City Council Passes Water-Tower Inspection Bill
Feb. 17, 2009 — The New York City Council unanimously passed legislation Wednesday requiring that inspection records for water towers be made publicly available.
The legislation, Intro. No. 408-A, titled "A Local Law to amend the administrative code ... in relation to the inspection of water tanks used for the purpose of storing and distributing drinking water," amends Chapter 1 of title 17 by adding a new section, 17-194. In addition to restating the requirement of an annual inspection of water towers (and excluding domestic hot-water tanks in this legislation), it further mandates that owners maintain inspection results for at least five years and make them available within five business days to any resident requesting them from either the owner or the manager. Owners must post a notice in a location easily accessible residents, stating that inspection results are on file in a specific location.
While extant law requires annual inspection, the city estimates that a third of the approximately 12,000 towers, which provide drinking water to residents of buildings up to six stories tall, currently go uninspected within that timeframe.
Building owners not in compliance are liable for fines of between $200 and $2,000 per violation. The rules takes effect 90 days after enactment.
Additionally, starting March 1, 2010, the Health Department will send an annual tank-inspection report to City Council.
Councilmember Daniel Garodnick, the legislation's main sponsor, noted that until now, inspection records could not be opened even by subpoena. "There may be no more closely guarded secret than the condition of 12,000 water tanks throughout the city," he said. "These reports should not be treated like state secrets."
Update: This was signed into law by Mayor Michael Bloomberg on Feb. 26, 2009, as Local Law 11 of 2009.