a. Definitions. For purposes of this section, the following terms shall have the following meanings:
Building. The term "building" means any building, structure, premises, or part thereof.
Drinking water. The term "drinking water" means water used for human consumption or used directly or indirectly in connection with the preparation of food for human consumption, including, but not limited to, the cleaning of utensils used in the preparation of food.
Owner. The term "owner" means any owner, manager, operator or other person or persons having control of a building and any authorized agent thereof.
Water heater. The term "water heater" means any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system.
Water tank. The term "water tank" means any device used to store drinking water that is distributed as part of the water supply system of a building, however such term shall not apply to domestic hot water heaters.
Water tank inspector. The term "water tank inspector" means a person that inspects a water tank pursuant to this section and is (i) a licensed master plumber pursuant to article 408 of chapter 4 of title 28, (ii) works under the direct and continuing supervision of such a licensed master plumber, or (iii) is a registered design professional as defined in section 28-101.5.
b. Any owner of a building that has a water tank as part of its drinking water supply system shall have such water tank inspected at least once annually. Such inspection shall ensure that the water tank complies with all provisions of the administrative code of the city of New York, the construction codes of the city of New York and the health code of the city of New York. The results of such inspection shall be recorded in a manner prescribed by the commissioner. Such results shall be maintained by the owner and by the water tank inspector for at least five years from the date of inspection and shall be made available to the department upon request within five business days. An owner shall ensure that documentation of such annual inspection shall be submitted to the department by the water tank inspector, in a form and manner prescribed by the department. Such documentation shall state whether or not all applicable requirements were met at the time of inspection and provide a description of any non-compliance with applicable requirements. Such documentation shall include visual depictions, such as photographs or videos, which display the interior and exterior of the water tank. The department may require an owner to conduct additional inspections and provide any additional documentation, including receipts of work orders, or visual depictions such as photographs or videos. The department may require that any document submitted to the department pursuant to this section be submitted electronically.
c. The inspection of a water tank pursuant to subdivision b of this section shall be conducted by a water tank inspector. In addition to the requirements of the New York city health code, the cleaning, painting or coating of a water tank shall be conducted by a water tank inspector, or by a person who holds a commercial pesticide applicator certification in category 7G issued by the New York state department of environmental conservation or works under the direct supervision of a person holding such certification.
d. The owner of a building shall post a notice stating that (i) the water tank inspection results are maintained on file in a specific location and will be made available when a person makes such a request to either the building owner or manager and (ii) that a person may contact the department if the inspection results are not made available to such person by the building owner or manager. Upon receipt of such request, the owner or manager shall make a copy of the inspection results available within five business days. Such notice shall be posted in a location easily accessible to tenants and in a frame with a transparent cover, and may be combined with similar notices where not otherwise prohibited by law.
e. Beginning March 1, 2019, and each year thereafter, the department shall submit to the council a report which shall provide information about water tank inspections for the preceding calendar year including, but not limited to:
1. The estimated number of building water tanks and the estimated number of buildings serviced by such tanks;
2. The number of complete building water tank inspection results received by the department pursuant to subdivision b of this section;
3. The number of building water tank inspection results received by the department that documented compliance with applicable requirements; and
4. The number of violations issued by the department pursuant to subdivision j of this section, section 141.07 of the health code or chapter 31 of title 24 of the rules of the city of New York.
f. Water tank inspection information on website. Within 35 business days of receiving the documentation of an annual inspection required pursuant to subdivision b, the department shall post such documentation on its website and the web portal providing access to public data sets described in section 23-502. The department's website shall provide notice that failure to conduct a required water tank inspection is a violation of law. Information available to the public shall include:
1. Guidance to assist users in accessing any prior inspection report for a building available on the web portal providing access to public data sets described in section 23-502;
2. Guidance to assist users in determining whether a building is required to have a water tank inspection pursuant to this section or section 141.07 of the health code; and
3. Information about how to submit a complaint about a water tank, or water from a water tank, to the department.
g. Any owner of a building shall have a duty to maintain a water tank and such water tank's supporting structures in a safe condition. If, as a result of an annual inspection required by subdivision b of this section, it is determined that a water tank or its supporting structure is structurally unsafe or dangerous, the water tank inspector or owner shall take such actions as are required by section 28-301.1 and report such condition to the department of buildings in writing.
h. 1. The department shall periodically audit a sample of buildings' documentation of the annual inspections required to be maintained pursuant to subdivision b of this section. Such audit shall review such documentation for accuracy and the department may conduct such audits without prior notice to a building's owner, as authorized by law. The department shall also annually inspect 125 water tanks, selected at random by the department, for compliance with this section.
2. The department shall post the results of such periodic audits and inspections on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of conducting such a periodic audit or inspection.
i. 1. Wherever harmful bacteria are found in a water tank and reported to the department in accordance with section 141.07 of the health code, or where a water tank has been the subject of certain violations within the prior 12 months identified by the department, the department shall review documentation of the annual inspections required by subdivision b of this section for such water tank. The department may review such documentation without prior notice to the building's owner, as authorized by law.
2. The department shall post the results of the documentation review required by paragraph 1 of this subdivision on its website and the web portal providing access to public data sets described in section 23-502 within 35 days of such review.
j. Any owner of a building who violates subdivisions b or c of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation. Any owner of a building who violates subdivision d of this section or any of the rules promulgated thereunder shall be liable for a civil penalty not to exceed $250 for each violation. Any owner of a building who violates subdivision g of this section shall be liable for a civil penalty not less than $200 and not to exceed $2,000 for each violation.
(Am. L.L. 2017/239, 12/17/2017, eff. 4/16/2018; Am. L.L. 2019/082, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/083, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/084, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/085, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/086, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/087, 5/10/2019, eff. 9/7/2019, Am. L.L. 2019/088, 5/10/2019, eff. 9/7/2019)