Buildings and Grounds

Plumbing materials, including pipes, new brass faucets, fittings and valves, including those advertised as lead-free, may contribute lead to drinking water. The “on-again, off-again” nature of water use at most schools can raise lead levels in school drinking water. Water that remains in pipes overnight, over a weekend or over vacation periods stays in contact with lead pipes and/or lead solder and may accumulate and contain higher levels of lead.

The regulation can be found at: https://govt.westlaw.com/nycrr/Browse/Home/NewYork/UnofficialNewYorkCodesRulesandRegulations?guid=I817a673096f711e69226a545d2c8a2d9&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

Compliance testing occurs every three years. Copies of lead results, including lab reports and any lead remediation plans, must be made available to the public and posted on the school’s website.

Samples must be collected from all outlets (sinks, fountains, bubblers, filling stations, etc.) that are or may be used for drinking or cooking. This includes classroom and laboratory sinks if controls are not in place to prevent the consumption of water from them.

A "first-draw" sample is a water sample that is collected from a cold water outlet before any water is used from that outlet. The water shall be motionless in the pipes for a minimum of eight hours but not more than 18 hours before sample collection. The required sample volume for analysis of lead in school drinking water samples is 250 milliliters (ml).

The water in the school facility must remain motionless in the plumbing for a minimum of eight hours but no more than 18 hours. During this period, no water can be used in the facility. This includes non-drinking water outlets, janitorial sinks, toilets, outside hoses and irrigation systems (unless the irrigation system is served by its own service line). This amount of time was established to ensure that the collected samples are representative of water that a student or faculty member may consume. Sampling should be conducted to reflect normal school operating conditions.

Any individual who is familiar with the regulation's sampling protocol may collect samples. This includes but is not limited to a school staff member, a laboratory representative, or a consultant. The individual collecting the sample must be able to maintain quality assurance and control over the sampling and must ensure the chain of custody of the water samples is maintained. However, the school is ultimately responsible for ensuring that the samples are correctly taken. 

All water samples must be analyzed by an environmental laboratory certified by the NYS DOH Environmental Laboratory Approval Program (ELAP).

Effective December 22, 2022, the action level for lead in school drinking water is 5 micrograms per liter(mcg/L) or parts per billion(ppb), which is also equivalent to 0.005 milligrams per liter (mg/L) or parts per million (ppm).

Nationwide, as many as 12.8 million lead pipes are still in service, according to the Natural Resources Defense Council. The highest concentrations of lead tend to be in fixtures that students and staff don’t regularly use, allowing the lead to build up – this includes outlets such as science laboratories and lavatory sink outlets, which should not be used for consumption.

Among other requirements, the school must prohibit the use of the outlet (remove from service) until:

• A Remedial Action Plan is implemented to mitigate the lead level at the outlet, and
• Post-remediation test results indicate that the lead levels are at or below the action level.

The school shall retain all records of test results, lead remediation plans, determinations that a building is lead-free, and waiver requests for 10 years following the creation of such documentation. Copies of such documentation shall be immediately provided to the Department, local health department or State Education Department, upon request. 

The school may choose to obtain professional services or utilize internal staff to support and perform the following remediation activities:

• Permanent outlet removal. If the outlet is seldom used, it may be disconnected or removed from the water supply line.
• Outlet and/or Pipe replacement with lead-free plumbing materials.
• Flushing. Schools may consider developing a systematic flushing program to implement routinely (at a specified frequency). Flushing is generally used as a short-term measure and paired with permanent remediation, like the replacement or removal of an outlet.
• Point of Use (POU) Filters installed at individual outlets. Schools may choose to use certified lead-reducing filters as a long-term or permanent control measure with proper maintenance.
• “Do Not Drink” Signage. Posting “Do Not Drink” or equivalent signs at outlets is considered a temporary measure. However, some outlets (e.g., science laboratories and lavatory sink outlets) may have signs posted long-term if the school has also instituted other controls, including supervision and education, to ensure the outlets are not used for consumption.
• Supervision of Outlet Use as a Control Measure. In areas where supervision is present and there are policies to prevent the use of water for consumption purposes (e.g., no drinking or eating in science laboratory classrooms), supervision may be used in combination with other remedial action.
• Engineering controls. Engineering controls may be implemented to prevent the consumption of water from specific outlets. Engineering controls include locked doors to janitor’s closets, special keys to operate an outside hose bib, and other controls.
• Education. Educate the school community (students, parents, teachers, and staff) to reinforce understanding and compliance with engineering controls, supervision controls and signage.

Only those outlets that exceeded the action level need to be resampled following remediation, including outlet or pipe replacement, filter installation, implementation of a flushing program, or other measures.

Yes, the water can be used for handwashing and cleaning. Lead is not absorbed through the skin. Signage should be placed at non-drinking water outlets stating that water should not be used for drinking; it should only be used for handwashing and cleaning. Pictures should be used if small children are using the water outlets, and staff should ensure they understand what the signs mean and monitor to ensure that they don't drink the water.

No. Only testing for lead is required of schools under this regulation.

No. Only NYS public school districts and boards of cooperative educational services (BOCES) are required to test for lead under this regulation.

• Use only cold water for drinking and food preparation. If hot water is needed, it should be taken from the cold water faucet and heated on a stove or in a microwave.
  
  
  
• Let it run before use. Running water at a tap, before using it for drinking or food preparation, will typically help reduce lead in the water. This works by removing the water that has been in the longest contact with the plumbing materials. Let the water run for 30-60 seconds or until the water feels cold before using it for drinking or cooking.
  
  
  
• People can virtually eliminate their exposure to lead in water by drinking or using only bottled water that has been certified by an independent testing organization. This may not be the most cost-effective option for long-term use.

Additional information can be found on the Department's website at: 
https://www.health.ny.gov/environmental/lead/. The Department will update this website as more information becomes available.

If you have further questions, please contact your local health department. Contact information is available at: 
hhttps://www.health.ny.gov/environmental/lead/exposure/childhood/program_contact_map.htm.