[Adopted 9-14-1992 by L.L. No. 2-1992]
A.Â
Responsibility of the Highway Superintendent. The Town of LeRoy Highway
Superintendent ("Highway Superintendent") or his designated agent
shall inspect the plumbing in every building or premises in Water
District No. 2 in the Town of LeRoy ("district") as frequently as,
in his judgment, may be necessary to ensure that such plumbing has
been installed in such a manner as to prevent the possibility of pollution
of the water supply of the district by the plumbing. The Highway Superintendent
shall notify or cause to be notified, in writing, the owner or authorized
agent of the owner of any such building or premises to correct, within
a reasonable time set by the Highway Superintendent, any plumbing
installed or existing contrary to or in violation of this article
and which, in his judgment, may therefore permit the pollution of
the district water supply or otherwise adversely affect the public
health.
B.Â
Inspection. The Highway Superintendent or his designated agent shall
have the right to enter into any building, during reasonable hours,
for the purpose of making inspection of the plumbing system installed
in such building or premises, provided that with respect to the inspection
of any single-family dwelling, consent to such inspection shall first
be obtained from a person of suitable age and discretion therein or
in control thereof.
A.Â
Hazardous cross-connections must be promptly eliminated.
B.Â
Cross-connection control is the joint responsibility of the supplier
of the water and the water customer (Part 5, New York State Sanitary
Code, Subpart 5-1, Public Water Supplies, Section 5-1.31).
C.Â
Cross-connection control by containment must be employed and requires
the installation of an acceptable backflow device in every water service
line to a facility for which a potential hazard exists. Control devices
will be installed at or as near the point of entry into the facility
as possible, immediately downstream of the water meter.
D.Â
These regulations are enacted and enforced to protect the public
water system in accordance with provisions mandated by the New York
State Department of Health, as described in the Public Water Supply
Guide - Cross-Connection Control, dated January 1981. If questions
arise of interpretation or conflict of degree of application, this New York State publication and the Environmental
Protection Agency Cross-Connection Control Manual, dated June 1989,
will be the source of final information. All water district, as well
as any out-of-district, water customers must comply with these regulations.
E.Â
All cross-connection control devices in the district system will
be tested by a New York State Department of Health certified tester
annually. A copy of all test results will be supplied to the Highway
Superintendent annually by the property owner. Testing and maintenance
records shall be kept by the supplier of water for each required backflow
prevention device. Records of such tests, repairs and overhaul shall
also be kept and made available to the water purveyor and Genesee
County Health Department upon request.
F.Â
All plans and specifications for cross-connection control devices
installed or to be installed in the district water system must be
prepared by a New York State licensed professional engineer.
G.Â
Should access to any facility or dwelling be denied to the Highway
Superintendent or his agent for the purpose of determining if and/or
what cross-connection control device is necessary, then the maximum
protection device will automatically be mandated with no further investigation.
H.Â
Failure to provide the required protective device or to adhere to prescribed testing requirements will result in proceedings to terminate service to the violating party, per § 157-106 of these regulations.
I.Â
All plans and specifications relating to cross-connection control
must be approved by the Town Board, the Highway Superintendent and
the Genesee County Health Department. A completed works approval is
also required for the installation of acceptable backflow prevention
devices at all new customer facilities and for corrections to installations
at existing customer facilities.
J.Â
Availability of a supplementary supply of water. The existence of
a supplementary supply of water available to a facility creates a
situation wherein a backflow preventor must be installed on the service
connection from the public water supply system by the water customer.
A.Â
It shall be the duty of the water user on any premises in which backflow protective devices are installed to have competent inspections made at least once a year, per § 157-99E of these regulations, or more often in those instances where successive inspections indicate repeated failure.
B.Â
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 New York State Department of Health certified
backflow prevention device tester, and all test results will be provided
to the water purveyor within 72 hours after the test is made.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the following meanings:
An acceptable air gap, reduced-pressure-zone device or double
check valve assembly as used to contain potential contamination within
a facility.
Those devices or assemblies found to be acceptable for containment
control in New York State in accordance with the Genesee County Department
of Health requirements, as outlined in Section 8 of the Cross-Connection
Control Guide, January 1981 (see appendix for determination of acceptability
as taken from this section).
A facility in which substances are present which, if introduced
into the public water supply system, could be a nuisance to other
water customers but would not adversely affect human health. Typical
examples of such substances are food-grade dyes, hot water, stagnant
water from fire-protection systems in which no chemical additives
are used, etc.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture or other device and the flood rim of the
receptacle. The differential distance shall be at least double the
diameter (d) of the supply pipe. In no case shall the air gap be less
than one inch. (See Figure 1-A.)
A check valve that seats readily and completely and meets
the New York State Department of Health list of acceptable devices,
as outlined in Section 8-1 of the Cross-Connection Control Guide,
January 1981.
Any water supply approved by the New York State Department
of Health.
Any water supply on or available to the premises, other than
the approved public water supply.
A 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 resulting backflow of contaminated, polluted or otherwise
unacceptable quality water 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. (See Figure 1-B.)
EXAMPLE: Only the valve at A separates the potable and the fire
tank water in a large factory. The factory's potable water system,
at B, is being filled from the public water supply system at C, which
is delivering water at a pressure of 60 pounds per square inch. At
the same time, the firefighting system is activated, which provides
potentially stagnant tank water at a pressure of 120 pounds per square
inch. If valve A is open or leaks, the tank water will be forced into
the public water supply system.
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The backflow of contaminated or polluted water or water of
questionable quality from a plumbing fixture or other customer source(s)
into a public water supply system main due to a temporary low or subatmospheric
pressure within the public water supply system. (See Figure 1-C.)
EXAMPLE: A hose is submerged in a laboratory sink at A. Both
buildings are connected to the same public water supply system C.
This main could develop a low pressure due to a main break elsewhere
in the system. The building on the right has installed a booster pump
in the basement at B in order to augment available pressures. The
booster pump could deplete the water in main C, thereby subjecting
the customer's water system to a pressure less than atmospheric, thus
causing a reversal of flow from the laboratory in the opposite building.
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A person who is New York State Department of Health certified
and found competent for the testing of backflow prevention devices.
He or she shall be provided with an appropriate unexpired identification
card. Failure to perform his or her duties competently and conscientiously
will result in prompt withdrawal of his or her authority to test devices
under this article.
Cross-connection control which isolates the customer's entire
facility from the public water system so as to provide the protection
necessary to prevent contamination of the public water supply in the
event of backflow from the customer's facility.
The presence in water of a substance that tends to degrade
its quality.
A physical connection between the public water system and
a customer water system.
A water user served by a public water system; all water districts,
including individual private users outside the district limits, as
well as all outside-of-district customers.
The piping used to convey water supplied by a public water
supply system from the point of supply throughout the customer's facility.
Whether a facility is rated as hazardous, aesthetically objectionable
or nonhazardous.
Two single independently acting check valves, including tightly
closing shutoff valves located at each end of the assembly, and suitable
connections for testing the watertightness of each check valve. This
device must be approved as a complete assembly and listed on the New
York State Department of Health list of acceptable devices in Section
8 of the Cross-Connection Control Guide. (See Figure 1-D.)
A facility in which substances may be present which, if introduced
into the public water system, would or may endanger or have an adverse
effect on the health of other water customers. Typical examples: laboratories;
sewage treatment plants; chemical plants; hospitals; mortuaries.
A joining of two independently operated public water supply
distribution systems.
The Genesee County Health Department Engineer having jurisdiction.
A facility which does not require the installation of an
acceptable backflow prevention device.
Prevention and elimination of cross-connections within the
customer's water system by enforcement of building or plumbing codes.
A New York State approved supplier of water, including the
source, treatment works, transmission mains, distribution system and
storage facilities serving the public.
A device which is acceptable if found on the New York State
Department of Health list of devices as described in Public Section
8 of the Cross-Connection Control Guide, January 1981. The unit must
include tight-closing shutoff valves located at each end of the device,
and each device shall be fitted with properly located test cocks.
This device must be approved as a complete assembly. (See Figure 1-E.)
Any water source or system, other than the public water supply,
that is available within the water customer's facility.
The owner or operator of a New York State approved public
water system.
The consumer or a person on the premises charged with the
responsibility of complete knowledge and understanding of the water
supply piping within the premises and for maintaining the consumer's
water system free from cross-connections and other sanitary defects,
as required by regulations and laws.
Whenever possible, cross-connection control will be achieved
by the containment method. Any user employing a device which will
achieve control by any other method will make written application
to the Highway Superintendent to request such authorization. The Highway
Superintendent, the Town Board and the Genesee County Department of
Health will be the final authority determining the applicability of
any and all devices so used.
A.Â
The containment method. Using the containment approach to cross-connection
control results in totally isolating a facility with a potential hazard
from the public water supply system. Each water service line to such
a facility will be protected in a manner commensurate with the degree
of hazard. When any portion of a consumer's water supply system is
rated hazardous, then the entire system receives the same rated degree
of hazard. That includes piping for potable as well as nonpotable
water.
B.Â
Under certain conditions, fire sprinkler system connections to the
public water supply system may warrant a separate evaluation of the
type of protective device required.
A.Â
Degree of hazard. To achieve containment, an acceptable backflow
prevention device must be installed in every service connection where
deemed necessary under this article by the Highway Superintendent
or his designee.
B.Â
Criteria.
(2)Â
Based on these considerations, a facility will be rated as hazardous,
aesthetically objectionable or nonhazardous.
(3)Â
This cross-connection control program will enact a major emphasis
on isolating those facilities that pose the greatest hazard in the
most vulnerable portions of the distribution system.
C.Â
Degree of protection. The degree of protection shall be commensurate
with the degree of hazard.
(1)Â
A hazardous facility must be contained through the use of an
RPZ or an air gap.
(2)Â
An aesthetically objectionable facility must be contained through
the use of a DCV.
(3)Â
Nonhazardous facilities may be, but are not mandated by these
regulations to be, protected through internal plumbing control to
ensure that plumbing cross-connections are adequately protected or
eliminated.
(4)Â
It is not possible to list every circumstance and facility type
that may be encountered while evaluating all water users of the district
water system. Therefore, while evaluating a facility, the inspector
will rely on these regulations, good common sense and the Genesee
County Health Department Engineer, as needed, to adequately ensure
the basic protection desired by this program.
(5)Â
Internal plumbing control necessary for the protection of the
on-premises user is not equivalent to containment but is a necessary
adjunct to a total protection program. The water customer is responsible
to prevent cross-connection within his facility.
The protective device required shall depend on the degree of
hazard, as tabulated below:
A.Â
For any premises on which there is an auxiliary water supply, the
public water supply system shall be protected by an air gap separation
or an approved reduced-pressure-principle backflow prevention device.
B.Â
At the service connection to any premises on which a substance that
would be objectionable (but not hazardous to health if introduced
into the public water supply) is handled so as to constitute a cross-connection,
the public water supply shall be protected by an approved double check
valve assembly.
C.Â
At the service connection to any premises on which a substance of
unusual toxic concentration or danger to health 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 prevention device. This device shall be located at or as
near the point of entry into the facility as possible, immediately
downstream of the water meter and all piping between the water meter
and receiving tanks shall be entirely visible.
D.Â
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 property line, and receiving tanks 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 this alternative is acceptable to
the Highway Superintendent and Genesee County Department of Health.
E.Â
At the service connection to any sewage treatment plant or sewage
pumping stations, the public water supply shall be protected by an
air gap separation. The air gap shall be located as close as practicable
to the property line, and all piping between the water meter and receiving
tanks 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.
A.Â
Evaluation.
(1)Â
A separate evaluation of the firefighting system in use at a
facility is required because of the number of variables involved in
making the determination of adequate protection of the public water
supply system.
(2)Â
The sprinkler system service connection is usually an independent
connection to the public water supply and as such will be separately
evaluated as to the hazard posed.
(3)Â
Fire Department connections are used to pump water into sprinkler
systems. The quality of water pumped into the sprinkler system may
be of concern.
B.Â
The following outlines the type of acceptable backflow prevention
device required by class of sprinkler system used (AWWA Manual No.
M-14, Backflow Prevention and Cross-Connection Control). The device
is the minimum needed to satisfy containment requirements and applies
only to sprinkler systems connected to public water supply water mains.
(1)Â
Class 1: direct connections from public water mains only; no
pumps, tanks or reservoirs; no physical connection from other water
supplies; no antifreeze or other additives of any kind; all sprinkler
drains discharging to atmosphere, dry wells or other safe outlets.
(2)Â
Class 2: same as Class 1, except that booster pumps may be installed
in the connections from the street mains (booster pumps do not affect
the potability of the system). It is necessary, however, to avoid
drafting so much water that pressure in the water main is reduced
below 20 pounds per square inch.
(3)Â
Class 3: direct connection from public water supply main, plus
one or more of the following: elevated storage tanks; fire pumps taking
suction from aboveground covered reservoirs or tanks; and pressure
tanks. (All storage facilities are filled with or connected to public
water only, the water in the tanks to be maintained in a potable condition.
Otherwise, Class 3 systems are the same as Class 5.)
(4)Â
Class 4: directly supplied from public mains similar to Classes
1 and 2 and with an auxiliary water supply on or available to the
premises; or an auxiliary supply may be located within 1,700 feet
of the pumper connection.
(5)Â
Class 5: directly supplied from public mains and interconnected
with auxiliary supplies, 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.
(6)Â
Class 6: combined industrial and fire protection systems supplied
from the public water mains only, with or without gravity storage
or pump suction tanks.
C.Â
Corresponding backflow protection recommended (AWWA M-14):
(1)Â
Class 1: none, other than the check valve required by the National
Fire Code.
(2)Â
Class 2: none, other than the check valve required by the National
Fire Code.
(3)Â
Class 3: will generally require minimum protection (approved
DCV) to prevent stagnant waters from backflowing into the public potable
water system.
(4)Â
Class 4: will normally require backflow protection at the service
connection. The type (air gap, RPZ or DCV) will generally depend on
the quality of the auxiliary supply. It will normally need maximum
protection (air gap or RPZ) to protect the public potable water system.
(5)Â
Class 5: will normally need maximum protection (air gap or RPZ)
to protect the public potable water system.
(6)Â
Class 6: protection would depend on the requirements of both
industry and fire protection and could only be determined by a survey
of the premises.
A.Â
Notification of violation. The Highway Superintendent shall notify
the owner or authorized agent of the owner of any building or premises
in which there is found a violation of this article of such violation.
The Highway Superintendent 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 Highway Superintendent 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.
B.Â
Fines. The owner or authorized agent of the owner responsible for the maintenance of plumbing systems in the building who knowingly permits a violation to remain uncorrected after the expiration of time set by the Highway Superintendent shall, upon conviction thereof by the court, be required to pay a fine of not more than $100 for each violation. Each day of failure to comply with the requirements of the article after the specified time provided under Subsection A shall constitute a separate violation.