CHAPTER
45
WATER
REGULATIONS
ARTICLE
I
GENERAL
PROVISIONS
§ 45.1 Title
This
Chapter shall be known and may be cited as the "Village of Mineola Water
Regulations Law".
§ 45.2 Purpose
It is the
intent of the Village of Mineola to continue to furnish an adequate supply of
pure and wholesome water to the residences, business and industrial
establishments in the Village of Mineola and also to supply sufficient water
with sufficient pressure in its water supply system to adequately protect the
buildings in the Village from damage or destruction by fire and to permit the
residents of the Village to have the protected rate of the fire rating
organizations on their fire insurance for both their buildings and personal
property.
This
Chapter is therefore enacted in order that the water supply system be properly
maintained, improved and extended primarily for the benefit of the water users
and taxpayers within the Village limits.
§ 45.3 Applicability
of Chapter; Board
A. Applicability of Chapter.
This
Chapter shall be applicable to all property owners and water users within the
Village, and the provisions of this Chapter shall be applicable to all water
users as provisions of a contract in accordance with which water is to be
supplied to such users.
B. Board of Water Commissioners.
The Board
of Water Commissioners known as the "Mineola Water Commission" shall
be comprised of the Mayor and the Board of Trustees of the Village.
C. Powers and duties.
Supp. #5, 1/29/2001
§ 45.3 MUNICIPAL CODE
The
Mineola Water Commission's powers and duties with regard to this Chapter shall
include but not be limited to:
1. To draft legislation concerning Village
water matters.
2. To conduct informal meetings, forums, workshops
and seminars on the subject of Village water matters.
3. To appoint an individual who shall serve as
the Secretary to the Water Commission.
The Secretary shall serve at the pleasure of the Water Commission. [§ 45.3 amd. LL # 30, 2000, 6/21/2000.]
§ 45.4 Connection
with Village water supply system required
The owner
of all houses, buildings or properties used for human occupancy, employment,
recreation or other purposes, situated within the Village and abutting on any
street, alley or right-of-way in which there is now located or may in the
future be located a water main of the Village water supply system, is hereby
required at the owner's expense to install service pipes and all fixtures
connected therewith as hereinafter provided in this Chapter.
Any
cross-connections with any private water supply system shall be disconnected as
provided in Article III of this Chapter.
§ 45.5 Applications
Applications
shall be made at the office of the Village Clerk at the time of filing plans
for the introduction of water to any premises or for the extension of any pipe
for the conveyance of such water and shall be made upon a blank furnished for
that purpose. Such application shall
truly state all the use for which the water is desired. Expenditures attending the introduction to
any premises must be paid by the applicant at the time of making application.
§ 45.6 Licensed
plumbers only to make connections
No persons
shall make any attachment with the pipes of the water works nor make any
repairs, additions to, or alterations of any tap, cock or other fixtures
connected with the service water pipe unless he or she be a plumber duly
licensed by the Village. A list of the
names of the plumbers who are permitted to work from mains will be found at the
office of the Village Clerk.
Supp. 35, 1/29/2001
WATER
REGULATIONS § 45.9
§ 45.7 Materials
required
All
service pipes must conform to Village specifications. Every service pipe must have a stopcock at the sidewalk provided
with an iron box and cover, pattern approved by the Village. The stopcock shall always be under the
entire control of the Village and its officers.
§ 45.8 Consumers
to be responsible for repairs
Water
consumers must keep their own water pipes and all fixtures connected therewith
in good repair and protected from the frost at their own expense, and no water shall be allowed to run to
waste. They must provide a stopcock and wastecock to be properly located inside
of the wall of the building and have the pipes so arranged that the water can
be drawn from them whenever or wherever there is danger of freezing. Service pipes must be laid at least four (4)
feet below the surface of the ground.
§ 45.9 Separate
tap connections
Permission
will not be granted to supply two (2) or more
[Next page is
45.3.]
Supp. #5, 1/29/2001
WATER REGULATIONS § 45.14
dwellings from a single tap except upon special
permit, and in all cases separate and distinct stopcocks and meters for each
tenement building or premises must be provided.
§ 45.10 No
Rebate for partial use
On all
premises into which water is or shall be introduced, full schedule rates will
be charged for all use, and no rebate will be allowed for partial use from
walls, cisterns, etc.
§ 45.11 Water
pipes to be kept separate
In no case
shall any water pipe be allowed to be laid in any sewer or drain trench, nor
will any drainage into a water‑pipe trench be permitted.
§ 45.12 Waste
of water not allowed
Hydrants,
faucets, taps, hose, closets, baths or other fixtures will not be permitted to
be kept running when not in actual use. In case of fraudulent representation on
the part of any water consumer, or unnecessary waste of water, the supply will
be stopped and the payment forfeited.
§ 45.13 Yard
fountains, etc.
A. No yard fountain, jet or lawn sprinkler shall
be used unless on a meter.
B. No yard fountain, jet or lawn sprinkler shall
be used for the purpose of outside watering during the period from June 1 to
September 15, except as follows:
Such yard
fountain, jet or lawn sprinkler shall not be used on the odd‑numbered
side of the street on even‑numbered days of the month, and on the even‑numbered
side of the street shall not be used on the odd‑numbered days of the
month, except that on July 31 and August 31 such items may be used on both
sides of the street.
§ 45.14 Permit
required for opening streets
Whenever
any street or public place shall be opened for the purpose of making a
connection or for laying any water pipe or fixtures, a permit shall be obtained
as provided in Chapter 44 of
§ 45.14 MUNICIPAL
CODE
this Municipal Code* and whenever a trench is
opened, bridges for
the safety and convenience of the public shall be
provided, and if left open at night it shall be guarded with barricades, and
lights shall be displayed to warn and protect the public.
§ 45.15 Written
notice for discontinuing service required
Persons
wishing to discontinue the use of water must give written notice thereof to the
Village Clerk.
§ 45.16 Owners
responsible for rents
Owners of
premises shall be held responsible for the water rents and charges of their
tenants and the water rent and charges shall be a lien upon the property for
the use of which the water is supplied.
§ 45.17 Inspection
allowed
The
designated Enforcement Officer shall have full power to enter the premises of
any consumer at all reasonable hours to examine fixtures, to examine the manner
of using water, to read or replace or service meters, or to inspect for leaks. In the event that a consumer shall fail or
refuse to permit service to or replacement of a meter, the Department of
Building and Code Enforcement shall give written notice by certified and
regular mail to the owner of record of the premises that the failure to give
access within fifteen (15) days of the date of the letter shall result in the
termination of water service to the location. In the event that a consumer shall fail or refuse to permit the
reading of a water meter for the purpose of ascertaining an accurate report of
consumption for billing purposes, a surcharge of Fifty Dollars ($50.00) shall
be imposed upon the consumer for each and every month that access shall be
denied or prevented, provided that written notice of this consequence shall
have been mailed to the record owner of the premises fifteen (15) days prior to
the imposition of the surcharge. The
surcharge may be avoided by the granting of access during usual business hours
during the fifteen (15) day period. [Added LL # 1, 93, 3/17/93.]
§ 45.18 Permit
for alterations required
No
addition or alteration whatever in or about public water pipes, or private
pipes connected to public pipes, shall be made by
*See § 44.9, supra.
WATER
REGULATIONS § 45.21
any person until application therefor has been
made to the Department of Building and Code Enforcement and a written permit
given therefor. For any violation of
this rule a penalty of Twenty-five Dollars ($25.00) will be incurred and the
supply of water may be shut off until the same is paid subject to the
provisions contained in Article II of this Chapter.
§ 45.19 Permission
required to supply other premises
No faucet,
hose bib or hose attachment or other fixture shall be placed in any yard or
area of any premises so situated as to be accessible to persons living in or
occupying neighboring premises; and no water consumer will be allowed to supply
water to others except by special permit from the designated Enforcement
Officer.
§ 45.20 Permission
required to turn on water
When the
supply of water to any premises is turned off by the direction of the Village,
whoever shall turn it on without permission of the Village, or its appropriate
officer, shall pay a penalty of Twenty-five ($25.00) Dollars for each offense.
§ 45.21 Licensed
plumbers to perform work; bond
No
plumber, except those licensed by the Village, shall be permitted to interfere
with any connections with the water system. Every licensed plumber desiring to
perform work relating to the Village Water System shall execute and file with
the Village Clerk a bond in the sum of One Thousand Dollars ($1,000.00),
conditioned that he or she will pay all
moneys to the Village for fines or otherwise; that he or she will indemnify and
save harmless the Village from all accidents for and by reason of any openings
in any street, road, lane or other place in the Village made by him or her or
by those in his or her employment for the purpose of putting down or inserting
or removing any service pipe or pipes, hydrant
or other apparatus for the introduction or discontinuance of Mineola
Village water, or for any other object or purpose whatever; that he or she will
replace and restore the street and pavement over every such opening in as good
state and condition as he or she found it, and keep and maintain the same in
good order to the satisfaction of the Superintendent of Public Work for a
period of six (6) months thereafter*, that he or she will make true and
faithful reports to the designated Enforcement Officer of the situation, size,
number and character of all pipes, hydrants,
*See § 44.9, supra.
Supp. #5, 1/29/2001
§ 45.21 MUNICIPAL
CODE
washers, water closets, bath, faucets and all
other work or apparatus for conveying, containing or consuming village water
made, fixed or inserted by him or her or under his or her direction. He or she shall pay to the Department of
Building and Code Enforcement a fee established by Resolution of the Board of
Trustees.
§ 45.22 Plumbers
must obtain permits
No plumber
shall be permitted to make any attachment to or alterations in any pipe by
which water is supplied to consumers without a written permit.*
§ 45.23 When
water may be left connected
No plumber
shall leave the stopcock at sidewalk open or allow the water to run on the
premises after making any new connection, or after making any new extension or
attachment in unoccupied premises except in cases where the work is a simple
extension or additional attachment in places where the water is then in use
until a final inspection has been made by the Village.
§ 45.24 Unapproved
connections
Whenever
it shall be found that any pipes other than those conforming to Village
specifications have ben laid, the connections shall be removed and the water
cut off. Nor shall the connections again
be made until the proper pipe is laid and all expenses and damages paid by the
owner of the property.
§ 45.25 Village
may order meters set or water cut off
The
Village reserves the right to order a meter set at any consumer's expense to
cut the water off.
§ 45.26 Rights
reserved to Village
The right
is reserved to the Water Commission to change the rules and regulations; to
make special contracts in all proper cases; and to shut off any and all
consumers in case of extensions, repairs and other necessity, without claim for
damage for loss of water, or which may result from insufficient supply of water
from any cause. [Amd. LL #30, 2000, 6/21/2000.]
*See Chapter 29, § 29.31 et seq.
Supp. #5,1/29/2001
WATER
REGULATIONS § 45.28
§ 45.27 Charges;
meter removal
A. Correctness of charges.
Any
customer finding an overcharge or undercharge in his or her statement is
requested to report the error before paying the bill so that it may be
corrected. The consumer guarantees the correctness of the bill when paying it.
B. Meter removal.
In no case
shall a meter be removed without a permit issued by the designated Enforcement
Officer for its removal.
§ 45.28 Water
rates
A. Meter rates, categories and charges.
1. All water supplied by meter shall be charged at
the rates set forth in the Water Rate Schedule annexed hereto.
2. Unless otherwise specifically stated in this
chapter, water rates shall be based upon two (2) categories of use:
(a) one and two family use
(b) all other uses
3. There shall be a connect charge of Fifty
Dollars ($50.00) for initiation of service and a disconnect charge of Fifty
Dollars ($50.00)for termination of service.
B.
Building construction purpose.
All water
supplied for building construction purposes will be at the rate of One Dollar
and Fifty Cents ($1.50) per One Thousand Dollars ($1,000.00) of the cost of
construction.
C. Automatic sprinkler systems.
1. In any building or structure where automatic
sprinkler equipment is installed, there shall be an annual service charge as
follows:
a. For
systems supplied by a two (2) inch pipe, One Hundred Dollars ($100.00).
Supp. #4, 12/31/99
§ 45.28 MUNICIPAL
CODE
b. For systems supplied by a three (3) inch pipe, One Hundred Twenty‑five Dollars ($125.00).
c. For
systems supplied by a four (4) inch pipe, One Hundred Seventy‑five
Dollars ($175.00).
d. For
systems supplied by a five (5) inch pipe, Two Hundred Fifty Dollars ($250.00).
e. For
systems supplied by a six (6) inch pipe, Three Hundred Dollars ($300.00).
f. For
systems supplied by an eight (8) inch pipe, Five Hundred Dollars ($500.00).
2. Where automatic sprinklers are installed in
a building or structure, there is to be installed, at the cost and expense of
the applicant, a five‑eights‑inch bypass meter; and all connections
and pipe necessary to connect said system to the Village water lines shall be
installed by the Village of Mineola at the cost and expense of the applicant.
D. Miscellaneous.
The fees
charged for miscellaneous water uses shall be:
Water‑supply
water‑tank wagon, with a capacity of not more than one thousand (1,000)
gallons: Twenty-Five Dollars ($5.00).
E. Rates for nonprofit organizations.
Where
water is supplied to nonprofit organizations, such as shcools*, hospitals,
religious and charitable institutions, and the amount of water consumed is
equal to a greater amount than two million (2,000,000) gallons per month, the
rate shall be ninety cents ($0.90) per one thousand (1,000) gallons. However, there
will be a monthly minimum charge of Five Hundred Dollars ($500.00) per month.
F. Effective date. The rate changes set forth
herein shall be effective for billings subsequent to December 31, 1998. [§
45.28 amd. LL #3, 989, 1/21/99.]
*So in original.
Supp. #4, 12/31/99
§ 45.29 MUNICIPAL
CODE
§ 45.29 Water
billings
A. Water billings shall be as follows:
1. Book Nos. 1 and 2: to be billed every February
1 and August 1, with the Billable Year commencing on February 1.
2. Book Nos. 3 and 4: to be billed every March 1
and September 1, with the Billable Year commencing on March 1.
3. Book Nos. 5 and 6: to be billed every April 1
and October 1, with the Billable Year commencing on April 1.
4. Book Nos. 7 and 8: to be billed every May 1
and November 1, with the Billable Year commencing on May 1.
5. Book Nos. 9 and 10: to be billed every June 1
and December 1, with the Billable Year commencing on June 1.
B. All water services for meters one (1) inch or
smaller shall be billed every six (6) months.
C. All water services for meters greater than one
(1) inch shall be billed on a monthly basis. The first monthly bill in each
Billable Year shall include the minimum charge, regardless of usage, together
with the appropriate charges for consumption in excess of the minimum.
D. All bills shall be dated the first of the
month following meter reading and
payable on or before the first of the month after billing date.
E. Any water charge or bill not paid within the
specified time shall carry a penalty of five percent (5%) for the first month
and one percent (1%) for each month or fraction of the month thereafter.
F. Delinquent water charges and bills shall be
subject to the provisions of § 11‑1118 of the Village Law and Article II
of this Chapter.
§ 45.30 Responsibility
for mains and pipes
The
Village of Mineola shall be responsible for all water mains and service pipes
up to and including the curb box. The property
Supp. #4, 12/31/99
WATER
REGULATIONS § 45.33
owner shall be liable for all maintenance and
service lines from the curb box to the building and all services inside the
building.
ARTICLE
II
TERMINATION OF
SERVICE
§ 45.31 Termination
of service for violation and nonpayment
Notwithstanding
any of the provisions of this Chapter, except in case of emergency, temporary
interruption necessitated by repairs, extensions or maintenance operations,
shortage of water or similar situations, no service shall be terminated by the
Village without complying with the following procedures.
§ 45.32 Notice
of violation and hearing
Upon the
determination by the Superintendent of Public Works or Village Clerk that a
violation has occurred pursuant to this Chapter or that a bill for services or
other charges has become delinquent, the Village Clerk shall notify in writing
the occupant or occupants of the affected premises as well as the owner thereof
either personally or by certified mail at the last known address of such
persons, setting forth specifically the grounds for termination of service and
the time and place of hearing within the Village. Such notice shall be served at least fifteen (15) days prior to
the date of the hearing and shall contain a warning that unless such person or
persons shall request in writing within ten (10) days after receipt of same
that the hearing be held and such person or persons appear and offer proof or
other evidence at such hearing, the service may be terminated without further
notice.
§ 45.33 Conduct
of hearing
At the
time and place specified in the notice, the Village official designated by the
Water Commission, hereafter referred to as the hearing officer, shall conduct
the hearing and receive such proof or evidence that may be presented by the
Village and the other interested parties.
[Amd. LL #30, 2000, 6/21/2000.]
Supp. 35, 1/29/2001
§ 45.34 MUNICIPAL
CODE
§ 45.34 Determination
At the
close of the hearing, the hearing officer may order the termination of the
service or other appropriate action as he or she may determine.
§ 45.35 Appeal
Any person
aggrieved by the action of the hearing officer shall have the right to appeal
to the Water Commission. Such appeal
shall be taken by filing within fourteen (14) days after notice of the action
complained of has been mailed to such person's last known address, together
with a written statement setting forth fully the grounds for the appeal. The Water Commission shall set a time and
place for the hearing on such appeal and notice of such hearing shall be mailed
to the applicant at his or her last known address at least five (5) days prior
to the date set for the hearing. The
decision and order of the Water Commission shall be final and conclusive. [Amd. LL #30, 2000, 6/21/2000.]
References:
Additional sources, approval by
DEC required. ECL § 15-501.
Excessive rates. Central School District No. 1 v Vil of
Schoharie, 42 AD2d 1008.
Expansion of facilities to
accommodate private persons prohibited.
Op St Compt. 67-1051.
Federal aid for water
resources. ECL § 15-0315.
Governmental function.
"Acquisition and distribution of a supply of water for the needs of the
modern city involves the exercise of
essential governmental functions." Co. of Nassau v Water District, 62 AD2d 380. See, however, Mtr of County of Monroe, 72 NY2d 338.
Joint water, sewage or drainage
project. Gen Mun L § 119-c.
Tampering with service to avoid
payment; Class A Misdemeanor. Penal L § 165.15(4).
Termination of service. The United Sates Supreme Court has decided that
providing water is a property right
which may not be terminated without due process (Memphis Light, Gas and Water
Division v Craft, 436 US 1 [1978]). Due process requires the provision of an
opportunity for the presentation of a complaint by the customer and the
opportunity to be heard before the service may be terminated. Op Atty Gen,
81-56.
Water service, termination.
Consumer of water who has paid his or her taxes or rents imposed by
municipality has implied contract with city for continued service as long as he
or she pays his or her bills. Mtr of Boathouse Owners v City of North
Tonawanda, 62 AD2d 1136(12).
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.44
ARTICLE
III
CONTROL OF BACKFLOW AND
CROSS-CONNECTIONS
§ 45.41 Inspection;
notice of violation
The Water
Commission or its designated agent shall inspect the plumbing in every building
or premises in this Village at prescribed intervals to ensure that the plumbing
system was installed and maintained in such a manner as to safeguard the
potable water supply by preventing backflow into the potable water supply
system. The Water Commission or its
designated agent 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 Water Commission or its designated agent,
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. [Amd. LL #30,
2000, 6/21/2000.]
§ 45.42 Right
of entry
The Water
Commission or its designated agent 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. [Amd. LL#30, 2000, 6/21/2000.]
§ 45.43 Responsibility
for multiple dwellings and commercial and
industrial
buildings
The Water
Commission or its designated agent may require the owner of any multiple
dwelling or commercial or industrial building to designate some qualified
person to be in charge of the water supply for that building.
§ 45.44 Definitions
When used
in this Article, unless otherwise indicated, the following words shall have the
meaning indicated:
Supp. #5, 1/29/2001
§ 45.44 MUNICIPAL
CODE
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.
APPROVED: Accepted by the Village and by the
Department of Health where required, as meeting 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 Village water supply which may be available in the building or
on the premises.
BACKFLOW: 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.
BACKSIPHONAGE: Backflow resulting from negative pressures
in the distributing pipes of the potable water supply.
BAROMETRIC
LOOP: A loop of pipe rising
approximately thirty five (35) feet, at its topmost point, above the highest
fixture it supplies.
CHECK
VALVE: A self-closing device which id
designed to permit the flow of fluids in one (1) direction and to close if
there is a reversal of flow.
CONTAMINATION: See "pollution".
CROSS-CONNECTION: Any physical connection between a potable
water supply and any waste pipe, soil pipe, sewer, drain or any unapproved
source or system. Furthermore, a
"cross-connection" is any potable water supply outlet which is
submerged or can be submerged in wastewater and/or any other source of
contamination. See "backflow"
and "backsiphonage".
DRAIN: Any pipe which carries wastewater 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
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.44
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 creates or 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 in the 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.
INLET: 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 line of the
premises: and water-treating or water-using equipment.
POLLUTION: 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.
VACUUM: Any pressure less than that exerted by the
atmosphere.
VACUUM
BREAKER, NONPRESSURE-TYPE: A vacuum
breaker which is
Supp. #5, 1/29/2001
§ 45.44 MUNICIPAL
CODE
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,
NONPOTABLE: Water which is not safe for
human consumption or which is of questionable potability.
WATER,
POTABLE: Any water which complies with
the provisions of (10 NYCRR 72) Part 72 (Drinking Water Standards) of the
Administrative Rules/Regulations of the New York State Commissioner of Health.
VILLAGE: The Village of Mineola and the Water
Commission and employees of said Village vested with the authority and
responsibility for the enactment and enforcement of this Article. [Amd. LL #30,
6/21/2000.]
§ 45.45 Technical
requirements
A. Generally.
A potable
water supply system shall be designed, installed and maintained in such a
manner as to prevent contamination from nonpotable water, liquids, solids or
gases from being introduced into the potable water supply through
cross-connections or any other piping connections to the system.
B. Cross-connections prohibited; exception.
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.
C. Interconnections.
Interconnection
between two (2) or more public water supplies shall be permitted only with the
written approval of the Water Commission and the New York State Department of
Health. [Subd. C. amd. LL #30, 6/21/2000.]
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.44
D. Individual water supplies.
Cross-connections
between an individual water supply and a potable public supply shall not be
made unless specifically approved by the Water Commission or its designated
agent and the New York State Department of Health. [Subd. D. amd. LL #30,
6/21/2000.]
E. Connections to boilers.
Potable
water connections to boiler feed water systems shall be made through an air gap
or provided with an approved backflow preventer (reduced-pressure principal or
double-check double-gate valves).
F. Prohibited connections to fixtures and
equipment.
Connection
to the potable water supply system for the following is prohibited, unless
protected against backflow in accordance with Subd. H or as set forth as
follows:
1. Bidets.
2. Operating, dissection, embalming and
mortuary tables or similar equipment.
In such installation the hose used for the water supply shall terminate
at least twelve (12) inches away from every point of the table or attachments.
3. Pumps for nonpotable water, chemicals or
other substances. Priming connections
may be made only through an air gap.
4. Building drainage, sewer or vent systems.
5. Any other fixture of similar hazard.
G. Refrigerating unit condensers and cooling
jackets.
Except
where potable water provided for a refrigerator condenser or cooling jack is
entirely outside the piping or tank containing a toxic refrigerant and two (2)
separate thicknesses of metal separate 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 at five (5) pounds per square inch above the maximum water pressure at
the point of installation,
Supp. #5, 1/29/2001
§ 45.44 MUNICIPAL
CODE
shall be provided if the refrigeration unit contains
more than twenty (20) pounds of refrigerants.
H. Protection against backflow and
backsiphonage.
1. Water outlets.
A potable
water system shall be protected against backflow and backsiphonage by providing
and maintaining at each outlet:
a. Air gap: An air gap, as specified in Subdivision 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
b. Backflow preventer:
An approved backflow preventer device or vacuum breaker to prevent the
drawing of contamination into the potable water system.
2. Minimum required air gap.
a. 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.
b. 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 (3) times the
effective opening away from a wall or
similar vertical surface, in which case the minimum required air gap shall be
three (3) times the effective opening of the outlet. In no case shall the minimum required air gap be less than shown
in the following table:
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.45
Minimum Air Gaps for
Generally Used
Plumbing
Fixtures
Minimum Air Gap
(Inches)
When
Not When
Affected Affected
by
Near by Near
Fixture Wall(1) Wall (2)
Lavatories and other fixtures with
1.0 1.50
effective
openings not greater
than 1/2
inch in diameter
Sink. laundry trays, goose-neck bath 1.5
2.25
faucets and other fixtures with
effective
openings not greater than
3/4 inch
in diameter
Over rim bath fillers and other fix- 2.0
3.0
tures with
effective openings not
greater
than 1 inch in diameter
Drinking water fountains- single ori- 1.0
1.5
fice,
7/16 (0.437) inch in diameter,
or
multiple orifices having a total
area of
0.150 square inch (area of
circle
7/16 inch in diameter)
Effective openings greater than 1 (3)
(4)
inch
Notes:
(1) Side walls, ribs or similar
obstructions do not affect air gaps when spaced from the inside edge of the
spout opening a distance greater than three (3) times the diameter of the
effective opening for a single wall, or a distance greater than four (4) times
the diameter of the effective opening for two (2) intersecting walls.
(2) Vertical walls, ribs or similar
obstructions extending from the water surface to or above the horizontal plane
of the spout opening require a greater air gap when spaced closer to the
nearest inside edge of spout opening than specified in Note (1) above. The effect of three (3) or more such
vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the
wall.
(3) Two (2) times diameter of
effective opening.
(4) Three (3) times diameter of
effective opening.
Supp. #5, 1/29/2001
§ 45.45 MUNICIPAL CODE
3. Approval of devices.
Before any
device for the prevention of backflow or backsiphonage is installed, it shall
have first been approved, in writing, by the Water Commission or its designated
agent. 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 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.
The Water Commission or its designee shall inspect annually such devices
and, if found to be defective or inoperative shall immediately notify the
owner, in writing, to immediately repair or replace the defective or
inoperative device. [Am. LL #30, 2000,
6/21/2000.]
4. Installation of devices.
a. Vacuum breakers. Vacuum breakers shall be installed with the critical level at
least six (6) inches above the floor 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.
b. Reduced-pressure-principle backflow
preventer. A
reduced-pressure-principle-type backflow preventer may be installed, subject to
full static pressure.
c. Devices of all types. Backflow and backsiphonage 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.
5. Tanks and vats; below rim supply.
a. 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 that given in the table below, the
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.45
overflow
pipe shall be provided with a gap as close to the tank as possible.
Sizes of Overflow Pipes
for Water Supply Tanks
Diameter
of
Maximum
capacity of Water Overflow
Supply Line to Tank Pipe
(gallons per minute) (inches ID)
0 to
50 2
50 to 150 2 1/2
100 to 200
3
200 to 400
4
400 to 700
5
700 to 1,000 6
Over 1,000 8
b. The potable water outlet to the tank or vat
shall terminate a distance not less than one and one-half (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.
c. The distance from the outlet to the higher
water level shall be measured from the critical point of the potable water
supply outlet.
6. Protective devices required.
a. The design criteria for physical
connection control devices shall be as shown in the table below:
Supp. #5,1/29/2001
§ 45.45 MUNICIPAL
CODE
Design Criteria for
Physical Connection
Control
Devices
Control Devices
Conditions A.G. R.P.D.
D.C.A. A.V.B. P.V.B.
Any physical connection which
may be subject to backpre-
sure involving:
Hazardous
substances* X X
Nonhazardous
substances** X X
X
Any physical connection not
subject to backpressure in-
volving:
Hazardous
substances* X X X X
Nonhazardous
substances** X X
X X X
Notes:
A.G. = air gap
R.P.D. = reduce-pressure device
D.C.A. = double-check valve assembly
A.V.B. = atmospheric vacuum breaker
P.V.B. = pressure vacuum breaker
*A "hazardous substance" includes
sewage, ethal chemicals or other substances which, if introduced into the
public water supply system, would or may endanger the health of the consumer.
**A "nonhazardous substance" would not
endanger the health of the consumer, but would be a nuisance if introduced into
the public water supply system.
b. The Water Commission or its designee 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. [Subpar. b. amd. LL #30, 2000, 6/21/2000.]
b.
Approved devices to
protect against backflow and backsiphonage shall be installed at all fixtures
and equipment where backflow and/or backsiphonage 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.
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.45
d. 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 table below.
Cross-Connections Where
Protective Devices are Required
and Critical Level (C‑L)
Setting for Vacuum Breakers*
Fixture or Equipment Method
of Installation
Aspirators and ejectors C‑L at least 6 inches above flood level of
receptacle served
Dental units On models without built‑in vacuum breakers, C‑L at least 6
inches
above flood level rim of bowl
Dishwashing machines C‑L at least 6 inches above flood level of
machine. Install on both hot and cold
water supply line
Flushometers (closet and C‑L at least 6 inches above
top urinal) of fixture supplies
Garbage can cleaning C‑L at least 8 inches above flood machine level of machine. Install on both
hot and cold water supply lines
Hose outlets C‑L at least 6 inches above
highest point on hose line
Laundry machines C‑L at least 6 inches above flood level of
machine. Install on both hot and cold water
supply
lines
*"Critical level" (C‑L) is
defined as the level to which the vacuum breaker may be submerged before
backflow will occur. Where the C‑L is not shown on the preventer, the
bottom of the device shall be taken as the C‑L.
§ 45.45 MUNICIPAL CODE
Fixture or Equipment Method of Installation
Lawn sprinklers C‑L at least 12 inches above
highest sprinkler or discharge outlet
Steam tables C‑L at least 6 inches above flood level
Tank and vats C‑L at least 6 inches above flood level rim or line
Trough urinals C‑L at least 30 inches above
perforated flush pipe
Flush tanks Equip with approved ball cock. Where ball cock touches tank water,
equip with vacuum breaker at least 1 inch above
overflow
outlets. Where ball cock does not touch tank water, install ball
cock outlet at least 1 inch above overflow outlet or
provide vacuum breaker as
specified above
Hose bibbs (where aspirators C‑L at least 6 inches above
flood or ejectors could be level of receptacle served.
connected)
e. 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 backflow or backsiphonage 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 table below.
WATER
REGULATIONS § 45.46
Partial List of
Cross-Connections Which May
Be Subject to
Back Pressure
Chemical
lines
Dock
water outlets
Industrial
water supplies
Industrial
process water lines
Pressure
tanks
Pumps
Steam
lines
Swimming
pools
Tank
and vats, bottom inlets
Hose
bibbs
7. Barometric loop. Water connections where an actual or potential backsiphonage
hazard exists may, in lieu of devices specified in Paragraph 6, be provided
with a barometric loop. Barometric
loops shall precede the point of connection.
8. Double-check double-gate valves. Approved double-check double-gate valve
assemblies with test cocks may be installed 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.
9. 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 twenty (20) 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.
§ 45.46 Maintenance
A. General requirements.
It shall be
the responsibility of the 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.
Supp. #5, 1/29/2001
§ 45.46 MUNICIPAL
CODE
B. Backflow Preventers.
Annual
testing and inspection schedules shall be established by the Water Commission
or its designated agent for all backflow prevention devices. 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 when
approved by the Water Commission or its agent. Testing shall be conducted by an
approved plumber and the device shall bear an inspection certification tag
indicating the date of inspection and the name and address of the plumber who
conducted such inspection. [Subd. B. amd. LL #30, 2000, 6/21/2000.]
C. Commercial buildings.
All
commercial buildings within the Village of Mineola shall be required to install
a double-check valve device at the meter.
§ 45.50 Violations
and penalties
A. Notice of violation; failure to abate.
The Water
Commission or its agent shall notify, by written notice, the owner or
authorized agent of the owner of the building or premises in which there is
found a violation of this Article, of such violation. The Water Commission or its agent shall set a reasonable time for
the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end
of the specified time interval, the Water Commission may, if in its judgment a
potential health hazard exists, cause the water service to the building or
premises to be terminated.
B. Fine.
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 time set by the Water Commission or
its agent shall, upon conviction of the court, be subject to and required to
pay a fine not in excess of Five Hundred Dollars ($500.00) for each violation,
and each day of failure to
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.52
comply with the requirements of this Article
after the specified time provided under Subd. A of this Section shall
constitute a separate violation. [§ 45.50 amd. LL #30, 2000, 6/21/2000.]
ARTICLE
IV
WATER CONSERVATION
AND MANAGEMENT
§ 45.51 Legislative
Findings
It is the
specific determination of the Water Commission of the Incorporated Village of
Mineola that a failure to conserve and comprehensively manage the water supply
within the Village would pose a potential threat to the safety and well-being
of its citizens. Accordingly, the Water
Commission declares the instant comprehensive management/conservation program,
which is designed to regulate and limit the use of water throughout the Village
and to provide for the enforcement of such program since it is the express
purpose of the Village to conserve, protect and manage the waters within its
jurisdiction. This determination has
been made in connection with the directives of the New York State Department of
Environmental Conservation which imposed restrictions upon water pumpage and in
view of the fact that the water supply of the Village is dependent upon a sole
source aquifer system which serves domestic, industrial, commercial and/or
recreational needs of all persons who reside or work in the Village. [Amd. LL 30,
2000, 6/21/2000.]
§ 45.52 Lawn
Sprinkling
A. Restrictions.
During the
hours from 10:00 A.M. to 4:00 P.M., no person shall water, hose, sprinkle or
otherwise irrigate any outdoor lawn, field, garden, hedge or shrub except in
accordance with the following:
1. Persons occupying residences or other
establishments with even-numbered addresses may water, hose, sprinkle or
otherwise irrigate other than during the above hours on even-numbered days of
the month.
2. Persons occupying residences or other
establishments with odd-numbered addresses may water, hose, sprinkle or
otherwise irrigate other than during the above hours on odd-numbered days of
the month.
Supp. #5, 1/29/2001
§ 45.52 MUNICIPAL
CODE
3. Persons occupying residences or other
establishments without numbered addresses may water, hose, sprinkle or
otherwise irrigate other than during the above hours on even-numbered days of
the month.
4. Provided further that nothing in this
Section shall be construed to limit, restrict or prohibit irrigation of any
sort which is done by means of water obtained from sources other than the sole
source aquifer system located below Nassau County.
B. Automatic Sprinkler Systems.
The
following restrictions shall apply to automatic sprinkler systems:
1. All newly installed systems must have
moisture sensors approved by the Department of Building and Code Enforcement of
the Incorporated Village of Mineola.
2. All existing systems without moisture
sensors approved by the Building Department must be retrofitted by June 1,
1989.
3. All
systems currently in operation but which have been installed without a permit
from the Department of Building and Code Enforcement of the Incorporated
Village must obtain such permit within one (1) year from March 7, 1989.
§ 45.53 Air-Conditioning
Systems
The
following restrictions apply to all air conditioning systems located within the
Village.
A. All existing commercial and industrial
water-operative air conditioning system, refrigeration or other water cooling
equipment, shall be equipped with a water-recycling system or be converted to
an air-operative system forthwith.
B. All commercial and industrial
water-operative air conditioning systems, refrigeration or other water cooling
equipment, for which building permits have not been issued shall be equipped
with a water-recycling system.
§ 45.54 Fire
Hydrant Usage
No fire
hydrant shall be operated or utilized without the prior
Supp. #5, 1/29/2001
WATER
REGULATIONS § 45.57
receipt of a permit therefor from the Water
Department of the Incorporated Village of Mineola. The Department shall from
time to time promulgate a schedule of fees for such usage. This Section does
not apply to Fire Departments and to Departments of the Incorporated Village of
Mineola.
§ 45.55 Miscellaneous
Restrictions
The
following additional restrictions are placed upon water use:
A. Car‑washing within the Village, whether
performed on residential or commercial premises, or on any streets adjacent
thereto, shall be performed only with hoses fitted with spray nozzles equipped
with an automatic shut‑off.
B. The use of water for washing down driveways,
sidewalks, or walkways is hereby prohibited.
§ 45.56 Enforcement
The
Enforcement Officer designated in Chapter 3 of this Municipal Code, the
Superintendent of Public Works, and the Water Plant Operations Supervisor are
hereby designated as persons in power to enforce the provisions of this Article
and are further hereby authorized to issue appearance tickets pursuant to
Section 150.20 of the Criminal Procedure Law.
§ 45.57 County
Ordinance
Any
conflicts between this Article and Nassau County Ordinance No. 248‑A‑1987
shall be resolved in favor of the Nassau County Ordinance, which ordinance
shall control with regard to matters not covered by this Article and with
regard to any provision of this Article which is less restrictive than such
ordinance.
ARTICLE
V
VIOLATIONS AND
PENALTIES
§ 45.100 Violations
and penalties
Unless
otherwise specifically prescribed in this Chapter, a violation of any provision
of this Chapter shall be punishable as provided in § 1.10 of this Municipal
Code.
Annotations. See p. 45.12.