[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1965 by Ord.
No. 148]
Upon the finding and determination by the Board of Trustees of the Village
of Briarcliff Manor of a state of emergency affecting the water supply, the
Board of Trustees may adopt rules and regulations governing and conserving
the use of water within the corporate limits of the Village of Briarcliff
Manor, New York.
Upon the adoption of such rules and regulations by the Board of Trustees,
such rules and regulations shall be published once in the official newspaper
of the Village of Briarcliff Manor and shall be posted in three conspicuous
public places within the Village of Briarcliff Manor. Such rules and regulations
shall become effective upon said publication and posting as aforesaid.
Such rules and regulations may be amended or changed by the Board of
Trustees, upon the publication and posting of such amendments or changes in
the manner aforesaid.
Any person violating any provision of this article, or any of the rules
and regulations adopted pursuant to this article, shall upon conviction be
punished by a fine of not more than $250.
[Adopted 11-18-1993 by L.L.
No. 2-1993]
The Board of Trustees of the Village of Briarcliff Manor, under the
authority granted by § 11-1116 of the Village Law, and acting as
a Board of Water Commissioners, hereby revises the Water Rules and Regulations
for the Briarcliff Manor Water District to incorporate certain past practices
and establish current billing procedures.
The following text shall be designated as the Water Rules and Regulations
of the Briarcliff Manor Water District.
The following rules and regulations shall be a part of the contract
between every owner of property furnished water service directly by the Village
and said Village hereinafter called respectively, the "consumer" and the "Village."
All persons now receiving, accepting and paying for water service from the
Village, or who may hereafter make application therefor, shall be considered
as having agreed to be bound by the rules and regulations as contained in
this article. The Village reserves the right to make such changes in these
rules and regulations as it may from time to time deem advisable. This article
supersedes Ordinance No. 109, adopted September 11, 1958, the Water Rules
and Regulations adopted on March 3, 1977, Local Law No. 6 of the Year 1992
and all previously adopted resolutions pertaining to the water system rules,
procedures and regulations.
Applications for water service, for the use of water or for any modification
or repair shall be made in writing at the Village offices, on forms provided
therefor, by the owner of the property or his agent duly authorized with Power
of Attorney. New owners of property which has been previously furnished with
water service by the Village shall have no right to the use of water until
an application has been made by such new owner, the application is approved
and accepted by the Water Department and outstanding bills for prior water
service, if any, together with costs or penalties, are paid. No person who
owes a bill to the Water Department for services or charges at one premises
shall be entitled to use of water at any other premises until such bill, including
penalties, is paid in full.
A.
Definition. A street service connection is defined as
the supply pipe with appurtenances extending from the water main in the street,
to and including the curb cock or gate valve located in the area between the
curbline or the edge of the traveled way. From the point of such curb cock
or gate valve the service line shall be considered the responsibility of the
consumer. The size of the street service connection is defined as the diameter
of the pipe between the tap in the main and the curb stop or gate valve.
C.
Size and material. The Water Department shall determine
the size of the street service connection, including its various component
parts. Street service connections shall be not less than one inch in size
and shall be of such larger size as determined by the Department to be required
by the potential demand and the elevation of the premises above Briarcliff
Manor supply elevation datum. The pipe for street service connections shall
be type "K" copper tubing.
D.
Installation of street service connections. Street service
connections will, in all cases, be installed by the Water Department. The
consumer shall provide the required street opening permit, the required trench
in which the Water Department will install the pipe, and all backfilling and
repaving incidental to the installation of the street service connection.
E.
Limitations on number of connections. Only one street
service connection will be allowed for each building or group of buildings
in a single property or holding, except that the Water Department may allow,
or may require, one or more additional street service connections and meters
if, in its judgment, unusual physical conditions or demand characteristics
warrant them. The consumer, in such cases, shall pay the additional charges
at the prevailing rates prescribed for the various sizes of street service
connections.
F.
Maintenance of street service connections:
(1)
The Water Department will, at its expense, maintain, repair or renew street service connections as defined in Subsection A, up to and including two inches in diameter, supplying water to premises located inside the corporate limits of the Village, except that, if the requirements for water on a particular premises have increased beyond those for which the connection was originally installed, the Village may require the installation of a complete, larger, street service connection at the expense of the consumer.
(2)
If a property owner desires to have his service connection
enlarged, replaced, or renewed, because of lack of pressure or for any other
reason, he shall first replace, at his expense, the portion of the service
connection between the curb stop cock and his meter with pipe of the required
size. If, in the judgment of Water Department officials, the situation has
not been adequately remedied, the Department will then replace the portion
of the service connection between the curb stop cock and the main.
G.
Abandoned service connection. If a consumer desires for
any reason to abandon a service connection which has been used to furnish
water service to any structure or fixture on his property, the corporation
tap to which it is connected shall be shut off at the main by the Water Department.
Any required excavation, and the cost of all work in connection therewith
shall be assumed by the consumer.
A consumer service line is defined at the supply pipe with appurtenances
extending from the curb stop cock to the inside of the wall of the building
or premises supplied.
A.
Materials. Consumer service lines shall be type "K" copper
tubing or cement-lined cast iron pipe, and shall be not less than one inch
in internal diameter.
B.
Size of consumer service lines. A consumer service line
shall not be smaller than either the street service connection from which
it extends or the rated size of the meter installed thereon but may be larger
than either. In no case shall such consumer service line be less than one
inch in diameter. The Water Department may require the consumer to install
a sufficiently large diameter line on his property so as to hold friction
losses to what, in view of the setback, demand, and elevation relative to
Briarcliff Manor datum, will not impair service.
C.
Separate trench required. All service lines shall be
laid in a separate trench on solid footing at least 18 inches laterally distant
from any other underground facility. The placing of water service lines in
the same trench as that occupied by sewer pipe, gas pipe, or other utility
lateral connections will not be permitted except by special written authorization
of the Water Department under extraordinary circumstances, including cases
where solid rock is encountered.
D.
Depth and route of service lines. All service lines shall
be laid as to be at all points at least four feet below the surface of the
ground and at least four feet laterally distant from any open excavation or
vault, and such conditions shall be maintained as long as such service line
is used. The service line shall be installed in a straight line from the main
in the street to the building and shall be at right angles to the main or
the front street line of the premises if the main is in an unusual location.
Where this layout is not feasible because of solid rock or other considerations
which the Water Department considers significant, permission may be granted
to lay the line according to some other form of generally accepted good practice.
If permission is granted to lay the line from the main to the building by
a route other than a straight line at right angles to the water main or front
street line, the owner shall furnish to the Water Department a plan certified
by a professional engineer or surveyor, showing the exact location of the
line as installed with dimensions to a sufficient number of fixed points so
that the line can be readily located at a future date.
E.
Consumer service replacement and alteration.
[Amended 11-16-2000 by L.L.
No. 5-2000]
(1)
The maintenance and renewal of all supply piping from
the outlet side of the curb stop cock is the responsibility of the property
owner. If the Water Department shall determine that a consumer service line
is in need of repair or that an entirely new line shall be constructed as
a result of leakage, corrosion or other cause, the consumer shall, upon notice
and order from the Water Department, make such repairs or installations as
are required. In the event of failure on the part of the consumer to initiate
the making of such repairs within three days after said notice has been given,
the water may be shut off until the requirements of the Water Department have
been complied with.
(2)
Requirements at and ahead of meter. No change in a consumer's
service line shall be made after the meter has been installed except by permission
and authorization of the Water Department. No lateral branch or fixture shall
be placed on the street side of the meter. A stop cock or valve shall be placed
in the service pipe near to and on the street side of the meter. A stop and
waste cock shall be set on the outlet side of the meter. The property owner
shall be responsible for the proper operation and or replacement of inoperable
stop valves for the removal and service of the water meter.
F.
Inspection of lines. The pipe from the curb stop cock
to the building shall be left exposed until the pressure is on the line and
it is inspected by the Water Department.
B.
Meters shall be set as nearly as possible to the point
of entry of the service connection pipe to the building, and shall be kept
unobstructed and easily accessible to Water Department employees at all times.
In circumstances where the customary location of a meter is in excess of 50
feet from the front of the property line of a premises, the Village may require
the meter to be set in a pit or box, provided by and at the expense of the
consumer, and located near the front property line of the premises.
C.
All meter pits must be inspected and approved prior to
issuance of certificate of occupancy.
D.
All meter pits must be maintained in such condition so
as to permit the reading of and service to the meter at any time. A pumping
charge, as indicated in the attached schedule, will be assessed if it becomes
necessary for the Village to clean the pit in order to gain access to the
meter.
E.
Permanent meter installations requiring a two-inch or
larger size meter shall be provided, at the consumer's expense, with a valved
bypass around the meter and a valved spur pipe on the building side of the
meter for test purposes. The design of such special meter settings shall be
submitted to the Water Department for approval before construction by the
consumer is undertaken.
F.
The Water Department will test meters to determine their
accuracy upon either customer request or demand from the Superintendent of
Public Works. The Village will replace defective parts or the entire water
meter for water meters with less than a 1.5 inch service connection, at its
expense, except where meters are damaged by frost, hot water or external causes.
Replacement of water meters with 1.5 inch and greater service connections
will be paid for by the consumer, less an allowance for a water meter with
a 1.0 inch service connection.
G.
Meter size. The Water Department shall determine the
proper size of meter to be installed and shall have the right to change the
meter at any time it is necessary in order to insure its proper operation.
H.
No tampering with meter. No person other than an employee
of the Water Department shall interfere with or remove any water meter, sealing
device, or coupling from any meter installation after it has been placed in
service by the Water Department.
I.
Damage to meters. Any meter damaged by frost, or by hot
water or steam backing into the meter, or by any external cause, shall be
repaired by the Water Department at the expense of the property owner and
the water service may be discontinued until such corrective action is taken
to prevent a recurrence of the incident which caused the damage. The charge
for such repairs shall be based on the cost of removing, repairing, testing
and replacing said meter, plus 15% for department overhead, transportation
and use of tools.
J.
Testing meters. Consumers, upon request, may have the
meters serving their premises tested by the Water Department in their presence
or that of a duly authorized representative. If the meter so tested shall
be found to register not more than 103% of the amount of water actually passing
through it, a charge as set forth by resolution of the Village Board of Trustees
in the Master Fee Schedule, which may be amended, shall be paid by the consumer
for testing a meter. If the consumer should prefer to have a certified test
by the manufacturer of the meter, the higher rate shown in the Schedule shall
apply.[2]
A.
Employees of the Water Department in the performance
of their duties shall be permitted to enter the premises of any consumer,
between the hours of 7:30 a.m. and 4:30 p.m., to remove, replace, repair,
or test the meter, to make a record of the quantity of water used, to inspect
the water system to assure that no illegal connections have been made.
B.
If the Water Department is unable to read a meter in
the normal course of the meter readers route, the charge will be estimated
on the basis of prior use in comparable periods, and the difference adjusted
when the meter is again read.
C.
If the meter is damaged or fails to operate, the bill
will be based on the average use during prior comparable periods unless there
is evidence that the use during prior comparable periods is not properly applicable.
No person shall do any plumbing work connected with the Village of Briarcliff
Manor water supply system unless he has been issued a license attesting to
his competency in such trade by the duly constituted authorities of the particular
community involved among the several within which the Village furnishes water
service.
B.
If a consumer desires to discontinue the use of water
for a temporary period, the Water Department shall be given at least 24 hours'
notice in writing for turning off the water and similar notice for turning
it on again. If the temporary discontinuance is during the winter months,
the Water Department, upon such notice and request, will shut off the service
at the curb cock and remove and place the water meter in its storeroom, and
will be reinstalled the same upon proper notice when required.
If a consumer desires to discontinue the use of water due to permanent
vacancy, the Water Department shall be given at least 24 hours' notice in
writing, accompanied by a fee as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule, which may be amended, whereupon it
will, at the time required, shut off the service and will read, remove and
place the meter in the Water Department storeroom, and will render a special
bill for the fractional period and any encumbrances thereon.
A.
Private fire protection.
(1)
A service connection for private fire protection purposes
may be secured from the Village upon application by the owner of the property
involved. A drawing showing the proposed location of all valves, pipes, hydrants,
sprinkler heads and other appurtenances to be installed shall be submitted
with the application. The Water Department will determine the necessity and
advisability of installing any fire service connection in view of the size
of the street main available, the existence of available fire hydrants and
the possible effect on the main pipe system if such a service line were broken
and open during a conflagration. Likewise the Water Department will determine
the proper size of each fire connection, which in no case shall be larger
than six inches in diameter.
(2)
The cost of installation of such a service, including
an approved type of check valve with meter on bypass located in a pit or vault,
if required, shall be borne entirely by the applicant.
(3)
A fire service connection, except as provided in this
section, will be subject to the same rules and regulations as apply to regular
service connections. No connection shall be made at any time between the fire
protection system and the regular water supply on the premises or any other
supply, regardless of source, unless specifically approved by the Water Department.
A fire service connection is exclusively for fire protection purposes. The
use of water from this service for any other purpose whatsoever is prohibited.
Any violation of these provisions shall be sufficient cause for discontinuing
such service until reasonable assurance is given that the offense will not
be repeated and for applying the penalties as set forth by resolution of the
Village Board of Trustees in the Master Fee Schedule, which may be amended.[1]
B.
Service connections to supply lawn sprinkler pipe systems
will be permitted and approved by the Water Department only where the use
of water for that purpose will not adversely affect regular service to neighboring
consumers at periods of peak demand. The size and arrangement of pumps, if
any, valves, check valves and other appurtenances shall meet the requirements
of the Water Department and shall be approved by the Westchester County Department
of Health.
C.
The use of water, through either a special or a consumer's
regular service connection, to supply an air-conditioning unit of the nonrecirculating
type of more than three tons rated capacity, installed after the date of the
adoption of this code is forbidden without the specific permission of the
Water Department and the Superintendent of Public Works.
No person owning or occupying premises receiving water service from
the Village shall make, or allow to be made, any connection or cross-connection,
either of a direct or of an indirect nature, between his piping system and
a water supply from any other source, or install, or allow to be installed,
any fixture or appliance, or waste or soil pipe from which water may flow,
be syphoned or be pumped into any piping connected to the Village water system.
A.
Construction. Where either hand excavation or excavating
machines are used by contractors or others in digging trenches for sewers,
drains, gas mains and conduits, or in connection with any other underground
excavation work, all water mains shall be maintained in position at the expense
of such persons or contractors. Contractors or others working in the public
street must ascertain from the Water Department the location of all water
service connection pipes. Where any portion of the system is removed, cut
or damaged in the construction or repair of a sewer, drain, gas main or conduit
or in connection with any other underground excavation work, such person or
contractor must, at his own expense, cause them to be replaced or repaired
promptly and he must, at once, notify the Water Department of the interruption
of service and must reimburse the Department for any expense incurred by the
Department in providing temporary service and in restoring regular service.
B.
Cross-connections controls:
(1)
Purpose. The purpose of regulating cross-connections
is to safeguard potable water supplies by preventing backflow into the District's
water supply. It is the intent of these regulations to recognize that there
are varying degrees of hazard and to apply the principle that the degree of
protection should be commensurate with the degree of hazard.
(2)
AESTHETICALLY OBJECTIONABLE FACILITY
AIR-GAP SEPARATION
APPLICANT
APPROVED CHECK VALVE
APPROVED DOUBLE CHECK VALVE ASSEMBLY
APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE
APPROVED WATER SUPPLY
AUXILIARY SUPPLY
BAROMETRIC LOOP
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
CROSS-CONNECTION
CUSTOMER
DATE OF PRESENTATION
DOMESTIC SERVICE
FIRE PROTECTION SERVICE
HAZARDOUS FACILITY
MAIN EXTENSION
MAINS
METER RATE SERVICE
MUNICIPAL OR PUBLIC USE
NONHAZARDOUS FACILITY
PREMISES
SERVICE AREA
SERVICE CONNECTION
TEMPORARY SERVICE
TRAFFIC SCHEDULE
VACUUM BREAKER - NONPRESSURE TYPE
VACUUM BREAKER - PRESSURE TYPE
WATER SUPERVISOR
Definition of terms:
One in which substances are present, which if introduced into the
public water supply system could be a nuisance to other water customers, but
would not adversely affect human health. A typical example of such substances
is stagnant water from fire lines in which no chemical additives are used.
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, but in no case less than one inch.
The owner of the property or agent applying for water service.
A check valve that seats readily and completely. It must be carefully
machined to have free-moving parts and assured water tightness. The face of
the closure element and valve seat must be bronze composition, or other noncorrodible
material which will seat tightly under all prevailing condition of field use.
Pins and bushings shall be of bronze or other noncorrodible, nonsticking material,
machined for easy, dependable operation. The closure element, i.e., 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 independently acting check valves, including
tightly closing shutoff valves on each side of the check valve assembly and
suitable leak-detector drains plus connections available for testing the water
tightness of each check valve. This device must be approved as a complete
assembly by the New York State Department of Health.
A device incorporating two or more check valves and an automatically
operating 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.
Any water supply approved by the New York State Department of Health.
Any water supply on or available to the premises other than the approved
public supply.
A loop of pipe rising approximately 35 feet, at it's topmost point,
above the highest fixture it supplies.
A person who is certified by the New York State Department of Health
for the testing of backflow prevention devices. He shall be provided with
an appropriate identification card. Failure to perform his duties competently
and conscientiously will result in prompt withdrawal of this certification.
As used in these regulations means any unprotected connection between
any part of a water 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 equally safe, wholesome, and potable for human consumption.
The owner or agent on record receiving water services from the Water
District.
The date upon which a bill or notice is mailed or delivered personally
to a customer.
Provision of water for household residential purposes, including
water for sprinkling lawns, gardens and shrubbery, water livestock, washing
vehicles and other similar and customary purposes.
Provision of water in measured quantities.
One in which substances may be present which if introduced into the
public water system would or may endanger or have an adverse effect on the
health of other water customers. Typical example: laboratories, sewage treatment
plants, chemical plants, hospitals and mortuaries.
Extension of distribution pipelines, exclusive of service connections
beyond existing facilities.
Distribution pipelines located in streets, highways or public ways
which are used to serve the general public.
Provision of water in measured quantities.
Provision of water to a municipality or other public body.
One which does not require the installation of an acceptable backflow
prevention device.
The integral property or area, including improvements thereon, to
which water service is or will be provided.
That area in which service is or will be furnished, consisting of
the Briarcliff Manor Water District.
The pipe, valves and other facilities by means of which water is
conducted from distribution mains to the curb stop or shutoff valve at the
property line.
A service for circuses, bazaars, fairs, construction work, irrigation
of vacant property and similar uses and because of their nature, consumption
or use will not be regular or permanent.
The entire body of effective rates, rentals, charges and regulation.
A vacuum breaker which is designed so as not to be subjected to static
line pressure.
A vacuum breaker designed to operate under conditions of static line
pressure.
The consumer or person on the premises charged with the responsibility
of complete knowledge and understanding of the water supply piping within
the premises and for maintaining the consumer's water system free from cross-connections
and other sanitary defects, as required by regulations and laws.
(3)
Protection of public water system at service connection:
(a)
Where protection is required:
[1]
No service connection from a public water system for
supplying water shall be made to premises having auxiliary water supply unless
the auxiliary water supply is approved as an additional source by the Westchester
County Department of Health Office having jurisdiction with regard to quality
and safety.
[2]
Each service connection to the public water
system for supplying water to premises, on which any substance is handled
under pressure in such fashion as to permit entry into the water system, shall
be protected against backflow of the water from the premises into the public
system. This shall include the handling of process waters and waters originating
from the public water supply system which may have been subject to deterioration
in sanitary or chemical quality.
[3]
Each service connection to the public water system for
supplying water to premises on which a substance of hazardous nature is handled
in a liquid form, even though it is not under pressure, shall be protected
against backflow of the water from the premises to the public water system.
Examples include but are not limited to: wastewater treatment plants, industrial/manufacturing
plants, printing plants, clinics, laboratories, veterinary offices, mortuaries,
physician's, dentist's, chiropractor's offices, photo processing labs, car
washes, laundries, dry cleaners, commercial greenhouses, tree services, boiler
systems (with caustics), fire fighting systems (with chemical additives),
public swimming pools and other facilities as may be listed on the official
Briarcliff Manor Water Department Priority List, as amended. This is not intended
to apply to normal household installations. It is recognized by the Water
District that a physician's, dentist's or veterinarian's office may not have
equipment connected to the public water supply which could cause contamination.
Therefore, the regulations provide that a doctor, dentist or veterinarian
may submit a notarized statement indicating the absence of medical and laboratory
equipment connected to the public water supply within their office. The statement
must include the following acceptance of liability:
|
I assume full responsibility for any contamination or damage to the
public water supply which equipment utilized in my office may cause. In addition,
I assume full personal responsibility for all claims made against the water
district as a result of damage or contamination to the public water supply
caused by equipment utilized in my office.
|
[4]
Each service connection to the public water system for
supplying water to premises on which a substance of aesthetically objectionable
nature is handled in a liquid form, even though it is not under pressure,
shall be protected against the backflow of the water from the premises but
are not limited to, fire protection systems stations, beauty salons, supermarkets,
churches/synagogues, nursing homes, multi-dwelling apartment buildings and
other facilities as may be listed on an official Briarcliff Manor Water Department
Priority List, as amended.
[5]
It shall be the responsibility of the water user to provide
and maintain these protective devices, and each one must be designed by a
professional engineer hired by the customer and be of a type acceptable to
the State Health Department and Westchester County Department of Health Officer.
The drawings must be stamped and signed by a professional engineer and shall
be submitted to both the Public Works Superintendent's office and the local
health department.
(b)
Type of protection. The protective device required shall
depend on the degree of hazard as tabulated below:
[1]
At the service connection to any premises where 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.
[2]
At the service connection on any premises where there
is an auxiliary water supply that is not an approved water supply, the public
water supply system shall be protected by an air-gap separation or an approved
reduced pressure principle backflow prevention device.
[3]
At the service connection to any premises on which a
substance that would be aesthetically objectionable (but not necessarily hazardous
to health if introduced into the public water supply) is handled the public
water supply shall be protected by an approved double check valve assembly.
[4]
At time service connection to any premises on which a
substance which is hazardous in nature is or may be handled, but not under
pressure, the public water supply shall be protected by a reduced pressure
principle backflow prevention device.
[5]
At the service connection to any premises on which any
material dangerous to health, or toxic substance in toxic concentration, is
or may be handled under pressure, the public water supply shall be protected
by an approved reduced pressure principle backflow prevention device.
(c)
Location of backflow prevention devices:
[1]
The installation of a double check valve assembly or
reduced pressure zone backflow prevention device shall be as close as practicable
to the water meter, allowing for enough room to remove and/or service both
the water meter and the backflow prevention device.
[2]
Clearance distances between a double check valve assembly
or a reduced pressure zone backflow prevention device and the floor and walls
shall be in accordance with current requirements of the Westchester County
Health Department and the New York State Department of Health. Examples of
typical installations are illustrated in Cross-Connection Control, published
by the New York State Department of Health.
(d)
Frequency of inspection of protective devices.
[1]
It shall be the duty of the water user on any premises
on account of which backflow protective devices are installed, to have competent
inspections made at least once a year, or more often in those instances where
successive inspections indicate repeated failure. These devices shall be repaired,
overhauled or replaced at the expense of the water user whenever they are
found to be defective. These tests shall be performed by a qualified backflow
prevention device tester, and all test results will be provided to the Village
of Briarcliff Manor Water Department within 72 hours after the test is made.
[2]
Records of such tests, repairs and overhaul shall also
be kept and made available to the local health department upon request.
(4)
Protection of potable water system within premises.
(a)
Separate drinking water systems. Whenever the Briarcliff
Manor Superintendent determines that it is not practical 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 customers.
(b)
Fire systems.
[1]
Water systems for fighting fire, derived from a supply
that cannot be approved as safe or potable for human use shall, whenever practicable,
be kept wholly separate from drinking water pipelines and equipment. In cases
where the domestic water system is used for both drinking and fire-fighting
purposes, approved backflow prevention devices shall be installed to protect
such individual drinking water lines as are not used for fire-fighting purposes.
Any auxiliary fire-fighting 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 automatic
chlorination machine. It is hereby declared that it is the responsibility
of the person or persons causing the introduction of said unapproved or unsafe
water into the pipelines to see:
[a]
That a procedure be developed and carried out to notify
and protect users of this piping system during the emergency.
[b]
That special precautions shall be taken to disinfect
thoroughly and flush out all pipelines which may become contaminated before
they are again used to furnish drinking water. In the event the means of protection
of water consumers is by disinfection of the auxiliary fire-fighting supply,
the installation and its use shall be thoroughly reliable and approved by
the Westchester County Health Department.
[2]
The public water supply must be protected against backflow
from such dual domestic fire systems.
(c)
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 device shall be provided on the feed line to process
piping or equipment. In the event the particular process liquid is especially
corrosive or apt to prevent reliable action of the backflow prevention device,
air-gap separation shall be provided. These 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 device shall be repaired, overhauled
or replaced whenever they are found to be defective. These tests must be performed
by a certified backflow prevention device tester and records of tests, repair,
and replacement shall be kept and made available to the Briarcliff Manor Water
Department and the Health Department upon request.
(d)
Sewage treatment plants and pumping stations. Sewage
pumps shall not have priming connections directly off 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.
(e)
Plumbing connections.
[1]
Where the circumstances are such that there is special
danger to health by the backflow of sewage, as from sewers, toilets, hospital
bedpans and the like, into a drinking water system, a dependable device or
devices shall be installed to prevent such backflow. The type of device shall
be determined by the customer's engineer and approved by the Health Department.
[2]
The purpose of these regulation is not to transcend local
plumbing regulations, but only to deal with those extraordinary situations
where sewage may be forced to drawn into the drinking water piping. These
regulations do not attempt to eliminate at this time the hazards of back-siphonage
through flushometer valves on all toilets, but deal with those situations
where the likelihood of vacuum conditions in the drinking system is definite
and there is special danger to health. Devices suited to the purpose of avoiding
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 breaker and other backflow protective devices which
have been proved by appropriate tests to be dependable for destroying the
vacuum.
[3]
Inasmuch as many serious hazards of this kind are due
to water supply piping which is too small, thereby causing vacuum conditions
when fixtures are flushed or water is drawn from the system in other ways,
it is recommended that water supply piping that is too small be enlarged whenever
possible.
(f)
Marking safe and unsafe water lines. Where the premises
contain dual or multiple water systems and piping, the exposed portion 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 the 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 the fact.
(g)
Water Supervisor.
[1]
The Water Department shall be kept informed of the identity
of the person responsible for 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. This water supervisor
shall be responsible for the installation and use of pipelines and equipment
and for the avoidance of cross-connections.
[2]
In the event of contamination or pollution of the drinking
water system due to a cross-connection on the premises, the Water Department
shall be promptly advised by the person responsible for the water system so
that appropriate measures may be taken to overcome the contamination.
A.
The Water Department will operate, maintain and, where
necessary, replace all existing mains and appurtenances, fire hydrants and
other facilities within the territory of any street or any easement that is
under the jurisdiction of the Village, except that repair of damage to hydrants
and other facilities, resulting from the collision or any other external cause,
shall be paid for by the person causing damage.
B.
New mains and appurtenances will be furnished and installed
by the owner or developer of the premises to be served at his own expense,
and as approved by the Water Department.
A.
No unauthorized person shall open or close any valve,
hydrant or curb cock, meter or other fixture or appurtenance connected with
the water system of the Village. The Water Department shall control all mains,
taps, gate valves, street service connections, curb stop cocks, curb and gate
valve boxes, and meters and may, whenever such facilities are operated or
interfered with in any manner which is in violation of these rules and regulations,
discontinue the water service to the premises involved, which action shall
be in addition to the penalties as set forth by resolution of the Village
Board of Trustees in the Master Fee Schedule, which may be amended.[1]
B.
No person shall, except with a permit from the Water
Department, allow contractors, masons, or other unauthorized persons to take
water from his premises by operating any valve connected with the distribution
system.
A.
Fire hydrants are, except under special circumstances
and with permission of the Water Department, for the sole use of the Fire
Department of the Village of Briarcliff Manor or of any community in which
the Village furnishes fire protection service. Tampering with any fire hydrants
or the unauthorized use of water therefrom is a violation of this article.
B.
In cases where no other supply is available, permission
may be granted by the Water Department for temporary metered use of a hydrant.
Permits for the use of hydrants for filling sprinklers, sweeper, sprayers,
and other equipment apply only to such hydrants as are designated for such
use. Such permit shall be granted upon the payment of a deposit as set forth
by resolution of the Village Board of Trustees in the Master Fee Schedule,
which may be amended, against damages to the hydrant and for the water consumed,
plus an amount equal to the prevailing fee established by resolution of the
Board of Trustees in the Master Fee Schedule, which may be amended, for the
size of the water meter used. Such deposit shall be in the form of cash or
certified check. Such deposit shall be refundable upon the satisfactory liquidation
of any charges for repairs or services and for any water consumed which result
from use of the hydrant. The Village reserves the right to apply any such
charges to the deposit before making a refund.[1]
C.
If a property owner or other party desires a change in
the location of a fire hydrant, he shall bear all costs of such change. Any
change in location of a fire hydrant must be approved by the Village Engineer.
Any such change shall be coordinated with the Fire Department.
D.
The Village of Briarcliff Manor, New York, shall charge
and collect for each fire hydrant situated upon private property within the
corporate limits of said Village, an annual rental charge as set forth by
resolution of the Village Board of Trustees in the Master Fee Schedule, which
may be amended, shall be payable in advance. Charges for fire hydrants situated
outside the corporate limits of said Village shall be paid upon contractual
basis. In the absence of any such written contract, there shall be no liability
upon the part of the Village with respect to such fire hydrant.[2]
The Village makes no guarantee as to amount or consistency of pressure
or volume of the water it furnishes and will not under any circumstances be
responsible for any loss or damage from any excess, deficiency or variation
in the pressure, volume or supply of water or for loss or damage caused by
water escaping from, or obstruction in, a service line, due to frost or any
other cause or for any loss or damage as a result of water escaping from laterals,
fixtures, appliances, or pipes owned by consumers. The Water Department shall
have the right to shut off the water in the mains temporarily to make repairs,
alterations, or additions to the plant or system, but the Village will not
be responsible for damages resulting directly or indirectly from any interruption
of the water supply.
When it becomes necessary to shut off the water from any section of
the water system, the Water Department will endeavor to give notice to as
many of the consumers affected thereby as time will permit and will, so far
as practicable, use its best efforts to prevent inconvenience and damage;
but failure to give such notice shall not make the Village responsible or
liable for any damages that may result either directly or indirectly from
the shutting off of the water.
In cases where boilers or other appliances in a premises depend upon
the pressure in the service line to keep them supplied with water, the owner
or occupant shall place suitable safety devices as approved by the Building
Inspector to guard against the possibility of collapse or explosion when the
water supply is interrupted. Likewise such owner or occupant shall protect
water-cooled compressors for refrigeration systems by means of high-pressure
safety cutout devices and shall provide means for the prevention of the transmission
of water hammer or noise of operation of any valve or appliance through his
piping to any adjacent premises. Failure of the owner or occupant to provide
such safety devices shall in no manner make the Village responsible for any
resulting damage.
The Village shall have the right to curtail the amount of water supplied
in the event that its supply becomes limited. The Water Department, in case
of a shortage of water, may limit or prohibit the use of water for sprinkling
of lawns or gardens or for any purpose not deemed necessary for the maintenance
and protection of public health. Where water is wastefully or negligently
used on a consumer's premises seriously affecting the general service, the
Water Department may discontinue the service to such premises if conditions
are not corrected within 24 hours after giving the consumer written notice,
or, if an emergency exists, it may discontinue service at once without notice.
The Village will use reasonable care to furnish good, wholesome water,
but in the instance of water furnished by the Village which is taken from
the water system of the City of New York, or of any other municipality or
any water company whose supply is under the supervision of the State Board
of Health of the State of New York, the Village shall not be liable for damages
due to the quality thereof, unless it shall have official notice of deficiencies
therein and shall fail within a reasonable time to correct the same or to
publish in an official Village newspaper a warning against the use thereof
for domestic purposes. The Village shall not be liable for inconvenience or
damage resulting from water of high color or carrying suspended matter.
A.
Water rents shall become due and payable to said Village
quarterly in each year, by the owner of real property served by such water
system or water mains.
[Amended 1-8-2004 by L.L. No. 1-2004]
B.
In the event that any water rents shall remain unpaid at the close of business on the first business day of the month following the date at which the balance became due and payable pursuant to Subsection A hereto, there shall be added to such unpaid water rent the sum of 10% on delinquent balances per quarter ending.
[Amended 1-88-2004 by L.L. No. 1-2004]
C.
Whenever a water rent or penalty, or any other charge
or payment due with respect to water service remains unpaid for more than
60 days after the same is due and payable, the water supply to the premises
with respect to which such rent or charge is owed, may be terminated by the
Village, provided that not less than 10 days prior to such termination of
water supply, a written notice of the intent to terminate such service is
served, either (a) personally upon the owner as shown upon the last assessment
roll of the Village, or (b) upon any adult occupant of the premises, or (c)
mailed to such owner at his last known address, as shown upon said assessment
roll. Such notice shall state the day on or after which the water supply will
be terminated, and shall state the amounts of water rents, penalties and other
charges, if any, due and payable, payment of which is required to avoid such
termination.
D.
In the event that any water rents shall remain unpaid at the close of business 120 days after which the balance became due and payable pursuant to Subsection A hereto, there shall be added to such unpaid water rent the sum of 15% on the delinquent balances per quarter ending. No payments shall thereafter be accepted for any unpaid water rents, penalties or charges, unless the delinquent fee set forth herein be included with such payment. In the event of termination of water service because of nonpayment, all arrears of any kind must be paid before the water will again be turned on.
[Amended 1-16-2003 by L.L. No. 1-2003; 1-8-2004
by L.L. No. 1-2004]
E.
The charges and rates for water service shall be adopted
by resolution of the Board of Trustees and set forth in the Master Fee Schedule,
which may be amended.
[Amended 1-16-2003 by L.L. No. 1-2003]
F.
All water supplied shall be charged for on the basis
of the amount registered on the meters installed on the consumer's premises
plus a basic service fee as set forth by resolution of the Village Board of
Trustees in the Master Fee Schedule, which may be amended. Where two meters
supply the same premises and the same consumer, the consumer, in addition
to the fixed charges for all meters, shall be billed at the schedule of rates
for water equal to the readings of each meter on the premises. Water rents
for newly installed meters will commence immediately upon the sale of any
meter.
[Amended 1-16-2003 by L.L. No. 1-2003]
G.
Construction site use:
(1)
If metered water is inaccessible, as determined by the
Water Department, a charge as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule, which may be amended, payable in advance,
shall be made for temporary water service at construction sites.
[Amended 1-16-2003 by L.L. No. 1-2003]
(2)
If a temporary service line can be metered, a deposit
shall be made on the cost of such meter, and charges will be billed as indicated
by meter readings.
A.
No water service connection to any premises shall be
installed or maintained by the Water Department unless the water supply is
protected as required by state regulations and this rule.
B.
Service of water to any premises may be discontinued
by the Department if a backflow preventative device, required by this rule
and regulation, is not installed, tested, and maintained; if any defect is
found in an installed backflow preventive device, it is found that a backflow
preventive device has been removed or bypassed or if unprotected cross-connections
exist on the premises, services will not be restored until such conditions
or defects are corrected.
C.
The Public Works Superintendent and/or his designated
representative shall notify the owner, or authorized agent of the owner, of
the building or premises in which there is found a violation of these regulations,
of such violation. The Public Works Superintendent shall set a reasonable
time for the owner to have the violation corrected. Upon failure of the owner
to have the defect corrected by the end of the specified time interval the
Public Works Superintendent may, if in his judgment an imminent health hazard
exists, cause the water service to the building or the premises to be terminated,
and/or recommend such additional fines or penalties to be invoked as herein
may be provided.
The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems in the building or premises, who knowingly permits a violation to remain uncorrected after the expiration of time set by the Public Works Superintendent shall, upon conviction there of by the court, be required to pay a fine not in excess of $500 for each violation. Each day of failure to comply with the requirements of these regulations, after the specified time provided under § 214-28C shall constitute a separate violation.
The Water Department, with the approval of the Village Manager, shall
determine the charges and rates in special cases to cover unusual conditions
or types of service not contemplated in these rules and regulations or in
the rates and charges set by the Board of Trustees for regular service. No
consumer will be allowed to supply water for any commercial purpose, and no
owner or occupant shall use water from another premises, unless specific permission
has been obtained in each case from the Water Department. The Department has
the right to require, during a temporary period of emergency, that a consumer
allow it to connect an adjacent premises to such consumer's piping, but in
such case allowance will be made for any excess water registered on his meter.
[Amended 1-4-1996 by L.L.
No. 1-1996; 1-16-2003 by L.L. No. 1-2003]
The charges shall be as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule, which may be amended, and such charges
shall include charges for street service connections, water meters, testing
meters, water rents and Water Department service charges. The charges and
rates may be different for water service inside the Village and for water
service for outside the Village.
Ordinance No. 109, Water Rules and Regulations (adopted by Board Resolution
on March 13, 1977) and Local Law No. 6-1992 are hereby repealed.
