Bill Text: DE HB453 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Building And Plumbing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2024-06-30 - Defeated By House. Votes: 26 YES 14 NO 1 NOT VOTING [HB453 Detail]
Download: Delaware-2023-HB453-Draft.html
|
SPONSOR: |
Rep. Lynn & Rep. Bush & Sen. Paradee |
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 453
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BUILDING AND PLUMBING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend § 7911, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 7911. Adequate water supply.
(a) For purposes of this section:
(1) “Backflow” means the movement of liquid back in the direction from which it was flowing.
(2) “Backflow preventer” means a device that prevents backflow.
(3) “Backsiphonage” means backflow caused by negative pressure, which occurs when there is a drop in water pressure and the water moves back into the water service line.
(4) “Low hazard” means that there is no significant risk to the fresh water supply if a loss of pressure occurs. For a building to be considered low hazard, all of the following conditions must be met:
a. The backflow would only degrade the quality of the water aesthetically but not impair the potability of the water.
b. A health hazard would not exist.
c. The backflow would not disrupt service of piped water for human consumption.
d. The backflow would occur by backsiphonage.
(b) Buildings in which water closets and other plumbing fixtures exist shall must be provided with a supply of water adequate in volume and pressure for flushing purposes.
(c) All single-family residences, single-family residences with a conditional use to permit professional offices, professional offices, and commercial buildings that are considered low hazard may not be required to install backflow preventors.
(d) Notwithstanding subsection (c) of this section, if any of the buildings named in subsection (c) of this section have fresh water supplied by a community system or water utility, backflow preventors must still be installed if any of the following devices, or other similar devices, are connected to the fresh water supply:
(1) In-ground lawn sprinkler systems.
(2) Swimming pools.
(3) Hot tubs.
(4) Fire sprinkler systems.
SYNOPSIS
This Act protects Delaware’s fresh water supply while also reducing costs for small businesses and single-family residential homeowners by eliminating the requirements for installation and yearly inspections of backflow preventors on low-hazard water users. However, an otherwise low hazard property that has fire sprinkler systems, in-ground lawn sprinklers, swimming pools, hot tubs, or similar systems connected to its fresh water supply will be required to install a backflow preventor.
Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it constitutes an implicit charter change, as the ordinances it seeks to override derive their authority from municipal charters.
This Act also makes a technical correction on line 16. The word “shall” is changed to “must” to conform existing law to the standards of the Delaware Legislative Drafting Manual.
