For the purpose of this article, certain words
and terms used herein are defined as follows:
AWWA
The American Water Works Association.
CONSUMER
The person or party using the water provided to the owner's
property.
CONTRACTOR
The person or party responsible for the construction or maintenance
of the premises or the fixtures attached thereto.
CROSS CONNECTION
Any connection or structural arrangement between a Town and
a consumers' potable water system and any nonpotable source or system
through which backflow can occur, including bypass arrangements, jumper
connections, removable sections, swivel or changeover devices and
other temporary or permanent devices through which, or because of
which, backflow can occur.
GENERAL SPECIFICATION FOR PROPERTY DEVELOPMENT
The rules, regulations, standards and specifications regarding
property development within the Town of Niagara and which are from
time to time adopted by the Town of Niagara Town Board pursuant to
the ordinance of this article.
NATIONAL FIRE CODE
The rules, regulations, standards and specifications regarding
fire protection which are from time to time adopted by the National
Fire Protection Association.
OWNER
The person or party having title to the real property to
be served, or said person or party's authorized agent.
PLUMBER
A person with the requisite knowledge and skill to perform
any plumbing work required under this article in accordance with the
specifications contained herein.
PLUMBING TERMS
This article is very technical in nature and contains many
terms and phrases regularly used in the plumbing trade. Whenever such
technical terms and phrases are used in this article, they shall adopt
the definition contained in the New York State Plumbing Code.
SERVICE CONNECTION AND SERVICE LINES
All those pipes, fittings and connections used for the supply
of water and located between the water main and up to and including
the water meter.
SUPERINTENDENT
The Superintendent of the Town of Niagara Water Department.
TOWN
The Town of Niagara, New York, or the Town of Niagara Water
Improvement area located within the Town.
TOWN BOARD
The Town Board of the Town of Niagara, New York.
TOWN WATER
The water piped, transported or pumped by the Town.
UNI-BELL PLASTIC ASSOCIATION STANDARDS
The rules, regulations, standards and specifications regarding
the installation and standards of plastic pipe, and which are from
time to time adopted by the UNI-Bell Plastic Pipe Association, unless
otherwise specified in this article.
The Superintendent, under the sole direction
of the Town Board, and upon consultation with others as appropriate,
shall be the sole judge of the meaning of the provisions of this article.
His or her interpretation shall be final and binding on all applicants,
consumers and owners accepting or using Town water.
All premises within the Town requiring the use
of water shall have connection with and exclusively use Town water.
Except as specifically provided for herein,
no tap or connection shall be made on or to the Town water system
except pursuant to a written, permit issued by the Town Board or Water
Department, and with express approval of all work to be performed
and materials to be used.
Except as specifically provided for herein,
all water provided to any owner or consumer by the Water Department
shall be metered.
Any contractor performing plumbing work required
to be performed by this article shall be responsible for said plumbing
work's compliance with the specifications provided for herein.
[Amended 10-21-2014 by L.L. No. 1-2014]
A. Purpose. Potable water supplies are an essential life-supporting
element of our natural environment. Such water is continually threatened
by contamination or pollution and the possible subsequent creation
of health hazards. The Town of Niagara desires to do all that is practicable
to prevent such contamination and pollution through the use of safeguard
devices. This section assists in the effectuation of such purpose
by requiring the installation of backflow prevention devises where
these exist. Cross-connections between private and public water systems
should avoid backflow into the public water system.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AIR-GAP SEPARATION
A physical break between a supply pipe and a receiving vessel.
Said air gap shall be at least double the diameter of the supply pipe,
as measured vertically above the top rim of the vessel, and in no
case be less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely, carefully
machined to have free moving parts and assured water tightness. The
face of the closure element and valve seat shall be bronze, composition,
or another noncorrodible material which will seat tightly under all
prevalent conditions of field use. Pins and bushings shall be made
of bronze or another noncorrodible, nonsticking material machined
for easy, dependable operation. The closure element, e.g., the clapper,
shall be internally weighted or otherwise internally equipped to promote
rapid and positive closure in all sizes where this feature is possible.
It must be approved by the New York State Department of Health.
APPROVED DOUBLE-CHECK VALVE ASSEMBLY
An assembly of at least two independently acting check valves,
including tightly closing shutoff valves on each size of the check
valve assembly, suitable leak-detector drains, and connections for
testing the water tightness of each check valve. This device must
be approved by the New York State Department of Health.
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically
operating differential relief valve located between the two check
valves, two shutoff valves, and those appurtenances necessary for
testing. The device shall operate to maintain the pressure in the
zone between the two check valves at 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 the event 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. In order to be approved, these
devices must be readily accessible for maintenance and testing and
installed in a location where no part of the valve will be submerged.
The enclosure must be self-draining, so that the large amount of water
which the relief valve may vent will be disposed of reliably without
submergence of the relief valve. This device must be approved by the
New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises, other than
the approved water supply.
BAROMETRIC LOOP
A loop of pipe which at its topmost point rises approximately
35 feet above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who is certified by the State Health Department
to be competent in the testing of backflow prevention devices. Said
person shall be provided with an appropriate identification card which
must be renewed annually. Said person will hereafter be referred to
as "certified inspector."
CROSS-CONNECTION
Any unprotected connection between a water system used or
intended to be used to supply water for drinking purposes and any
source or system containing water or a substance which is not or cannot
be approved as equally safe, wholesome and potable for human consumption.
WATER USER
The consumer or the 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 deficiencies
pursuant to regulations and laws. It shall be the responsibility of
the water users to provide and maintain these protective devices,
and each one must be of a type acceptable to the New York State Department
of Health.
C. Protection of public water system at service connection.
(1)
Where protection is required.
(a)
Each service connection between a public water system and premises
which have an auxiliary water supply shall be protected against backflow
of water from said auxiliary water supply into the public water system,
unless said water supply is approved as an additional source by the
Water Department and is satisfactory to the public health agency having
jurisdiction with regard to quality and safety.
(b)
Each service connection between a public water system and premises
where a substance is handled under pressure in such a manner as to
permit entry into the premises' water system shall be protected against
the backflow of such premises' water system into the public system.
This includes the handling of process waters and those waters originally
provided by the public water system which may have deteriorated in
sanitary or chemical quality.
(c)
Each service connection between a public water system and premises
where a substance of unusually toxic concentration or danger to health
is handled in liquid form, even when not under pressure, shall be
protected against the backflow of the water from the premises into
the public water system. Examples are plating factories, premises
using cyanide, and hospitals. This is not intended to apply to normal
household installations.
(d)
Backflow prevention devices shall be installed on the service
connection to any premises that have internal cross-connections, unless
such cross-connections are abated to the satisfaction of the Water
Department. It shall be the responsibility of the water users to provide
and maintain these protective devices, and each one must be of a type
acceptable to the New York State Department of Health.
(e)
Backflow prevention devices shall be installed on all trucks
or other equipment used for the purpose of spraying fertilizers, insecticides,
pesticides, or fungicides. Said devices shall prevent the introduction
of such chemicals into the public water system when said equipment
is being filled with water at fire hydrants or other service connections
of the public water system.
(2)
Type of protection.
(a)
At the service connection to any premises on which there is
an auxiliary water supply handled in a separate piping system with
no known cross-connection, the public water supply shall be protected
by an approved double-check valve assembly.
(b)
At the service connection to any premises on which there is
an auxiliary water supply where cross-connections are known to exist
which cannot be presently eliminated, the public water supply system
shall be protected by an air-gap separation or an approved reduced-pressure-principle
backflow prevention device.
(c)
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 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.
(d)
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 as close
as practicable to the water meter, and all piping between the water
meter and receiving tanks shall be entirely visible.
(e)
At the service connection to any premises on which any material
dangerous to health, or any toxic substance in toxic concentration,
is or may be handled under pressure, the public water supply shall
be protected by an air-gap separation. The air gap shall be located
as close as practicable to the water meter, and all piping between
the water meter and 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
device which is acceptable to the Water Department.
(f)
At the service connection at any sewage treatment plant or sewage
pumping station, the public water supply shall be protected by an
air-gap separation. The air gap shall be located as close as practicable
to the water meter, and all piping between the water meter and 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.
(g)
Trucks or equipment used for the purpose of spraying fertilizers,
insecticides, pesticides and fungicides shall be equipped with a backflow
prevention device which is determined to be reasonable and acceptable
to the Water Department.
(3)
Frequency of inspection of protective devices. It shall be the
duty of the water user on any premises where backflow prevention is
installed to have inspections made at least once a year or more often
in those instances where successive inspections indicated repeated
failure. Said devices shall be repaired, overhauled or replaced at
the expense of the water user whenever they are found to be defective.
Tests shall be performed by a certified inspector at the user's expense,
and all test results will be delivered to the Water Department within
72 hours after the test is made. Records of such tests, repairs and
overhauls shall be kept and made available to the Water Department
and the Local Health Department upon request.
D. Protection of potable water systems within premises.
(1)
Separate drinking water systems. If the Water Department determines
that it is not practicable to protect drinking water systems on premises
against entry of water from a source or piping system or equipment
that cannot be approved as safe or potable for human use, an entirely
separate drinking water system shall be installed to supply water
at points convenient for consumers.
(2)
Fire systems. Water systems for firefighting, derived from a
supply that cannot be approved as safe or potable for human use, shall,
wherever practicable, be kept wholly separate from drinking water
pipelines and equipment. In situations where the domestic water system
is used for both drinking and firefighting purposes, approved backflow
prevention devices shall be installed to protect those individual
drinking water lines not used for firefighting purposes. Any auxiliary
firefighting water supply which is not approved for potable purposes
but which is so connected that it may be introduced into potable water
piping during an emergency shall be equipped with an approved chlorination
machine. It is hereby declared to be the responsibility of the person
or persons causing the introduction of said unapproved or unsafe water
into the pipelines to develop a procedure and utilize such to notify
and protect users of this potable water piping system during the emergency,
and to effectuate measures to disinfect thoroughly and flush out all
pipelines which may become contaminated, prior to the resumption of
their use to provide drinking water. If the means used to protect
water consumers is disinfection of the auxiliary firefighting supply,
said installation and its use shall be thoroughly reliable. The public
water supply must be protected against backflow from such dual domestic
fire systems.
(3)
Process waters. Potable water pipelines connected to equipment
for industrial processes or operations shall be protected by a suitable
backflow prevention device located beyond the last point from which
drinking water may be taken, which said device shall be installed
on the feed line to process piping or equipment. In the event the
particular process liquid is particularly corrosive or apt to prevent
reliable action of the backflow prevention device, air-gap separation
shall be provided. All devices shall be tested by the water user at
least once a year or more often in those instances where successive
inspections indicate repeated failure. The devices shall be repaired,
overhauled or replaced whenever they are found to be defective. Tests
must be performed by a certified inspector at the user's expense,
and records of tests, repairs, and replacements shall be kept and
made available to the Water Department and the Health Department upon
request.
(4)
Sewage treatment plants and pumping stations. Sewage pumps shall
not have priming connections which are directly connected to any drinking
water systems. No connections shall exist between the drinking water
system and any other piping, equipment, or tank in any sewage treatment
plant or sewage pumping station.
(5)
Plumbing connections.
(a)
Where circumstances are such that there exists a special danger
to health from the backflow of sewage into a drinking water system
from sewers, toilets, hospital bedpans and the like, a dependable
device or devices shall be installed to prevent such a backflow.
(b)
These regulations do not transcend local plumbing regulations
but only are directed at those extraordinary situations where sewage
may be forced into, or drawn into, potable drinking water piping.
These same regulations do not attempt to eliminate, at the present
time, the hazards of back-siphonage through flushometer valves on
all toilets but only are directed at those situations where the likelihood
of vacuum conditions in a drinking system is definite and thus there
is a special danger to health. Devices which avoid back-siphonage
from plumbing fixtures are roof tanks, barometric loops or separate
pressure systems separately piped to supply such fixtures, recognized
approved vacuum or siphon breakers, and other backflow prevention
devices which have been proven by appropriate tests to be dependable
in the destruction of a vacuum.
(c)
Inasmuch as many serious hazards of this kind are caused by
water supply piping which is too small, thereby causing vacuum conditions
when various fixtures are flushed or water is drawn from the system
in other ways, it is recommended that water supply piping which is
determined to be too small be enlarged whenever possible.
(6)
Marking safe and unsafe water lines.
(a)
Where premises contain dual or multiple water systems and piping,
the exposed portions of pipelines shall be painted, banded or marked
at sufficient intervals to distinguish clearly which water is safe
and which is not safe. All outlets from secondary or other potentially
contaminated systems shall be posted as being contaminated and unsafe
for drinking purposes. All outlets intended for drinking purposes
shall be plainly marked to indicate such.
(b)
The local Health Department and the Water Department shall be
kept informed of the identity of all persons responsible for the water
piping on all premises concerned with these regulations. At each premises
where it is necessary, in the opinion of the Water Department, a Water
Supervisor shall be designated. The water user shall be responsible
for the installation and use of pipelines and equipment and for the
avoidance of cross-connections.
(c)
In the event of contamination or pollution of the drinking water
system due to a cross-connection of the premises, the local Health
Department and Water Department shall be promptly advised by the person
responsible for the water system so that appropriate measures may
be taken to eliminate the contamination.
E. Recourse for noncompliance.
(1)
No water service connection to any premises shall be installed
or maintained by the Water Department until the water supply is protected
pursuant to state regulations and this section.
(2)
The providing of water to any premises may be discontinued at
the discretion of the Water Department if a backflow prevention device
required by this section and regulation is not installed, tested,
and maintained. If any defect is found in an installed backflow prevention
device, or if it is found that a backflow prevention device has been
removed or bypassed, or if unprotected cross-connections exist on
the premises, service will be terminated and not be restored until
such conditions or defects are corrected.
F. Certified inspector's fees. The water user may opt to employ the
service of a certified operator employed by the Water Department.
The Town Board shall by resolution from time to time set the fees
for inspections by said certified inspectors. All such fees will be
billed by and be paid to the Water Department on the next quarterly
or the final water bill, as the case may be.
G. Penalties for offenses.
(1)
Any person found violating any provision of this section shall
be served with a written notice, stating the nature of the violation
and providing a specified time within which the violation shall cease
and satisfactory corrective action shall be taken by the violator.
(2)
In the event that such violation is not terminated within the
time specified within said notice, the violator shall be liable to
the people of the Town of Niagara for a penalty of not more than $1,000.
(3)
Every week that a violation is allowed to continue beyond the
time specified in said notice shall constitute a separate violation.
(4)
Nothing contained herein shall be prevent the Town of Niagara
from exercising such other and additional remedies as are available
to it under other local law or state or federal law.
H. Reasonable interpretation required; service shutoff; charges.
(1)
These regulations are to be reasonably interpreted; it is their
intent to recognize that there are varying degrees of hazard and to
apply the degree of protection which should be commensurate with the
degree of hazard.
(2)
Service shutoff.
(a)
In case of a violation of this section, the Water Department
may shut off the service until the violation is removed and all charges
paid, including a charge for turning off or turning on the service.
(b)
Service charges for turning off or turning on the service shall
be set by the Town Board by resolution.
(c)
Service charges will be added to the quarterly statement or
the final billing, as the case may be.
The supply of water to any premises or party
whatsoever is subject to the following conditions:
A. The Town, or any of its boards, departments or agents,
does not guarantee to any party any fixed or constant pressure or
supply of water.
B. The Town, or any of its boards, departments or agents
will not be liable for any damage to the pipes, boilers, machinery,
appliances or other fixtures belonging to or used by consumers or
owners which are injured as the result of a change in supply or pressure
of water through the Town water system, regardless of whether or not
notice of a change of water supply or pressure was given to said consumers
or owners.
C. The Town, or any of its boards, departments or agents,
will not be responsible for any failure of, or damage to, any water
system or service connection due to the freezing of said system or
connection, regardless of the fact that the Town may have inspected,
approved or aided the construction of said system or connection.
D. There shall be no reduction or abatement in the charges
for water service and use otherwise due for any premises for any period
during which the water supply is reduced, altered or stopped, including
periods of water service interruption for emergency purposes, unless
the water service to the affected premises has been turned off at
the curb stop under written authority of the Water Department.
All installation of water lines, services or
other fixtures to become part of the Town water system in areas not
included within existing highways or streets, including installations
for developments where roads are being prepared and offered for acceptance
as public roads, shall be constructed pursuant to the following terms:
A. The connection to the Town's water system shall be
at a point designated by the Superintendent.
B. Pipes, valves and hydrants shall be installed in accordance
with a plan submitted to and approved by the Town Board and Superintendent.
C. Service connections shall be constructed in accordance
with the specifications provided for in this article.
D. The minimum size of water main lines shall be eight
inches unless otherwise authorized by the Superintendent.
E. The furnishings of materials and the installation
of all water lines, valves, hydrants and service lines shall be in
a manner satisfactory to the Superintendent.
F. All costs for material and for installation of water
mains, valves, hydrants and service lines shall be borne by the subdivider
or contractor. No water service shall be provided through such installation
until all water mains, valves and hydrants, together with all water
service lines extending to the limits of existing public highways
or to the outer limits of a sixty-six-foot area proposed for ultimate
dedication as public highways, have been conveyed to the Town at no
cost.
G. A permit pursuant to §
135-113 of this article must be obtained for any shutdown for cut-ins and/or connections to existing water mains.
Water shall be provided free of charge to any
Town building, department or agency. Nonetheless, all such water shall
be metered.
Upon the request of any person therefor, the
Water Department shall cause to be made a careful search of its books
and records for any unpaid water charges and shall prepare a letter
setting forth the amount of any such unpaid charges and the period
to which they relate or, if there are no unpaid charges, shall prepare
a letter setting forth the fact that all water charges have been paid,
the last meter reading date or the last estimated reading date and
the amount of the last water bill paid. There shall be charged and
collected a fee pursuant to Appendix II of this article for each parcel or premises so searched
against and for which a water letter had been prepared.