New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 364 - BACKFLOW PREVENTION
Section Env-Ws 364.04 - Responsibilities of Department, Suppliers, Owners, and Inspectors

Universal Citation: NH Admin Rules Env-Ws 364.04

Current through Register No. 13, March 27, 2025

(a) Relative to cross-connections, the department shall:

(1) Establish and enforce rules to regulate cross-connections;

(2) Review inspection reports prepared pursuant to Env-Ws 364.05;

(3) Review and approve the cross-connection control program of each public water system, in accordance with Env-Ws 364.11; and

(4) Provide for the certification of backflow prevention device inspectors.

(b) Each supplier shall be responsible for the safety of the public water system under its jurisdiction.

(1) Not allow any cross-connection at any point within the water system unless approved pursuant to a permit specifically issued by the supplier for the cross-connection;

(2) Require any backflow prevention device installed in the system to be an approved backflow prevention device;

(3) When an application for a cross-connection permit is received, review the degree of hazard classification of the cross-connection, determine the proper backflow prevention device for the cross-connection, and designate that backflow prevention device on the cross-connection permit if it is issued;

(4) Requirebackflow prevention devices to:

a. Beinstalled where required;

b. Betested for proper functioning upon completion of installation;

c. Beinspected and tested at least semi-annually in high degree of hazard situations and annually in low degree of hazard situations, or more frequently as required by the supplier; and

d. Meet applicable performance standards;

(5) Requirea certified backflow prevention device inspector toperform all testing and inspection duties;

(6) Require the customer or property owner to repair, overhaul, or replace the backflow prevention device whenever it is found to be defective;

(7) Evaluate records of inspections, tests, repairs, and overhauling and retain the records for a period of at least 5years;

(8) Establish a time for completion of necessary corrections or removal of actual or potential cross-connections, taking into consideration the degree of hazard involved and the time required to obtain and install the needed equipment;

(9) Ensure that necessary corrections are made by:

a. Requesting the owner of the cross-connection to voluntarily correct the deficiencies; and

b. Physically separating the public water supply from the on-site piping system in such a manner that the 2 systems cannot again be connected by an unauthorized person if proper protection has not been provided after a reasonable period of time following legal notification; and

(10) Deny water service to any premises where cross-connections exist until corrective action is taken, in accordance with the following:

a. Water service shall be discontinued for failure to test or maintain backflow prevention devices in a manner acceptable to the supplier; and

b. Water service shall be discontinued until corrections are made, if it is found that the backflow prevention device has been removed or by-passed or otherwise rendered ineffective.

(d) Relative to cross-connections, the supplier and the customer or property owner shall have joint responsibility to ensure that the backflow prevention devices installed at all cross-connections are tested and inspected as specified by these rules or more frequently if required by the supplier.

(e) Relative to cross-connections, the customer or propertyowner shall:

(1) Eliminate and disconnect any cross-connections that are maintained between the private system and the supplier's system, unless deemed necessary by the supplier and protected by an approved backflow prevention device suitable for the degree of hazard associated with the cross-connection;

(2) Properly install, operate, and maintain any backflow prevention device;

(3) Comply with all provisions of any cross-connection permit and the supplier's cross-connection program;

(4) Apply for renewal of the cross-connection permit when required by the supplier;

(5) Protect the owner's water distribution or plumbing system by the installation of approved backflow prevention devices where appropriate and necessary;

(6) Have inspections and tests performedduring regular business hours; and

(7) Maintain a spare parts kit and any special tools required for the removal of and re-assembly of the backflow prevention device.

(f) Relative to cross-connections, the certified backflow prevention device inspector shall:

(1) Make competent inspections and reports of the inspection and testing of backflow prevention devices on forms approved by the supplier having jurisdiction;

(2) Competently use all of the equipment necessary to properly test and inspect backflow prevention devices; and

(3) Perform the work and be responsible for the competency and the accuracy of all tests and reports.

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8476, eff 11-30-05

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