New York City Council Header
File #: Int 1157-2018    Version: * Name: Qualifications for persons conducting inspections and maintenance on drinking water tanks.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Health
On agenda: 10/17/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to qualifications for persons conducting inspections and maintenance on drinking water tanks
Sponsors: Mark Levine, Ben Kallos, Ruben Diaz, Sr.
Council Member Sponsors: 3
Summary: This bill would require inspectors and those who perform maintenance work on drinking water tanks be Licensed Master Plumbers, have a certification from the New York State Department of Environmental Conservation for Category 7G pesticide application and have received training in fall protection under requirements set forth by the federal Occupational Safety and Health Administration to do such inspections and work.
Attachments: 1. Summary of Int. No. 1157, 2. Int. No. 1157, 3. October 17, 2018 - Stated Meeting Agenda with Links to Files, 4. Committee Report 10/30/18, 5. Hearing Testimony 10/30/18, 6. Hearing Transcript 10/30/18, 7. Hearing Transcript 10/30/18 - Part 2

Int. No. 1157

 

By Council Members Levine, Kallos and Diaz

 

A Local Law to amend the administrative code of the city of New York, in relation to qualifications for persons conducting inspections and maintenance on drinking water tanks

 

Be it enacted by the Council as follows:

 

                     Section 1.  Section 17-194 of the administrative code of the city of New York, as amended by local law number 239 for the year 2017 is amended to read as follows:

                     § 17-194. Drinking water tank inspections.

                     a. Definitions. For purposes of this section, the following terms shall have the following meanings:

                     1. “Building” shall mean any building, structure, premises, or part thereof.

                     2. “Drinking water” shall mean water used for human consumption or used directly or indirectly in connection with the preparation of food for human consumption, including, but not limited to, the cleaning of utensils used in the preparation of food.

                     3. “Owner” shall mean any owner, manager, operator or other person or persons having control of a building and any authorized agent thereof.

                     4. “Water heater” shall mean any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system.

                     5. “Water tank” shall mean any device used to store drinking water that is distributed as part of the water supply system of a building, however such term shall not apply to domestic hot water heaters.

                     b. Any owner of a building that has a water tank as part of its drinking water supply system shall have such water tank inspected at least once annually. Such inspection shall ensure that the water tank complies with all provisions of the administrative code of the city of New York, the construction codes of the city of New York and the health code of the city of New York. The results of such inspection shall be recorded in a manner prescribed by the commissioner. Such results shall be maintained by the owner for at least five years from the date of inspection and shall be made available to the department upon request within five business days. Documentation of such annual inspection shall be submitted in a form and manner prescribed by the department. Such documentation shall state whether or not all applicable requirements were met at the time of inspection and provide a description of any non-compliance with applicable requirements.

                     c. No person shall perform an inspection of a water tank pursuant to subdivision b of this section or engage in the business of cleaning, painting or coating a water tank of this section unless such person:

                     1. is a licensed master plumber, pursuant to article 408 of chapter 4 of title 28, works under the direct supervision of a licensed master plumber or  holds a commercial pesticide applicator certification in category 7G issued by the new york state department of environmental conservation or works under the direct supervision of a person holding such certification; and

                     2. has received fall protection training under requirements set forth by the federal occupational safety and health administration.

                     [c]d. The owner of a building shall post a notice stating that (i) the water tank inspection results are maintained on file in a specific location and will be made available when a person makes such a request to either the building owner or manager and (ii) that a person may contact the department if the inspection results are not made available to such person by the building owner or manager. Upon receipt of such request, the owner or manager shall make a copy of the inspection results available within five business days. Such notice shall be posted in a location easily accessible to tenants and in a frame with a transparent cover, and may be combined with similar notices where not otherwise prohibited by law.

                     [d]e. Beginning March 1, 2019, and each year thereafter, the department shall submit to the council a report which shall provide information about water tank inspections for the preceding calendar year including, but not limited to:

                     1. the [estimated] number of building water tanks and the [estimated] number of buildings serviced by such tanks;

                     2. the number of complete building water tank inspection results received by the department pursuant to subdivision b of this section;

                     3. the number of building water tank inspection results received by the department that documented compliance with applicable requirements; and

                     4. the number of violations issued by the department pursuant to subdivision f of this section, section 141.07 of the health code or chapter 31 of title 24 of the rules of the city of New York.

                     [e]f. Water tank inspection information on website. Within 35 business days of receiving the documentation of an annual inspection required pursuant to subdivision b, the department shall post such documentation on its website and the web portal providing access to public data sets described in section 23-502. The department's website shall provide notice that failure to conduct a required water tank inspection is a violation of law. Information available to the public shall include:

                     1. guidance to assist users in accessing any prior inspection report for a building available on the web portal providing access to public data sets described in section 23-502;

                     2. guidance to assist users in determining whether a building is required to have a water tank inspection pursuant to this section or section 141.07 of the health code; and

                     3. information about how to submit a complaint about a water tank, or water from a water tank, to the department.

                     [f]g. Any owner of a building who violates subdivisions b or c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not less than [two hundred] $500 and not to exceed [two thousand dollars] $5000 for each violation. Any owner of a building who violates subdivision [c]d of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed [two hundred fifty dollars] $1000 for each violation.

                     § 2. Section 28-408.1. of the administrative code of the city of New York is amended to read as follows:

§ 28-408.1. Master plumber license required. It shall be unlawful for any person:

 

1. To perform plumbing work, perform an inspection of a water tank pursuant to section 17-194 of the administrative code or engage in the business of cleaning, painting or coating a water tank pursuant to section 141.09 (b) of the health code unless such person is a licensed master plumber or working under the direct and continuing supervision of a licensed master plumber except that a city employee who holds a master plumber license may only perform replacement, maintenance and repair plumbing work on existing buildings in the course of his or her employment.

 

2. To use the title licensed master plumber, master plumber or any other title in such manner as to convey the impression that such person is a licensed master plumber unless such person is licensed as such in accordance with the provisions of this article.

                     

                     § 3. This local law takes effect 120 days after it becomes law, except that the commissioner of health and mental hygiene may take such action as is necessary for its implementation, including the promulgation of rules, before such effective date.

 

KS

LS 7097

7/20/18 12:30PM