[HISTORY: Adopted by the Common Council of the City of Lockport 10-30-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Waterworks — See Charter, §§ C-190 through C-218.
Building construction administration — See Ch. 66.
Sewers — Ch. 150.
Plumbing rules and regulations — See Ch. A192.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT
The Department of Water of the City.
DIRECTOR
The Director of Utilities.
[Amended 7-19-1995]
B. 
The Director of the Department shall have the authority to determine any question which is not fully covered by any of the provisions contained in this chapter, and his decision in such cases shall be final unless reversed by action of the City of Lockport Common Council.
[Amended 7-19-1995]
C. 
The Director shall, subject to the approval of the Common Council, establish rules governing and directing the conduct of the employees in the Department.
[Amended 7-19-1995]
D. 
Plumbing Inspector. Refer to Lockport Code § A192-2, Article 1, Secs. 4 and 5; § 66-18; and Common Council Resolution 2-19-1968.
E. 
Building Inspector: Common Council Resolution 2-19-1968.
F. 
The City of Lockport does hereby assume responsibility, liability and maintenance of main sewers measuring at least eight inches in diameter, and main water distribution pipes measuring at least four inches in diameter located within the City's rights-of-way. (Common Council Resolutions 4-12-1965 and 6-18-1973)
A. 
Every dwelling house or other building requiring the use of water must be supplied from the water mains of the Water Department through a separate service, provided that there is a permanent water main immediately in the front, rear or on either side of the premises.
B. 
If no main is existent in the manner described, a temporary service may be laid from and connected to the nearest available water main until a permanent water main is installed, when such service must be disconnected from the temporary source and reconnected to the permanent water main within 30 days from the date that water is available in the permanent main. Such disconnection and reconnection shall be made by and at the expense of the owner of the premises supplied.
C. 
The use of water is permitted subject to such conditions or reservations as the Water Department may consider reasonable. The Water Department Director reserves the right to restrict or prohibit extraordinary use of water if water supply conditions so require.
[Amended 7-19-1995]
The supply of water to all parties for any purpose whatsoever is subject to the following conditions:
A. 
The Water Department does not guarantee to the consumer any fixed or constant pressure, nor a continuous supply, these being subject to the various conditions which may arise in the operation and maintenance of the waterworks.
B. 
In case of failure of mains, services, pumping machinery, reservoirs or other Department equipment, or through the cessation of operation of any pumps by virtue of the electric power being temporarily cut off or discontinued, for the purpose of testing, extending, repairing or cleaning water mains, services or pump and filter station equipment, the water may be shut off as found necessary without notice to consumers, and no claims will be considered for damage to service branches, boilers, machinery or plumbing fixtures arising therefrom.
C. 
The Department shall have the right to enter and inspect any premises or any part of all premises using City water at any time that it may so desire. For this purpose, any Department employee who may be designated, upon exhibition of proper credentials or badges of the Department, at reasonable hours, shall have free access to such premises. When such access is refused, the water may be turned off at the option of the Director and not turned on again until after access and the current fee, as set by the Water Department Fee Schedule,[1] has been paid to the Water Business Office. This procedure shall not be considered exclusive, but is in addition to any other remedy available by law.
[Amended 7-19-1995; 8-19-2009]
[1]
Editor's Note: The Water Department Fee Schedule is on file in the City offices.
A. 
Applications for water shall make such deposits or payments and obtain permits as may be required according to the service rendered, before the application will be granted.
B. 
Payment by the applicant for water service of any or all deposits, fees or charges that are required by the Water Department and which are prerequisite to the granting of such applications shall be considered as sufficient evidence of agreement on the part of the applicant to conform to and comply with each and every ordinance, bylaw, rule and regulation that has been or may in the future be enacted and which governs the granting of such application or the consequent sale of water by the Department.
C. 
All applications for the use of water outside of the corporate limits of the City shall be made to the Director in writing. Such application shall state the owner and location of the property for which supply is requested, and shall be accompanied by either the original, or copies thereof, of any granted permits that may be required by the state, County or Township in which the property is situated. All applications shall be reported by the Director forthwith to the Council for such action as the Council deems proper. If the Council grants any such applications, they shall be subject to the provisions of this chapter, and the Council may impose such additional conditions as it deems for the best interest of the City.
[Amended 7-19-1995]
A. 
Property owners desiring service branches laid to their premises shall make written application for such branches at the Water Business Office and shall be responsible for size of service and meter desired. Such application constitutes an agreement that the property to be supplied is to be held liable for all Water Department charges for water consumed and any other indebtedness.
B. 
Applications for service branches shall be made by a plumber licensed by the City or by the owner of the premises. In the latter case, the name of the licensed plumber who will do the work must be specified. All applications for new service shall be accompanied by the payment in full of all service line material furnished by the City, including the meter.
C. 
Service branches less than two inches in size shall be attached to the water mains by means of a corporation stop and tail piece supplied by the Department to the person making the application.
D. 
The main water supply or water service of less than two inches from the City water main to the meter shall be of Type K annealed copper tubing.
E. 
Service connections to the City water main for one-inch and three-fourths-inch copper services shall be made on the top of the main, and the copper service shall have a gooseneck from the corporation stop. One-and-one-half-inch and two inch services shall be tapped on the top of the main, and an arm running parallel to the main shall be installed and blocked up with brick or stone. The copper service must be placed in a deep shelf on the side of the trench so that the copper pipe can be covered with at least six inches of earth. The copper service from the main to the structure shall be made with a minimum number of flared connections, except that the one-and-one-half-inch or two-inch sizes may have one 90° elbow.
F. 
All service branches larger than two inches shall conform to AWWA specifications and Water Department approved.
G. 
Every service branch must be provided with a curb stop or valve protected by a curb box or valve box set in the pavement or just inside the curbline for the purpose of turning water either on or off. The cover on the curb box shall be marked "water."
H. 
Whenever possible, service branches shall be laid in a direct line from the street main to the curb box and right angles to the curb. They shall be laid at a minimum depth of four feet. Any exception must be approved by the Director.
[Amended 7-19-1995]
I. 
Service branches may be laid in the same trench as the sewer lateral, provided that they are placed upon a trench shelf and above the sewer line.
J. 
All service branches from the main to the building must be laid under the direction of a City of Lockport licensed plumber. The Department shall do no work except the insertion of a corporation stop or the installation of a tapping sleeve and valve with the necessary valve box.
K. 
All water service, pipes, curb stops and curb stop boxes are considered the property of the property owner, who shall be responsible for any leakage which may occur between the water main in the street and the building supplied. It shall be the responsibility of such property owner to maintain such service pipe in a nonleaking condition at all times and at his own expense. It shall be the responsibility of the property owner to maintain the curb box in a manner that it is easily accessible and in good working order. The Department reserves the right to shut off or turn on the water at their curb box with no liability assigned to the Department.
[Amended 8-19-2009]
L. 
The thawing of all frozen water services is the responsibility of the property owner.
M. 
When a leak is discovered in a service branch between the main and the building supplied, a written notice shall be mailed or delivered to the property owner informing him of the existence of such leak and of his obligation to repair such leak within the period hereinafter provided. Failure of the property owner to repair such leak within five days of the date the notice is personally served or mailed shall be deemed sufficient cause for the Department to discontinue the supply of water through such service until the leak is repaired, except when the Department deems such leak to be a public hazard (based on the volume of water, location of the leak, weather conditions and other factors), in which event the Department may require repair, by notice in accordance with this subsection, within 48 hours. Failure to repair the leak in the allotted time will result in the Department hiring a licensed plumber to repair such leak. Reasonable expenses incurred by the Department shall be charged to the property owner and, if unpaid for a period of 60 days, shall become a lien upon the property.
[Amended 2-5-1986]
N. 
The cost of removing a corporation stop or of discontinuing a service shall be paid for by the owner. The Water Department does not guarantee the location of any tap or main; in case of demolition, the service must be removed from the main first.
O. 
The cost of removing combined services will be paid by the affected owners.
A. 
Water shall be furnished to all consumers through metered services only, except as provided in this chapter. Each service must have a suitable valve just ahead of the meter in good working condition.
B. 
The supply of water through each separate service must be recorded by one-meter only. If additional meters are desired for recording the subdivision of such supply, they must be furnished and set by the owners or consumers at their own expense. Furthermore, the Department shall not be required to read such meters nor subdivide water bills in view of the existence of such subdivisioning meters.
C. 
Water meters shall be purchased by the Department according to its specifications. Property owners shall pay the Department, at the time of filing an application for service, a sum sufficient to reimburse the Department for the acquisition cost of the meter required, plus current costs for inspection and installation of subject meter. The Director shall review Department costs of purchase, service and installation of meters on March 31, June 30, September 30 and December 31 of each year and advise the City Accountant of any new current costs of service.
[Amended 7-19-1995]
D. 
Water meter service shall be purchased by the owner or plumber installing a service for the Department, and the meter shall remain the property of the Department, subject to the rules, bylaws and regulations of the Department. All meters two inches and lower will be installed by the Department of Water. All meters over two inches in size shall be purchased and installed by the owner. All meters shall be of a type approved by the Water Department.
[Amended 8-19-2009]
E. 
Water meters shall not be removed from one service to another without permission from the Department. The Department reserves the right to remove and replace any meter at its discretion without obligation to the property owner. Meters shall be tested and repaired, as necessary by the Department Meter Section, before installation and necessary charges are paid by the owner.
F. 
Water meters for the purpose of recording domestic consumption shall be placed inside the basement wall, in a horizontal position, dial up, with room to remove, and easily accessible whenever possible. When it is necessary to install a water meter in any other location, a well-drained pit of such size and construction as is approved by the Director must be provided to contain such meter.
[Amended 7-19-1995]
A. 
With the adoption of this chapter, all domestic water meters will be replaced with remote readout meters on a prearranged schedule. Normal ten-year changeover and meters in need of repair will also be replaced with remote readout capability.
B. 
The location of the remote register on the outside of the residence shall be determined by the Water Department at the time of installation.
C. 
All meters and radio transmitters shall be installed and sealed by the Water Department personnel after prearrangement with the residence owner.
[Amended 8-19-2009]
D. 
Should any existing domestic water service be considered in disrepair, after examination by the Plumbing Inspector, the right of refusal to perform any meter installation shall be exercised by the Water Department until such necessary repairs are completed. In all cases, a release form will be signed by the owner to prevent Water Department liability for damage or inconvenience.
E. 
All sections of this chapter, where applicable to domestic meters, shall apply for installation, repair and removal of domestic remote readout meters.
F. 
(Reserved)
G. 
Magnetic-type water meters two inches or less for recording consumption shall be set by the Department only. A place must be provided by the owner where meters will be protected from frost and other damage and in a readily accessible location for reading, examination and removal. A brass stop-and-waste-type valve must be provided just ahead and on the supply side of the meter.
H. 
A suitable check-and-relief valve may be required by the Department in the service pipe after the meter when there is a possibility of hot water backing up into the water meter.
I. 
Unless otherwise permitted by the Department, commercial meters of two-inch size or larger must be placed in a pit of such dimensions and at such a location as is acceptable to the Department.
J. 
Commercial meter pits must be properly drained in such a manner that any leakage or accumulation of surface water will not interfere with the duties of employees of the Department, or the operation of the meter.
K. 
All commercial water meters one inch in size or larger must be provided with a suitable bypass of such size as will provide a continuous supply of water during such time as the water meter is undergoing repairs.
[Amended 2-4-1987]
L. 
Each application for a water service which is two inches in size or larger must be accompanied by three copies of a detailed dimensioned plan, drawn to scale and acceptable to the City, which must show the exact manner in which the installation of both the service and the water meter is to be made.
M. 
Whenever the new service is to interconnect in any manner with an existing supply of water, either potable or non-potable, a separate detail of such interconnection must be clearly shown. Such interconnections must comply with requirements of the New York State Department of Health Sanitary Code. The application for any service as heretofore described shall not be granted nor any connection made to any water main until the plan of installation has been approved by the Department. A print showing the standard type of meter pit and bypass approved by the Department will be furnished free of charge upon application to the Director.
[Amended 7-19-1995]
N. 
All water meters and bypass valves shall be sealed by the Department when they are placed in service. Such seals shall not be removed except by the Department unless permission is first obtained in writing from the Department.
O. 
When a water meter seal or other seal of the Department is accidentally broken, the consumer shall notify the Department immediately. Upon receipt of such notice, the Department shall set a new seal and so properly record the action.
P. 
The Department reserves the right to enter, at any reasonable time, any premises where a water meter is installed, for the purpose of testing, examining, repairing or replacing such meter when, in the opinion of the Department, such action is necessary.
Q. 
The Department shall have the right to remove any meter from service and to repair or replace it when, in its opinion, such action is necessary.
R. 
Water meters may be tested by the Meter Repair Section periodically. A meter may be tested at the request of a property owner without charge if the test reveals that the meter is not within the upper limits of accuracy according to the American Waterworks Association. If within limits, the property owner will pay a special testing fee according to the current Water Department Fee Schedule.[1]
[Amended 8-19-2009]
[1]
Editor's Note: The Water Department Fee Schedule is on file in the City offices.
S. 
When water meters are repaired, the cost of material used for such repair shall be billed to the property owner or consumer, as well as shop time at the current rate as set by the Water Department Fee Schedule. The Department shall repair, without cost to the consumer, any water meter two inches or under in size located on a water service and within the City limits, provided that such meter has not been damaged by freezing, hot water or other negligent act or omission.
[Amended 8-19-2009]
T. 
All seasonal services must be metered. The charge for water will be based upon the regular schedule of meter rates. Meters for use on seasonal services will be handled exactly as for a new house service and shall be subject to the same regulations as set forth in the foregoing sections. Such meters shall be installed in the spring of the year and removed in the fall upon written request by the owner and upon payment of a service fee as set by the Water Department Fee Schedule for each installation or removal. This fee will be payable to the Water Business Office. Seasonal meters shall be read when installed and when removed. The consumption shall be charged for at regular meter rates.
[Amended 8-19-2009]
U. 
All industrial meters will be calibrated for accuracy once every three years, by the owner, or at the discretion of the Director of Utilities, and a certificate of accuracy will be sent to the Water Department Business Office.
[Amended 7-19-1995]
A. 
The water rates shall be charged and collected for the use of water within the City supplied by the Water Department as herein fixed and established.
B. 
The Common Council shall have power to fix, prescribe and regulate the rates and charges for the use of water in said City, and fix the compensation, prescribe the duties and make rules and regulations for the government of said Director, assistant or employees, and from time to time to alter said rates or amend or abolish said rules or any part thereof.
[Amended 7-19-1995]
C. 
The owner of the premises supplied through the water meter shall be held responsible for all water registered by it, and no reduction in bills rendered shall be allowed for leakage or when part of the water has been used by a contractor or any other person.
D. 
All water bills shall be payable when due. They shall be mailed or delivered to the property owner or tenant as a matter of convenience. Failure of a property owner or tenant to receive a water bill shall not release the property owner from the payment of such bill, together with any fee or penalty which may accrue or become existent by virtue of nonreceipt of bill.
E. 
Upon written request of a property owner, the Water Business Office shall mail or deliver, as it may elect, water bills to the property owner and/or tenant of the premises. However, in doing so the City shall not be responsible for the failure of said person to receive the bill.
F. 
Bills due the Department for water consumption, or any other service, if not paid within 30 days from the date of issue, shall be subject to a penalty of 10% per quarter on the unpaid balance, such penalty to be collected together with the amount of the bill. Members of the armed forces activated by order of the United States government shall receive relief from any and all penalties during their period of active service.
[Amended 4-2-2003; 12-17-2014]
G. 
Whenever a property is receiving water from the City water system and is without a water meter, the Water Business Office shall notify the Department to install a meter. The Water Business Office will then bill the property owner for both the cost of installation and for an estimated reasonable amount of water during the time that the property has been without a meter.
H. 
When a water meter is found to be not registering or is stopped, the consumption shall be estimated according to the consumption for similar occupancies and a bill rendered for such estimated consumption.
I. 
When it is impossible to obtain a regular quarterly reading of any meter for any reason, the consumption shall be estimated according to the consumption for similar occupancies and a bill rendered for such estimated consumption. The fact that the bill has been estimated must be indicated on the bill.
J. 
Any water account of any nature remaining unpaid on July 1 of the year following rendition shall be placed upon the first general City tax roll made up after such date, should the Water Business Office be unable to make collection in any manner other than civil action. If placed on the tax roll, a water account shall become a part of the tax roll, shall become due with the same and shall be subject to the same penalties and interest as the taxes.
[Amended 8-19-2009]
K. 
Complaints of overcharge on water bills must be made on or before the 16th day of the month in which such bills are rendered, and all water bills against which no claim has been made within the time set forth above shall be considered correct and must be paid in the amount rendered.
L. 
When property becomes vacant, upon receipt of written notice from the owner of same, the Department shall remove the water meter and seal the service in a manner that will prevent any possibility of water usage without charge. The meter so removed will be stored by the Meter Section until the Department is notified that the property is reoccupied. Upon reoccupancy, the meter will be reset, the shutoff seal removed and the water supply restored. A fee will be charged for reinstallation, according to the current Water Department Fee Schedule,[1] but no charge will be levied for removal.
[Amended 8-19-2009]
[1]
Editor's Note: The Water Department Fee Schedule is on file in the City offices.
M. 
The billing charge on any building permanently demolished shall be discontinued when conclusive proof of demolition is presented to the Department upon payment of any existing bills up to the date of such demolition.
Water may be furnished free to any City building, department or bureau as may be designated by resolution of the Council, provided that such water is furnished through a water meter as provided in § 185-6A and C, which includes the following: the City of Lockport Streets Department, Parks Department, Fire Department, Municipal Building, Wastewater Treatment Plant and John Henry Park.
A. 
Water permits shall be required for erecting, constructing, altering or maintaining any building or structure or for any purpose whatsoever that requires the temporary use of water. Such permits shall be obtained with the building permit and paid for at that time according to the Water Department Fee Schedule.[1]
[Amended 8-19-2009]
[1]
Editor's Note: The Water Department Fee Schedule is on file in the City offices.
B. 
Water for construction purposes may be obtained from any metered service in lieu of payment required by § 185-11A, provided that permission of the owner of such service is first obtained. The owner shall be held liable for all water obtained in this manner. If water is to be obtained from a metered service, it must be so stated on the application for a building permit, together with the street address of such metered service.
C. 
Water for construction purposes must be paid for at regular rates specified on the water permit, regardless of whether it is used on City work or private work.
[Amended 8-19-2009]
A. 
Application for taps must be made 24 hours in advance of the time that such tap is required. The time that the excavation will be ready must be stated in the tap application.
B. 
Taps in the water mains within the City limits will be made at rates set by the Department. Taps outside the City limits will be made at 1 1/2 times the Department rate. At least once each three months the Department shall determine the actual cost of making various sizes of taps. That cost shall be used for the balance of the three-month period, and the City Accountant shall be notified of any changes.
C. 
The charges specified in this section shall include the cost of the corporation stop, tail piece, washer and labor necessary to install such corporation stop in the water main, together with the actual cost of supervision and of any equipment used. Added to the above tap charge will be the cost of the meter, if necessary, to comply with § 185-6A of this chapter.
D. 
All excavations made for the insertion of corporation stops in the water main must be large enough to permit proper operation of the tapping machine. The required size shall be determined by the Supervisor of Outside Maintenance, under whose direction the tap will be made.
Upon request, the Water Department shall furnish an estimate of the cost of making a connection two inches or in excess of two inches in diameter to any of its mains. Such estimate shall include all labor, equipment, material and overhead costs necessary to make such connection, but it shall not include any cost for excavation, backfill, street opening permits or any other cost whatsoever.
Permits must be obtained from the Street Department before any excavation is undertaken in any City street to install or repair service branches. Such permission shall not be given to any other than a person who is properly bonded and insured to protect persons and property against any injury liable to be caused by reason of such excavation.
[Amended 7-19-1995]
No person, other than an employee of the Water Department, shall open, close or interfere in any manner with any valve or gate in any water main or street pipe belonging to the Department without special written permission of the Director.
A. 
No person shall open, carry from or tamper in any manner with a fire hydrant connected to City mains unless a written permit is obtained from the Director. However, this does not apply to employees of the Fire Department engaged in the pursuit of their regular duties.
[Amended 7-19-1995]
B. 
The Water Department shall be notified within 24 hours of the use of any hydrant by the Fire Department.
C. 
Wrenches other than regulation hydrant wrenches must not be used for the operation of fire hydrants. The use of any other type of wrench shall be considered sufficient cause for cancellation of any permit issued.
D. 
The general use of hydrants for construction purposes will be restricted when a service line to a building or structure will eventually be required. When a hydrant is being used under permit, regular reducing couplings attached to the nozzle of the hydrant and equipped with an independent valve for regulating flow must be used. The main valve of such hydrant must be opened fully at the beginning of each workday and remain open until the finish of work on that day, when it shall be completely closed.
E. 
The billing of the cost of water and hydrant use will include hydrant permit and inspection fees as set by the Water Department Fee Schedule[1] and minimum usage of 10,000 gallons and additional usage at the bulk water rate as set by Common Council resolution.
[Amended 2-6-2002; 1-21-2004; 8-19-2009]
[1]
Editor's Note: The Water Department Fee Schedule is on file in the City offices.
F. 
In obtaining water from a fire hydrant in conformity with the foregoing sections, no leakage will be tolerated. The hydrant permit shall be rescinded for any violation.
G. 
No person shall obstruct access to any fire hydrant in any manner whatsoever. It shall be the decision of the Water Department to best locate hydrants on City rights-of-way.
A. 
No charge shall be made for actual use of water for fire protection purposes only, whether it be taken from a hydrant, through sprinklers or by any other means. However, standby fees shall be charged for availability of water, not applicable at this time.
B. 
The requirement that meters shall be installed on all service branches shall be waived in the case of service branches for fire protection only, including sprinkling systems. However, a detector check valve is required on such services.
C. 
Water may not be used off of services that have a detector check valve except for fire protection.
D. 
A detector check valve to indicate when water has been used shall be installed on all fire services.
E. 
Plans for fire protection installations in multiple dwellings must be approved by the Building Inspector and the Fire Department before approval by the Water Department.
F. 
All fire protection branches must be provided with a valve between the street main and the building or private fire lines supplied with water.
G. 
The Department shall place its seal upon any opening or valve connected with or to any fire protection service branch to seal such valve either open or closed.
H. 
When a Department seal is broken, either accidentally or in order to obtain water for fire protection, the Department must be notified immediately by the person breaking the seal or by any employee of the Department having knowledge thereof. A new seal will then be set and so recorded.
A. 
No person other than a duly licensed plumber shall do any plumbing in connection with any attachment to the mains of the Department without the written permission of the Department, except as provided in § 185-5J.
B. 
Any attachments to the Department mains shall comply with the rules and regulations of the Department and the Plumbing Code of the City.[1]
[1]
Editor's Note: See Ch. A192, Plumbing Rules and Regulations.
C. 
Curb boxes and valve boxes on services shall be kept uncovered and readily accessible during construction or repair work.
D. 
When plumbing work is completed in any new building, a space suitable for the installation of a water meter must be left and water shut off. In no case shall the water be turned on at any premises by the plumber or owner or other person, unless written permission has been granted by the Water Department, and all bills in arrears have been paid.
E. 
The installation of nipples and unions in order that meter may be obtained to test the plumbing will be allowed. Such nipples and unions shall be removed after such tests are completed.
F. 
No person shall break a Department seal or disconnect a water meter without obtaining permission from the Department.
G. 
No licensed plumber nor any other person shall make any attachment to an old pipe or other fixture through which the supply of water has been discontinued or which is out of use until permission has been obtained from the Department.
H. 
No plumber or other person shall alter in any way the service branch pipes attached to the waterwork's mains without written permission of the Department.
I. 
No plumber or other person shall make an attachment to any service branch or other pipe in such a manner that the water passing through such attachment is not registered by the water meter.
J. 
No person shall, by means of false keys or other means, cause or suffer any premises to be supplied with water after the water supply has been discontinued by the Department and when such act is contrary to the true intent and meaning of this chapter.
K. 
All cast-iron water services, after pressure-testing to 150 pounds per square inch, shall be chlorinated by the plumber or contractor, and they shall cooperate with the Department with reference to time and place of such chlorination. Points for the application of chlorine and subsequent drainage shall be determined by the Department and provided by the plumber or contractor. No water shall be provided through such service until results of chlorination have been approved by the Department chemist. Bills shall be rendered to the plumber or contractor at full cost to the Department.
[Added 5-20-1987]
A. 
Purpose.
(1) 
The purpose of this section is to safeguard potable water supplies by preventing backflow into public water systems.
(2) 
This section is to be reasonably interpreted. It is the intent of this section 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.
(3) 
This section shall comply with the requirements of the New York State Sanitary Code 5-1.31.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, 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 freemoving 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 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 watertightness of each check valve. This device must be approved as a complete assembly.
APPROVED REDUCED-PRESSURE-PRINCIPLE BACK-FLOW PREVENTION DEVICE
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. At cessation of normal flow, the pressure between 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 valve will be submerged. The enclosure must be self-draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must also be approved as a complete assembly.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public water supply.
BAROMETRIC LOOP
A loop of pipe rising approximately 35 feet, at its topmost point, above the highest fixture it supplies.
CERTIFIED BACKFLOW PREVENTION DEVICE TESTER
A person who presents proof of satisfactory completion of a training course for tests of backflow prevention devices which has been approved by the New York State Department of Health.
CROSS-CONNECTION
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 a substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
VACUUM BREAKER, NON-PRESSURE-TYPE
A vacuum breaker which is designed so as not to be subjected to static line pressure.
VACUUM BREAKER, PRESSURE-TYPE
A vacuum breaker designed to operate under conditions of static line pressure.
WATER SUPERVISOR
The consumer or a 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.
C. 
Protection of the public water system at service connections.
(1) 
Where protection is required.
(a) 
Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional by the water purveyor and is satisfactory to the public health agency having jurisdiction as to quality and safety.
(b) 
Each service connection from a 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.
(c) 
Each service connection from a public water system for supplying water to premises on which a substance of unusually toxic concentration or danger to health is handled in liquid form, even though it is not under pressure, shall be protected into the public system. Examples are plating factories using cyanide and hospitals. This is not intended to apply to normal household installations.
(d) 
Backflow prevention devices shall be installed on each service connection to any premises that have internal cross-connections, unless such cross-connections are abated to the satisfaction of the water purveyor.
(e) 
It shall be the responsibility of the water user to provide and maintain these protective devices, and each one must be of a type acceptable to the State Health Department.
(2) 
Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:
(a) 
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.
(b) 
At the service connection on any premises on which there is an auxiliary water supply where cross-connections are known to exist, which cannot be presently eliminated, the public water supply system shall be protected by an air gap separation or an approved reduced-pressure-principle backflow prevention device.
(c) 
At the service connection to any premises on which a substance that would be objectionable, but not necessarily hazardous to health if introduced into the public water supply, is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly.
(d) 
At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled, but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced-pressure-principle backflow prevention device. This device shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible.
(e) 
At the service connection to any premises on which any material dangerous to health, or toxic substance in toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device, provided that the alternative is acceptable to the water purveyor.
(f) 
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced-pressure-principle backflow prevention device.
(3) 
Design and inspection of protective devices.
(a) 
The design of the installation of an acceptable backflow prevention device must be prepared in accordance with New York State laws and regulations. The design must be approved by the water purveyor and all agencies required by the applicable New York State and City of Lockport laws and ordinances.
(b) 
The customer's water system shall be open for inspection at all reasonable times to authorized representatives of the City of Lockport.
(c) 
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 water purveyor within 72 hours after the test is made.
(d) 
Records of such tests, repairs and overhaul shall also be kept and made available to the water purveyor and the Local Health Department upon request.
D. 
Recourse for noncompliance.
(1) 
No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply is protected as required by state regulations and this section.
(2) 
Service of water to any premises may be discontinued by the water purveyor if a backflow prevention device required by this section is not installed, tested and maintained; if any defect is found in an installed backflow preventive device; if it is found that a backflow preventive device has been removed or bypassed; or if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected.
[1]
Editor's Note: Former § 185-19. Penalties for offenses, was renumbered § 185-20, 5-20-1987.
Any person violating any of the provisions of this chapter shall be fined not less than $50 nor more than $500 or imprisoned not more than 90 days, or both.