HB 453 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BUILDING AND PLUMBING.

Lynn HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Bush TO& HOUSESen. BILL NO.

453Paradee AMENDHOUSE HouseOF BillREPRESENTATIVES No.152nd GENERAL ASSEMBLY HOUSE BILL NO.

453 byAN insertingACT betweenTO lineAMEND 15TITLE and16 lineOF 16THE theDELAWARE following:CODE RELATING TO BUILDING AND PLUMBING.

“e.BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

TheSection pumping1. system would not connect to a treatment system used to convey wastewater, fertilizers, chemicals, or provide fire protection.

f.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:

The§ water7911. system would not draw from more than one aquifer without a backflow prevention device on the discharge line of each well.”.

FURTHERAdequate AMENDwater Housesupply. Bill No.

453(a) onFor linepurposes 20of bythis deletingsection: “preventors.” and inserting in lieu thereof:

“preventers.”.(1) “Backflow” means the movement of liquid back in the direction from which it was flowing.

FURTHER(2) AMEND“Backflow Housepreventer” Billmeans No.a device that prevents backflow.

453(3) “Backsiphonage” means backflow caused by deletingnegative linespressure, 21which throughoccurs 27when there is a drop in theirwater entiretypressure and insertingthe inwater lieumoves thereofback into the following:water service line.

“(d)(4) Notwithstanding“Low subsectionhazard” (c)means ofthat thisthere section,is ifno anysignificant ofrisk to the buildings named in subsection (c) of this section have fresh water suppliedsupply byif a publicloss well,of backflowpressure preventersoccurs. must still be installed in compliance with state well construction regulations.”.

SYNOPSISFor Housea Billbuilding No.to be considered low hazard, all of the following conditions must be met:

453a. protects Delaware’s fresh water supply while also reducing costs for small businesses and single-family residential homeowners by eliminating certain requirements relating to the installation of backflow prevention devices.

ThisThe Amendmentbackflow makeswould correctionsonly todegrade alignthe withquality of the Departmentwater ofaesthetically Naturalbut Resourcesnot andimpair Environmentalthe Control’spotability Wellof Constructionthe Regulation:water.

7301,b. Regulations Governing the Construction and Use of Wells.

ThisA Amendmenthealth alsohazard correctswould thenot spellingexist. of the word “preventers” on line 20.

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:

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06/30/202406/25/2024 12:3810:16 PMAM 0231520033(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.

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