[Amended 4-21-2010 by L.L. No. 1-2010]
The purpose of this article is:
A.
To protect the public potable water supply of the City of Rensselaer
from the possibility of contamination by isolating within its customers'
internal distribution systems or its customers' private water systems
such contaminations or pollutants which could backflow into the public
water supply system; and
B.
To comply with the requirements of the New York State Sanitary Code
5-1.31.
For the purpose of this article, unless it is plainly evident
from the context that a different meaning is intended, certain terms
used herein are defined as follows:
A physical break between a supply pipe and a receiving vessel.
The air gap shall be at least double the diameter of the supply pipe,
measured vertically above the tip rim of the vessel, and in no case
less than one inch.
An assembly of at least two independently acting approved
single check valves, including tightly closing shutoff valves on each
side of the check valve assembly and suitable test cocks plus connections
available for testing and watertightness of each valve.
A device incorporating two or more single check valves and
an automatically operating differential relief valve located between
the two checks, two shutoff valves, and equipped with necessary appurtenances
for testing. The device shall operate to maintain the pressure in
the zone between the two check valves, less than the pressure on the
public water supply side of the device. At cessation of normal flow,
the pressure between the check valves shall be less than the supply
pressure. In case of leakage of either check valve, the differential
relief valve shall operate to maintain this reduced pressure by discharging
to the atmosphere. When the inlet pressure is two pounds per square
inch or less, the relief valve shall open to the atmosphere, thereby
providing an air gap in the device. To be approved, these devices
must be readily accessible for maintenance and testing and installed
in a location where no part of the device will be submerged.
A check valve that seats readily and completely. It must
be carefully machined to have free-moving parts and assured watertightness.
The face of the closure element and valve sear must be bronze, composition,
or other noncorrodible material which will seat tightly under all
prevailing conditions of field use. Pins and bushings shall be of
bronze or other noncorrodible, nonsticking material, machined for
easy, dependable operation. The closure element (e.g., clapper) shall
be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is obtainable.
Any water supply approved by, or under the public health
supervision of, a public health agency of the State of New York, County
of Rensselaer, or the City of Rensselaer. In determining what constitutes
an approved water supply, the Department of Public Health of the State
of New York (herein called "State Health Department") shall have the
final judgment as to its safety and potability.
Any water supply on or available to the premises other than
the City water supply.
A flow condition, induced by a differential in pressure,
that causes the flow of water or other liquids and/or gases into the
distribution pipes of a public water supply from any source other
than its intended source.
The City of Rensselaer.
An approved water supply sold and delivered to consumers'
premises through the water distribution system of the City of Rensselaer.
The Commissioner of Public Works of the City of Rensselaer,
or his authorized representatives.
Any person to whom water is sold and/or furnished from the
City of Rensselaer.
An impairment of the quality of the City water supply by
the presence of any foreign substance (organic, inorganic, radiological
or biological) to a degree which creates a hazard to the public health.
The Rensselaer County Health Officer, his assistants, or
authorized deputies acting as, or any other person appointed as Health
Officer of the County of Rensselaer.
Any unprotected connection between any part of the City water
distribution system used or intended to supply water for drinking
purposes and any source or system containing water or a substance
that is not or cannot be approved as safe, wholesome and potable for
human consumption.
Any substance of a nonpoisonous nature that may create a
moderate or minor hazard to the water supply system.
Any natural person, firm, association, organization, partnership,
trust or association of persons, joint venture, corporation or company,
and includes the United States, the State of New York, the County
of Rensselaer, and special purpose district, and any officer or agent
thereof.
Integrated land area, including improvements thereon, undivided
by public thoroughfares or water distribution mains of the City of
Rensselaer and where all parts of the premises are operated under
the same management and for the same purpose.
Any of the following devices:
The terminal end of a service connection from the City water
supply at its point of delivery to the consumer. If a meter is installed,
"service connection" means the downstream end of the meter. No unprotected
takeoffs from the service line ahead of any meter or backflow protective
device located at the point of delivery to the consumer shall be permitted.
Is mandatory; "may" is permissive.
Any substance (liquid, solid or gaseous), including raw sewage
and lethal substances, that when introduced into the water supply
system creates or may create a danger to the health and well being
of the consumer.
The City of Rensselaer Water Department may at any reasonable
time inspect any facility in order to determine if a hazard exists
due to an actual or potential cross-connection between the water system
and any potential source of contamination. In any case where the Commissioner
deems such hazard to exist, he may require the property owner to install
an approved backflow prevention device in every water service line
to the facility for which a potential hazard exists. Such devices
shall be installed at or as near the service connection as may be
required by the Commissioner. Such backflow preventer shall be designed
and installed in accordance with all regulations of Part 5, 1.31,
of the New York State Sanitary Code, and must be approved by the Commissioner
and the New York State Health Department prior to installations. All
costs of installation and maintenance shall be borne by the property
owner.
The following is a partial list of facilities that are especially
likely to have cross-connection hazards:
A.
Auxiliary water supply. Each service connection from the City water
supply for furnishing water to premises having an auxiliary water
supply shall be protected against backflow of water from the premises
in the City water supply.
(1)
If the auxiliary water supply is handled in a separate piping system
with no known cross-connections, the City water supply shall be protected
by an approved double check valve assembly installed at the service
connection to the premises. When the auxiliary water supply may be
contaminated, the Commissioner may order the City water supply protected
by an air gap separation or an approved RPZ installed at the service
connection.
(2)
If the auxiliary water supply is handled in a separate piping system
and cross-connections are known to exist between the City water supply
and the auxiliary water supply which cannot presently be eliminated,
the City water supply shall be protected by an approved RPZ installed
at the service connection to the premises. When the auxiliary water
supply may be contaminated, the Commissioner may order the City water
supply protected by an air gap separation installed at the service
connection.
B.
Toxic or hazardous substances under pressure. 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 City 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 receiving tank shall
be entirely visible. If these conditions cannot reasonably be met,
the City water supply shall be protected with an approved RPZ which
is acceptable to both the Commissioner and the County Health Officer.
C.
Toxic or hazardous substances not under pressure. At the service
connection to any premises on which any material dangerous to health
or toxic substance in toxic concentration is not handled under pressure
but is otherwise handled in such a manner as to constitute a cross-connection,
the City water supply shall be protected by an approved RPZ unless
such cross-connection is abated to the satisfaction of the Commissioner
and approved by the County Health Officer.
D.
Nonhazardous substances. At the service connection to any premises
on which a substance that would be objectionable (but not necessarily
hazardous to health) if introduced into the City water supply is handled
in such a manner as to constitute a cross-connection, the City water
supply shall be protected by an approved double check valve assembly.
E.
Sewage and storm drain treatment plants and pumping stations. At
the service connection to any sewage treatment plant or sewage pumping
station, the City water supply shall be protected by an air gap separation.
The air gap shall be located as close as practicable to the service
connection, and all piping between the service connection and receiving
tank shall be entirely visible. If these conditions cannot be reasonably
met, the City water supply shall be protected with an approved RPZ,
provided this alternative is acceptable to both the Commissioner and
the County Health Officer. A final decision in this matter shall be
made by the State Health Department.
F.
Fire systems. At the service connection to any premises in which
a fire protection system is installed, the City water supply shall
be protected based on the water source and arrangement of supplies
in accordance with the following classifications:
(1)
Class 1.
(a)
Direct connection from public water mains only; no pumps, tanks or
reservoirs; no physical connections from auxiliary water supplies;
no antifreeze or other additives of any kind; all sprinkler drains
discharging to atmosphere, dry wells, or other safe outlets.
(b)
Protection: none, other than the check valve required by the National
Fire Code.
(5)
Class 5.
(a)
Directly supplied from public mains, and interconnected with auxiliary
supplied, such as pumps taking suction from reservoirs exposed to
contamination, or rivers and ponds; driven wells; mills or other industrial
water systems; or where antifreeze or other additives are used.
(b)
Protection: air gap or RPZ.
G.
Lawn sprinkling systems. At the service connection to any permanently
installed, belowgrade lawn sprinkling system, the City water supply
shall be protected by an approved RPZ assembly.
H.
Others. Examples of other facilities which require cross-connection
control include, but are not limited to:
(1)
Beverage bottling plants.
(2)
Breweries.
(3)
Food processing plants.
(4)
Chemical plants and plating facilities.
(5)
Film laboratories.
(6)
Hospitals, medical buildings, sanitariums, morgues and mortuaries.
(7)
Irrigation systems.
(8)
Laundries and dye works.
(9)
Meat packing plants.
(10)
Metal manufacturing, cleaning and fabricating plants.
(11)
Radioactive materials production or research plants.
(12)
Restricted, classified or other facilities closed to inspection.
(13)
Sewage and storm drain facilities.
(14)
Buildings heated by boilers where treatment chemicals are used.
(15)
Buildings with certain types of air-conditioning systems.
(16)
Swimming pools.
(17)
Printing operations.
(18)
Furniture stripping.
A.
Consumer responsibility. It shall be the responsibility of each consumer
at his own expense to furnish, install, and keep in good working order
and safe condition any and all protective devices required by this
article. The City shall not be responsible for any loss or damage
directly or indirectly resulting from or caused by the improper or
negligent installation, operation, use, repair or maintenance of,
or interfering with, any protective device by any consumer or any
other person.
B.
Conflicts. Whenever two or more conditions exist on any premises
for the correction of which different protective devices are required
in this article, the consumer shall be required only to install the
protective device which, in the opinion of the Commissioner and County
Health Officer, affords the maximum protection to the City water supply.
The consumer on whose premises any protective device is installed
shall have each such device inspected and tested annually. Inspection
and tests shall be performed under the supervision of a tester certified
by the Department of Health. If successive inspections disclose repeated
failures in the operation of any device, the Commissioner may require
more frequent inspections. Each device shall be repaired, overhauled
or replaced at the expense of the consumer whenever it is found to
be defective. Records of such tests, repairs, and overhauls shall
be kept and a copy of such record forwarded to the Commissioner on
an annual basis. The Commissioner shall have the duty of determining
that the inspections required herein are performed properly. If, following
demand therefor, the consumer fails to have any of the inspections
made as required herein or to make the above-described records available,
the Commissioner shall have the right to inspect the device and the
consumer shall pay the cost thereof. The cost of any inspection made
by the Commissioner shall be billed to the consumer.
A.
Delivery of water shall be discontinued immediately and without notice
to the consumer if the Commissioner or County Health Officer determines
that the City water supply is being contaminated or is in immediate
danger of contamination; delivery of water shall not be resumed until
any protective device required by this article and approved by the
Commissioner has been properly installed, or until conditions at the
consumer's premises causing the contamination or danger of contamination
have been abated or corrected to the satisfaction of the Commissioner
and County Health Officer.
B.
No water service connection shall be installed on the premises of
any consumer unless the City water supply is protected as required
by this article.
C.
Delivery of water to the premises of any consumer may be discontinued
or a fine may be imposed on the consumer if the Commissioner or County
Health Officer determines that:
D.
Delivery of water shall not be discontinued or a fine imposed until
written notice thereof has been given to the consumer.
(1)
The notice shall state:
(a)
The conditions or defects which must be corrected;
(b)
The manner in which the stated conditions or defects are to
be corrected; and
(c)
The date on or after which delivery of water shall be discontinued
or a fine imposed, which shall not be less than 15 days nor more than
90 days following the date of delivery or mailing of the notice. The
Commissioner may grant the consumer an extension of an additional
period not to exceed 90 days if it has been determined that the consumer
has exercised due diligence but has been unable to comply with the
notice within the time originally allowed.
(2)
The notice shall be given by delivery of same to the consumer, the
manager or agent thereof, or to any person in charge of, or employed
in the place of business of the consumer; or, if the consumer has
no place of business, then at the place of residence of the consumer
if known. If the consumer cannot be found, service of the notice shall
be mailed, postage fully prepaid, addressed to the consumer at the
place of business or residence set forth in the application of the
consumer for water service in the records of the City.
(3)
Once discontinued, delivery of water shall not be resumed until any
protection devices required by this article and approved by the Commissioner
have been properly installed, or until the conditions at the consumer's
premises creating the need for a protective device have been abated
or corrected to the satisfaction of the Commissioner and the County
Health Officer.
(4)
If a fine has been imposed, it shall be in the amount of $100 per
day, and it shall accumulate daily until any protective device required
by this article and approved by the Commissioner has been properly
installed, or until the conditions at the consumer's premises creating
the need for a protective device have been abated or corrected to
the satisfaction of the Commissioner and the County Health Officer.
E.
For the purpose of making any inspections or discharging the duties
imposed by this article, the Commissioner and County Health Officer
shall have the right to enter upon the premises of any consumer. Each
consumer, as a condition of the continued delivery to his premises
of water from the City water supply, shall be considered as having
stated his consent to the entry upon his premises of the Commissioner
and County Health Officer for the purposes stated therein.
All presently installed prevention devices which do not meet the requirements of this article but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintained requirements under § 175-19, be excluded from the requirements of these rules so long as the Commissioner is assured that they will satisfactorily protect the City's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this article.
The Water Department is authorized to enter into restrictive
covenant agreements with various commercial, industrial and residential
facilities regarding the installation of backflow prevention devices
on their real property. These agreements shall allow backflow prevention
devices to be installed in the main building with a meter at the property
line as long as there are no taps between the meter and the main building,
while requiring that if a tap is installed between the meter and the
main building, then backflow prevention devices must be removed to
the property line. These agreements shall be binding on all successors
to the property, and may be dischargeable by the Water Department
whenever such backflow prevention devices are no longer required by
law or ordinance for said property. The agreements shall contain such
additional terms and conditions as the Water Department deems to be
appropriate.
This article shall be in full force and effect 30 days after
its adoption.