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Statutory Instrument 1999 No. 1148 The Water Supply (Water Fittings) Regulations 1999 -------------------------------------------------------------------------------- © Crown Copyright 1999 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Water Supply (Water Fittings) Regulations 1999 , ISBN 0 11 082552 7. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. This Statutory Instrument has been amended by S.I. 1999/1506 and is being issued free of charge to all known recipients of S.I. 1999/1148. -------------------------------------------------------------------------------- STATUTORY INSTRUMENTS --------------------------------------------------------------------------------
Made 1st April 1999 The Secretary of State for the Environment, Transport and the Regions and the Secretary of State for Wales acting jointly, in exercise of their powers under sections 74, 84 and 213(2) of the Water Industry Act 1991[1], hereby make the following Regulations:
Citation, commencement and interpretation (2) In these Regulations-
"approved contractor" means a person who- (a) has been approved by the water undertaker for the area where a water fitting is installed or used, or (b) has been certified as an approved contractor by an organization specified in writing by the regulator; "the Directive" means Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the member States relating to construction products[2]; "EEA Agreement" means the agreement on the European Economic Area signed at Oporto on 2nd May 1992[3] as adjusted by the Protocol signed at Brussels on 17th March 1993[4]; "EEA State" means a State which is a contracting party to the EEA Agreement; "European technical approval" means a favourable technical assessment of the fitness for use of a construction product for an intended use, issued for the purposes of the Directive by a body authorised by an EEA State to issue European technical approvals for those purposes and notified by that State to the European Commission; "fluid category" means a category of fluid described in Schedule 1 to these Regulations; "harmonized standard" means a standard established as mentioned in the Directive by the European standards organisation on the basis of a mandate given by the Commission of the European Economic Community and published by the Commission in the Official Journal of the European Communities; "material change of use" means a change in the purpose for which, or the circumstances in which, premises are used, such that after that change the premises are used (where previously they were not so used)- (i) as a dwelling; (ii) as an institution; (iii) as a public building; or (iv) for the purposes of the storage or use of substances which if mixed with water result in a fluid which is classified as either fluid category 4 or 5;
(a) in relation to any water undertakers whose area of appointment is wholly or mainly in Wales and their area of appointment, the National Assembly of Wales; (b) in relation to all other water undertakers and their area of appointment, the Secretary of State; "supply pipe" means so much of any service pipe as is not vested
in the water undertaker; Application of Regulations (2) These Regulations do not apply to a water fitting installed or used, or to be installed or used, in connection with water supplied for purposes other than domestic or food production purposes, provided that- (a) the water is metered; (b) the supply of the water is for a period not exceeding one month, or, with the written consent of the water undertaker, three months; and (c) no water can return through the meter to any pipe vested in a water undertaker.
(4) Nothing in these Regulations shall require any person to remove, replace, alter, disconnect or cease to use any water fitting which was lawfully installed or used, or capable of being used, before 1st July 1999. PART II
Restriction on installation etc. of water fittings
(b) cause or permit such a water fitting to be installed, altered, disconnected or used,
(2) No water fitting shall be installed, connected, arranged or used in such a manner that it causes or is likely to cause- (i) waste, misuse, undue consumption or contamination of water supplied by a water undertaker; or (ii) the erroneous measurement of water supplied by a water undertaker. (3) No water fitting shall be installed, connected, arranged or used which by reason of being damaged, worn or otherwise faulty, causes or is likely to cause- (i) waste, misuse, undue consumption or contamination of water supplied by a water undertaker; or (ii) the erroneous measurement of water supplied by a water undertaker. Requirements for water fittings etc. (a) be of an appropriate quality and standard; and (b) be suitable for the circumstances in which it is used.
(a) it bears an appropriate CE marking in accordance with the Directive; (b) it conforms to an appropriate harmonized standard or European technical approval; (c) it conforms to an appropriate British Standard or some other national specification of an EEA State which provides an equivalent level of protection and performance; or (d) it conforms to a specification approved by the regulator.
(4) Where any requirement of Schedule 2 relates to a water system, every water fitting which forms part of that system shall be fitted or, as the case may be, altered or replaced so as to comply with that requirement. (5) Every water fitting shall be installed, connected, altered, repaired or disconnected in a workmanlike manner. (6) For the purposes of this regulation, a water fitting is installed, connected, altered, repaired or disconnected in a workmanlike manner only if the work is carried out so as to conform- (a) to an appropriate British Standard, a European technical approval or some other national specification of an EEA State which provides an equivalent level of protection and performance; (b) to a specification approved by the regulator; or (c) to a method of installation approved by the water undertaker.
(a) shall give notice to the water undertaker that he proposes to begin work; (b) shall not begin that work without the consent of that undertaker which shall not be withheld unreasonably; and (c) shall comply with any conditions to which the undertaker's consent is subject.
(b) a bidet with an ascending spray or flexible hose; (c) a single shower unit (which may consist of one or more shower heads within a single unit), not being a drench shower installed for reasons of safety or health, connected directly or indirectly to a supply pipe which is of a type specified by the regulator; (d) a pump or booster drawing more than 12 litres per minute, connected directly or indirectly to a supply pipe; (e) a unit which incorporates reverse osmosis; (f) a water treatment unit which produces a waste water discharge or which requires the use of water for regeneration or cleaning; (g) a reduced pressure zone valve assembly or other mechanical device for protection against a fluid which is in fluid category 4 or 5; (h) a garden watering system unless designed to be operated by hand; or (i) any water system laid outside a building and either less than 750mm or more than 1350mm below ground level.
(3) The notice required by paragraph (1) shall include or be accompanied by- (a) the name and address of the person giving the notice, and (if different) the name and address of the person on whom notice may be served under paragraph (4) below; (b) a description of the proposed work or material change of use, and (c) particulars of the location of the premises to which the proposal relates, and the use or intended use of those premises; (d) except in the case of a fitting falling within paragraph (1)(d)(iii)-(v) or (1)(e) above-
(ii) a diagram showing the pipework and fitting to be installed; and
(4) The water undertaker may withhold consent required under paragraph (1), or grant it subject to conditions, by a notice given before the expiry of the period of ten working days commencing with the day on which notice under that paragraph was given. (5) If no notice is given by the water undertaker within the period mentioned in paragraph (4), the consent required under paragraph (1) shall be deemed to have been granted unconditionally. Contractor's certificate (2) In the case of a fitting for which notice is required under paragraph 5 above, the contractor shall send a copy of the certificate to the water undertaker. PART III
Penalty for contravening regulations
(b) commences an operation listed in the Table in regulation 5(1) without giving the notice required by that paragraph; (c) commences an operation listed in the Table in regulation 5(1) without the consent required by that paragraph; or (d) carries out an operation listed in the Table in regulation 5(1) in breach of a condition imposed under regulation 5(4);
(2) In any proceedings against an owner or occupier for an offence under paragraph (1) which is based on the installation, alteration, repair, connection or disconnection of a water fitting, it shall be a defence to prove- (a) that the work in question was carried out by or under the direction of an approved contractor, and (b) that the contractor certified to the person who commissioned that work that the water fitting complied with the requirements of these Regulations.
" (1A) In any proceedings under subsection (1) above it shall be a defence to prove-
(b) that the works were carried out by or under the direction of an approved contractor within the meaning of the Water Supply (Water Fittings) Regulations 1999; and (c) that the contractor certified to the person who commissioned those works that the water fitting complied with the requirements of those regulations." Inspections, measurements and tests (a) for the purposes of section 74(4) or 170(3), by a water undertaker, or (b) for the purposes of section 84(2), by any local authority,
Enforcement (2) The duty of a water undertaker under this regulation shall be enforceable under section 18 of the Act- (a) by the regulator; or (b) with the consent of or in accordance with a general authorisation given by the regulator, by the Director.
(2) The water undertaker shall give notice of any proposed relaxation in such manner and to such persons as the regulator may direct. (3) The regulator may grant the authorisation applied for with such modifications and subject to such conditions as he thinks fit. (4) The regulator shall not grant an authorisation before the expiration of one month from the giving of the notice, and shall take into consideration any objection which may have been received by him. (5) A water undertaker to whom an authorisation is granted under paragraph (3) in a particular case may relax the requirements of Schedule 2 in that case in accordance with the terms of that authorisation. Approval by the regulator or the water undertaker (a) every water undertaker; (b) such trade associations as he considers appropriate; and (c) such organisations appearing to him to be concerned with the interests of water users as he considers appropriate.
(3) Where the water undertaker approves a method of installation under regulation 4, the undertaker shall give notice of the approval to the regulator and shall publish it in such manner as the undertaker considers appropriate. (4) This regulation applies to the revocation or modification of an approval as it applies to the giving of that approval. Disputes (a) as to whether the water undertaker has unreasonably withheld consent, or attached unreasonable conditions, under regulation 5 above; or (b) as to whether the water undertaker has unreasonably refused to apply to the regulator for a relaxation of the requirements of these Regulations,
Revocation of byelaws Signed by authority of the Secretary of State for the Environment, Transport and the Regions
31st March 1999 Signed by authority of the Secretary of State for Wales
1st April 1999 SCHEDULE 1 FLUID CATEGORIES
Fluid category 2
(b) the presence of substances or organisms causing a change in its taste, odour or appearance,
Fluid category 3 (a) ethylene glycol, copper sulphate solution or similar chemical additives, or (b) sodium hypochlorite (chloros and common disinfectants).
(a) chemical, carcinogenic substances or pesticides (including insecticides and herbicides), or (b) environmental organisms of potential health significance.
(a) faecal material or other human waste; (b) butchery or other animal waste; or (c) pathogens from any other source.
REQUIREMENTS FOR WATER FITTINGS Interpretation 1. In this Schedule-
"cistern" means a fixed container for holding water at atmospheric pressure; "combined feed and expansion cistern" means a cistern for supplying cold water to a hot water system without a separate expansion cistern; "combined temperature and pressure relief valve" means a valve capable of performing the function of both a temperature relief valve and a pressure relief valve; "contamination" includes any reduction in chemical or biological quality of water due to a change in temperature or the introduction of polluting substances; "distributing pipe" means any pipe (other than a warning, overflow or flushing pipe) conveying water from a storage cistern, or from hot water apparatus supplied from a cistern and under pressure from that cistern; "expansion cistern" or "expansion vessel" means a cistern or vessel connected to a water heating system which accommodates the increase in volume of water in the system when the water is heated from cold; "expansion valve" means a pressure-activated valve designed to release expansion water from an unvented water heating system; "flushing cistern" means a cistern provided with valve or device for controlling the discharge of the stored water into a water closet pan or urinal; "overflow pipe" means a pipe from a cistern in which water flows only when the water level in the cistern exceeds a predetermined level; "pressure relief valve" means a pressure-activated valve which opens automatically at a specified pressure to discharge fluid; "primary circuit" means an assembly of water fittings in which water circulates between a boiler or other source of heat and a primary heat exchange inside a hot water storage vessel, and includes any space heating system; "secondary circuit" means an assembly of water fittings in which water circulates in supply pipes or distributing pipes of a hot water storage system; "secondary system" means an assembly of water fittings comprising the cold feed pipe, any hot water storage vessel, water heater and pipework from which hot water is conveyed to all points of draw-off; "servicing valve" means a valve for shutting off for the purpose of maintenance or service the flow of water in a pipe connected to a water fitting; "stopvalve" means a valve, other than a servicing valve, used for shutting off the flow of water in a pipe; "storage cistern" means a cistern for storing water for subsequent use, not being a flushing cistern; "temperature relief valve" means a valve which opens automatically at a specified temperature to discharge fluid; "terminal fitting" means a water outlet device; and "vent pipe" means a pipe open to the atmosphere which exposes the system to atmospheric pressure at its boundary. Materials and substances in contact with water 2. - (1) Subject to sub-paragraph (2) below, no material or substance, either alone or in combination with any other material or substance or with the contents of any water fitting of which it forms a part, which causes or is likely to cause contamination of water shall be used in the construction, installation, renewal, repair or replacement of any water fitting which conveys or receives, or may convey or receive, water supplied for domestic or food production purposes. (2) This requirement does not apply to a water fitting downstream of a terminal fitting supplying wholesome water where-
(b) a suitable arrangement or device to prevent backflow is installed. |