[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Home improvement contractors — See Ch. 286.
Plumbers; heating and cooling contractors — See Ch. 319.
[Adopted 4-20-2004 by L.L. No. 6-2004[1]]
[1]
Editor's Note: This local law was vetoed by the County Executive, which veto was overridden by the County Legislature 6-15-2004 by Res. No. 305-2004.
The Legislature of Rockland County hereby finds that the possibility exists that improperly installed water irrigation systems can foul and pollute the existing water delivery service in Rockland County by allowing water in the water irrigation systems to backflow into the water delivery service. It is important to ensure that a plumber licensed by the County of Rockland inspected these systems when initially installed and that when changes are made to the system that would affect the ability of the system that a similar inspection by a plumber licensed by the County of Rockland be made, in order to prevent contamination of Rockland County's water supply.
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR
The Director of Consumer Protection and Public Advocate.
[Amended 8-5-2020 by L.L. No. 4-2020]
INSPECTION CERTIFICATE
A certificate in a form prescribed by the Director, signed by a licensed plumber, that the system was inspected within two weeks of the new installation.
[Amended 8-5-2020 by L.L. No. 4-2020]
INSTALLER
Includes any and all commercial establishments or individuals, including homeowners, who install and/or service irrigation systems and who are not licensed plumbers.
IRRIGATION SYSTEM or SYSTEM
Any system that, by its nature, uses water, whether from a well on the property or piped water from another source, to fulfill the outdoor water needs of a property.
LICENSED PLUMBER
A plumber licensed pursuant to Chapter 319 of the Laws of Rockland County.
PRIVATE WATER SYSTEM
Any system to provide drinking water other than that secured from a public water system.
PUBLIC WATER SYSTEM
Shall have the same meaning as contained in the New York State Health Department Regulations, 10 NYCRR Chapter I, Part 5 Subpart 5-1.1 Subdivision (at), to wit: a community, noncommunity or nontransient noncommunity water system which provides water to the public for human consumption through pipes or other constructed conveyances, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes:
A. 
Collection, treatment, storage and distribution facilities under the control of the supplier of water of such system and used with such system; and
B. 
Collection or pretreatment storage facilities not under such control which are used with such system.
A. 
Any installer who, after June 30, 2004, installs, expands, adds to or changes an irrigation system for lawns or other use, and who is not a licensed plumber, must obtain an inspection certificate from a licensed plumber.
B. 
Where an installer is a licensed plumber or is a business that employs a licensed plumber, such licensed plumber is permitted to sign the inspection certificate, and an outside licensed plumber is not required.
C. 
Copies of the inspection certificate must be sent to the Director within 30 days of such inspection.
[Amended 8-5-2020 by L.L. No. 4-2020]
D. 
Installers must notify their installation and service customers of the requirements of this article no later than May 1, 2004.
E. 
Only a licensed plumber may connect an irrigation system to a public or private water system with an approved and appropriate backflow device.
[Amended 8-5-2020 by L.L. No. 4-2020]
A. 
The Director shall adopt, subject to the approval of the Rockland County Legislature, such regulations as he or she deems necessary for the implementation of this article.
B. 
The Director shall devise and issue an inspection certificate in a form that it deems adequate no later than March 1, 2004.
[Amended 8-5-2020 by L.L. No. 4-2020]
The Director is requested, within 90 days of the adoption of this article, to present to the Rockland County Legislature and to the Rockland County Executive a plan for public education concerning the operation and administration of this article, and the nature and effects of water backflow.
A. 
Any installer who violates a provision of this article or any regulations promulgated pursuant to this article shall be subject to the imposition of a civil penalty by the Director in an amount not exceeding $500 for a first violation.
[Amended 8-5-2020 by L.L. No. 4-2020]
B. 
At the discretion of the Director, the penalty may be waived for a first-time offender and a warning may issued in its stead.
[Amended 8-5-2020 by L.L. No. 4-2020]
C. 
Each repeat violation on the same or a different system installation or improvement shall be subject to a penalty in an amount not exceeding $1,000 for each continuing, succeeding time. Each day the violation exists after two weeks after the initial notification to the installer shall thereafter be deemed a separate additional violation.
D. 
In addition to any other penalties under this article, any violation of this article may be grounds for the Rockland County Home Improvement Licensing Board to initiate license revocation proceedings against any installer pursuant to the applicable sections of Chapter 286 of the Laws of Rockland County. In such license revocation proceeding, the Home Improvement Licensing Board may take into account any waiver under this section, but such waiver shall not be dispositive.
E. 
The penalty provided for by this article may be sued for and recovered by the Director in the name of the County of Rockland in any court of competent jurisdiction. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him and has had an opportunity to be heard as provided for in Article One of the Rockland County Sanitary Code.
[Amended 8-5-2020 by L.L. No. 4-2020]