Bill Text: NY S05093 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to standards for fire hydrant systems; provides for periodic tests of such systems; requires records of such tests be maintained for a period of ten years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-09 - referred to governmental operations [S05093 Detail]

Download: New_York-2021-S05093-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5093--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  --  recommitted  to  the Committee on Housing,
          Construction and Community Development in accordance with Senate  Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the executive law, in relation  to  standards  for  fire
          hydrant  systems;  and  providing for the repeal of certain provisions
          upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 378 of the executive law is amended by adding two
     2  new subdivisions 20 and 21 to read as follows:
     3    20. a. Standards for fire hydrant systems shall require:
     4    (i) periodic fire hydrant  tests,  fire  hydrant  flushing,  and  fire
     5  hydrant water flow tests as required by the designated local official or
     6  contracted  designee according to the standards and guidance established
     7  by the national fire protection association;
     8    (ii) provided, however, each fire hydrant shall be  flushed  annually,
     9  and  fire  hydrant water flow tests shall be conducted a minimum of once
    10  per five years; and
    11    (iii) records of fire hydrant tests, fire hydrant flushing,  and  fire
    12  hydrant  water  flow tests performed on each fire hydrant shall be main-
    13  tained for a period of at least ten years by the local authority respon-
    14  sible for conducting such inspections.
    15    b. For the purposes of this section, a fire hydrant  system  shall  be
    16  defined  as  a  system  of  pipes and valves situated and maintained for
    17  firefighting purposes delivering a water supply with sufficient pressure
    18  and flow with a connection point by which  firefighters  can  access  it
    19  without restriction as to the use for that purpose. The location is such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06950-02-2

        S. 5093--A                          2

     1  that  it  is  accessible  for immediate use of the fire authority at all
     2  times.
     3    21.  The  department  of  public  service shall transmit a request for
     4  information to each water-works corporation serving  fifty  thousand  or
     5  more water users, water authority within the state, and municipal public
     6  works  department  requesting  any  and  all information related to fire
     7  hydrant maintenance, servicing, testing, and replacement.
     8    a. The department of public service shall seek from  each  water-works
     9  corporation serving fifty thousand or more water users, water authority,
    10  and municipal public works department the following information:
    11    (i)  all  invoices associated with maintenance, servicing, inspection,
    12  or repair of fire hydrants for a period of at least one year; and
    13    (ii)  all  records  associated  with   the   maintenance,   servicing,
    14  inspection,  or  repair  of  fire  hydrants for a period of at least one
    15  year.
    16    b. Each water-works corporation serving fifty thousand or  more  water
    17  users,  water  authority,  or  municipal  public  works  department that
    18  receives a request for information from the department of public service
    19  pursuant to this subdivision shall cooperate fully with such department,
    20  provide such information in a timely manner, and comply with  any  other
    21  requests and requirements deemed appropriate by such department.
    22    c. The department of public service shall issue a report within twelve
    23  months  of  the  effective  date  of  this  subdivision  on  information
    24  collected from each water authority and public works department  regard-
    25  ing  fire  hydrant maintenance, servicing, inspection, or repair. Such a
    26  report shall include a comprehensive analysis of the frequency  of  each
    27  authority's  or  public works department's maintenance and inspection of
    28  fire hydrants. The department of public service shall include any recom-
    29  mendations that would achieve a more uniform period of  hydrant  mainte-
    30  nance  and  inspection.  Such department shall include in the report the
    31  identity of any water-works corporation serving fifty thousand  or  more
    32  water  users, water authority, or municipal public works department that
    33  received a request for information  from  the  department  but  did  not
    34  provide  information  in  a  timely or complete manner. If a water-works
    35  corporation serving fifty thousand or more water users, water authority,
    36  or municipal public works department is not responsible for  maintaining
    37  and  inspecting  fire hydrants, a statement indicating no responsibility
    38  to inspect shall be transmitted to the department of public  service  in
    39  response  to  any  request for information. Such department shall post a
    40  copy of the full report to the governor, the temporary president of  the
    41  senate, the speaker of the assembly, and each member of the legislature.
    42    §  2.  This  act  shall  take  effect  immediately;  provided that the
    43  provisions of subdivision 21 of section 378 of  the  executive  law,  as
    44  added by section one of this act, shall expire and be deemed repealed on
    45  the one hundred twentieth day after the department of public service has
    46  submitted its completed report provided, further, that the department of
    47  public  service  shall  notify  the legislative bill drafting commission
    48  upon the occurrence of the submission of the completed report  in  order
    49  that  the  commission may maintain an accurate and timely effective data
    50  base of the official text of the laws of the state of New York in furth-
    51  erance of effectuating the provisions of section 44 of  the  legislative
    52  law and section 70-b of the public officers law.
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