Statutory Instrument 1999 No. 1148
The Water Supply (Water Fittings) Regulations 1999
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STATUTORY INSTRUMENTS
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1999 No. 1148
WATER INDUSTRY, ENGLAND AND WALES
The Water Supply (Water Fittings) Regulations 1999
Made 1st April 1999
Laid before Parliament 14th April 1999
Coming into force 1st July 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:
PART I
PRELIMINARY
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Water Supply (Water
Fittings) Regulations 1999 and shall come into force on 1st July
1999.
(2) In these Regulations-
"the Act" means the Water Industry Act 1991;
"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;
"regulator" means-
(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;
and paragraph 1 of Schedule 2 has effect for the purposes of that
Schedule.
Application of Regulations
2. - (1) Subject to the following provisions of this regulation,
these Regulations apply to any water fitting installed or used,
or to be installed or used, in premises to which water is or is
to be supplied by a water undertaker.
(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.
(3) Except for the purposes of paragraph 14 of Schedule 2 (prevention
of cross connection to unwholesome water), these Regulations do
not apply to water fittings which are not connected or to be connected
to water supplied by 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
REQUIREMENTS
Restriction on installation etc. of water fittings
3. - (1) No person shall-
(a) instal a water fitting to convey or receive water supplied by
a water undertaker, or alter, disconnect or use such a water fitting;
or
(b) cause or permit such a water fitting to be installed, altered,
disconnected or used,
in contravention of the following provisions of this Part.
(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.
4. - (1) Every water fitting shall-
(a) be of an appropriate quality and standard; and
(b) be suitable for the circumstances in which it is used.
(2) For the purposes of this regulation, a water fitting is of an
appropriate quality or standard only if-
(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.
(3) Every water fitting shall comply with the requirements of Schedule
2 to these Regulations as it applies to that fitting.
(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.
Notification
5. - (1) Subject to paragraph (2), any person who proposes to instal
a water fitting in connection with any of the operations listed
in the Table below-
(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.
TABLE
1. The erection of a building or other structure, not being a pond
or swimming pool.
2. The extension or alteration of a water system on any premises
other than a house.
3. A material change of use of any premises.
4. The installation of-
(a) a bath having a capacity, as measured to the centre line of
overflow, of more than 230 litres;
(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.
5. The construction of a pond or swimming pool with a capacity greater
than 10,000 litres which is designed to be replenished by automatic
means and is to be filled with water supplied by a water undertaker.
(2) This regulation does not apply to the installation by an approved
contractor of a water fitting falling within paragraph 2, 4(b) or
4(g) in the Table.
(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-
(i) a plan of those parts of the premises to which the proposal
relates, and
(ii) a diagram showing the pipework and fitting to be installed;
and
(e) where the work is to be carried out by an approved contractor,
the name of the contractor.
(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
6. - (1) Where a water fitting is installed, altered, connected
or disconnected by an approved contractor, the contractor shall
upon completion of the work furnish a signed certificate stating
whether the water fitting complies with the requirements of these
Regulations to the person who commissioned the work.
(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
ENFORCEMENT ETC.
Penalty for contravening regulations
7. - (1) Subject to the following provisions of this regulation,
a person who-
(a) contravenes any of the provisions of regulation 3(1), (2) or
(3) or 6(1) or (2);
(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);
is guilty of an offence and liable on summary conviction to a fine
not exceeding level 3 on the standard scale.
(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.
Modification of section 73 of the Act
8. In section 73 of the Act (offences of contaminating, wasting
and misusing water etc.), after subsection (1) there shall be inserted:-
" (1A) In any proceedings under subsection (1) above it shall
be a defence to prove-
(a) that the contamination or likely contamination, or the wastage,
misuse or undue consumption, was caused (wholly or mainly) by the
installation, alteration, repair or connection of the water fitting
on or after 1st July 1999;
(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
9. Any person designated in writing-
(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,
may carry out such inspections, measurements and tests on premises
entered by that person or on water fittings or other articles found
on any such premises, and take away such samples of water or of
any land, and such water fittings and other articles, as that person
may consider necessary for the purposes for which those premises
were entered.
Enforcement
10. - (1) A water undertaker shall enforce the requirements of these
Regulations in relation to the area for which it holds an appointment
under Part I of the Act.
(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.
Relaxation of requirements
11. - (1) Where a water undertaker considers that any requirement
of Schedule 2 to these Regulations would be inappropriate in relation
to a particular case, the undertaker may apply to the regulator
to authorise a relaxation of that requirement.
(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
12. - (1) Before approving a specification under regulation 4 or
under Schedule 2, the regulator shall consult-
(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.
(2) Where the regulator approves a specification under regulation
4 or under Schedule 2, he shall give notice of the approval to all
persons who were consulted under paragraph (1) and shall publish
it in such manner 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
13. Any dispute between a water undertaker and a person who has
installed or proposes to instal a water fitting-
(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,
shall be referred to arbitration by a single arbitrator to be appointed
by agreement between the parties or, in default of agreement, by
the regulator.
Revocation of byelaws
14. The byelaws referred to in column (2) of Schedule 3, being made
or having effect as if made by the water undertakers referred to
in column (1) of Schedule 3 under section 17 of the Water Act 1945[5],
are hereby revoked.
Signed by authority of the Secretary of State for the Environment,
Transport and the Regions
Michael Meacher
Minister of State, Department of the Environment, Transport and
the Regions
31st March 1999
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
1st April 1999
SCHEDULE 1
Regulation 1
FLUID CATEGORIES
Fluid category 1
Wholesome water supplied by a water undertaker and complying with
the requirements of regulations made under section 67 of the Water
Industry Act 1991[6].
Fluid category 2
Water in fluid category 1 whose aesthetic quality is impaired owing
to-
(a) a change in its temperature, or
(b) the presence of substances or organisms causing a change in
its taste, odour or appearance,
including water in a hot water distribution system.
Fluid category 3
Fluid which represents a slight health hazard because of the concentration
of substances of low toxicity, including any fluid which contains-
(a) ethylene glycol, copper sulphate solution or similar chemical
additives, or
(b) sodium hypochlorite (chloros and common disinfectants).
Fluid category 4
Fluid which represents a significant health hazard because of the
concentration of toxic substances, including any fluid which contains-
(a) chemical, carcinogenic substances or pesticides (including
insecticides and herbicides), or
(b) environmental organisms of potential health significance.
Fluid category 5
Fluid representing a serious health hazard because of the concentration
of pathogenic organisms, radioactive or very toxic substances, including
any fluid which contains-
(a) faecal material or other human waste;
(b) butchery or other animal waste; or
(c) pathogens from any other source.
SCHEDULE 2
Regulation 4(3)
REQUIREMENTS FOR WATER FITTINGS
Interpretation
1. In this Schedule-
"backflow" means flow upstream, that is in a direction
contrary to the intended normal direction of flow, within or from
a water fitting;
"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-
(a) the use to which the water downstream is put does not require
wholesome water; and
(b) a suitable arrangement or device to prevent backflow is installed.
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