Drinking Water Tank Inspections (new Chapter 31)

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Monday, May 4, 2015
Download Copy of Adopted Rule (.pdf): 

 

Statement of Basis and Purpose

 

 Background

The Administrative Code requires that any owner of a building that has a water tank as part of its drinking water delivery system must have the drinking water tank inspected at least once a year. The inspection must comply with all applicable laws and regulations, including provisions of the Health Code. The results from these inspections must be recorded in a manner set out by the Department’s Commissioner and maintained for at least five years.

Water for thousands of New York City buildings is kept in drinking water storage tanks. The Health Code sets out requirements for maintaining the purity and sanitary condition of the City’s drinkable water supply. The Health Code requires that these drinking water tanks be inspected annually and that the person in control of a building serviced by a drinking water storage tank keep copies of the inspection records and make them available to the Department upon request.

Building owners with drinking water tanks must report annually to the Department after the tanks have been inspected that the inspection has occurred. Annual reporting promotes building owner compliance with the inspection requirement and facilitates the Department’s ability to monitor compliance.  The Department will make data from the reports publically available. These rules specify how the recording and reporting of the drinking water tank inspection must be communicated to the Department.

New Chapter 31 will:

  • Allow for both electronic and paper-based reporting of annual drinking water tank inspection results through either an interactive online form or a printable form available on the Department’s website.
  • Set the deadline for annual drinking water tank inspection result submissions to be no later than January 15 of the following calendar year for which the inspection is due.
  • Make drinking water tank inspection documents filed with the Department available to the public.

 Statutory Authority

The Department of Health and Mental Hygiene is authorized to amend Title 24 of the Rules of the City of New York by sections 556 and 1043 of the New York City Charter, section17-194 of the Administrative Code of the City of New York, and section 141.07 of the New York City Health Code.  Section 556 of the Charter provides the Department jurisdiction to regulate all matters affecting health in the City of New York, and specifically to supervise and regulate the purity and public health aspects of the water supplied in the City.  Section 1043 of the Charter gives the Department rulemaking powers. Subdivision (b) of section17-194 of the Administrative Code authorizes rulemaking by the Commissioner of the Department with regard to annual drinking water tank inspection recording. Subdivision (b) of section141.07 of the Health Code requires the Department to collect reports of such inspections in accordance with its Rules.