[Added 4-13-2006 by L.L. No. 2-2006]
The purpose of this article is to safeguard
the potable water supply from potential contamination by preventing
backflow from a water user's system into the public water supply system
and to comply with the requirements of the New York State Sanitary
Code, Title 10 New York Codes, Rules and Regulations, Part 5, § 5-1.31.
This is to be accomplished by:
A.Â
Requiring an approved air gap, reduced pressure zone
device, double check valve assembly or equivalent protective device
consistent with the degree of hazard posed by any service connection.
B.Â
Requiring the users of such connections to submit
plans for the installation of protective devices to the Building Inspector
for approval; and
C.Â
Assuring that all protective devices be tested at
least annually, records of which shall be submitted by the property
owner to and maintained by the Building Department.
A.Â
All nonresidential users of the public water system
and all residential users of the public water system having auxiliary
water supply, including but not limited to a private well, lawn sprinkler
or irrigation system, shall be required to comply with this article.
B.Â
Any installation, service, maintenance, testing, repair
or modification of a backflow prevention device shall be performed
in accordance with the requirements of the Town and the New York State
Plumbing Code. For purposes of this article, a backflow prevention
device is an approved air gap, reduced pressure zone device, double
check valve assembly or equivalent protection device designed to prevent
potential contamination of a public water system.
C.Â
Backflow prevention devices conforming to the most
current requirements of the New York State Department of Health and
the Orange County Department of Health shall be installed by the owner
of those systems pursuant to the rules of those Departments in force
at the time of the installation.
D.Â
A certificate of occupancy shall not be issued by
the Building Inspector for new or modified, renovated or rehabilitated
structures having a system classified by the Department of Health
or determined by the Building Inspector as hazardous, unless a backflow
prevention device has been installed and approved pursuant to this
article and Department of Health requirements.
E.Â
The cost to install a backflow prevention device shall
be borne by the owner of the property.
F.Â
The Town Building Department or designee shall make
a determination as to whether a property owner requires a backflow
prevention device and the type of device in accordance with this article
and the New York State Department of Health and the Orange County
Department of Health requirements and regulations.
Any preexisting system that does not contain
a backflow prevention device shall be upgraded so as to comply with
the current requirements of this article and of the New York State
Department of Health and the Orange County Department of Health within
120 days following the service of notice by certified mail to install
said device.
A.Â
The Building Inspector or designee shall determine
the type of device required for each property and facility. In making
his determination, the Building Inspector shall utilize the Sample
List of Facilities Requiring Backflow Prevention, prepared by the
Department of Health, and, if necessary, shall consult with the Orange
County Department of Health.
B.Â
Cross-connection control by facility type.
(1)Â
The types of facilities which shall require installation
of an approved reduced pressure zone (RPZ) or air gap in the service
connection to the public water distribution system include, but are
not limited to:
(a)Â
Sewage and industrial wastewater treatment plants
and pumping stations, sewer flushers;
(b)Â
Paper manufacturing or processing, dye plants,
petroleum processing, printing plants, chemical manufacturing or processing,
industrial fluid systems, steam generation, rubber processing, tanneries;
(c)Â
Canneries, breweries, food processing, milk
processing, ice manufacturing, meat packers, poultry processing, rendering
companies;
(d)Â
Hospitals, clinics, laboratories, veterinary
hospitals, mortuaries, embalmers;
(e)Â
Shipyards, marinas;
(f)Â
Metal-plating, photo-processing, laundries,
commercial car washes, commercial refrigeration systems, dry-cleaning
establishments;
(g)Â
Commercial greenhouses, spraying and irrigation
systems using weedicides and herbicides, exterminators;
(h)Â
Boiler systems, cooling towers or internal fire-fighting
systems using conditioners, inhibitors, corrosion-control chemicals;
(i)Â
Residential units with lawn irrigation systems
with chemical injection.
(2)Â
The types of facilities which shall require installation
of an approved double check valve in the service connection of the
public water distribution system include, but are not limited to:
(a)Â
Customer fire protection loops, fire storage
tanks with no chemical additives;
(b)Â
High temperature potable water;
(c)Â
Utilization of food-grade dyes;
(d)Â
Complex plumbing systems in commercial buildings,
such as, but not limited to: beauty salons, churches, apartment buildings,
gas stations, supermarkets, nursing homes, construction sites, carnivals;
(e)Â
Residential units with lawn and irrigation systems.
(3)Â
The above lists are not all-inclusive. The type of
backflow prevention device required for each facility shall be determined
by the Building Inspector or designee as set forth above.
The testing of backflow prevention devices shall
be performed on an annual basis by the owner of any system requiring
same, and the cost of such testing shall be borne by the owner of
the system. The testing procedures shall conform to the requirements
of the New York State Department of Health and the Orange County Department
of Health. Test results shall be submitted to the Building Inspector.
The Building Inspector shall enforce this article
and the cross-connection and backflow prevention requirements, specification,
guidelines, and facilities classifications of the New York State Department
of Health and the Orange County Department of Health. Specification,
guidelines, facilities classifications and other administrative requirements
and information which shall be used to implement the requirements
shall be on file in the Building Inspector's office.
In addition to, and not in lieu of, any other
penalty set forth in this chapter, any person who violates a provision
of this article shall be subjected to a fine not to exceed $250 for
each day the violation continues after notice by the Building Inspector.
In addition, the service of water to any premises may be discontinued
by the Town if backflow prevention devices required by this article
or regulations adopted pursuant thereto are not installed, tested,
and maintained; if any defects are found in an installed backflow
prevention device; if it is found that the backflow prevention device
has been removed or bypassed; or if an unprotected cross-connection
exists on the premises; and water service shall not be restored until
such condition or defect is corrected.