The Water Supply (Water Fittings) Regulations (Northern Ireland) 2009

PART I PRELIMINARY

Citation, commencement, and interpretation

1.—(1) These Regulations may be cited as the Water Supply (Water Fittings) Regulations (Northern Ireland) 2009 and shall come into operation on 3^rd August 2009.

(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 organisation specified by the Secretary of State or the National Assembly of Wales under The Water Supply (Water Fittings) Regulations 1999(1);

“the Department” means the Department for Regional Development;

“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) together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993(4) as modified or supplemented at 3^rd August 2009;

“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;

“greywater” means waste water from baths, showers, wash basins and washing machines;

“harmonised 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)—

(a)

as a dwelling;

(b)

as an institution;

(c)

as a public building; or

(d)

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;

“the Order” means The Water and Sewerage Services (Northern Ireland) Order 2006;

“reclaimed water” means greywater after treatment which can be used for non-wholesome applications;

“supply pipe” means so much of any service pipe as is not vested in a water undertaker; and

“water undertaker” means a company appointed under Article 13(1) of the Order.

Application of Regulations

2.—(1) Subject to paragraphs (2) to (4), 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 3^rd August 2009.

(1)

S.I. 1999/1148

(2)

OJ No. L40, 11.2.89, p. 12.

(3)

Cmnd 2073

(4)

Cmnd 2183.