.
B. 
Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be retested at the owner's expense to ensure correct operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools or a replacement device. Parallel installation of two devices is an effective means of the owner ensuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity.
C. 
Backflow prevention devices will be tested more frequently than specified in Subsection A above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
Any person, association, partnership, firm or corporation violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both fined and imprisoned.