HB2961 H T&I AM #1 2-5

Wilkinson 3909


The Committee on Technology and Infrastructure moved to amend the bill on page 2, section 16-1-4, lines 27-28, by striking out the words “including determining whether the use of a backflow prevention assembly is necessary on any plumbing system” and the comma.


On page 5, section 16-1-9, after line 16, by striking out all of lines 17 through 24, and inserting in lieu thereof, the following:

“The commissioner can determine, upon conduction of a risk assessment, that any water supply system must be equipped with a backflow prevention assembly to protect the health and sanitation of water, whether publicly or privately owned: Provided, That water supply systems shall not require a backflow prevention assembly unless any of the following are met:

(i)            it cross-connects with a sprinkler or fire suppression system;

(ii)           it cross-connects with an active auxiliary water source or water well;

(iii)          it cross-connects with any fluid storage tank, tub, pool or cistern 85 gallons or larger with a public water inlet that can be below the water level;

(iv)          it cross-connects with a boiler system;

(v)           it cross-connects with any land irrigation system; or

(vi)          the property serviced by the public water supply is a funeral home or mortuary, restaurant, dry cleaner, medical office, beauty and nail salon, car wash, multi‑tenant retail space, commercial building three stories or taller, or commercial space with a dedicated fire service line / sprinkler system.

Prior to requiring installation of a backflow prevention assembly to a water supply system, a risk assessment is required and may be performed based upon the known type of water activity and usage involving the  use of the public water supply, by written responses to a written questionnaire presented by the commissioner to the owner or occupier of the water use facility, building or dwelling, or by personal inspection made by the commissioner or his or her agent if the owner or occupier of the premises allows entrance.

Provided further, That any customer deemed required to install a backflow prevention assembly may appeal the determination and seek a waiver by the water utility, and if not satisfied, may appeal further to the Public Service Commission pursuant to Chapter 24, Articles 1 and 2,  and §29A-1-1 of this code.”