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Use and Supply of Water

Rule status: Adopted

Agency: DEP

Effective date: August 26, 2021

Proposed Rule Full Text
DEP-Proposed-Use-and-Supply-of-Water-Rule.pdf

Adopted Rule Full Text
Ch-20-Amendments-Final.pdf

Adopted rule summary:

Department of Environmental Protection promulgates and adopts amendments to its rules governing and restricting the use and supply of water to clarify language, update references to national standards and local codes, and 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. These amendments also implement Local Law 47 for the year 2016 by establishing DEP’s authority to deny a permit application and to revoke, suspend, cancel, or terminate any previously issued permit due to the non-payment of civil penalties.

Online comments: 11

  • Hershel Weiss -BOMA

    Section 19-(2) modifies the existing document to require curb valves on domestic services 2″ and less. This will raise the cost of replacing a water service by between $1,800 and $3,200, and the DEP water service insurance . The section should limit this requirement to new services and not existing services being replaced. The section should make clear that the new requirement only applies to new only applies to new services.

    Comment added December 29, 2020 3:46pm
  • Hershel Weiss - BOMA

    Section 32-(g)- 3 Will now require prior approval before replacing a BFP. Currently a simple BFP swap can be legalized by filing a GEN215 after the emergency swap has been performed. In the case of a swap there is no degradation of protection, and the DEP is notified by a filing of a GEN after the emergency replacement. I recommend allowing replacements if the DEP is notified in 10 days after the replacement.

    Comment added December 29, 2020 3:53pm
  • Hershel Weiss -Ashokan

    Secti 35-ii uses the term “fire rate meter”. I believe the correct term should be a “Fire rated meter’, with a d.

    Comment added December 29, 2020 3:58pm
  • Hershel Weiss -BOMA

    Page -8 – 5 of of Section 20-02 of title 5 is being modified to clearly define exactly when a service must be installed on block and lot. I applaud the clarity this will bring to the document. However I would request that (5) should be modified to state
    Conversion of a property’s billing from meter to flat-rate or flat rate to meter, unless both property’s sharing the service rates are switched concurrently.

    Comment added December 29, 2020 4:05pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 28. Subdivision (b) of Section 20-04 (Page 19): …Refer to the 2019 [latest] Supplement to the NYSDOH Handbook for Cross Connection Control. [, as revised by DEP.] Suggest using a specific version of the Handbook so as not to chase a moving regulation for uniformity in administration and enforcement .

    Comment added December 29, 2020 5:52pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 32. Subdivision (h) of Section 20-04 [(h) Suction tanks. (1) Domestic water connections to premises with a pumped supply which exceeds 400 gpm (total) must be equipped with either a suction or a surge tank, as required by the Department of Buildings.
    (2) Suction tanks shall have a capacity of 7,500 gallons if the total connected pump capacity is between 400 and 500 gpm, and 10,000 gallons if the total connected pump capacity is 501 gpm or more.
    (3) For premises with a pumped supply greater than 400 gpm and more than one water service pipe, the pumped capacity shall not be divided among the multiple service pipes for the purpose of determining the need for a suction tank.
    Suggest NOT repealing suction tank requirements. Required by all model codes but not clearly specified as above.

    Comment added December 29, 2020 6:01pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 44. Paragraph (5) of subdivision (i) of Section 20-05. …Bolts, studs, nuts, screws and other external fastening devices used from the house valve through the meter outlet valve [shall] must be made of a bronze alloy or stainless steel…
    Agree technically well done. Please consider an informational/outreach prior to implementing as this is a considerable change for all stakeholders.

    Comment added December 29, 2020 6:19pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 50. Section 20-05 (Page 35) is amended by adding a new subdivision (t) to read as follows:
    (t) Ownership of water meters.
    All water meters used for billing purposes are the property of the Department. Failure to return a meter to the Department at the time of replacement or removal is a violation of this rule.
    Please consider an informational/outreach prior to implementing as this is a considerable change for all stakeholders.

    Comment added December 29, 2020 6:25pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 34. Paragraph (2) of Subdivision (a) of Section 20-05 (Page 26) (iii) Unmetered properties with a lead or galvanized metal service pipe shall not be permitted to install a water meter except when accompanied with complete replacement of the lead or galvanized service line.
    Please consider an informational/outreach prior to implementing as this is a considerable change for all stakeholders.

    Comment added December 29, 2020 6:30pm
  • Maurice Cosentino NYC DOB Plumbing Code Committee

    § 35. Subparagraph (ii) of paragraph (5) of subdivision (a) of Section 20-05 (Page 26) (ii) Service [pipes] connections supplying both domestic and fire protection uses: DOB-approved combined services three inches (3”) or larger in diameter [shall] must have either a single fire [service] rate meter at the head of the service or, if separation between domestic and fire service piping branches occurs within sight of the head of the service, a meter approved for domestic service on the domestic service piping branch to domestic end uses and [a double detector check] an approved backflow prevention assembly on the fire service piping branch serving fire protection [equipment] system. Domestic services three inches (3”) or larger in diameter with fire sprinkler heads take off [shall] must use a fire [service] rate meter. Domestic services smaller than three inches (3”) in diameter with fire sprinkler heads take off [shall] must have a meter approved by the Department.
    It is not clear that an approved back-flow prevention assembly is required on the domestic connection.

    Comment added December 29, 2020 6:37pm
  • Hershel Weiss

    My name is Hershel Weiss. I am a mechanical engineer, NYC Master Licensed Plumber, Past President of American Society of Plumbing Engineers (ASPE), member of Building Owners and Managers (BOMA) Plumbing Committee, principal at Ashokan a firm specializing in Meter Reading and Backflow Testing. I have represented ASPE / BOMA at the NYC Plumbing Code Adoption Committee since its inceptions. I cannot intelligently discuss the proposed modifications to RCNY chapter 20 of Title 15 in three minutes but would like to discuss the process. A committee exists to review the NYC Plumbing Code, comprising members of the DOB, FDNY, Con- Ed, National grid, HPD, Housing Authority, SCA, Parks Department, Port Authority, REBNY, BOMA, Master Plumbers Council, Plumbing Foundation, American Society of Plumbing Engineers (ASPE), American Society of Sanitary Engineers, ASHRAE, all the plumbing unions and the largest plumbing and MEP firms and the DEP. We meet to discuss and propose all plumbing code changes. The meetings are well-attended, conducted in a cordial manner and result in a well thought out regulations and buildings codes. This process used to apply to both the Plumbing code and RCNY Chapter 20 of Title 15 , but the DEP has circumvented the process – as being done today.
    I cannot highlight the importance of a committee meeting to discuss each and every modification proposed today, but would like to touch on one sample issue. Years ago, the DEP had a plumbing and subsurface committee. At that committee, the DEP proposed requiring curb valves for domestic services under 2” as is being proposed today. At that time the following objections were raised:
    1) Real estate interest and homeowners was opposed to the cost estimated as an increase of 20- 35% in the price of water main replacement since an additional excavation would have to be created in the sidewalk. I am sure these parties are still opposed to the curb valve requirement, but have not been informed of this hearing. Furthermore, does the water board know that their water main insurance will increase by a third?
    2) The Parks Department was concerned about tree pits.
    3) Landmarks wanted an exemption where streets have bluestone pavers.
    a. None of these concerns are address in this modification
    This is a simple item affecting multiple stakeholders. Other modification being proposed are much more complicated and warrant a conversation with all stakeholders.
    I recommend that the proposed changes be shelved until a committee is convened to review each modification. I called many of the members of NYC’s Plumbing Code committee and they were not aware of today’s meeting. It is time for the DEP to stop operating in the dark. Modifications to the law should not take place in meetings restricted to 3 minutes on New Year’s Eve.

    Happy New Year

    Comment added December 31, 2020 12:03pm

Comments are now closed.