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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by increasing the threshold for boiler registrations from 2.8 million btu (mbtu) per hour to 4.2 mbtu per hour. In order to ensure that boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour are still subject to certain standards, including a combustion efficiency test, modified standards have been established in a new Section 2-05 (“Application for Registrations”). This newly created section sets forth the criteria that a registration that ranges from 2.8 mbtu per hour to 4.2 mbtu per hour must meet.

This rule also requires that these registrations are subject to the field verification process requirements set forth in Section 2-06.

Consistent with the above, DEP has amended Chapter 2 of Title 15 of the Rules of the City of New York, to apply certain standards for boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour, which were previously defined as certificates of operation and are now defined as registrations. Subjecting these boilers to the performance requirements set forth in this section will help to regulate and control emission sources.

The Rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-105, and 24-109(b) of the Administrative Code.

Effective Date: 
Mon, 06/13/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

The New York City Department of Environmental Protection (“DEP” or “Department”) is adopting amendments to the rules “Governing and Restricting the Use and Supply of Water” (15 RCNY §20-01 et seq.), to reflect changes in technology and practice related to the installation, repair, and maintenance of water services and service connections, and to the selection, sizing, and use of water meters. The amendments also update rules for outdoor and indoor water use, and modernize the process for issuing permits to companies performing water meter testing or repairs.

 

These changes reflect Department efforts to reduce system leakage, incorporate the use of new technologies and products, update policies concerning outdoor water use, and eliminate outdated rules and specifications.  The amendments were developed partly in response to recommendations from oversight agencies, trade and professional organizations, and members of the public at large.

 

Subdivision (a) of Section 20-01 is amended to require a permit for water meter accuracy testing and repair prior to commencement of such testing and repair, and a permit for companies to perform water meter accuracy tests.  

 

Subdivision (a) of Section 20-02 is amended to clarify that one tax lot cannot supply water to another tax lot.

 

Subdivision (b) of Section 20-03 is amended to specify requirements for approving new internal water mains, and to require that a property with an internal water main have a water meter and backflow prevention device placed at or near the property line.

 

Subdivisions (e), (g), and (h) of Section 20-04 are amended, and subdivision (i) is repealed, to reference technical standards for backflow prevention designs, revise testing requirements for backflow prevention devices, match requirements for water hammer arresters and suction tanks with the New York City Plumbing Code, and eliminate the use of separation or section valves.

 

Subdivisions (a), (b), (d), (e), (i), (k), (l), and (r) of Section 20-05 are amended to clarify metering requirements, standards and permits for companies performing meter tests, and proper applications for certain meter technologies; update minimum meter equipment specifications and individual metering requirements for condominiums; and specify locations for Automatic Meter Reading equipment.

 

Subdivision (a) of Section 20-06 is amended to reflect recently enacted changes to the Plumbing Code (Local Law 54 of 2010) that ban the use of once-through water cooled equipment for all purposes except for ice makers producing no more than 500 pounds of ice per day.

 

Subdivision (a) of Section 20-08 is amended to specify performance standards for equipment used for sidewalk washing, and to eliminate the existing requirement that prohibits serving water in a restaurant unless a patron asks for it.  This requirement remains in Chapter 21 of the Rules, the Drought Emergency Rules.

 

Section 20-10, the Glossary, is amended by adding six new definitions and revising two definitions.

 

Finally, Figures 7, 7A, 7B, 8, 9, 9A, 10, 10A, and 11 through 17 are updated. New Figures 16A, 16B, 16C, 18, 19, 20, and 21 are added to clarify requirements for outdoor meter pit installations and meters installed in or adjacent to indoor pits.

Effective Date: 
Sat, 02/22/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 23, 2013
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“DEP” or “Department”) proposes to amend the rules “Governing and Restricting the Use and Supply of Water” (15 RCNY §20-01 et seq.), to reflect changes in technology and practice related to the installation, repair, and maintenance of water services and service connections, and to the selection, sizing, and use of water meters. The proposed amendments also update rules for outdoor and indoor water use, and modernize the process for issuing permits to companies performing water meter testing or repairs.

These changes reflect Department efforts to reduce system leakage, incorporate the use of new technologies and products, update policies concerning outdoor water use, and eliminate outdated rules and specifications. The amendments were developed partly in response to recommendations from oversight agencies, trade and professional organizations, and members of the public at large.

Subdivision (a) of Section 20-01 is amended to require a permit for water meter accuracy testing and repair prior to commencement of such testing and repair, and a permit for companies to perform water meter accuracy tests.

Subdivision (a) of Section 20-02 is amended to clarify that one tax lot cannot supply water to another tax lot.

Subdivision (b) of Section 20-03 is amended to specify requirements for approving new internal water mains, and to require that a property with an internal water main have a water meter and backflow prevention device placed at or near the property line.

Subdivisions (e), (g), and (h) of Section 20-04 are amended, and subdivision (i) is repealed, to reference technical standards for backflow prevention designs, revise testing requirements for backflow prevention devices, match requirements for water hammer arresters and suction tanks with the New York City Plumbing Code, and eliminate the use of separation or section valves.

Subdivisions (a), (b), (d), (e), (i), (k), (l), and (r) of Section 20-05 are amended to clarify metering requirements, standards and permits for companies performing meter tests, and proper applications for certain meter technologies; update minimum meter equipment specifications and individual metering requirements for condominiums; and specify locations for Automatic Meter Reading equipment. Subdivision (a) of Section 20-06 is amended to reflect recently enacted changes to the Plumbing Code (Local Law 54 of 2010) that ban the use of once-through water cooled equipment for all purposes except for ice makers producing no more than 500 pounds of ice per day.

Subdivision (a) of Section 20-08 is amended to specify performance standards for equipment used for sidewalk washing, and to eliminate the existing requirement that prohibits serving water in a restaurant unless a patron asks for it. This requirement remains in Chapter 21 of the Rules, the Drought Emergency Rules.

Section 20-10, the Glossary, is amended by adding six new definitions and revising two definitions.

Finally, Figures 7, 7A, 7B, 8, 9, 9A, 10, 10A, and 11 through 17 are updated. New Figures 16A, 16B, 16C, 18, 19, 20, and 21 are added to clarify requirements for outdoor meter pit installations and meters installed in or adjacent to indoor pits.

Material being deleted is shown below in [brackets] and material being added is underlined.

Subject: 

A Rule Governing and Restricting the Use and Supply of Water.

Location: 
DEP 6th Floor Hearing Room
59-17 Junction Boulevard 6th Floor
Flushing, NY 11373
Contact: 

Russell Pecunies
russellp@dep.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 9, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

Intentional hyperventilation and competitive, repetitive or prolonged underwater swimming or breath-holding can be dangerous. During these activities the levels of oxygen and carbon dioxide in the body can drop, delaying the breathing reflex. Coupled with the lack of oxygen to the brain, a swimmer can lose consciousness and drown.

 

The Department has identified four drowning incidents in New York City and 12 other incidents in New York State between 1988 and 2011 that were confirmed or suspected to have been caused by a loss of consciousness underwater due to lack of oxygen caused by intentional hyperventilation or by competitive, repetitive or prolonged underwater swimming or breath-holding. Four of the sixteen swimmers involved died in incidents associated with intentional hyperventilation. Yet, many swimmers are unaware of the risks associated with these activities.

 

The Department has also studied relevant policies, practices and guidance of multiple jurisdictions and organizations with respect to these specific swimming behaviors. Several jurisdictions require pool operators to post signs regarding the risks associated with prolonged breath-holding activities and extended underwater swimming. These signage requirements can be found in the rules of local governmental jurisdictions that regulate pool facilities and in the policies of large governmental entities and non-governmental organizations that own and operate pool facilities. Additionally, governmental agencies and safety awareness organizations have developed guidance and educational material that promotes swimming behavior rules and/or signage requirements to reduce the risks of the above activities.

 

Article 165 of the Health Code addresses bathing establishments, including swimming pools. The Department is proposing that this article be amended to require that the operators of bathing establishments discourage intentional hyperventilation and competitive, repetitive or prolonged underwater swimming or breath-holding, but if allowed, only under supervision in accordance with the pool’s approved pool safety plan. The amendments would also require all pool operators to post signage advising swimmers that these activities are dangerous.

 

The Department also proposes to require pool operators to update their safety plan when there are programing or operational changes at the facility and/or as directed by the Department.

 

 

PROPOSED CHANGES TO THE HEALTH CODE

 

The following changes to Article 165 are proposed:

 

       §165.19 - Pool Safety Plan – The proposed amendments would require a pool’s safety plan to be updated when there are changes to operations or conditions and/or as directed by the Department.

 

       §165.21 (l) - Facility Operating Policy – The proposed amendments would add a provision stating that intentional hyperventilation and competitive, repetitive or prolonged underwater swimming or breath-holding be discouraged, and permitted only when supervised in accordance with a pool safety plan approved pursuant to §165.19.

 

       §165.41(u)(2)(k) - Safety and Warning Signs – The proposed amendments would add a requirement to include a sign warning that intentional hyperventilation and competitive, repetitive or prolonged underwater swimming or breath-holding are dangerous and can be deadly. This rule will take effect 90 days after adoption by the Board of Health.

 

 

Subject: 

Opportunity to comment on the proposed amendment of Article 165 of the New York City Health Code, related to swimming pools.

Location: 
New York City Department of Health and Mental Hygiene
42-09 28th Street 14th Floor, Room 14-44
Queens, NY 11101
Contact: 

Rena Bryant
New York City Department of Health and Mental Hygiene Board of Health
Secretary to the Board of Health
42-09 28th Street, CN31
Queens, NY 11101
(347) 396-6071

Download Copy of Proposed Rule (.pdf):