Backflow Laws: New York
New York State Backflow Prevention Laws, Regulations, and Compliance Requirements
New York has one of the most layered and procedurally complex backflow prevention frameworks in the nation. The New York State Department of Health (NYSDOH) administers statewide requirements under Section 5-1.31 of the State Sanitary Code, with NYS-certified tester credentials required statewide. New York City operates its own exceptionally detailed program under NYC DEP — requiring PE or RA plan approval before installation, LMP signature on all test forms, and an additional 5-year rebuild recommendation. This guide covers NYSDOH requirements, NYC DEP's program in depth, and programs for upstate utilities including Buffalo Water, Rochester Water, Albany Water, and others.
New York State Regulatory Framework
New York’s backflow prevention requirements are established in Section 5-1.31 of the New York State Sanitary Code — Cross-Connection Control — administered by the New York State Department of Health (NYSDOH), Bureau of Water Supply Protection. New York holds EPA primacy under the federal Safe Drinking Water Act. All public water systems in New York must implement a containment service protection program and maintain backflow prevention assembly test records.
NYSDOH requires that all containment backflow prevention assemblies be tested at installation and at least annually thereafter. Test results must be submitted on the approved state form (DOH-1013 — Report on Test and Maintenance of Backflow Prevention Device) or NYC-approved equivalent (GEN 215B for NYC properties). After conducting a test, copies go to: the property owner, the water supplier, the designated local health department, and the tester’s file. All copies must be submitted within 30 days of the completed test.
NYSDOH Tester Certification — 4-Day Course, 3-Year Term
NYSDOH administers a statewide backflow tester certification program. Certification requires satisfactory completion of a New York State-approved initial certification course (four-day course) from an approved training provider. Certification is valid for three years. To renew, testers must complete and pass a NYSDOH-approved renewal training course. NYSDOH publishes and maintains a List of Certified Backflow Testers on its website, searchable by county. Department-approved training providers are listed separately on the NYSDOH Cross-Connection Control Program website.
Under changes to the Public Health Law (Subdivisions 9 and 10 of Section 225), NYSDOH no longer issues backflow tester certifications directly — instead, NYSDOH-approved training providers issue certification of backflow course completion. The training provider certifies the tester upon successful course completion. NYSDOH maintains the list of approved providers and the statewide list of certified testers. If a tester’s certification documentation is lost, they can contact the issuing training provider or check the NYSDOH county-based certified tester list online.
Approved Backflow Prevention Assemblies in New York
NYSDOH will only accept assemblies that appear on the current USC-FCCCHR List of Approved Backflow Prevention Assemblies. The NYSDOH Approved Backflow Prevention Devices Fact Sheet provides this reference. Note that while the USC-FCCCHR list includes atmospheric and pressure vacuum breakers, those devices do NOT satisfy Section 5-1.31 of the State Sanitary Code for containment purposes — only double check valve assemblies, double check detector assemblies, reduced pressure principle assemblies, and reduced pressure principle detector assemblies satisfy the containment requirement.
NYC DEP's Unique Three-Party Requirement for New Installations
New York City has a uniquely complex installation process requiring three professional credentials on the initial test form: (1) a NYS-certified backflow prevention device tester who tests the device; (2) a New York City Licensed Master Plumber (LMP) who installed the device and must sign the initial test form; and (3) a Professional Engineer (PE) or Registered Architect (RA) who submitted and obtained DEP approval of the backflow prevention device plans before installation. For annual testing, only the certified tester and LMP signatures are required on the GEN 215B form. New buildings and most commercial installations must go through this three-party process.
New York City — NYC DEP Cross-Connection Control Program
NYC DEP Program Structure
New York City’s Bureau of Water and Sewer Operations (BWSO) administers the NYC Cross-Connection Control Program under Part 5, Section 5-1.31 of the State Sanitary Code and Title 15, Chapter 20 of the NYC Rules. The NYC DEP Cross-Connection Control Program Handbook (most recent edition: January 2019) governs all aspects of the program within the five boroughs. Property owners in New York City must obtain DEP approval of installation plans before any work begins — prior approval is mandatory.
Before installing a backflow prevention assembly, the property owner must have a PE or RA submit plans for DEP review and approval. After approval, a licensed master plumber installs the device. After installation, the assembly must be tested by a NYS-certified tester within 30 days and the GEN 215B form submitted to DEP. Annual testing is required within one year of the previous test, also on the GEN 215B form signed by the tester and LMP.
NYC-specific requirements: RPZ assemblies must be installed at least 1 foot above the 100-year flood plain elevation. All assemblies must be rebuilt or overhauled every 5 years per NYC DEP recommendation (NYSDOH does not specifically require the 5-year rebuild statewide, but DOH recommends it and NYC DEP has incorporated it). Assemblies must not be bypassed, made ineffective, or removed without prior DEP authorization — property owners who remove an assembly without DEP approval are subject to summons issuance.
Failure to install a directed backflow prevention assembly is subject to summonses, cease and desist orders, other civil and criminal actions, and fines and penalties under Section 24-346 of the NYC Administrative Code. Cross-connection violation forms are sent to property owners specifying violations and corrective action procedures with copies to plumbing inspectors and the Board of Health.
NYC DEP Cross Connection Control Review
A Cross Connection Control Review is required prior to approval of any permit application for installation of a corporation stop (tap) or wet connection that will be used to supply water to a property that poses a backflow hazard. This review ensures that new connections are assessed for hazard level before service is provided.
Upstate New York — Utilities Outside NYC
Upstate New York water systems include Buffalo Water (Erie County), Rochester Pure Waters District, Albany Water Works, Syracuse water system (Onondaga County Water Authority), and many other municipal and investor-owned utilities. Each operates cross-connection control programs aligned with NYSDOH Section 5-1.31 requirements. DOH-1013 form is used for test reporting outside NYC. Annual testing is universally required. NYS-certified testers are required for all testing statewide.
NYC's Potential Criminal Liability for Non-Compliance
NYC DEP’s Program Handbook explicitly warns that property owners who fail to install required backflow prevention assemblies are subject to summonses, cease and desist orders, other civil and criminal actions and proceedings, and fines, penalties, and enforcement measures under Section 24-346 of the NYC Administrative Code. The framing of potential criminal actions in NYC’s backflow compliance documents is more direct than most U.S. cities. Property owners notified by DEP to install an assembly should act promptly to avoid escalating enforcement.
Property Owner Compliance Summary for New York
NYC: PE/RA plan approval before installation. LMP for installation. NYS-certified tester for initial test. GEN 215B form to DEP within 30 days. Annual retesting with GEN 215B signed by tester + LMP.
Upstate: Annual testing by NYS-certified tester. DOH-1013 form copies to property owner, water supplier, local health department, and tester’s file within 30 days.
Tester credential: NYS-certified backflow prevention device tester, 4-day course, 3-year term.
Assemblies: USC-FCCCHR approved only. Atmospheric/PVB do not satisfy containment requirements.
5-year rebuild: DEP recommends (NYC) / NYSDOH recommends overhauling assemblies every 5 years.
Find a Certified Backflow Tester in New York
Find NYSDOH-certified testers by county at getyourbackflowtested.com/backflow-testing-near-me/new-york-backflow-testing or through the NYSDOH Certified Tester list at health.ny.gov — covering New York City, Buffalo, Rochester, Albany, Syracuse, and all New York State communities.
New York Regulatory Reference Links
| Resource / Agency | URL / Link Target |
|---|---|
NYSDOH — Cross-Connection Control Program | |
NYSDOH — Backflow Tester Certification FAQ | |
NYSDOH — Approved Backflow Prevention Devices Fact Sheet | |
NYSDOH — Certified Backflow Testers List (by county) | |
NYC DEP — Backflow Prevention Devices | |
NYC DEP — Cross-Connection Control Program Handbook (January 2019) | |
NYSDOH — Guidelines for Designing BFP Installations |