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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 14, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

Background

Administrative Code § 17-194 provides that any owner of a building that has a water tank as part of its drinking water supply system must have it inspected at least once annually and requires the inspection to comply with applicable provisions of the New York City Health Code (“Health Code”). Inspection results must be recorded in a manner prescribed by the Commissioner of the Department.

Article 141 of the Health Code regulates certain aspects of the purity and sanitary condition of the City’s potable water supply, including roof top water storage tanks. Water for thousands of New York City buildings is kept in these types of tanks. Health Code §141.07 (“Building Drinking Water Storage Tanks”) requires that these tanks be inspected annually and that the person in control of a building using  water storage tanks keep copies of the inspection records and make them available to the Department upon request.

Owners of buildings with water tanks are required to report annually to the Department the fact that the tanks have been inspected. Requiring annual reporting promotes building owner compliance with the inspection mandate and facilitates the Department’s ability to monitor compliance.  Data from these reports will be made publically available. 

Administrative Code provisions.  Administrative Code § 17-194, enacted as Local Law 11 for the year 2009, provides for the annual inspections of water tanks, with results to be recorded in accordance with Department rules, maintained for five years from the date of inspection, and made available to the Department within five business days of receiving a request. Administrative Code § 17-194(e) allows for penalties of $250 to $1,000 per violation for violations of Administrative Code § 17-194 (b), and for a maximum of $250 per violation for violations of Administrative Code § 17-194 (c).  This proposed rule would set the penalties for these violations within those ranges.

§ 17-194(b) requires that tanks be inspected annually for compliance with applicable laws; results of inspections be recorded in a manner prescribed by the Commissioner; results of inspections be maintained for five years; and results of inspections be made available to the Department within five business days of being requested.

§ 17-194 (c) requires  a building owner to post a notice in a building informing tenants how to obtain the results of inspections.

Health Code provisions.   Health Code Article 141 (“Drinking Water”) supports maintenance of the purity and sanitary condition of the City’s potable water supply. Health Code §141.07 regulates building drinking water storage tanks as follows:

§141.07 (b) requires that owners and other persons in control of buildings serviced by water storage tanks annually inspect the physical condition of tanks and sample tank water for bacteriological quality.   

§141.07(c)  requires written reports of these inspections to be maintained for at least five years, and provided to the Department within five business days of a request by the Department. As of January 1, 2015, documentation of the inspections must be submitted to the Department, indicating whether the results of the inspection were satisfactory.

§141.07(d) requires a building owner to post a notice in a building informing tenants how to obtain the results of inspections.

§141.07(e) requires owners to immediately correct any unsanitary conditions identified in the water tank inspections; to clean the tank when indicated in accordance with Health Code §141.09; and to report any unsatisfactory findings in bacteriological sampling to the Department within 24 hours of receipt of such findings.

§141.07(f) provides that failure to submit reports to the Department when requested, or failure to submit the required annual documentation of an inspection, is prima facie evidence that no inspection was done at that time, and that separate violations may be issued for each year for which a required inspection report was not submitted.  

§141.09 (“Building Water Tank Cleaning, Painting and Coating”) requires that when water storage tanks are cleaned, painted  or coated, that work be done in accordance with industry standards, incorporating appropriate disinfection processes, by a duly qualified person or entity.  

Department rules.  In April 2015, the Department adopted a new Chapter 31 (“Drinking Water Tank Inspections”) of Title 24 RCNY.   Section 31-02(a) of this new chapter requires building owners or their agents to report the results of the annual inspections of their drinking water storage tanks to the Department no later than January 15th of the following year.   

Proposed Changes

The proposed rule amends Chapter 31 to establish a penalty schedule for sustained violations adjudicated at the Office of Administrative Trials and Hearings of the City of New York (OATH).

Notices of violations will be written, and penalties will be requested for each violation related to each drinking water tank in a building, for each year to which the violation applies.  A new section 31-03 provides that penalties set forth in Appendix 31-A must be imposed for sustained violations. Violations related to record keeping will be $250, to be doubled to $500 if the owner or other person served with a notice of violation or a summons fails to appear at a hearing and is found in default. Penalties for failure to conduct inspections and to clean tanks, report conditions or otherwise correct violations are established at $500, and doubled if the owner or other person served with a notice of violation or a summons fails to appear at a hearing and is found in default to $1,000.

Statutory Authority

These amendments to Chapter 31 of Title 24 of the Rules of the City of New York are authorized under §§ 556 and 1043 of the Charter; § 17-194 of the Administrative Code; and §141.07 of the Health Code.  Pursuant to § 556 of the Charter, the Department has jurisdiction to regulate all matters affecting health in the City, 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. Administrative Code § 17-194(b) and Health Code §141.07(b) authorize the Commissioner of the Department to adopt rules for annual water tank inspection recording and reporting.

Subject: 

Penalties for violation of requirements relating to building drinking water tanks

Location: 
NYC Department of Health and Mental Hygiene, Gotham Center
42-09 28 Street 3rd Floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

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.

 

 

Effective Date: 
Mon, 05/04/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, February 24, 2015
Proposed Rules Content: 

 

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 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 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 tanks be inspected annually and that the person in control of a building serviced by a water storage tank keep copies of the inspection records and make them available to the Department upon request.

 

Building owners with 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 proposed rules specify how the recording and reporting of the water tank inspection must be communicated to the Department.

 

Proposed Changes

The following proposed rules will:

·        Allow for both electronic and paper-based reporting of annual 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 water tank inspection result submissions to be no later than January 15 of the following calendar year for which the inspection is due.

·        Provide that water tank inspection documents filed with the Department will be available to the public.

 

Statutory Authority

The Department of Health and Mental Hygiene proposes to amend Title 24 of the Rules of the City of New York as it is authorized to do 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 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.

 

 

Subject: 

Proposed resolution to add new Chapter 31 (Water Tank Inspections) to Title 24 of the Rules of the City of New York. The new Water Tank Inspections chapter will provide rules for the manner and timeframe that building owners or their agents must report the results of their annual inspections of drinking water tanks.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 14th Floor, Room 14-31
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Article 141 of the New York City Health Code concerns the maintenance of the purity and sanitary condition of the City’s potable water supply. Water for thousands of New York City buildings is kept in water storage tanks. Health Code section 141.07 (“Building Drinking Water Storage Tanks”) requires that these tanks be inspected annually and that the person in control of a building serviced by a water storage tank keep copies of the inspection records and make them available to the New York City Department of Health and Mental Hygiene (the “Department”) upon request.

 

This amendment requires owners of buildings with water tanks to report annually to the Department the fact that the tanks have been inspected as required by section 141.07 of the Health Code and section 17-194 of the Administrative Code of the City of New York. The amendment authorizes the Department to issue rules dictating the manner and form of these reports. Requiring annual reporting promotes building owner compliance with the inspection mandate and facilitates the Department’s ability to monitor compliance.  Data from these reports submitted to the Department will be made publically available.

 

The amendment is as follows:

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

Effective Date: 
Mon, 07/21/2014

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, April 21, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

Article 141 of the New York City Health Code (the “Health Code”) concerns the maintenance of the purity and sanitary condition of the City’s potable water supply. Water for thousands of New York City buildings is kept in water storage tanks. Health Code section 141.07 (“Building Drinking Water Storage Tanks”) requires that these tanks be inspected annually and that the person in control of a building serviced by a water storage tank keep copies of the inspection records and make them available to the New York City Department of Health and Mental Hygiene (the “Department”) upon request.

 

This proposed amendment would require building owners to document annually with the Department that their drinking water tanks have been inspected as required by section 141.07 of the Health Code and section 17-194 of the Administrative Code of the City of New York.  The Department would be authorized to indicate by rule the manner and form in which building owners would submit such documentation.

 

This amendment requires owners of buildings with water tanks to report annually to the Department on the fact that the tanks have been inspected as required by the Health Code. The amendment authorizes the Department to issue rules dictating the manner and form of these reports. Requiring annual reporting would promote building owner compliance with the inspection mandate and facilitate the Department’s ability to monitor compliance.  Data from these reports submitted to the Department will be made publically available

Subject: 

Proposed resolution to amend Article 141 of the Health Code to require building owners to demonstrate that the annual inspections of drinking water tanks as mandated by the New York City Health Code and the Administrative Code of the City of New York have been completed, and to authorize the Department to publish rules dictating the manner and form for submitting that documentation.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 3rd Floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov
New York City Department of Health and Mental Hygiene
Gotham Center, 42-09 28th Street, CN 31
Long Island City, NY 11101-4132

Download Copy of Proposed Rule (.pdf):