Section 17-194. Drinking water tank inspections a  


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  • Definitions. For purposes
      of this section, the following terms shall have the following meanings:
        1.  "Building"  shall  mean any building, structure, premises, or part
      thereof.
        2. "Drinking water" shall mean 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.
        3.  "Owner" shall mean any owner, manager, operator or other person or
      persons having control of a building and any authorized agent thereof.
        4. "Water heater" shall mean any heating appliance or  equipment  that
      heats  potable  water  and  supplies such water to the potable hot water
      distribution system.
        5. "Water tank" shall mean 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.
        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  for at least five years from the date of
      inspection and shall be made available to the  department  upon  request
      within five business days. The department shall request such information
      from   the   building  owner  or  manager  when  contacted  pursuant  to
      subdivision c of this section.
        c. 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.
        d.  Beginning March 1, 2010, and each year thereafter for three years,
      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 building water tank inspection  results  examined  by
      the department and the number that were in compliance with subdivision b
      of this section;
        3.  the  estimated  compliance rate with subdivision b of this section
      for the city; and
        4. the number of violations  issued  by  the  department  pursuant  to
      subdivision e of this section.
        e.  Any owner of a building who violates subdivision b of this section
      or any of the rules promulgated thereunder shall be liable for  a  civil
      penalty not less than two hundred and not to exceed two thousand dollars
      for  each  violation. Any owner of a building who violates subdivision c
      of this section or any of the  rules  promulgated  thereunder  shall  be
    
      liable  for  a civil penalty not to exceed two hundred fifty dollars for
      each violation.