The purpose of this article is to:
A.
Protect the public potable water supply of the City
of Albany 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.
[Amended 5-1-1989 by L.L. No. 4-1989]
A.
AIR-GAP SEPARATION
APPROVED CHECK VALVE
APPROVED DOUBLE CHECK-VALVE ASSEMBLY
APPROVED REDUCED-PRESSURE-PRINCIPLE BACKFLOW PREVENTION DEVICE
(RPZ)
APPROVED WATER SUPPLY
AUXILIARY WATER SUPPLY
BACKFLOW
CITY
CITY WATER SUPPLY
COMMISSIONER
CONSUMER
CONTAMINATION
COUNTY HEALTH OFFICER
CROSS-CONNECTION
NONTOXIC SUBSTANCE
PERSON
PREMISES
PROTECTIVE DEVICE
SERVICE CONNECTION
TOXIC SUBSTANCE
WATER BOARD
For the purpose of this article, unless it is plainly
evident from the context that a different meaning is intended, certain
terms used herein are defined as follows:
A physical break between a supply pipe and a receiving vessel.
The air gap shall be at least double the diameter of the supply pipe,
measured vertically above the top rim of the vessel, and in no case
less than one (1) inch.
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.
An assembly of at least two (2) 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.
A device incorporating two (2) or more check valves and an
automatically operated differential relief valve located between the
two (2) checks, two (2) shutoff valves and equipped with necessary
appurtenances for testing. The device shall operate to maintain the
pressure in the zone between the two (2) 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 (2) 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.
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 Albany or the City of Albany. In determining what constitutes
an "approved water supply," the Department of Public Health of the
State of New York (herein called "State Health Department") shall
have the final judgment as to its safety and potability.
Any water supply on or available to the premises other than
the City water supply.
A flow condition induced by a differential in pressure that
causes the flow of water or other liquids and/or gases into the distribution
pipes of a public water supply from any source other than its intended
source.
The City of Albany.
An approved water supply sold and delivered to consumers'
premises through the waterworks system of the City of Albany.
The Commissioner of Water of the City of Albany, or his authorized
representatives.
Any person to whom water is sold and furnished from the City
of Albany.
An impairment of the quality of the City water supply by
the presence of any foreign substance (organic, inorganic, radiological
or biological) to a degree which creates a hazard to the public health.
The Albany County Health Officer, his assistants or authorized
deputies acting as, or any other person appointed as, Health Officer
of the County of Albany.
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.
Any substance of a nonpoisonous nature that may create a
moderate or minor hazard to the water supply system.
Any natural person, firm, association, organization, partnership,
trust or association of persons, joint venture, corporation or company,
and includes the United States, the State of New York, the County
of Albany, any special purpose district and any officer or agent thereof.
Integrated land area, including improvements thereon, undivided
by public thoroughfares or water distribution mains of the City of
Albany and where all parts of the premises are operated under the
same management and for the same purpose.
Any of the following devices:
The terminal end of a service connection from the City water
supply at its point of delivery to the consumer. If a meter is installed,
"service connection" means the downstream end of the meter. No unprotected
takeoffs from the service line ahead of any meter or backflow protective
device located at the point of delivery to the consumer shall be permitted.
Any substance (liquid, solid or gaseous), including raw sewage
and lethal substances, that when introduced into the water supply
system creates or may create a danger to the health and well-being
of the consumer.
The Albany Water Board.
B.
"Shall" is mandatory; "may" is permissive.
[Added 5-1-1989 by L.L. No. 4-1989]
The Waterworks may at any reasonable time inspect
any facility in order to determine if a hazard exists due to an actual
or potential cross-connection between the water system and any potential
source of contamination. In any case where the Commissioner deems
such hazard to exist, he may require the property owner to install
an approved backflow prevention device in every water service line
to the facility for which a potential hazard exists. Such devices
shall be installed at or as near the service connection as may be
required by the Commissioner. Such backflow 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 Commissioner and the New York State Health Department prior to
installation. All costs of installation and maintenance shall be borne
by the property owner.
[Amended 5-1-1989 by L.L. No. 4-1989]
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 Commissioner may order the City water
supply protected by an air-gap separation or an approved RPZ installed
at the service connection.
(2)
If the auxiliary water supply is handled in a separate
piping system and cross-connections are known to exist between the
City water supply and the auxiliary water supply which cannot presently
be eliminated, the City water supply shall be protected by an approved
RPZ installed at the service connection to the premises. When the
auxiliary water supply may be contaminated, the Commissioner may order
the City water supply protected by an air-gap separation installed
at the service connection.
B.
Toxic or hazardous substances under pressure. At the
service connection to any premises on which any material dangerous
to health or toxic substance in toxic concentration is or may be handled
under pressure, the City water supply shall be protected by an air-gap
separation. The air-gap shall be located as close as practicable to
the water meter, and all piping between the water meter and receiving
tank shall be entirely visible. If these conditions cannot reasonably
be met, the City water supply shall be protected with an approved
RPZ which is acceptable to both the Commissioner and the County Health
Officer.
C.
Toxic or hazardous substances not under pressure.
At the service connection to any premises on which any material dangerous
to health or toxic substance in toxic concentration is not handled
under pressure but is otherwise handled in such a manner as to constitute
a cross-connection, the City water supply shall be protected by an
approved RPZ unless such cross-connection is abated to the satisfaction
of the Commissioner and approved by the County Health Officer.
D.
Nonhazardous substances. At the service connection
to any premises on which a substance that would be objectionable (but
not necessarily hazardous to health) if introduced into the City water
supply is handled in such a manner as to constitute a cross-connection,
the City water supply shall be protected by an approved 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 Commissioner
and the County Health Officer. A final decision in this matter shall
be made by the State Health Department.
F.
Fire systems. At the service connection to any premises
in which a fire-protection system is installed, the City water supply
shall be protected based on the water source and arrangement of supplies
in accordance with the following classifications:
(1)
Class 1:
(a)
Direct connection from public water mains only;
no pumps, tanks or reservoirs; no physical connections from auxiliary
water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells or other safe
outlets.
(b)
Protection: check valve required by the National
Fire Code.
(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.
G.
Pier and dock hydrant. At the service connection to
any pier or dock hydrant used for supplying vessels at piers or waterfronts,
the City water supply shall be protected by an approved reduced-pressure-principle
backflow prevention device.
H.
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.
I.
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 (2) or more conditions exist
on any premises for the correction of which different protective devices
are required in this article, the consumer shall be required only
to install the protective device which, in the opinion of the Commissioner
and County Health Officer, affords the maximum protection to the City
water supply.
The consumer on whose premises any protective
device is installed shall have each such device inspected annually.
If successive inspections disclose repeated failures in the operation
of any device, the Commissioner may require more frequent inspections.
Each device shall be repaired, overhauled or replaced at the expense
of the consumer whenever it is found to be defective. Records of such
tests, repairs and overhauls shall be kept and a copy of such records
forwarded to the Commissioner on an annual basis. The Commissioner
shall have the duty of determining that the inspections required herein
are performed properly. If following demand therefor the consumer
fails to have any of the inspections made as required herein or to
make the above-described records available, the Commissioner shall
have the right to inspect the device, and the consumer shall pay the
cost thereof. The cost of any inspection made by the Commissioner
shall be included as a part of the next ensuing municipal water bill
presented to the consumer.
[Amended 5-1-1989 by L.L. No. 4-1989]
A.
Delivery of water shall be discontinued immediately
and without notice to the consumer if the Commissioner or County Health
Officer determines that the City water supply is being contaminated
or is in immediate danger of contamination. Delivery of water shall
not be resumed until any protective device required by this article
and approved by the Commissioner has been properly installed or until
conditions on the consumer's premises causing the contamination or
danger of contamination have been abated or corrected to the satisfaction
of the Commissioner and County Health Officer.
B.
No water service connection shall be installed on
the premises of any consumer unless the City water supply is protected
as required by this article.
C.
Delivery of water to the premises of any consumer
may be discontinued or a fine may be imposed on the consumer if the
Commissioner or County Health Officer determines that:
D.
Delivery of water shall not be discontinued or a fine
imposed until written notice thereof has been given to the consumer.
(1)
The notice shall state:
(a)
The conditions or defects which must be corrected;
(b)
The manner in which the stated conditions or
defects are to be corrected; and
(c)
The date on or after which delivery of water
shall be discontinued or a fine imposed and which shall not be less
than fifteen (15) nor more than ninety (90) days following the date
of delivery of mailing of the notice. The Commissioner shall grant
the consumer an extension of an additional period not to exceed ninety
(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 Commissioner has been properly installed or until the conditions
at the consumer's premises creating the need for a protective device
have been abated or corrected to the satisfaction of the Commissioner
and the County Health Officer.
F.
If a fine has been imposed, it shall be in the amount
of one hundred dollars ($100.) per day, and it shall accumulate daily
until any protection device required by this article and approved
by the Commissioner has been properly installed or until the conditions
at the consumer's premises creating the need for a protective device
have been abated or corrected to the satisfaction of the Commissioner
and the County Health Officer.
G.
For the purpose of making any inspections or discharging
the duties imposed by this article, the Commissioner 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 § 371-75, be excluded from the requirements of these rules so long as the Commissioner is assured that they will satisfactorily protect the City's water supply. Whenever the existing device is moved from the present location or requires more than minimum maintenance which constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this article.
[Added 5-1-1989 by L.L. No. 5-1989]
The Water Board is authorized to enter into
restrictive covenant agreements with various commercial, industrial
and residential facilities regarding the installation of backflow
prevention devices on their real property. These agreements shall
allow backflow prevention devices to be installed in the main building
with a meter at the property line as long as there are no taps between
the meter and the main building, while requiring that if a tap is
installed between the meter and the main building, then backflow prevention
devices must be removed to the property line. These agreements shall
be binding on all successors to the property and may be dischargeable
by the Water Board whenever such backflow prevention devices are no
longer required by law or ordinance for said property. The agreements
shall contain such additional terms and conditions as the Water Board
deems to be appropriate.
This article shall be in full force and effect
thirty (30) days after its adoption.
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 Common Council of the City of Albany declares that it would have
passed this article and every section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one (1) 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 (3) 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 fifteen (15) days after the adoption of this article.