N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10085.3 - Supply of water

(a) Every dwelling, house, or other building requiring the use of water must be supplied from the water mains of the water board through a separate board service connection; provided that there is a permanent water main immediately in front, rear, or on either side of the premises. The commissioner shall determine the location of any connection to such water main.

(b) If a water main is not existent in the manner above-described, a temporary service may be laid from and connected to the nearest available water main until a permanent water main is installed. Thereafter, when such service must be disconnected from the temporary source and reconnected to the permanent water main within 30 days from the date that water is available in the permanent main. Such disconnection and reconnection shall be made by and at the expense of the owner of the premises supplied, and under the supervision and subject to the written approval of the commissioner.

(c) The water board undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to users, but reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs or extensions, or for other purposes, and the water board shall not be liable for a deficiency or failure in the supply of water, or water pressure, or for any damages caused thereby, or by the bursting or breaking of any main or service pipe or any attachment to the board's water facilities. All users having boilers, hot water heaters, interior piping, etc. upon their premises depending upon the pressure in the water board's pipes to keep them supplied, are cautioned against danger of collapse or bursting and all such damage shall be borne exclusively by the users.

(d) The supply of water to any building, premises or person for any purpose whatsoever is subject to the following conditions:

(1) The water board does not guarantee to the user any fixed or constant pressure, nor a continuous supply, these being subject to the various conditions which may arise in the operation and maintenance of the water facilities.

(2) In case of failure of any water facilities or health hazard, including but not limited to, mains, service, pipes, pumping machinery, reservoirs or other equipment or through the cessation of operation of any pumps by virtue of the electric power being temporarily cut off or discontinued, or for the purpose of testing, extending, repairing or cleaning water mains, service pipes or pump and filter station equipment, water service may be shut off as found necessary by the commissioner, without notice to users and no claim will be considered and the water board will not be liable for damage to service branches, boilers, machinery, plumbing or other fixtures, property or persons arising therefrom.

(3) When determined by the commissioner to be essential for the protection of public health, safety and welfare in periods of drought or emergency, the right is reserved to restrict, curtail or prohibit the use of water for secondary purposes, that is, sprinkling, car washing or filling swimming pools, etc., and the commissioner shall have the right to fix the hours and periods when water may be used for such purposes.

(e) The commissioner shall have the right, upon reasonable notice, to enter and inspect any premises or any part of all premises using water provided by the water board, at any time that he or she may deem necessary or appropriate to, among other things, ensure compliance with these regulations, or when the commissioner has reasonable cause or notice that a violation has occurred or is threatened to occur. For this purpose, any city employee or authorized contractor who may be designated by the commissioner, upon exhibition of proper credentials or badges of the water board or the city, at reasonable hours, shall have free access to such premises. When such access is refused, the water may be turned off at the option of the commissioner, and not turned on again until access is granted and a reactivation fee as identified in the board schedule of rates has been paid to water board and compliance is demonstrated to the satisfaction of the commissioner.

(f) On and after the effective date hereof, whenever application is made for the service of water, the applicant will be required to pay the connection charge prescribed in board schedule of rates for every installation or activation of a water service connection required for the service of water to any premises or any part thereof.

(g) A user service connection, including a curb box and curb stop shall be required for each premises where the total quantity of water delivered and furnished thereto is to be billed and metered to a single consumer. If, however, the quantity of water furnished to a premises are to be separately and individually metered and billed by the water board to the several occupants thereof, then a separate user service connection, including a curb box and curb stop shall be installed for the delivery of water to each part of such premises.

(h) Upon acceptance of an application from an owner or occupant of any premises and upon payment of the applicable charge for the size of a service to be installed as prescribed in the board schedule of rates, the water board will furnish, place, construct, operate, maintain and when necessary, replace, at its own cost and expense, the water service connection to the water board's main. Easement and certificates of title issued by a title company licensed by the State, and acceptable to the commissioner, shall be furnished at the applicant's expense, when necessary for installation or reconnection of all board service connections. All board service connections installed by the water board shall remain the property of the water board.

(i) The owner or user has sole control of the water delivered beyond the board service connection. Neither the city nor the water board is responsible for maintenance, repair or replacement of the pipes, valves, fittings or other equipment that connect from the board service connection to any premises. At its own expense, the owner shall install, maintain and when necessary, replace the user service connection beyond the board service connection together with a valve to be located just inside the building wall, permitting the control of water supply by the owner or user. For this installation and maintenance thereof, the owner or user shall employ a licensed plumber and all work shall be performed in a manner satisfactory to the commissioner. The minimum size, the materials, depth of cover and method of construction shall be as herein specified. If any defects in workmanship or materials are found, or if the owner or user's service connection has not been installed in accordance with such specifications, or with the water board's requirements, water service will either not be turned on or will be discontinued if such defects are not remedied.

(j) No board service connection will be installed by the water board until the user service connection from the premises to the board service connection, including backflow prevention devices, if required, have been installed in a manner satisfactory to the commissioner. The water board may, however, install a board service connection to a premises, provided that the location of the board service connection has been satisfactorily identified to the commissioner, full payment for the proposed board service connection made, a request for water service has been submitted to the commissioner, and the main from which the board service connection is to be installed has been accepted by the water board.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.3