New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXXIII - Buffalo Water Board › Part 10085 - Buffalo Water Board Regulations › Section 10085.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context specifically indicates otherwise, the meaning of terms used in this
				Part shall be as follows:
(1) Acceptable
				backflow prevention device means an air gap, reduced pressure zone device,
				double-check valve assembly, or equivalent protective device acceptable to the
				commissioner, designed to prevent or contain potential contamination of the
				water system, by means of cross-connection control.
(2) Act or water board act means the Buffalo
				Municipal Water Finance Authority Act, codified as section 1048-a et seq. of
				title 2-B of article 5 of the New York State Public Authorities Law.
(3) Aesthetically objectionable facility
				means a facility in which substances are present which, if introduced into the
				public water supply system, could be a nuisance to other users, but would not
				adversely affect human health. Typical examples of such substances are: food
				grade dyes, hot water, stagnant water from fire lines in which no chemical
				additives are used, and similar substances as the commissioner may determine
				from time to time.
(4) Air gap or
				air gap separation means a physical separation between the discharge end of a
				potable water supply and an open or nonpressure receiving vessel. An accepted
				air gap separation shall be at least double the diameter of the supply pipe
				measured vertically above the flood rim of the vessel, in no case less than one
				inch.
(5) Applicant means any
				person making a request for any service to be rendered or furnished by the
				water board.
(6) Approved water
				supply means any water supply approved by the State Health Department, or any
				other State agency or political subdivision with jurisdiction for public water
				supplies.
(7) Backflow means the
				flow of water or other liquids, mixtures, or substances into the distributing
				pipes of a potable supply of water from any source or sources other than its
				intended source. Back-siphonage is one type of backflow.
(8) Back-siphonage means backflow resulting
				from negative pressure in the distribution pipes of a potable water
				supply.
(9) Board or water board
				means the Buffalo Water Board established pursuant to section 1049 of the Water
				Board Act, and its directors, employees, agents, together with any authorized
				contractor or any other person acting with written authority on behalf of the
				board.
(10) Board schedule of rates
				means a schedule of rates, fees and other charges established at least annually
				and as modified from time to time by the water board.
(11) Board service connection means the
				corporation cock used to supply water to any premises and which is installed on
				the water board's distribution pipe or water main to allow for water service to
				the user service connection.
(12)
				Builder, contractor or developer means any person owning or having an interest
				in a plot or tract of land who applies for a water service to such premises
				which is intended to be sold, conveyed or leased by said person to an owner or
				occupant.
(13) Building means any
				structure used or intended for supporting or sheltering any use or
				occupancy.
(14) Certified backflow
				prevention device tester means a person who is examined annually by Erie County
				Health Department, found competent for the testing of backflow prevention
				devices, and in possession of an identification card certifying that such
				person is authorized to perform such tests.
(15) Check valve means a self-closing device
				which is designed to permit the flow of fluids in one direction and to close if
				there is a reversal of flow.
(16)
				City of Buffalo or the City means the City of Buffalo, New York, its public
				officers, employees and agents, together with any authorized contractor and any
				other person acting with written authority on behalf of the city.
(17) City Code means the Charter and
				Administrative Code of the City of Buffalo, New York, as amended from time to
				time.
(18) Commissioner and
				department mean, without other designation, the Commissioner of Public Works,
				Parks and Streets of the City of Buffalo, or other public officer or persons
				designated by the commissioner or the city to act in his or her stead, and the
				Department of Public Works, Parks and Streets of the City of Buffalo, and any
				divisions thereof, established by the city, respectively.
(19) Containment means cross-connection
				control which isolates the user's entire premises from the public water system
				so as to provide the protection necessary to prevent contamination of the
				public water supply in the event of backflow from the user's
				premises.
(20) Contamination,
				contaminant or pollution means the presence of any substance or matter,
				including but not limited to, physical, chemical, organic, inorganic,
				radiological, or biological in water.
(21) Cross-connection means any physical
				connection through which the water supply could become contaminated, or a
				connection between a potable water supply and any waste pipe, soil pipe, sewer,
				drain, or any unapproved source or system. It includes any potable water supply
				outlet which is submerged or can be submerged in wastewater and/or any other
				source of contamination.
(22)
				Double-check valve assembly means an assembly of at least two independently
				acting acceptable check valves, including tightly closing shutoff valves
				located at each end of the assembly with suitable connections for testing the
				water tightness of each check valve.
(23) Dwelling means any building that
				contains one or more dwelling units used, intended, or designed to be used,
				rented, leased, let or hired out to be occupied for living purposes.
(24) Dwelling unit means one or more rooms
				with provisions for living, sanitary and sleeping facilities arranged for such
				use by one or more persons or a family.
(25) Fine or penalty means a sum of money or
				other thing of value imposed as a penalty for violation of these
				regulations.
(26) Health hazard
				means an existing or imminent condition which can be responsible for or cause
				illness, injury or death and for which immediate corrective or remedial action
				is required, including but not limited to the public health hazards set forth
				in 10 NYCRR section 5-1.1.
(27)
				Nonpotable water means water that is not safe for human consumption, or that
				does not constitute potable water.
(28) Occupant means the person actually in
				possession or control of any premises or part thereof.
(29) Owner means the person who has legal or
				equitable title to any premises.
(30) Permit means a document or certificate
				issued by the water board, the city, commissioner, public officer of the city
				or any other authorized person having jurisdiction which authorizes performance
				of a specified activity or activities.
(31) Person means any natural person, firm,
				trustee, executor, personal representative, partnership, association, limited
				partnership, limited liability company, limited liability partnership, joint
				venture or corporation, or other legal entity whatsoever. The masculine gender
				shall include the feminine, and the singular shall include the plural where
				indicated by the context.
(32)
				Potable water means water free from impurities in amounts sufficient to cause
				disease or harmful physiological effects. Its bacteriological and chemical
				quality shall conform to the requirements of the Erie County Health Department
				and the State Health Department.
(33) Premises means any property or location
				whether or not occupied by one or more dwelling units or other structures and
				shall include the entire front footage thereof as determined by the
				commissioner, abutting on a street where water service is requested or
				furnished for any part thereof.
(34) Real cost means the total direct and
				indirect costs of labor, material, equipment and handling, including overhead
				costs, incurred by the water board or the city, as the case may be, in
				providing water system related services to premises served by the water system,
				users, the public or persons who request such services.
(35) Reduced pressure zone device or RPZ
				device means a device containing a minimum of two independently acting check
				valves, together with an automatically operated pressure differential relief
				valve located between the two check valves. During normal flow and at the
				cessation of normal flow the pressure between these two checks shall be less
				than the upstream (supply) pressure. In case of leakage of either check valve,
				the differential relief valve, by discharging to the atmosphere, shall operate
				to maintain the pressure between the checks at less than the supply pressure.
				The unit must include tightly closing shutoff valves located at each end of the
				device, and each device shall be fitted with properly located test
				cocks.
(36) State means the State
				of New York, and any of its departments, agencies, public officers or employees
				thereof.
(37) Street means all
				rights-of-way dedicated by the city as public rights-of-way and streets, and
				includes every right-of-way or place of whatever nature customarily used by the
				public as a matter of right, not including private rights-of-way or real estate
				under development.
(38) Structure
				means anything that is built or constructed.
(39) Supplemental water means any water
				source or system other than the public water supply that may be available in
				the building or premises.
(40)
				Surge tank means the receiving, nonpressure vessel forming part of the air gap
				separation between a potable and a supplemental or auxiliary supply.
(41) User or consumer means any person or
				property that receives or uses water from water facilities of the water
				board.
(42) User or owner service
				connection means the pertinent service pipes, valves, fittings or other
				equipment that connect from the board service connection to a building or
				user's premises, as the case may be.
(43) Water facility or water facilities or
				water supply system or water system means any plants, structures and other
				property, real, personal or mixed, acquired, rehabilitated, constructed or
				planned for the purpose of accumulating, storing, supplying, transmitting,
				treating or distributing water, including, but not limited to, surface or
				groundwater reservoirs, basins, dams, canals, aqueducts, aqueduct taps,
				standpipes, conduits, pipelines, interceptors, mains, pumping stations, pumps,
				water distribution systems, compensating reservoirs, intake stations,
				waterworks or sources of water supply, wells, purification or filtration plants
				or other treatment plants and works, contract rights, franchises, approaches,
				connections, permits, water meters, rights of flowage or diversion and other
				plants, structures, equipment, vehicles, conveyances, real or personal property
				or rights therein and appurtenances thereto necessary or useful and convenient
				for the accumulation, supply, transmission, storage, treatment or distribution
				of water.