[HISTORY: Adopted by the Board of Trustees of the Village
of Canisteo 3-10-2020 by L.L. No.
2-2020. Amendments noted where applicable.]
A.
As a water purveyor, the Village of Canisteo is obligated to protect
its public water supply from the possibility of contamination or pollution
by enacting and enforcing a containment (secondary) backflow prevention
program.
B.
This article provides general information about backflow prevention
requirements for the Village of Canisteo water customers, including
an outline of Village department responsibilities and procedures for
enforcing these requirements.
A.
The International Plumbing Code (IPC), which the State of New York
has adopted, protects the public water supply and private on-site
water supply and distribution systems by prohibiting cross-connections
between potable and nonpotable water systems and by requiring installation
of primary backflow prevention methods.
B.
As per International Building Code (IBC) Section P2902.1,[1]a potable water supply system shall be designed and installed
as to prevent contamination from nonpotable liquids, solids, or gases
being introduced into the public water supply. Connections shall not
be made to a potable water supply in a manner that could contaminate
the water supply or provide a cross-connection between the supply
and a source of contamination unless an approved backflow prevention
device is provided. Cross-connections between an individual water
supply and a potable public water supply shall be prohibited, except
where an appropriate cross-control connection device is installed
in accordance with Subpart 5-1.31 of the New York State Sanitary Code
(10 NYCRR 5-1).
[1]
Editor's Note: Reference should apparently be to Section P2902.1
of the International Residential Code (IRC).
A.
The International Plumbing Code, which the State of New York has
adopted, protects the public water supply and private on-site water
supply and distribution systems by prohibiting cross-connections between
potable and nonpotable water systems and by requiring installation
of secondary backflow prevention methods.
B.
As per IBC Section P2902.3, Backflow protection,[1] a means of protection against backflow shall be provided
in accordance with Sections P2902.3.1 through P2902.3.6. Backflow
prevention applications shall conform to Table P2902.3, except as
specifically stated in Sections P2902.4 through P2902.5.5. On-site
containment is regulated by Subpart 5-1.31 of the New York State Sanitary
Code (10 NYCRR) and may be required by the provider of public water,
depending on the degree of hazard, to protect public water systems
through the use of appropriate backflow prevention device installations.
[1]
Editor's Note: This reference should apparently be to Section
P2902.3, Backflow prevention, of the International Residential Code
(IRC). Subsequent references in this subsection should also apparently
be to sections in the IRC.
See Appendix A.[1]
[1]
Editor's Note: A copy of Appendix A (10 NYCRR 5-1.31) is on
file in the Village offices.
Village of Canisteo backflow prevention requirements are administered
by Village departments as follows:
A.
The Village of Canisteo Codes Enforcement/Building Inspection Department
is responsible for administering three portions of the NYS Department
of Health cross-connection prevention provisions.
(1)
Existing service identification. In the year of 2020, the Village
of Canisteo initiated an annual commercial inspection process as mandated
by International Building Code (IBC) Section 1204.12.[1] During these inspections, determinations are made as to
the level of cross-connection protection as required by IPC Table
608.1, Application for Backflow Preventers.
See Appendix B.[2]
(a)
Where secondary backflow prevention is not required, this information
is noted on the commercial inspection form.
(b)
Where secondary backflows already exist, this information is
entered into the commercial inspection form as well as the backflow
prevention inventory record maintained by the Codes Enforcement Officer.
(c)
Where the occupancy or facility is inspected but no secondary
backflow device exists at the point of service, the water service
customer is provided with basic backflow prevention information and
the Codes Enforcement Officer shall determine whether additional backflow
prevention is required.
(2)
Backflow inventory records. An inventory of all Village of Canisteo
required backflow prevention assemblies is to be maintained by the
Codes Enforcement Officer as required by the NYS Department of Health,
including copies of annual certification tests and maintenance records
for each required assembly.
(3)
Incident response and enforcement. The Village of Canisteo Codes
Enforcement Officer and the Village of Canisteo Department of Public
Works are required to respond to all incidents of backflow into the
public water system; the Department of Public Works for termination
of water service if necessary to protect the public water supply.
The Codes Enforcement Officer is responsible for enforcement of compliance
with annual testing and maintenance of required backflow prevention
assemblies.
B.
The Codes
Enforcement Officer is responsible for determining the type and location
of all required backflow prevention assemblies, including plan review,
permit issuance and installation inspection of all such assemblies.
As used in this article, the following terms shall have the
meanings indicated:
Any testable assembly with the exception of an approved air
gap. A list of assemblies shall be maintained by the Codes Enforcement
Officer.
The undesirable reversal of flow of water or mixtures of
water and other liquids, gases or other substances into the distribution
system of the public water supply.
A form of backflow due to any elevation of pressure in the
downstream piping system (by pump, elevation of piping, or steam/or
air pressure) above the supply pressure at the point of service delivery
which could cause, or tend to cause, a reversal of the normal direction
of flow through the backflow prevention assembly.
A form of backflow due to a reduction in system pressure,
which causes a negative or subatmospheric pressure to exist at a point
in the system.
An individual certified to test backflow prevention assemblies
by the New York State Health Department, American Water Works Association
(AWWA) or other agencies or organizations involved in the training
and certification of testers if they are acceptable to the New York
State Department of Health Cross-Connection Control Division.
The person who has been trained by the Department of State,
of the State of New York, and has passed all qualifying testing required
to be licensed by such.
Any unprotected or potential connection or structural arrangement
between a public or a customer's potable water system and any other
source or system through which it is possible to introduce into any
part of the potable water system any used water, industrial fluid,
gas, or other substance than the intended potable water with which
the system is supplied. Bypass arrangements, jumper connections, removable
sections, swivel or changeover devices and other temporary or permanent
devices through which or because of which backflow can or may occur
are considered to be cross-connections. Compliance with this article
creates a rebuttable presumption that a cross-connection does not
exist.
The Water Services Director for the Village of Canisteo,
or his/her authorized deputy, agent, designee or representative.
The director of the Planning and Zoning Services Department,
or his/her authorized deputy, agent, designee or representative.
The terminal end or a service connection from the public
water system. If a meter is installed at the end of the service connection,
then the point of service delivery shall mean the downstream end (i.e.,
customer's side) of the meter. If an unmetered connection exists,
then the point of service delivery shall mean the point of the demarcation
between the public right-of-way or easements and private property.
Any water, including reclaimed wastewater from a wastewater
treatment facility or cooling tower.
This includes all new buildings, additions, remodeling, tenant
improvements, changes in occupancy and new water services for existing
properties. Codes Enforcement staff reviews for and applies the backflow
prevention requirements of the NYS Department of Health and the IRC
as part of the standard plan review, permit issuance and inspection
process.
Three alternatives exist when the owner of an existing water
service is referred to Codes Enforcement for determination of compliance
with the IRC Section P2902.3.
A.
The water service customer may choose to apply for a permit to install
a secondary backflow prevention assembly to be located as close as
practicable to the point of water service to the property. Codes Enforcement
will review and process this permit application in accordance with
standard procedures; or
B.
The water service customer may choose to submit an alternative plan
for compliance with IRC/NYS Department of Health Codes by means of
alternative backflow prevention methods. This plan may be prepared
by the owner, by a qualified contractor, or by a professional engineer
depending upon the complexity of the existing plumbing system and/or
the complexity of the compliance plan. Evaluation of the plan by Codes
Enforcement requires payment of a plan review fee. Codes Enforcement
staff will approve, modify or disapprove of the plan in the same manner
as any plumbing alteration plan review. A permit is required for the
installation of any additional backflow prevention assembly(s) as
may be determined by this plan review; or
C.
The water service customer may choose to request Codes to evaluate the customer's internal plumbing system for compliance with the required codes, without requiring the installation of additional backflow prevention assemblies. The form of this request must be a report or plan similar to that described in Subsection B, above, documenting why the owner believes that the property already complies with the Code without requiring any additional devices. Evaluation of this request by Codes Enforcement also requires a payment of a plan review fee, and will result in either acceptance of the existing situation or orders to obtain a permit and install the proper backflow preventer indicated by the circumstances.
All decisions of Codes Enforcement regarding backflow prevention
are applicable as follows:
A.
Codes Enforcement staff decisions as to the need for backflow prevention
assemblies, the type of assembly, the installation standards, or the
required location may be appealed to the Building Official and to
the Zoning Board.
B.
Design review. Appeals from applicable design review guidelines may
be made to Codes Enforcement and the Zoning Board.
C.
Zoning ordinance. Appeals from applicable zoning ordinance requirements
may be made to the Zoning Board.
A.
Water Services Director. It shall be the responsibility of the Water
Services Director to protect the public water supply by applying the
remedies and enforcement provisions set forth in this article.
B.
Codes Enforcement Officer (CEO).
(1)
The CEO shall administer and enforce all applicable cross-connection
control provisions of the International Plumbing Code (IPC), including
the issuance of permits for all required backflow prevention assemblies.
(2)
The CEO shall determine which facility requires backflow protection.
This responsibility includes inspection as necessary of all existing
facilities connected to the Village of Canisteo water supply.
(3)
The CEO shall, as a condition of issuance of any building permit,
require installation of appropriate backflow prevention as required
by the International Plumbing Code.
(4)
The CEO shall determine the type and location of all backflow prevention
assemblies in accordance with the International Plumbing Code.
(5)
The CEO shall keep adequate records of each test and any maintenance
of installed devices.
C.
Customer responsibilities. It shall be the responsibility of the
customer to prevent pollutants or contaminants from entering the customer's
building's potable water system and the public water system. The customer's
responsibility starts at the point of service delivery from the public
potable water system and includes all water piping systems. The customer
is required to properly locate, install, test and maintain each backflow
prevention assembly in good working condition and shall provide the
necessary inspections to assure that the assembly is operating properly.
(1)
The customer shall obtain a permit from the Codes Enforcement Officer
(CEO) for the installation of any backflow prevention assembly or
for the modification of any plumbing system.
(2)
The customer shall provide for the testing of all backflow prevention
devices at least once a year, except that the CEO may require more
frequent testing if warranted.
(3)
If the CEO or customer becomes aware of any malfunction of the backflow
device during the interim period of testing, or the device becomes
inoperable, the customer shall provide for necessary repairs and retesting.
A copy of the report of the repairs and retesting shall be delivered
to the CEO.
(5)
The customer shall be responsible for submitting copies of testing
records pertaining to assemblies on forms approved by the New York
State Department of Health. The customer shall be required to retain
all records for a minimum of three years from the date that a copy
of the record was provided to the CEO.
(6)
Backflow prevention assemblies shall be installed by the customer,
at the customer's expense, in compliance with the standards and specifications
of the IPC.
(7)
In the event of the customer's or the public water system is contaminated
or polluted due to cross-connection or other cause, and the same comes
to the knowledge of the customer, the Village of Canisteo Water Services
Director, the CEO, the Village of Canisteo Department of Public Works
Director, and the Steuben County Department of Health shall be promptly
notified by the customer so that appropriate measures may be taken
to remedy the contamination.
Unless otherwise specified by the Codes Enforcement Officer
or the Steuben County Department of Health:
A.
An approved backflow prevention method shall be one of the following
types:
(1)
Air gap. An unobstructed vertical distance through the free atmosphere
between the opening of any pipe or faucet supplying potable water
to a tank, plumbing fixture or other device and the floodlevel rim
of said tank, plumbing fixture or other device. An approved air gap
shall be at least double the diameter of the supply pipe or faucet
and in no case less than one inch.
(2)
Reduced pressure zone (hereafter RPZ). An assembly containing two
independently acting approved check valves, together with a hydraulically
operating mechanically independent pressure differential relief valve
located between the check valves and at the same time below the first
check valve. The assembly shall include properly located test cocks
equipped with brass plugs and tightly closing resilient seated shutoff
valves at each end of the assembly.
(3)
Pressure vacuum breaker assembly (hereafter PVB). An assembly containing
an independently operating, loaded check valve and an independently
operating, loaded air inlet valve located on the discharge side of
the check valve. The assembly shall include properly located test
cocks equipped with brass plugs and tightly closing resilient seated
shutoff valves at each end of the assembly.
(4)
Double check valve assembly (hereafter DCV). An assembly composed
of two independently acting approved check valves, including tightly
closing resilient shutoff valves at each end of the assembly and fitted
with properly located test cocks equipped with brass plugs.
B.
Requirements for new services and existing services. An approved
backflow prevention method is required for the activities or facilities
listed in this paragraph that are connected to the public water system.
The backflow prevention method shall be in accordance with IPC Table
608.1. The location shall be as close as practicable to the point
of service delivery. In no case shall there be a connection between
the backflow device and the meter or upstream delivery point.
(3)
Commercial and educational facilities:
(a)
Buildings. Any structure having a cross-connection in violation
of the IPC, or water operated sewage pumping facilities, auxiliary
water supplies or other sources of contamination which would create
a potential hazard to the public water system (air gap, RPZ, or DCV).
(b)
Car wash facilities (air gap or RPZ).
(c)
Multiple services (air gap, RPZ, or DCV).
(d)
Mobile home parks (RPZ or DCV).
(e)
Schools or colleges with laboratories (Air gap or RPZ).
(4)
Portable or temporary services or equipment:
(5)
Miscellaneous activities and equipment.
(a)
Auxiliary water systems (air gap or RPZ).
(b)
Chemically contaminated water systems (air gap or RPZ).
(c)
Fire systems; water, foam, deluge, chemical suppression (RPZ
or DCV).
(d)
Industrial fluid systems; any industrial systems interconnected
with the public water system and containing any fluid or solution
which would constitute a public health problem (air gap or RPZ).
(e)
Irrigation systems (RPZ).
(f)
Restricted, classified, or other closed facilities including
civil works (air gap or RPZ).
(g)
Solar heating systems, direct and auxiliary (RPZ).
(6)
Exception. Once through solar heating systems.
C.
The Codes Enforcement Officer (CEO) shall determine on a case-by-case
basis backflow prevention requirements for any facility or activity
not listed in this section in order to prevent contamination or pollution
of the public potable water system.
D.
All assemblies shall be accessible for testing and maintenance. As
per code, 30 inches to center off finished floor, eight inches to
center off of wall. A reduced pressure zone assembly or a double check
valve assembly shall not be installed in a basement, meter box, pit,
or vault unless adequate clearance and drainage is provided. A pressure
vacuum breaker shall be installed above ground.
E.
Unless a cross-connection problem is specifically identified, or
as otherwise provided in this article, the requirements of this article
do not apply to single-family residences used solely for residential
purposes.
F.
"Close as practicable" is the point nearest the service delivery
area where the assembly can be installed. Where the assembly installation
may interfere with obstacles such as driveways and sidewalks, then
"close as practicable" is the nearest point after the obstacles, but
in no event the first tap.
G.
An air gap separation shall be located as close as possible to the
customer's point of service delivery. All piping between the customer's
connection and receiving tank shall be entirely visible unless otherwise
approved by the CEO.
A.
If a customer has committed one or more of the acts contained in Subsection C below and has not taken the corrective action as required by this article, the Codes Enforcement Officer, Water Department Director or Department of Public Works Director may elect to impose a civil penalty not to exceed 1,000% per billing period of the charges for all water used beginning from the date of corrective action was required and until the corrective action has been completed by the customer.
B.
If a situation which would otherwise result in discontinuance of
water service is not remedied within the time provided in the notice
of termination sent to the customer, the Water Services Director,
at their discretion, may install a backflow prevention assembly at
the customer's point of service delivery and bill the customer for
all costs, together with all applicable penalties.
C.
In addition to any other remedy available to the Water Services Director
to enforce this article, the Codes Enforcement Officer may request
the Water Services Director to terminate water service if the customer:
(1)
Fails to properly locate, install, test, or maintain a required backflow
prevention assembly; or
(2)
Removes or bypasses a required backflow prevention assembly without
prior approval of the CEO; or
(3)
Allows a cross-connection to occur; or
(4)
Fails to timely submit records of tests and repairs of a backflow
prevention assembly; or
(5)
Fails to comply with the written policy on backflow prevention and
cross-connection on file with the Village of Canisteo Clerk and the
Village of Canisteo Codes Enforcement Office; or
(6)
Fails to comply with any requirements imposed upon the customer by
the State of New York.
D.
Termination of water service shall be immediate and without prior
notice if the Water Services Director determines that the customer's
water system may cause a health hazard to the public potable supply.
Otherwise, the Water Services Director shall give 10 days' written
notice to the customer prior to termination of water service. Water
service may be restored when the condition forming the basis for the
termination has been remedied to the satisfaction of the CEO. All
costs, fees, and expenses incurred, and all surcharges and penalties
relating to the termination and restoration of water service, shall
be paid prior to the water service being restored.
