Backflow Laws: West Virginia
West Virginia Backflow Prevention Laws, Regulations, and Compliance Requirements
West Virginia's backflow prevention requirements are established under West Virginia Code Chapter 16, Article 1, and the West Virginia Legislative Rule Title 64, Series 15 (Cross-Connection Control and Backflow Prevention), administered by the WV Bureau for Public Health (WVBPH), now part of the WV Department of Health and Human Resources (WVDHHR). The WVBPH Certification and Training Program certifies backflow prevention assembly inspectors and testers statewide. Annual testing is required; 30-day repair window for non-high-hazard failures. West Virginia American Water is the state's largest utility. This guide covers WV's regulatory framework, WV Code 16-1-9's distinctive risk assessment requirement, and major utility programs.
West Virginia State Regulatory Framework
West Virginia’s cross-connection control requirements are established in West Virginia Code Section 16-1-9 and administered through WV Legislative Rule Title 64, CSR 15 (Cross-Connection Control and Backflow Prevention). The West Virginia Bureau for Public Health (WVBPH), Office of Environmental Health Services (OEHS), Environmental Engineering Division, administers the program with EPA primacy under the federal Safe Drinking Water Act.
West Virginia Code 16-1-9 contains a distinctive requirement: before a backflow prevention assembly is required at a water supply system, a risk assessment must be performed. This risk assessment may be conducted based on: the known type of water activity and usage; written responses to a questionnaire from the commissioner or designee; or a personal inspection by the commissioner if the owner allows access. Furthermore, water supply systems are not required to install a backflow prevention assembly unless specific conditions are met — including: cross-connection with a sprinkler or fire suppression system; cross-connection with an active auxiliary water source or water well; cross-connection with fluid storage tanks, tubs, pools, or cisterns 85 gallons or larger with a public water inlet that can be below the water level; or other conditions defined by regulation.
Importantly, customers required to install backflow prevention assemblies may appeal the determination and seek a waiver from the water utility, and further to the Public Service Commission. Customers also have the freedom to choose the brand of any required backflow prevention assembly. These consumer-protective provisions are unusual among U.S. state backflow laws.
WVBPH Tester Certification Program
The WVBPH Certification and Training (C&T) Program oversees certification of backflow prevention assembly inspectors and testers in West Virginia, among other water professional categories. Periodic testing by a WVBPH-certified tester is required for all backflow prevention assemblies. The C&T program can be reached at the Bureau for Public Health, Office of Environmental Health Services, Environmental Engineering Division, 350 Capitol Street, Room 313, Charleston, WV 25301.
WV Annual Testing and 30-Day Repair Window
West Virginia’s Cross-Connections and Backflow Prevention Manual (WVBPH) specifies: backflow prevention assemblies shall be tested and inspected at least annually; periodic testing shall be performed by a WVBPH-certified tester at the owner’s expense; any assembly that fails testing must be repaired or replaced — upon completion of repair the assembly must be retested at owner’s expense; high-hazard situations may not continue unprotected if the assembly fails and cannot be repaired immediately; for non-high-hazard situations, a compliance date of not more than 30 days after the test date will be established.
West Virginia's Risk Assessment Requirement Before Mandating Assembly Installation
West Virginia’s risk assessment requirement before mandating backflow assembly installation is distinctive among U.S. states. Most states have categorical requirements (irrigation = RPZ, fire suppression = DCVA, etc.) without a pre-mandate risk assessment. West Virginia requires the commissioner or designee to assess risk before requiring an assembly — and provides customers with appeal rights to the water utility and the Public Service Commission. This customer-protective framework creates additional procedural steps for utilities seeking to implement backflow protection programs.
Major Water Purveyors in West Virginia
West Virginia American Water (WVAW)
West Virginia American Water is the state’s largest water utility, serving approximately 700,000 people across multiple counties throughout West Virginia. WVAW’s Cross Connection Program was established and implemented based on WVBPH guidance and WV Legislative Rule Title 64, CSR 15. WVAW’s program is designed for containment protection of the distribution system. In low-hazard situations, WVAW may allow the installation of a residential dual-check device. High-hazard situations (health hazards) require RPZ or other assemblies approved for the hazard level. Annual testing by WVBPH-certified testers is required.
Charleston Water System
Charleston Water System serves the state capital and surrounding Kanawha County communities. Charleston’s cross-connection control program aligns with WVBPH regulations with annual testing requirements. Given Charleston’s industrial and commercial base (including chemical industry), cross-connection control is particularly important.
Huntington Water Works
Huntington Water Works serves the Huntington metropolitan area in Cabell County. Annual testing is required for covered assemblies. WVBPH-certified testers are required.
Morgantown Utility Board
Morgantown Utility Board serves the Morgantown area including the West Virginia University campus community. The university campus creates a complex cross-connection compliance environment. Annual testing is required.
Rural Water Systems
West Virginia has many rural public water systems serving its geographically complex terrain. The WV Rural Water Association (WVRWA, wvrwa.org, 1-800-339-4513) and the WV Rural Community Assistance Program (wvcap.org) provide technical assistance to rural systems implementing cross-connection control programs.
West Virginia Customer Appeal Rights Are Exercisable But Time-Sensitive
While West Virginia Code 16-1-9 grants customers the right to appeal backflow assembly installation requirements to the water utility and further to the Public Service Commission, this appeal process does not suspend the requirement during the appeal. Property owners who receive notice to install a backflow assembly should consult with the water utility about the specific basis for the requirement (which cross-connection condition triggered it) and consider whether a valid appeal basis exists before either installing the assembly or pursuing appeal.
Property Owner Compliance Summary for West Virginia
WVBPH-certified tester: Annual testing by WVBPH-certified backflow prevention assembly inspector/tester.
Annual testing: Required for all covered assemblies; retested after any repair.
30-day repair window: Non-high-hazard failures: up to 30 days to repair. High-hazard: immediate.
Risk assessment: Risk assessment required before commissioner can mandate installation; customer appeal rights exist.
Brand choice: Customers may choose the brand of required assembly.
Find a Certified Backflow Tester in West Virginia
Find WVBPH-certified backflow assembly testers at getyourbackflowtested.com/backflow-testing-near-me/west-virginia-backflow-testing — covering Charleston, Huntington, Morgantown, Parkersburg, and all major West Virginia communities.
West Virginia Regulatory Reference Links
| Resource / Agency | URL / Link Target |
|---|---|
WVDHHR OEHS — Cross-Connection and Backflow Prevention | |
WVDHHR — C&T Program (Backflow Tester Certification) | |
WV Code 16-1-9 — Backflow Prevention Assembly Requirements | |
WV Legislative Rule 64 CSR 15 — Cross-Connection Control | |
West Virginia American Water — Cross Connection and Backflow Prevention | |
WV Rural Water Association |
Related Resources
getyourbackflowtested.com | Backflow Laws — West Virginia Backflow Compliance Guide