[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCESAttachment 1 - Uncodified Local Law Provisions
Fire code violations — See Ch. 94.
Community college facilities — See Ch. 383.
Energy efficiency — See Ch. 939.
Article I Administration and Enforcement of Uniform Code
Article II Backflow Testing
[Adopted 11-10-1987 by L.L. No. 42-1987 (Ch. 230, Art. I, of the 1985 Code)]
The Suffolk County Legislature hereby finds as follows:
That pursuant to the New York State Uniform Fire Prevention and Building Code (referred to hereafter as "Uniform Code") Act, enacted as Article 18 of the Executive Law by Chapter 707 of the Laws of 1981, the County of Suffolk is required to administer and enforce the Uniform Code in regard to County-owned buildings that are constructed or altered after January 1, 1984.
That the role of the Fire Marshal's Office in the administration and enforcement of the Uniform Code was partially defined in Local Law No. 13-1987.
That the Department of Public Works and the Fire Marshal's Office shall be responsible for the administration and enforcement of the Uniform Code which affects their area of expertise.
Building permits shall be required for any work on buildings in the custody of the County of Suffolk which must conform to the Uniform Code and shall be issued after review by the Department of Public Works and the Fire Marshal's Office. The application for a building permit shall require sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
[Amended 3-22-2016 by L.L. No. 4-2016]
Exceptions to the requirement for building permits may be allowed for:
Necessary repairs which do not materially affect structural features.
Alterations to existing buildings, provided that the alterations:
Cost less than $10,000;
Do not materially affect structural features;
Do not affect firesafety features, such as smoke detectors, sprinklers, required fire separations and exits;
Do not involve the installation or extension of electrical systems; and
Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues.
Small noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example, a small storage building.
Nonresidential farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes.
Where no permits are necessary from the Department of Public Works, a permit may be necessary from the County Fire Marshal's Office for any alteration, installation or repairs to any buildings which will affect the safety of the occupants.
Certificates of occupancy or certificates of compliance shall be required for all work for which a building permit is required to be issued under § 344-2 above and for all buildings which are converted from one general occupancy classification to another, as such classifications are defined in Part 701 of Title 9 of the New York Official Compilation of Codes, Rules and Regulations. Such certificates shall be issued by the Department of Public Works. Prior to the issuance of the final certificate of occupancy and certificate of compliance, approval shall be obtained from the County Fire Marshal's Office, along with a New York State Board of Underwriter's certificate attesting to the fact that all work is in accord with the code.
Provisions shall be made for:
Construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air-conditioning systems, fire-protection and -detection systems and exit features.
Inspections where a certificate of occupancy or a certificate of compliance is required, prior to its issuance.
Inspections in response to bona fide complaints regarding conditions or activities allegedly failing to comply with the Uniform Code.
Additional rules and regulations necessary to implement this article may be promulgated by the departments responsible for administration and enforcement of the Uniform Code in their respective areas of expertise. Such rules and regulations shall become effective 60 days after they are filed with the County Executive and the Clerk of the County Legislature.
[Adopted 8-2-2011 by L.L. No. 37-2011]
This Legislature hereby finds and determines that backflow prevention devices prevent contamination from entering potable water distribution systems and thereby protect the public water supply system. This Legislature also finds and determines that such devices must be tested annually to ensure they are in proper working order. This Legislature further finds and determines that the water supply must be shut off while a backflow prevention system is tested. The water supply must be restored to the system after successful testing of the device has been completed. This Legislature finds that the improper shut-off or restoration of water to a system can have serious negative consequences, including dangerously low water pressure. This Legislature determines that the New York State Department of Health requires individuals to take a course on backflow testing before they may be certified to perform this work. This Legislature also finds that this course, while a minimum of four days in length, only provides a basic overview of state and local plumbing and building codes applicable to backflow prevention devices, with no requirement for more extensive instruction on plumbing. This Legislature determines that licensed Master Plumbers have the requisite knowledge and skills to ensure that a system's access to water is turned off and restored safely. This Legislature further finds that certified backflow prevention testers should be licensed Master Plumbers or employed by licensed Master Plumbers that are also certified backflow prevention testers, who can address any problems which may arise during or after testing. This Legislature also determines that a certified backflow prevention tester employed by a public water supplier in Suffolk County is exempt from the requirements of this article, provided they are conducting backflow prevention device tests as authorized by the public water supplier by whom they are employed.
Therefore, the purpose of this article is to require that a certified backflow prevention tester conduct tests only while he/she is a licensed Master Plumber who has been certified as a backflow prevention tester or is employed by a licensed Master Plumber who has been certified as a backflow prevention tester.
As used in this article, the following terms shall have the meanings indicated:
- BACKFLOW PREVENTION DEVICE
- Any mechanical device installed on water supply piping used to prevent backflow or back-siphonage from a property or dwelling into a public water distribution system, private water main or internal water piping system. This definition shall include, but not be limited to, reduced pressure zone assemblies and double check valve assemblies.
- CERTIFIED BACKFLOW PREVENTION TESTER
- Any person who has completed coursework and holds a certificate in backflow testing from a program approved by the State of New York.
- The Suffolk County Department of Consumer Affairs.
It shall be unlawful for any certified backflow prevention tester to test backflow prevention devices within the County of Suffolk without first obtaining an identification card from the Department, subject to and in accordance with this article. A certified backflow prevention tester shall obtain an identification card for each licensed Master Plumber by whom he is employed.
Any person seeking to register as a certified backflow prevention tester must provide documentation certifying that he/she is currently certified to test backflow prevention devices pursuant to state law.
No identification card shall be issued unless a valid license has been issued to the Master Plumber by whom such certified backflow tester is employed.
A transfer or assignment of a Master Plumber's license pursuant to the provisions of § 563-6F shall be deemed to transfer or assign without charge the identification cards of certified backflow prevention testers employed by the original licensee.
The fee for each identification card or renewal thereof shall be $50 per annum.
All backflow prevention devices in Suffolk County must be tested at least once annually. Testing shall be performed by a certified backflow prevention tester who is certified pursuant to the New York State Department of Health regulations, 10 NYCRR 5-1.31, and either is a licensed Master Plumber or is employed by a licensed Master Plumber. Certified backflow prevention testers employed by a public water supplier in Suffolk County are exempt from the licensed Master Plumber requirements when conducting backflow prevention device tests within the scope of their employment.
Violation of this or any portion of this article shall be punishable by a civil penalty of $250 for the first violation. Any subsequent violations shall be punishable by a civil penalty of $500.
This article shall be enforced by the Department of Consumer Affairs.
The Commissioner of the Department of Consumer Affairs is hereby authorized and empowered to establish all rules and regulations necessary for the implementation of this article.
This article shall apply to all actions occurring on or after the effective date of this article.
This article shall take effect 180 days after filing in the Office of the Secretary of State.