Thursday, February 3, 2011

What are the legal ramifications if the fire backflow valve is not tested annually?

We are not sure if you are a water customer or a water purveyor, but the list below actually covers both.

There could be several ramifications:

1) You are not complying with State of Illinois Plumbing Code and Illinois EPA guidelines
2) You may contaminate not only the water within the building, but your distribution system as well if there is a reduction or loss of pressure, such as: nearby fire, water main break, etc.
3) You are creating a potential health hazard by not requiring or having the backflow preventers tested annually. Fire system water is not only stagnant, it may contain harmful chemicals (antifreeze).
4) You, the water purveyor and/or water user, may be liable for a clean-up of the water distribution system, the health of all water customers who were exposed to potentially contaminated water, etc
5) You can and WILL receive fines that may be imposed by several authorities, such as the Illinois Department of Public Health, The IEPA, etc

1 comment:

Lou Allyn said...

While not specifically a direct legal requirement, failure to maintain and test a backflow assembly will negate the manufacturer's warranty. Should a backflow occur, the backflow manufacturer will be eliminated from any damages resulting from possible litigation or any clean-up or remediation costs. The consumer who didn't maintain the assembly is likely to be held completely responsible. It is also possible that,if the utility is aware of the device but failed to ensure that an annual test was submitted as required by IEPA regulations, that utility may share the responsibility.