NEW YORK CITY, N.Y., MAY 5, 2009 On February 11, 2009, the New York City Council voted unanimously to amend the administrative code of the city of New York in relation to the inspection of water tanks (roof tanks) used for the purpose of storing and distributing drinking water. This law is effective 90 days after enactment (May 12, 2009).

The new local law – “Drinking Water Tank Inspections” – creates the following mandates for building owners, or their agents: to inspect the drinking water tanks at least annually; to maintain the results of the inspections on file for at least five years; to make the results of the inspections available to the Department of Health and Mental Hygiene within five days upon request; and to notify building tenants and residents that the result of the inspections are available for viewing. (The notification to the tenants must be posted in a location easily accessible and in a frame with a transparent cover).

The new “Drinking Water Tank Inspections” law also creates civil liability for building owners who fail to comply with the annual inspection of their drinking water tanks and the new notification requirements. The civil liabilities are as follows: liability for violation of the annual water tank inspection mandate: not less than two hundred dollars and not to exceed two thousand dollars for each violation; and liability for violation of the notification provision is not to exceed $250 per violation. To read the full text of the new law, please visit:
(http://www.nyccouncil.info/pdf_files/bills/law09011.pdf)

Philip J. Kraus, President and Chief Executive Officer, notes that “the Department of Health and Mental Hygiene and the Department of Buildings already require building owners to inspect and clean their water tanks (rook tanks) annually.” Of the technical specifications directed by the regulations of New York City, Mr. Kraus says, ‘ the Health Code requires that the water tank (roof tank) inspection be performed by a New York City Licensed Plumber and the New York City Plumbing Code specifies that a building’s water tank (roof tank) must be drained and cleaned annually, and then disinfected with a hypochlorite solution in accordance with specified procedures.”

Since neither the Department of Health and Mental Hygiene nor the Department of Buildings requires the building owner to file the results of the inspection and cleaning with the respective agency, compliance with the requirement to inspect and clean the drinking water tanks is reliant on the honor system. As evidenced in the discussions City Council’s Public Hearing on the proposed “Drinking Water Tank Inspections” (Proposed Int. No. 408-A) on January 8, 2009, the honor system is not working to the satisfaction of the City Council.
(https://www.fredsmithplumbing.com/index.php?section=industrynews&prrid=229 )

The “Drinking Water Tank Inspection” law is intended to improve compliance with the annual water tank (roof tank) inspection mandate by creating transparency in the water tanks inspection records and by creating civil penalties for noncompliance.

About Fred Smith Plumbing & Heating Co., Inc.
Fred Smith Plumbing & Heating Co., Inc. is New York’s premier provider of comprehensive plumbing and heating solutions to the co-op and condo community. Services include plumbing, heating, sewer and drain cleaning, high pressure steam, HVAC, pump repair, roof tank cleaning, water filtration, and private repairs. From basic apartment repairs to building wide system upgrades to ongoing maintenance, Fred Smith Plumbing & Heating delivers a level of service and professionalism rarely seen anymore. For more information, please visit:
https://www.fredsmithplumbing.com/ .

Culligan of New York
Culligan of New York is a Fred Smith Plumbing & Heating Co., Inc. affiliated company that provides water purification services to New York City and Long Island, New York. An exclusive Culligan dealership, Culligan of New York offers drinking water filtration products, whole building (central) filtration, ultra pure water systems, and other purification systems and services for residential, commercial, and industrial applications.
http://www.culligandealer.com/nyc/index.html

Roof TankCleaning Services
For information about Fred Smith Plumbing & Heating’s comprehensive drinking water tank inspection and cleaning service, please refer to our Roof Tank Cleaning Services. ( http://www. fredsmithplumbing.com/tankcleaning )

To view the PDF version of this article, click here.

On January 8, 2009, the Committee on Health of the New York City Council will hold a hearing on an amendment to the Administrative Code of the City of New York entitled “Drinking Water Tanks Inspections” (Proposed Int. No. 408-A). This amendment would direct building owners to have their domestic drinking water tanks (“Roof Tanks”) inspected annually, compel them to submit inspection results to the Department of Health and Mental Hygiene (“DOHMH”), and remove the barrier to the viewing of inspection results by others. Additionally, the proposed amendment would require DOHMH to make periodic unannounced inspections of drinking water tanks to ensure compliance with the Health Code dealing with drinking water tanks.

Currently, DOHMH — the government agency responsible for ensuring New York City’s municipal water supply is in full compliance with Federal, State and City standards and regulations — requires building owners to inspect drinking water tanks annually but does not require the owners to file the inspection records with DOHMH. Rather, building owners are required only to keep the inspection records in their own files for five years and make them available to DOHMH only upon request by DOHMH. Furthermore, the current Health Code prevents the inspection records from view by anyone other than DOHMH; not even a subpoena can bring them into view by tenants of a building. Specifically, Article 141 of the New York City Health Code states that the inspection records of drinking water tanks “shall not be subject to inspection by others or to subpoena… “ The proposed legislation, in part, would end the secrecy of the inspection records and bring transparency to them.

As background to the proposed regulation, the Health Committee, chaired by Council Member Joel Rivera, states that “New York City has been using water tanks (Roof Tanks) as part of their drinking water supply systems since the 19th century……the water coming into the tanks may contain various substances and the tanks often accumulate ‘anywhere from a quarter inch to an inch of muddy sediment’. This residue in the water can present a health risk, particularly to certain populations such as the elderly and those with immune deficiencies.” The proposed legislation creates an enforcement mechanism for the annual inspection requirement and opens up the inspection records for public view.

Associations of building owners, tenants groups, the DOHMH and other interested members of the community are invited to testify at the hearing. For more information about this proposal and the January 8, 2009 hearing, please read the Report by the New York City Council’s Committee on Health pertaining to the proposed “Drinking Water Tank Inspections” legislation. View Report

About Fred Smith Plumbing & Heating Co., Inc.

Fred Smith Plumbing & Heating Co., Inc. is New York’s premier provider of comprehensive plumbing and heating solutions to the co-op and condo community. Services include plumbing, heating, sewer and drain cleaning, high pressure steam, HVAC, pump repair, roof tank cleaning, water filtration, and private repairs. From basic apartment repairs to building wide system upgrades to ongoing maintenance, Fred Smith Plumbing & Heating delivers a level of service and professionalism rarely seen anymore. For more information, please visit: https://www.fredsmithplumbing.com/.

About Culligan New York

Culligan of New York is a Fred Smith Plumbing & Heating Co., Inc. affiliated company that provides water purification services to New York City and Long Island, New York. An exclusive Culligan dealership, Culligan of New York offers drinking water filtration products, whole building (central) filtration, ultra pure water systems, and other purification systems and services for residential, commercial, and industrial applications.
http://www.culligandealer.com/nyc/index.html

For information about Fred Smith Plumbing & Heating’s comprehensive drinking water tank inspection and cleaning service, please refer to our Roof Tank Cleaning Services. (https://www.fredsmithplumbing.com/tankcleaning)

To view the PDF version of this article, click here.

The Department of Citywide Administration Services reports that the city spends $2.1 million annually on bottled water. Councilmen Eric Gioia says that passage of this bill would also bring savings in storage and disposal costs (of those 5 gallon bottles) and help the environment by reducing waste and truck traffic for water-delivery services. Councilman Simicha Felder (co-sponsor of the bill) chose to install a bottleless water heating-cooler in his office which “is a much more economical choice”.

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The New York Times reports that the City Council has become the latest government agency to take a stand against bottled water. According to “Think Outside the Bottle ,” environmental campaign, bottled water costs 4,000 to 10,000 times as much as tap water.” Moreover, millions of plastic bottles end up in landfills and scarce petroleum is consumed in the manufacture of them. In fact, the Speaker’s office reported that the Council’s downtown offices went through at least 6000 single-service bottles (plastic) last year. And now, bottled water will no longer be available at City council events or official functions. The Times also reports that Mayor Bloomberg is one of several mayors who favor a resolution by the United States Conference of Mayors to restrict use of bottled water in government buildings in an effort to promote the importance of municipal water. You may read the full article here.

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