Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

May 29, 2003

RE: Inspection and testing of backflow prevention assemblies
PCNYS 312.9

This is in response to your questions regarding inspection and testing of backflow prevention assemblies in accordance with Plumbing Code of New York State (PCNYS) section 312.9. Specifically, whether the PCNYS provides what qualification are required for persons who inspect these devices.

Administration and enforcement of the Uniform Fire Prevention and Building Code (Uniform Code) is the responsibility of each local government (home rule). Chapter 1 in each of the Uniform Code books, originally entitled "Administration" has been changed to reflect this. 19 NYCRR Part 444 provides for the minimum standards for administration and enforcement which should be incorporated in their local law.

The Uniform Code does not in any way provide parameters for the qualifications of the person designated to inspect backflow prevention assemblies. In fact, backflow prevention assemblies for the protection of the public water supply are regulated by the Department of Health in the Sanitary Code.

PCNYS section 608.1.1, Public water supply protection, requires that on-site containment per Subpart 5-1.31 of the New York State Department of Health Sanitary Code (10 NYCRR) may be required by the provider of public water, depending on the degree of hazard, to protect public water systems through the use of appropriate backflow prevention device installations. This section was specifically added as a New York State modification, at the request of DOH.

Any local plumbing codes shall follow the procedure set forth in section 379 of Article 18 of the Executive Law, commonly known as the "Building Code Act," which if more restrictive, requires approval by the State Fire Prevention and Building Code Council.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-124

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526