AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BACKFLOW.

Plain English Breakdown

The effective date is not listed in the provided official materials, only that it passed the legislature on June 30, 2026.

HB458: Limits Rules for Water Backflow Preventers in Low-Hazard Buildings

This law stops counties and municipalities from requiring backflow preventer installation or inspections in specific low-hazard buildings, unless those buildings get fresh water from a public well.

What This Bill Does

• Prohibits counties and municipalities from requiring the installation of backflow preventers in certain types of low-hazard buildings.
• Stops local governments from requiring inspections for existing backflow preventers in these exempted building types.
• Defines 'low hazard building' as a structure where any backflow occurs only by backsiphonage, creates no health risk, does not disrupt drinking water service or potability, poses no risk to fresh water supplies, and involves pumping systems that do not connect to wastewater treatment or fire protection systems.
• Requires backflow preventers to be installed if a low-hazard building receives fresh water from a public well.

Who It Names or Affects

• Owners of single-family residences classified as low hazard.
• Owners of single-family residences with conditional uses that permit professional offices.
• Businesses operating in professional offices or commercial buildings that meet the low-hazard definition.
• Counties and municipalities that previously enforced backflow preventer rules on these building types.

Terms To Know

Backflow

The movement of water backward in a pipe, opposite to its normal flow direction.

Backsiphonage

A type of backflow caused by negative pressure when water pressure drops and pulls water back into the service line.

Low hazard building

A building where any backward water flow occurs only through backsiphonage, does not create health risks or harm drinking water quality, poses no risk to fresh water supplies, and involves systems that do not connect to wastewater treatment or fire protection.

Limits and Unknowns

• The law applies only if the building meets all specific conditions listed for being 'low hazard,' including restrictions on pumping system connections.
• Buildings using public wells must still install backflow preventers even if they are otherwise low risk.
• The effective date of this law is not provided in the source text.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BACKFLOW.
This Act prohibits counties and municipalities from requiring the use of water backflow preventers in certain types of low hazard buildings. In doing so, this Act reduces costs for businesses and single-family residential homeowners by exempting them from backflow preventer installation and inspection requirements in buildings where backflow does not pose a risk to fresh water or drinking water. Buildings deemed low hazard will nonetheless be required to have backflow preventers if they have fresh water supplied by a public well.

Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it involves indirect changes to municipal charters.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Lynn & Sen. Paradee

Reps. Burns, Hilovsky, Spiegelman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 458

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BACKFLOW.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § Chapter 79, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7911A. Backflow.

(a) For purposes of this section:

(1) “Backflow” means the movement of water back in the direction from which it was flowing.

(2) “Backflow preventer” means a device that prevents backflow.

(3) “Backsiphonage” means backflow caused by negative pressure, which occurs when there is a drop in water pressure resulting in the water flowing back into the water service line.

(4) “Low hazard building” means a building in which any backflow that does occur meets the following conditions:

a, Occurs only by backsiphonage.

b. Does not create a health risk or health hazard.

c. Does not disrupt the service of piped water for human consumption or impair the potability of that water.

d. Does not pose a risk to any fresh water supply.

e. The pumping system involved does not connect to a treatment system used to convey wastewater, fertilizers, or chemicals, or that is used to provide fire protection.

f. The water system involved does not draw from more than 1 aquifer without a backflow preventer on the discharge line of each well.

(b) Subject to subsection (c) of this section, a county or municipality may not require backflow preventers to be installed or, if already installed, to be subject to inspections, in low hazard buildings of any of the following types:

(1) Single-family residences.

(2) Single-family residences with conditional uses that permit professional offices.

(3) Professional offices.

(4) Commercial buildings.

(c) If a low hazard building has fresh water supplied by a public well, backflow preventers must be installed in compliance with 7 Del. Admin. Code, Regulation 7301, governing the construction and use of wells.

SYNOPSIS

This Act prohibits counties and municipalities from requiring the use of water backflow preventers in certain types of low hazard buildings. In doing so, this Act reduces costs for businesses and single-family residential homeowners by exempting them from backflow preventer installation and inspection requirements in buildings where backflow does not pose a risk to fresh water or drinking water. Buildings deemed low hazard will nonetheless be required to have backflow preventers if they have fresh water supplied by a public well.

Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because it involves indirect changes to municipal charters.