[Adopted 11-21-1983 by L.L. No. 28-1983]
No person shall tap or make a connection with a water main of the Village of Old Westbury without a written permit from the Village Clerk.
[Amended 8-18-2008 by L.L. No. 3-2008; 10-17-2016 by L.L. No. 11-2016]
A fee for each tap or service line connection of $350 shall be paid to the Village Clerk, plus the amounts as per the following schedule:
No person to whom a permit shall have been issued, or his or its agents, servants or employees, shall make a tap or connection to a Village water main without the presence of an employee of the Village designated to inspect the work.
No tap or connection to a Village water main shall be made except between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, except holidays.
All taps and connections to Village water mains shall be made in good and workmanlike manner. The permittee shall be responsible for and shall replace, on demand of the Superintendent of Water Supply of the Village, any tap or connection which may be found by the Village not to conform to this section, even though previously inspected by the Village. Shall the permittee fail to replace any such tap or connection, the Village shall make such replacements or repairs as shall be necessary at the cost and expense of the permittee. All service lines between the water main and meter pit shall at all times be kept in serviceable condition by the property owner. Upon proper notification by the Village to the property owner of the fact that a faulty service exists, the Village may, after reasonable time, have the repairs made at the expense of the owner.
The permittee shall indemnify and save harmless the Village of Old Westbury, its officials, servants and employees from all action or proceedings, including the defense thereof, to recover damages for injuries to persons or property recovered by or through the permittee, its agents, servants and employees in connection with tapping and connecting with water mains of the Village of Old Westbury.
To secure the presence of a Village inspector on the job, at least 24 hours' notice shall be given to the Superintendent of Water Supply. Failure of an inspector to present himself at the time and place requested shall not be deemed a waiver by the Village of the requirement contained in § 210-17 hereof.
Shall any tap or connection be made without the presence of a Village inspector, the permittee shall be required to expose the tap or connection, or if the permittee shall refuse, such tap or connection may be exposed for inspection by the Village at the cost and expense of the permittee.
No permit shall extend beyond 15 days.
[Amended 6-19-2017 by L.L. No. 5-2017]
All service lines shall be not less than 3/4 inch inside diameter and shall be of Type K copper. All connections shall be compression connections. The service line is considered to be the water service pipe extending from the water main in the street to the inside of the building and shall consist of the corporation stop, saddle (if required), curb box, meter pit, meter pit cover meter, meter valves, backflow preventor and pipe. One plug valve shall be installed on each side of the meter in all cases and each side of the backflow preventor. No service line shall be installed in a driveway, and shall at all times conform to the regulations of the Nassau County Board of Health with respect to any cesspools or sewer lines thereto, or less than four feet below finish grade or more than five feet below finish grade.
Meters shall be Badger meters with straight gallon registers. Badger meters may be purchased from local supply houses.
Taps and connections to any Village water main shall be as follows:
In all service lines up to and including one inch, there shall be a stop cock of the inverted-key type at a point one foot outside the property line and provided with an iron box, rod and cover. In the case of all service lines of 1 1/4 inches and over, a ball valve of the type manufactured by Eddy Valve Company or equal shall be used.
[Amended 6-19-2017 by L.L. No. 5-2017]
Each meter under 1 1/2 inches shall be installed in a meter pit consisting of a twenty-four-inch round poly or concrete or equal with iron cover. The cylinder shall be inserted to a depth of four feet below finished grade and shall rest on at least three bricks. The cover of the pit shall be constructed and be maintained one inch above finished grade. The meters shall be 14 inches below the cover with a valve on each side, and the risers on each side of the meter shall be a least two inches from the side walls of the meter pit. Each meter 1 1/2 inches and over shall be installed in a meter pit not less than three feet by five feet and the bottom not to be more than five feet below finished grade and in all cases large enough to permit a man to descend into the pit and work around the meter. Such meter pit shall be poly constructed or poured concrete or solid concrete block and shall have a reinforced concrete roof with a metal manhole cover not less than 24 inches and not greater than 36 inches in diameter.
All meter pits shall be located two feet inside of the property line.
All water services must be installed by a licensed plumber or contractor approved by the Board of Trustees of the Village or the appropriate administrative official.
[Amended 9-20-1993 by L.L. No. 4-1993]
No water shall be taken from any hydrant without the written permission of the Board of Trustees of the Village or the appropriate administrative official. In the event that such permission is granted, the fee shall be in the amount set forth in Chapter 103, Fees and Deposits.
[Amended 6-18-2007 by L.L. No. 2-2007]
Each meter shall be inspected, rebuilt or replaced once every 10 years from the date of installation. The Water Department reserves the right to remove, test and repair any meter at any time. If requested by an owner to test any meter, the cost of repairs, if any, shall be borne by the owner. If the meter is found to be accurate according to New York State Standards and Requirements, a charge of $25 shall be made. If the meter is found to be inaccurate, no charge for the test shall be made; however, the cost of repairs shall be borne by the owner for all meters two inches and under.
The use of submetering in the Village of Old Westbury is hereby prohibited. Each home in the Village shall have its own separate water supply and be metered and be billed by the Village. The Superintendent of Water may waive this requirement or grant relief from this requirement in circumstances where compliance is not feasible or where the Village does not have a water main for the homeowner to tie into. When the public water supply becomes available, it is incumbent upon the homeowner to tie into the Village main within 90 days of being notified of water availability. Such connection shall be at the homeowner's expense. If such connection is not completed within 90 days of notification of water availability, a violation may be issued for each day that such connection is not complete. Any person violating this § 210-30B shall be deemed guilty of a violation punishable by a fine of $250 for each daily violation.
Whenever it may be found that the foregoing rules and regulations do not apply or make it impractical to install a water service in compliance therewith, such condition shall be brought to the attention of the Board of Trustees or appropriate administrative official of the Village for consideration. Permission for any deviation from these rules and regulations, if granted, shall be in writing.
[Amended 6-19-2017 by L.L. No. 5-2017]
No underground sprinkler system shall be installed within the Village of Old Westbury without the written permission of the Board of Trustees of the Village or of the appropriate administrative official. In the event that such permission is granted, the fee shall be $300 for such permit. All systems shall be installed as per plans and specifications on file at the office of the appropriate administrative official.
The owner or his engineer shall file with the Village Clerk an application in triplicate for the installation of water mains in a subdivision, the application to be accompanied by three prints of the proposed overall development plan; a fee of $25 per acre or part thereof and a deposit of $2,000 as part of the legal, engineering and contingencies required in Subsection F below shall be paid to the Village Clerk.
The Village Water Engineer, on receipt of the development plan, will indicate thereon the required water mains and appurtenances and file the plan with the Board of Trustees.
After the plan has been approved by the Planning Board or administrative official, one copy will be filed with said Board, one copy with the Village Water Engineer and one copy to be returned to the owner.
Before the owner is ready to file his map with the Department of Health or, if the Department of Health approval is not required, with the appropriate authority, he shall furnish the Village Water Engineer with four copies of the proposed map on which will be indicated the size of the water mains and appurtences in accordance with the prior approval of the Board of Trustees. One copy will be filed with the Board of Trustees, one copy with the Village Water Engineer and two copies furnished to the owner.
When the owner is ready to have water mains installed, an application therefor shall be filed with the Village Clerk, to be accompanied by a minimum fee of $500 for the first 500 feet or any part thereof and an additional $25 per 100 feet or part thereof in excess of 500 feet. The Village Water Engineer shall then prepare a plan for the same, together with specifications, bidding sheet, etc. Said engineer will prepare the advertisement for bids, and, at the specified time the bids will be opened, and thereafter a contract awarded by the Board of Trustees as hereinafter provided.
Before the contract has been awarded and within 15 days after the opening of bids, the owner shall deliver to the Village an instrument dedicating to the Village a perpetual easement for the construction and maintenance of water mains and appurtenances thereto, over and under the land of the owner as shown on the plan, in a form satisfactory to the Village Attorney, to be recorded in the Nassau County Clerk's office, together with satisfactory title company certificates showing the instrument to be executed by all owners and mortgagees and other lienors, and will deposit a certified check with the Village in an amount which the Village shall require to install the mains, plus 20% to cover necessary expenses for legal, engineering and contingencies. At the same time, the owner will enter into a contract with the Board of Trustees for the execution of the work, pursuant to which contract the owner will enter into a contract with the contractor to whom the award has been made by the Board of Trustees.
The water mains will be installed under the supervision of the Village Water Engineer and the Superintendent of Public Works, and upon completion, said Engineer will prepare an estimate of the completed work. The amount, plus engineering and legal fees, will be paid by the Board of Trustees from moneys deposited by the owner.
Before the Village will undertake to take over such water system so installed in private subdivisions, undertake to keep such water system in operation and repair and before any refunds of the amounts deposited are made, the Village must be furnished satisfactory proof that either the streets in which the water mains are laid have been dedicated and accepted by proper public authority or instruments granting easements to the Village, in form satisfactory to the Village Attorney to be recorded in the Nassau County Clerk's office, with a satisfactory title company certificate showing the same to have been executed by all owners and mortgagees and other lienors, shall have been delivered to the Village and that all valve boxes have been located and placed at the right levels.
Upon satisfactory completion of the installation of the water mains and appurtenances thereto and compliance with this section and the subdivisions thereof, the Engineer designated by the Village will then advise the Board of Fire Underwaters accordingly.
Whenever water rent shall remain unpaid for 30 days or more after becoming due, the supply of water to premises upon which said water rent is a lien shall be cut off upon 10 days' notice thereof by the Village Clerk, mailed to the person against whom the premises are assessed or to the person designated by the owner to whom bills shall be sent by the Village Clerk.
No premises shall, after water has been cut off, receive water until the water bill, together with the cost of cutting off and turning on the water, has been paid.
All bills for water and service charges are due and payable when rendered. A penalty of 5% for the first month and 1/2 of 1% for each additional month of the amount due shall be added to all unpaid water and service charges which are in arrears for one month or longer.
Whenever the owner and/or occupant of premises shall fail or refuse to comply with any of the Village of Old Westbury Rules and Regulations of the Water Department as last amended by the Board of Trustees on December 2, 1955, or as the same may be revised, altered or amended, the supply of water to the premises shall be cut off upon 10 days' notice thereof by the Village Clerk and mailed to the person against whom the premises are assessed or to the person designated by the owner to whom a bill shall be sent by the Village Clerk.
Editor's Note: Said Rules and Regulations are available in the office of the Village Clerk.
No premises shall, after water has been cut off, receive water until the cost of cutting off and turning on the water has been paid.
Responsibility of the Board of Trustees. The Board or administrative official, if so appointed, shall inspect the plumbing in the Village at prescribed intervals to ensure that such plumbing was installed and is maintained in such a manner as to safeguard the potable water supply by preventing backflow into the potable water supply system. The Board or administrative official, if so appointed, shall notify or cause to be notified in writing the owner or authorized agent of the owner of any such building or premises to correct, within a reasonable time set by the Board, any plumbing installed or existing contrary to or in violation of this article and which in its judgment may, therefore, permit the pollution of the Village water supply or otherwise adversely affect the public health.
Inspection. The Board or administrative official, if so appointed, shall have the right of entry into any building during reasonable hours for the purpose of making inspections of the plumbing systems installed in such building or premises, provided that with respect to the inspection of any single-family dwelling, consent to such inspection shall first be obtained from a person of suitable age and discretion therein or in control thereof.
When used in this article, unless otherwise indicated, the following words shall have the following meanings:
- AIR GAP
- The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle.
- Accepted by the Board and by the Department of Health where required an applicable specification, stated or cited in this article or as suitable for the proposed use.
- AUXILIARY SUPPLY
- Any water source or system other than the Water District water supply, which may be available in the building or on the premises.
- The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source.
- BACKFLOW PREVENTER
- A device or means to prevent backflow.
- BACK SIPHONAGE
- Backflow resulting from negative pressures in the distributing pipes of the potable water supply.
- BAROMETRIC LOOP
- A loop of pipe rising approximately 35 feet, at its topmost point, above the highest fixture it supplies.
- The Board of Trustees of the Incorporated Village of Old Westbury.
- CHECK VALVE
- A self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.
- See "pollution."
- Any physical connection between a potable water supply and any waste pipe, soil pipe, sewer, drain or any unapproved source or system. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in waste water and/or any other source of contamination. (See "backflow" and "back siphonage.")
- Any pipe which carries waste-water or waterborne wastes in a building drainage system.
- FIXTURE, PLUMBING
- Installed receptacles, devices or appliances supplied with water or which receive or discharge liquids or liquid-borne wastes.
- FLOOD LEVEL RIM
- The edge of the receptacle from which water overflows.
- HAZARD, HEALTH
- Any conditions, devices or practices in the water supply system and its operation which create or, in the judgment of the Board, may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect in the water supply system, whether of location, design or construction, which may regularly or occasionally prevent satisfactory purification of the water supply or cause it to be polluted from extraneous sources.
- HAZARD, PLUMBING
- Any arrangement of plumbing, including piping and fixtures whereby a cross-connection is created.
- HYDROPNEUMATIC TANK
- A pressure vessel in which air pressure acts upon the surface of the water contained within the vessel, pressurizing the water distribution piping connected to the vessel.
- The open end of the water supply pipe through which the water is discharged into the plumbing fixture.
- PLUMBING SYSTEM
- Includes the water supply and distribution pipes, plumbing fixtures and traps; soil, waste and vent pipes; building drains and building sewers, including their respective connections, devices and appurtenances within the property lines of the premises; and water-treating or water-using equipment.
- The presence of any foreign substance (organic, inorganic, radiological or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
- REDUCED-PRESSURE BACKFLOW PREVENTER
- An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere designed to prevent backflow.
- SURGE TANK
- The receiving, nonpressure vessel forming part of the air gap separation between a potable and an auxiliary supply.
- Any pressure less than that exerted by the atmosphere.
- VACUUM BREAKER, NONPRESSURE-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.
- The Incorporated Village of Old Westbury.
- WATER, NON-POTABLE
- Water which is not safe for human consumption or which is of questionable potability.
- WATER, POTABLE
- Any water which complies with the provisions of Part 72 of the Title 10 of the New York Codes, Rules and Regulations (drinking water standards) of the administrative rules and regulations of the New York State Commissioner of Health.
A potable water supply system shall be designed, installed and maintained in such manner as to prevent contamination from nonpotable waters, liquids, solids or gases from being introduced into the potable water supply through cross-connections or any other piping connections to the system.
Cross-connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, and as approved by the New York State Commissioner of Health pursuant to Section 5.33 of the New York State Sanitary Code, suitable protective devices such as the reduced-pressure zone backflow preventer or equal are installed, tested and maintained to ensure proper operation on a continuing basis.
Interconnection between two or more public water supplies shall be permitted only with the written approval of the Board and the New York State Department of Health.
Cross-connections between an individual water supply and a potable public supply are prohibited unless approved in writing by the Board and the New York State Department of Health.
Potable water connections to boiler.feed water systems shall be made through an air gap or provided with an approved back-flow preventer (reduced pressure principle or double check-double gate valves).
Connection to the potable water supply system for the following is prohibited unless protected against backflow in accordance with § 210-43 or as set forth as follows:
Operating, dissection, embalming and mortuary tables or similar equipment. In such installation the hose used for water supply shall terminate at least 12 inches away from every point of the table or attachments.
Pumps for nonpotable water, chemicals or other substances. Priming connections may be made only through an air gap.
Building drainage, sewer or vent systems.
Any other fixture of similar hazard.
Except where potable water provided for a refrigerator condenser or cooling jacket is entirely outside the piping or tank containing a toxic refrigerant and two separate thicknesses of metal separating the refrigerant from the potable water supply, an inlet connection shall be provided with an approved check valve. Also adjacent to and at the outlet side of the check valve, an approved pressure relief valve, set to relieve five pounds per square inch above the maximum water pressure at the point of installation, shall be provided if the refrigeration units contain more than 20 pounds of refrigerants.
Water outlets. A potable water system shall be protected against backflow and back siphonage by providing and maintaining at each outlet:
Air gap. An air gap as specified in Subsection B between the potable water outlet and the flood level rim of the fixture it supplies or between the outlet and any other source of contamination; or
Backflow preventer. An approved backflow preventer device or vacuum breaker to prevent the drawing of contamination into the potable water system.
Minimum required air gap.
How measured. The minimum required air gap shall be measured vertically from the lowest end of a potable water outlet to the flood rim or line of the fixture or receptacle into which it discharges.
Size. The minimum required air gap shall be twice the effective opening of a potable water outlet, unless the outlet is a distance less than three times the effective opening away from a wall or similar vertical surface, in which case the minimum required air gap shall be three times the effective opening of the outlet. In no case shall the minimum required air gap be less than shown in the following table, Minimum Air Gaps For Generally Used Plumbing Fixtures.
Approval and testing of devices. Before any device for the prevention of backflow or back siphonage is installed, it shall have first been approved in writing by the Board. In addition, Department of Health approval is required in those instances where an air gap or control device, for which an acceptable list has been established by the New York State Department of Health, is utilized to protect the water supply from a hazardous substance, Devices installed in a building's potable water supply distribution system for protection against backflow shall be maintained in good working condition by the person or persons responsible for the maintenance of the system. Every owner of real property within the Village shall be responsible for the installation, maintenance and testing of backflow prevention devices on such property. All backflow prevention devices must be tested annually at the direction and expense of the owner of the property. Such testing must be performed by a backflow prevention device tester certified by the New York State Department of Health. This testing is mandated by New York State as an issue of public health, safety and welfare. Every property owner must prove compliance with this section by providing the Village Superintendent of the Water Department with proof of such testing on or before September 1 of each year.
[Amended 11-21-2005 by L.L. No. 5-2005]
Installation of devices.
Vacuum breakers. Vacuum breakers shall be installed with one critical level at least six inches above the flood level rim of the fixture they serve and on the discharge side of the last control valve to the fixture. No shutoff valve or faucet shall be installed beyond the vacuum breaker. For closed equipment or vessels, such as pressure sterilizers, the top of the vessel shall be treated as the flood level rim, but a check valve shall be installed on the discharge side of the vacuum breaker.
Reduced-pressure-principle backflow preventer. A reduced-pressure-principle-type backflow preventer may be installed subject to full static pressure.
Devices of all types. Backflow and back siphonage preventing devices shall be accessibly located, preferably in the same room with the fixture they serve. Installation in utility or service spaces, provided that they are readily accessible, is also permitted.
Tanks and vats below rim supply.
Where a potable water outlet terminates below the rim of a tank or vat and the tank or vat has an overflow of a diameter not less than given in the following table, Sizes of Overflow Pipes for Water Supply Tanks, the overflow pipe shall be provided with an air gap as close to the tank as possible.
The potable water outlet to the tank or vat shall terminate a distance not less than 1 1/2 times the height to which water can rise in the tank above the top of the overflow. This level shall be established at the maximum flow rate of the supply to the tank or vat and with all outlets, except the air gap overflow outlet, closed.
The distance from the outlet to the high-water level shall be measured from the critical point of the potable water supply outlet.
Protective devices required.
The design criteria for physical connection control devices shall be as shown in the table below:
The Board shall determine the condition of the connection in accordance with the categories listed in the above table and shall determine what type of control device is required. Only approved devices shall be utilized.
Approved devices to protect against backflow and back siphonage shall be installed at all fixtures and equipment where backflow and/or back siphonage may occur and where a minimum air gap cannot be provided between the water outlet to the fixture or equipment and its flood level rim.
Connections not subject to back pressure. Where a water connection is not subject to back pressure, a nonpressure-type vacuum breaker shall be installed on the discharge side of the last valve on the line serving the fixture or equipment. A list of some conditions requiring protective devices of this kind is given in the following table, Cross-Connections Where Protective Devices are Required and Critical Level (C-L) Settings for Vacuum Breakers.
Connections subject to back pressure. Where a potable water connection is made to a line, fixture, tank, vat, pump or other equipment with a hazard of back-flow or back siphonage where the water connection is subject to back pressure and an air gap cannot be installed, the installation of an approved reduced-pressure-principle backflow preventer shall be required. A partial list of such connections is shown in the following table, Partial List of Cross-Connections Which May Be Subject to Back Pressure.
Double check - double gate valves. The Board may authorize installation of approved double check - double gate valve assemblies with test cocks as protective devices against backflow in connections between a potable water system and other nonhazardous substances which would not endanger the health of the consumer but would be a nuisance if introduced into the public water supply system.
Low-pressure cutoff required on booster pumps. When a booster pump is used on a water pressure booster system and the possibility exists that a positive pressure of 10 pounds per square inch or less may occur on the suction side of the pump, there shall be installed a low-pressure cutoff on the booster pump to prevent the creation of a vacuum or negative pressure on the suction side of the pump, thus cutting off water to other outlets.
General requirements. It shall be the responsibility of building and premises owners to maintain all backflow preventers and vacuum breakers within the building or on the premises in good working order and to make no piping or other arrangements for the purpose of bypassing backflow devices.
Backflow preventers. These devices should be inspected frequently after the initial installation to assure that they have been installed properly and that debris resulting from the installation has not interfered with the functioning of the device. The testing procedures shall be in accordance with the manufacturer's instructions and in compliance with all local, state and federal requirements. Testing shall be conducted by a backflow prevention device tester certified by the New York State Department of Health, and the devices shall bear an inspection certification tag indicating the date of inspection and the name and address of the backflow prevention device tester who conducted such inspection.
[Amended 11-21-2005 by L.L. No. 5-2005]
[Amended 11-21-2005 by L.L. No. 5-2005]
Notification of violation. When a violation of this article is found, the Board or its administrative official, if so appointed, shall notify, by written notice, the owner of the property, as indicated on the then-current Village tax roll.
The notice shall identify the sections of the article that have been violated and the basis for the notice of violation.
The notice shall inform the owner that, should he disagree with the conclusion as to the violation, he shall have seven calendar days from receipt of the notice, or a shorter time period determined by the Board of Trustees or the Superintendent of the Village Water Department, to file a written request at the Village Hall for a hearing on the matter before the Village Board of Zoning Appeals. The Board or Superintendent may set a shorter time if the Board or Superintendent determines that exigent circumstances exist, threatening the health, safety or welfare of Village residents.
The notice shall inform the owner that if he does not request a hearing and he fails to cure the violation within seven calendar days of the receipt of the notice, or a shorter time period determined by the Board of Trustees or the Superintendent of the Village Water Department, the agents of the Village Water Department shall have the right, but not the duty, to enter onto such owner's land to perform the testing required. The Board or Superintendent may set a shorter time period if the Board or Superintendent determines that exigent circumstances exist, threatening the health, safety or welfare of Village residents. In any event, the curing of the violation shall be at the expense of the owner of the land. If the agents of the Village Water Department perform the testing required, a fee of $250 will be due and owing to the Village from the property owner. In the event that the owner fails to pay the Incorporated Village of Old Westbury $250 within 30 days after demand therefor is sent to the last address for the owner indicated on the then-current Village tax roll, the fee of $250 shall be added to the property's November water assessment.
The notice shall be given by personal delivery to the person to be served; be given by personal delivery to a person of suitable age and discretion at the dwelling place of the person to be served and by first-class mail to the person to be served; or be given by registered mail, return receipt requested, at the last known address of the person to be served.
Notwithstanding the foregoing, if in the Board's judgment a health hazard exists, the Board may cause the water service to the building or premises to be terminated.
Fines. The owner or authorized agent of the owner responsible for the maintenance of the plumbing systems and use of water on the premises or in the buildings thereon who knowingly permits a violation of any of the provisions of this article to remain uncorrected after the expiration of the time period set forth in the notice issued pursuant to Subsection B above shall, upon conviction by the court, be subject to and required to pay a fine of not in excess of $250 for each violation, and each day of failure to comply with the requirements of this article after the expiration of the time period set forth in the notice issued pursuant to Subsection B above shall constitute a separate violation.