[Adopted 4-19-1976 as Ch. 132 of the 1970 Code; amended 3-15-1982; 4-5-1982; 3-5-1984; 2-16-1988; 4-4-1994 by L.L. No. 1-1994; 9-21-1999; 6-21-2005; 12-16-2014 by L.L. No. 3-2014; 8-20-2024 by L.L. No. 3-2024]
A. 
As used in this article, the following terms shall have the meanings indicated:
AGENT
Any individual, firm, company, association, society, corporation or group which is legally authorized to act in a person's behalf. In all cases where an "agent" shall so represent a person, such authorization must be in writing and must be represented to the Utilities Department prior to execution of any act which requires such presence.
CITY
The City of Saratoga Springs, New York.
CITY RESERVOIR
Any body of water, either above or below ground, which serves as a source of water for the City water system.
CITY WATER SYSTEM
All facilities for collecting, storing, testing, treating, transmitting, distributing and metering of the water furnished to the users by means of such facilities which are owned and/or operated by the Utilities Department of the City of Saratoga Springs, New York. Service connections from the point of connection to the water main are not considered to be a part of the "City water system" except for the water meter itself.
CORPORATION STOP
That valve fitting which is attached to the public water main by which the service connection is attached to the public water main. It serves as the Utilities Department control valve for the service connection. The "corporation stop" is the owner's responsibility.
CURB STOP
That valve fitting in the service connection line which permits the user to control the water to his building. In no case shall the Utilities Department bear responsibility for the maintenance and/or repair of this valve, nor shall it be responsible for any damage brought about by its operation.
HYDRANT OR PLUG
Any valve fitting, except a curb stop, which is attached to the water main and which permits a user to draw water from the system.
LICENSED PLUMBER
Only that person who is himself licensed by the City. No peddling of such license shall be permitted; however, authorized employees of the licensed plumber may perform the work authorized under any permission granted herein.
PERSON
Any individual, firm, company, association, society, corporation or group.
PLUMBING INSPECTOR
The Plumbing Inspector of the City of Saratoga Springs, New York, or his authorized deputy or representative.
PRIVATE WATER SYSTEM
All facilities for supplying water to users which are not part of nor connected to the City water system.
SERVICE CONNECTION
The pipe and appurtenances in that section of the distribution system starting at the corporation stop to the valve on the downstream side of the water meter. This shall be the owner's responsibility.
TAP-OFF
Any connection which is made in the service line through which water can be drawn from the line without registering on the water meter. The making of a tap-off and/or the use of water from the tap-off is a violation of this article and is punishable as defined in the City Charter. Furthermore, the existence of a tap-off will be considered, for the intent of this article, to be a service connection and will be subject to all periodic billings applicable to an unmetered account, in addition to that rendered to the owner for his legal service connection.
UTILITIES DEPARTMENT
The Utilities Department of the City of Saratoga Springs, New York.
VALVE
That mechanical fitting which is used to control the flow in the pipe.
WATER BILL
That invoice from the City Utilities Department covering payment for its product and service.
WATER MAIN OR WATERLINE
Any pipe which is used to transfer and/or distribute water, excluding that portion of the water system which is defined as the "service connection."
WATER METER
That mechanical device used to measure the quantity of water which passes a point. Water meters may be further classified as "individual water meters" where they measure the flow to an individual user or as "master water meters" where they measure flows to more than one user. They may also be classified by the size of the inlet/outlet piping. A water meter shall be termed a "dead reader" or a "dead meter" if it does not register a flow of water passing through it. Meters up to one inch will be furnished by the Utilities Department. Larger diameters are to be furnished by the owner and must read in cubic feet.
WATER SERVICE AREA
That area which is outlined and defined on maps on file with the Utilities Department which pertain to the supply, storage, transmission and distribution of water through the City water system.
A. 
Application for a new service connection shall be made at the office of the Utilities Department on the form provided. The City Council shall have authority to establish from time to time, by resolution, fees for such applications. The application shall state the name of the owner of the property to which the new service will be connected, and that person or legal entity shall be responsible for the payment of all water rents and related payments, fees, and charges as the City Council may establish from time to time, and shall also state the location of the connection, the time the work will be started and completed and the category of the service. The application must be signed by a licensed plumber who will perform the work involved.
B. 
(Reserved)
C. 
Any person or legal entity making any application under this section shall obtain approval of that application from the Department of Public Works prior to submitting any other application in which a new service connection is required or sought to any City official, board or office, including but not limited to the Zoning and Building Inspector or the Planning Board.
Applications will be accepted by the City Utilities Department subject to the existence of a water main of suitable size and condition in a street or right-of-way abutting the premises to be served. The application in no way obligates the City to extend its mains to serve the premises under consideration. No agreement will be entered into by the City with any applicant for water service until all arrears and charges due by the applicant for water rents or services of the Utilities Department at any premises now or heretofore owned by such person shall have been paid in full.
A. 
Upon receipt of a permit from the City, the owner may have the service connection installed by the plumber whose name appears on the application. Should the owner desire to use a different plumber to make such connection for any reason whatsoever, he must reapply for a permit. All other permits as may be necessary for the particular situation must be obtained prior to excavation.
B. 
There will be no additional water service connections made beyond that stated in the application without first obtaining a permit to construct such additional services.
C. 
The entire service lateral from the main in the street to the owner's premises is the property of the owner, and any and all repairs shall be the responsibility of said owner. There shall be a separate service lateral for each principal structure from the main in the street to said principal structure. Common water and sewer services are not permitted.
The City undertakes to use reasonable care and diligence to provide a constant supply of water at reasonable pressure to the users. However, the City reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs, taps and extensions, and the City will not be held liable for deficiency or failure in the supply of water or in the pressure for any cause whatsoever. The City will, however, give notice, where practical, of such shutoffs. The City water system furnishes water and not pressure and does not guarantee a continuous supply. No responsibility will be assumed by the City for any damages to any apparatus in any house or building due to the shutting off or turning on of water with or without notice.
A. 
In the case where a new or existing main is connected to the City water system and such has been constructed by an entity other than the Utilities Department, all applicable standards and regulations must be met prior to acceptance. Acceptance of the line or lines shall be conditional for a period of one year, and all breaks, leaks or other damage which occur in or due to the lines shall be the responsibility of the former owner to repair. When such damage is detected within that period, the Utilities Department shall notify the former owner and request that prompt action be taken to repair such damage, whether it is damage to the line itself or damage caused by a result of the leak. Where the Utilities Department deems that the previous owner has not taken prompt action to repair the damage and it feels that the resulting conditions degrade the public safety, it may elect to do such repair itself or to contract such work through some other source and to charge the previous owner for all of the costs incurred.
B. 
Before such extensions will be accepted, the owner shall deposit with the Department of Finance a bond equal to 5% of the normal construction cost of such extension, including service connections, which shall be in effect for the period of conditional acceptance.
C. 
The Commissioner of Public Works reserves the right to waive or amend the standards for acceptance, to reduce or increase the period of conditional acceptance and to waive the bonding requirement.
A. 
All water and sewage dispensed through the City water and sewer system shall be classified under one of the following categories: ordinary usage, special permit or outside of service area. The determination of the category shall be made by the Utilities Department at the time of the issuance of the permit.
B. 
All bills for water and sewer rates and services, based on the water and sewer rate schedules in effect at that time, will be mailed to the owners of the real property served, and the owners shall be liable for the same. Payment shall be made directly to the Department of Finance. The payment of a bill and penalties for nonpayment shall be as specified in the City Charter, Title IX, § C81, and Title X, § C91. The charges for water and sewer rates shall be set in accordance with the rates established by the City Council and in accordance with the laws of the State of New York and the provisions in the City Charter.
C. 
In the event that the owner questions the accuracy of his water meter, such will be tested in his presence upon his request.
D. 
All meters are to be safely tied with wire and sealed at the register and case connections. Seals shall not be broken without permission from the Utilities Department.
E. 
All accounts shall be metered before supplying any part of the property being served. Where, for any reason, the user is not metered, he will be billed as noted in the rate schedule for water use as estimated by the Utilities Department. In addition, a penalty will be assessed as noted in the rate schedule. For the intent of this article, a dead meter shall be the same as if there were no meter at that location.
F. 
Each dwelling house, trailer or building shall have a separate meter, and under no circumstances shall one property be serviced through another of unrelated occupancy.
G. 
Where leaks occur on private property upstream of the point where the quantity of flow is metered, the Utilities Department may estimate the total amount of water which has been expended through the leak beginning from the time the user has been notified of the leak to the time when such leak has been stopped. Such volume of water shall be classified as special use and will be included in the subsequent bill.
H. 
It shall be the responsibility of the property owner to provide a place for the City to install the water meter or meters. Such place or places shall be in a location that is easy of access and in accordance with the requirements as prescribed by the Utilities Department. The place provided shall be heated at all times to prevent the meter from freezing. No unauthorized person shall in any way damage, disfigure or interfere with any water meter. The only authorized persons referred to herein are those that are authorized by the Utilities Department. In the event that any meter is damaged because of a freeze-up or because of some interference to the water meter or by an unauthorized person as referred to herein, then the property owner and/or the user shall be responsible for any and all repairs, costs, damages and replacements occurred as a result of the same. Not only shall the owner and/or the user be personally responsible for this cost, but the same may become a lien upon the property serviced by the meter and foreclosed in the manner provided for unpaid water charges.
A. 
When a building or property, or part thereof, serviced by a City water meter undergoes a change of ownership, a request may be made by the seller or by an representative of a seller for a current reading of the meter. The person making such request to the Utilities Department shall be responsible for providing the meter reader with access to the water meter. Persons requesting meter reading under this subsection shall pay a fee of $50 for each meter reading request. Persons requesting meter readings on multiple metered accounts under this subsection shall pay a fee of $50 for the initial meter reading requested; additional meter readings at each building location will be charged at $20 each. Said fee(s) shall be a charge on the next water bill for the property on which the meter is located.
B. 
In the case of abandonment of the property, the Utilities Department may continue to serve water to the property and to bill for the same until it is notified, in writing, of such abandonment.
C. 
In the case where the property is to be razed, the property owner or his agent shall notify the Utilities Department so that the service line may be disconnected from the City main and that the meter may be read and removed. Where such notice is not given and damage results, the property owner shall be responsible to pay any and all such damages. It is the responsibility of the property owner to disconnect the abandoned service lateral at the corporation stop.
A. 
Water and sewer services may be discontinued after reasonable notice is given the owner and user for any of the following reasons:
(1) 
For use of water other than for the purpose represented in the application.
(2) 
For willful waste of water through improper or imperfect pipes.
(3) 
For molesting any service pipe, seal, meter, curb stop or any other appurtenance of the water and sewer systems.
(4) 
For nonpayment of bills for water and sewer rates or for services or penalties rendered by the Utilities Department.
(5) 
For cross-connecting the City service pipe with any other source of supply or with any apparatus which may endanger the quality of the City water supply.
(6) 
For refusal of reasonable access to the property for the purpose of inspecting or repairing, replacing or reading of the water meter.
(7) 
For violation by the user of any regulation of the New York State Health Department and of the unified codes of the City.
B. 
Where two or more consumers are now supplied with water and sewer through one service connection under the control of one corporation stop, if any of the parties so supplied shall violate any of the rules of this article, the City reserves the right to shut off the joint service line, except that such action shall not be taken until the innocent consumer who is not in violation of the City rules has been given a reasonable opportunity to attach his pipe to a separately controlled service connection. Such connection is to be made at the owner's expense.
C. 
In cases where, in the opinion of the Utilities Department, the public safety is endangered because water and sewage is leaking through a faulty connection and the leak lies on private property, the Utilities Department shall inform the user and owner and request the owner to repair or replace the faulty connection and thereupon shall shut off the water to this user.
A. 
The Utilities Department reserves the right to restrict or to stop any and all uses of water outside of the building to which the service is connected. Such uses include the sprinkling of lawns; the washing of automobiles, houses or walks; or any other use deemed by the Utilities Department to be within the intent of the section.
B. 
The City shall give notice of such restricted water use in the official newspaper of the City at least one day prior to the enforcement of this restriction.
Any equipment, such as refrigeration or air-conditioning, operated by the user, which equipment discharges into a sewer system, shall have a free-air-gap section at the entry into the sewage system. All such equipment, including but not limited to fire sprinkler systems, shall have backflow preventers installed.
In the event of an emergency, water vehicles and personnel shall have the right-of-way in the work area and, if necessary, shall have the right to close sections of streets or highways where the work involved may be hazardous to people or vehicles.
A. 
No person shall excavate within a public right-of-way with the purpose to connect a water service to the City water system without first receiving written permission from the City Utilities Department to make such a connection and from the owners of any such private property or utility which may lie within 10 feet in any direction of the excavation.
B. 
Prior to excavating on a City right-of-way on his property, the person who is making the connection will:
(1) 
Arrange a mutually agreeable date with the City Utilities Department for the digging.
(2) 
Obtain knowledge from the City Utilities Department and from owners of any public or private utility as to the proper location for the digging.
(3) 
Place the sum of $100 with the Department of Finance to be held in escrow for a sixty-day period to be used to reimburse the City for any expenses it might accrue which are due to the effect of the excavation. The Department of Public Works reserves the right to waive or amend this requirement.
C. 
All repairs to the existing public or private property shall be made promptly and are subject to the approval by the Utilities Department or by the owner of the private property, or both, for a period of one year from the date of the excavation.
No excavation on a City right-of-way and/or on City property shall be made without first obtaining all necessary permits. Furthermore, proper consideration of surrounding conditions and due regard for safety of the public shall be maintained at all times. Where practical, excavations shall be backfilled at the end of each working day; however, at the discretion of the Utilities Department and where the magnitude of the work prevents such backfilling, excavations shall be guarded and lighted in a manner detailed by the Utilities Department. While open, all excavations shall be clearly marked and guarded so as to permit the maintenance and regulation of traffic as determined by the Utilities Department.
A. 
No person shall make any connection, repair, addition or alteration to any City water main without the direct supervision of the Utilities Department.
B. 
Connection from the corporation stop to the user's premises will be made only after all permits to do so have been obtained from the Utilities Department by a plumber who is licensed by the City to do such work. All waterlines beyond the corporation stop will be furnished by the user and shall not be less than three-fourths-inch Type K copper. Meters up to and including one inch in size will be furnished. All meters larger than one inch are to be furnished by the user. Further, all such meters larger than one inch are to be maintained by the user thereof. As part of such maintenance, said meters shall be tested by the user. Such tests shall occur whenever directed by the Public Works Department of the City of Saratoga Springs; but in any event, every such meter shall be tested a minimum of once every five years. All tests shall comply with American Waterworks Association Water Meter Test Specifications or such other appropriate test specifications as may be approved by the Department of Public Works.
C. 
All new water services shall be metered at the nearest point of entry into the building, and such metering shall be equipped with appropriate valves on the inlet and outlet side. The meter is to be installed in horizontal piping by the personnel of the City Utilities Department.
D. 
Service pipe shall have a minimum cover of five feet or be insulated if such cover is not possible. Where the service line must cross an existing sewer, it must pass at least 18 inches above the sewer, and the sewer must be encased in concrete with at least six inches of cover on all sides for a distance of three feet on either side of the service line. The Utilities Department reserves the right to effect more stringent sanitary precautions where it deems necessary or where the connection is made to a place of public use.
A. 
All turning on and shutting off of water is the responsibility of the City, and no person is to tamper with or touch the corporation stop or valve in any manner without the direct supervision of the Utilities Department.
B. 
No turn-ons will be made unless the property owner or his agent is on the premises at the time the service is rendered. In the event that damages result to the premises because of the water being turned on, the City will not be held responsible, and all repairs shall be made at the expense of the property owner.
No electrical grounds will be attached to pipes which are located beyond the outlet valve of the water meter or at any location such that the ground will be broken when the meter is removed.
A. 
No person (other than employees of the Utilities Department) shall molest or interfere with or open or close, or attempt to do so, any valve or shutoff appurtenant to the mains through which City water flows, except for private hydrants without the direct supervision of the Utilities Department. Private hydrants are to be operated only for the use intended under special permit or as agreed by special contract with the City Utilities Department. In all except emergency cases, the Utilities Department shall be informed prior to each time the hydrant is to be used, and a log shall be kept of the duration of time during which water is flowing from the hydrant.
B. 
Except as stipulated above, no person other than employees of the Utility Department, the Fire Chiefs or members of the Fire Department shall manipulate, control or operate, or attempt to do so, any hydrant or plug deriving its supply of water from the City water system. In any event, only those trained in the operation of such fire hydrants or plugs will be permitted to manipulate the same.
A. 
No person other than employees of the Utilities Department shall make any connections, repairs, additions or alterations to the City water system except as defined in §§ 231-64 through 231-67.
B. 
The owners of all premises having connection with any water main through which City water flows must keep all the pipes and fixtures in connection therewith in good repair and protected against freezing.
The Public Health Law, § 100, with reference to the City of Saratoga, New York, Section 141.3 or Part 141, Subchapter A, Chapter III, Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York, is hereby incorporated into this article.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the City water system. Any person violating this provision shall be subject to the penalties set forth in the Penal Law.
Duly authorized employees of the City Utilities Department, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article.
All property owners, upon whose property any building has been or may hereafter be erected, having a connection with any mains or pipes which may be hereafter constructed and used in connection with the City water system, shall pay rates for each period of time as the Council shall enact by resolution.
Bills for water used shall be dated and sent out at such times as may be directed by the Commissioner of Public Works.
During the construction of any building and before any water is installed as is herein provided, the contractor so constructing such building may be permitted to use the City water supply by making application therefor and paying the flat fee prescribed by the Commissioner of Public Works.
The water supply may be shut off from any premises for which the water bill remains unpaid for a period of 10 days after the bill is rendered and mailed. When shut off, water shall not be turned on except upon the payment of the usual fee for turning on water.
Charges for water shall be a lien upon the premises as provided for in § C81 of the City Charter and also as provided by the statutes and laws of the State of New York. The Commissioner of Finance shall prepare a statement of all unpaid water and other related charges 30 days after the same have become due and payable. Failure, however, to prepare this statement as provided for herein shall not affect the right of the City to establish its lien for unpaid water bills and to foreclose the lien as provided in the City Charter and the statutes and laws of the State of New York. Furthermore, nothing herein shall prevent the City from proceeding against the user and/or owner of the property which benefited from the water use as a personal claim, and the City Attorney is hereby authorized and directed to institute any proceeding in the name of the City in any court of competent jurisdiction against any property and against any user of City water that said City Attorney deems necessary. The rates and charges herein established, in addition to being a lien upon the premises as provided for herein and in the City Charter, may be collected from the owners, occupants and users of the premises benefiting from the water charges and other related charges from and after the effective date of this article.
A. 
Any person violating any provision of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code.
B. 
At locations where there are continued or repeated violations of this article, a duly authorized agent of the Utilities Department will have the authority to discontinue the supply to the violator of water from City mains in accordance with the rules and regulations of the Utilities Department.
Any person violating any of the provisions of this article shall become liable to the City for the expense, loss or damage occasioned the City by reason of such violation.
The purpose of this article is to:
A. 
Protect the public potable water supply of the City of Saratoga Springs 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. 
Comply with the requirements of the New York State Sanitary Code Section 5-1.31.
A. 
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:
AIR-GAP SEPARATION
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 top rim of the vessel, and in no case less than one inch.
APPROVED CHECK VALVE
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 seat 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.
APPROVED DOUBLE CHECK-VALVE ASSEMBLY
An assembly of at least two independently acting approved check valves, including tightly closing shutoff valves on each side of the check-valve assembly and suitable test cocks plus connections available for testing the watertightness of each valve.
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE (RPZ)
A device incorporating two or more check valves and an automatically operated 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.
APPROVED WATER SUPPLY
Any water supply approved by, or under the public health supervision of, a public health agency of the State of New York, the County of Saratoga or the City of Saratoga Springs. 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.
AUXILIARY WATER SUPPLY
Any water supply on or available to the premises other than the City water supply.
BACKFLOW
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.
CITY
The City of Saratoga Springs.
CITY ENGINEER
The City Engineer for the City of Saratoga Springs
CITY WATER SUPPLY
An approved water supply sold and delivered to consumers' premises through the waterworks system of the City of Saratoga Springs.
CONSUMER
Any person to whom water is sold and furnished from the City of Saratoga Springs.
CONTAMINATION
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.
COUNTY HEALTH OFFICER
The Saratoga County Health Officer, his assistants or authorized deputies acting as, or any other person appointed as, Health Officer of the County of Saratoga.
CROSS-CONNECTION
Any unprotected connection between any part of the City waterworks system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.
DEPARTMENT OF PUBLIC WORKS
The Department of Public Works of the City of Saratoga Springs, New York
NONTOXIC SUBSTANCE
Any substance of a nonpoisonous nature that may create a moderate or minor hazard to the water supply system.
PERSON
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 Saratoga, any special purpose district and any officer or agent thereof.
PREMISES
Integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains of the City of Albany and where all parts of the premises are operated under the same management and for the same purpose.
PROTECTIVE DEVICE
Any of the following devices:
(1) 
Air-gap separation.
(2) 
Approved reduced-pressure-principle backflow prevention device.
(3) 
Approved double check-valve assembly.
(4) 
Approved single check-valve assembly.
SERVICE CONNECTION
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.
TOXIC SUBSTANCE
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.
B. 
"Shall" is mandatory; "may" is permissive.
The Department of Public Works 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 City Engineer 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 preventers shall be designed and installed in accordance with all regulations of Part 5, Section 1.31, of the New York State Sanitary Code, and must be approved by the City Engineer and the New York State Health Department prior to installation. 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 into the City water supply.
(1) 
If the auxiliary water supply is handled in a separate piping system with no known cross-connection, 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 City
Engineer 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 City Engineer 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 City Engineer 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 check-valve assembly.
E. 
Sewage 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 that this alternative is acceptable to both the City Engineer 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: check valve required by the National Fire Code.
(2) 
Class 2:
(a) 
Same as Class 1, except booster pumps may be installed in the connections from the street mains.
(b) 
Protection: the same as Class 1.
(3) 
Class 3:
(a) 
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.
(b) 
Protection: double check-valve assembly.
(4) 
Class 4:
(a) 
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.
(b) 
Protection: air gap or RPZ.
(5) 
Class 5:
(a) 
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.
(b) 
Protection: air gap or RPZ.
(6) 
Class 6:
(a) 
Combined industrial and fire-protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
(b) 
Protection: determined by the City Engineer upon review of engineering drawings of the system.
G. 
Lawn sprinkling systems. At the service connection to any permanently installed below-grade lawn sprinkling system, the City water supply shall be protected by an approved RPZ.
H. 
Others. Examples of other facilities requiring cross-connection control include, but are not limited to:
(1) 
Beverage bottling plants.
(2) 
Breweries.
(3) 
Food processing plants.
(4) 
Chemical plants and planting 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 in 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 interference 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 City Engineer 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 annually. If successive inspections disclose repeated failures in the operation of any device, the City Engineer 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 records forwarded to the City Engineer on an annual basis. The City Engineer 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 City Engineer shall have the right to inspect the device, and the consumer shall pay the cost thereof. The cost of any inspection made by the City Engineer shall be included as a part of the next ensuing municipal water bill presented to the consumer.
A. 
Delivery of water shall be discontinued immediately and without notice to the consumer if the City Engineer 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 on the consumer's premises causing the contamination or danger of contamination have been abated or corrected to the satisfaction of the City Engineer 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 City Engineer or County Health Officer determines that:
(1) 
A protective device required by this article has not been installed or is defective or has been removed or bypassed.
(2) 
The consumer cannot immediately be located.
(3) 
Records of inspection are not submitted in a timely manner.
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 and which shall not be less than 15 nor more than 90 days following the date of delivery of mailing of the notice. The City Engineer shall grant the consumer an extension of an additional period not to exceed 90 days if he determines 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 delivering the 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, the residence of the consumer. 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.
E. 
Once discontinued, delivery of water shall not be resumed until any protection device required by this article and approved by the City Engineer 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 City Engineer and the County Health Officer.
F. 
If a fine has been imposed, it shall be in the amount of $100 per day, and it shall accumulate daily until any protection device required by this article and approved by the City Engineer 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.
G. 
For the purpose of making any inspections or discharging the duties imposed by this article, the City Engineer and the 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 the County Health Officer for the purposes stated herein.
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 maintenance requirements under § 231-81, be excluded from the requirements of these rules so long as the City Engineer 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.
If any section, subsection, sentence, clause or phrase of this article is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article. The City Council of the City of Saratoga Spring declares that it would have passed this article and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases, be declared unconstitutional.
The City Clerk is hereby authorized and directed to cause copies of this article to be posted in three prominent places in the City and to cause publication once in the official newspaper of the City of a notice setting forth the date of adoption, the title of this article and a list of places where copies of this article are posted within 15 days after the adoption of this article.