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.
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.
