A. 
The purposes of this article are:
1. 
To protect public water systems against actual or potential cross-connections by isolating within premises, contamination or pollution that may occur because of undiscovered or unauthorized cross-connections on premises;
2. 
To eliminate existing connections between public water systems and other sources of water that are not approved as safe and potable for human consumption;
3. 
To eliminate cross-connections between drinking water systems and sources of contamination;
4. 
To prevent the making of cross-connections in the future.
B. 
These regulations are adopted pursuant to the state of California Administrative Code, Title 17—Public Health, entitled "Regulations Relating to Cross-Connections."
C. 
It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the city or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any water user of the city.
(Ord. 90-13)
The meanings of terms used in this article are as follows:
"Air-gap separation"
means a physical separation between the discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel. An "approved air-gap separation" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the receiving vessel and in no case shall be less than one inch.
"Approved backflow prevention assembly"
means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services.
"Approved water supply"
means a water supply whose potability is regulated by a state or local health agency.
"Auxiliary water system"
means any water supply on or available to a customer's premises other than an approved water supply.
"AWWA standard"
means an official standard developed and approved by the American Water Works Association.
"Backflow"
means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source other than an approved water supply.
"Certified backflow prevention assembly tester"
means a person who has been certified by the American Water Works Association (AWWA) California-Nevada Section, or the Sacramento County certification program, or have equivalent training in the opinion of the director of public works and possesses a valid "certificate of competence" issued by the department of public works.
"Contamination"
means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.
"Cross-connection"
means any unprotected actual or potential connection or structural arrangement between any part of a public water system used or intended to supply water for human consumption, and any source or system containing used water, industrial fluid, gas or other substance that is not or cannot be approved as safe, wholesome and potable for human consumption. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections.
"Department"
means the department of public works for the city of West Sacramento.
"Health agency"
means the California Department of Health Services or the local health agency with respect to a small water system.
"Hearing officer"
means the city manager for the city or designee.
"Local health agency"
means the county of Yolo health authority.
"Premises"
means any and all areas on a water user's property which are served or have the potential to be served by the public water system.
"Public water system"
means any potable water supply approved by, or under the public health supervision of, a public health agency of the state of California or the county of Yolo.
"Reduced pressure principle backflow prevention assembly"
means an assembly incorporating two internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two checks, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary test cocks for testing the assembly.
"Service connection"
refers to the point of connection of a water user's piping to the water supplier's facilities.
"Water supplier"
means the city of West Sacramento who owns and operates the approved water supply system.
"Water user"
means any person obtaining water from the city of West Sacramento approved water supply system.
(Ord. 90-13; Ord. 95-1 § 1 (part))
A. 
Where Protection is Required.
1. 
Protection shall be required at each service connection from a public water system that supplies water to premises having an auxiliary water system.
2. 
Protection shall be required at each service connection from a public water system that supplies water to premises on which any substance is or may be handled in such a manner as to permit entry into a public water system, including water originating from public water system which is or may be subjected to deterioration in sanitary quality.
3. 
Protection shall be required at each service connection to any premises that has cross-connections unless such cross-connections are abated to the satisfaction of the department.
4. 
Protection shall be required at each service connection from a public water system that supplies water to premises for which the intended use is commercial, industrial, or nonresidential.
B. 
Type of Protection. The type of protection required shall be commensurate with the degree of hazard. In determining the degree of hazard and the type of protection required, the following criteria shall be used:
1. 
At each service connection to any premises where there exists an auxiliary water system, the public water system shall be protected by an approved reduced pressure principle backflow prevention assembly.
2. 
At each service connection to any premises on which an objectionable but nonhazardous substance is, or may be, handled in such a manner as to permit entry into a public water system, the public water system shall be protected by an approved reduced pressure principle backflow prevention assembly.
3. 
At each service connection to any premises on which any hazardous substance is or may be handled in such a manner as to permit entry into a public water system, the public water system shall be protected by an approved air-gap separation. The air-gap shall be located as close as practicable to the service cock and all piping between the service cock and any receiving vessel shall be visible. If these conditions cannot reasonably be met, the public water system shall be protected by an approved reduced pressure principle backflow prevention assembly; provided, that this alternative is in compliance with the provisions of this article and rules and regulations adopted per Section 13.04.1080 of this article.
4. 
At each service connection to any sewage treatment plant or sewage pumping station, the public water system shall be protected by an approved air-gap separation. The air-gap shall be located as close as practicable to the service cock and all piping between the service cock and any receiving vessel shall be visible. If these conditions cannot reasonably be met, the public water system shall be protected by an approved reduced pressure principle backflow prevention assembly, provided that this alternative is in compliance with the provisions of this article and rules and regulations as adopted per Section 13.04.1080 of this article.
(Ord. 90-13)
It shall be the responsibility of each water user to furnish, and install in a manner approved by the department, and keep in good working order and safe condition, any and all backflow prevention assemblies as required by this article. The city shall not be responsible for any loss or damage directly or indirectly resulting from or caused by any improper or negligent installation, operation, use, repair or maintenance of, or interfering with, any backflow prevention assembly, required by this article, by any water user or any other person.
(Ord. 90-13)
Any person desiring certification as a backflow prevention assembly tester shall make written application to the department on a form provided by, and in a manner prescribed by the department. Each application shall be accompanied by a fee, in an amount to be established by resolution of the city council. Said fee shall not be refundable or transferable.
(Ord. 90-13)
The department will issue a "certificate of competence" to those persons who have satisfied the minimum requirements for certification as a tester for approved backflow prevention assemblies. Every person, after receiving a certificate of competence from the department shall be issued such identification as the department shall deem appropriate; and such identification shall be kept in the immediate possession of every person holding a certificate of competence while said person is testing any backflow prevention assembly within the city. Said certificate shall be valid for a period of one year and may be revoked, suspended, or not renewed by the department of public works for improper testing, repairs and/or reporting.
(Ord. 90-13)
A certificate of competence may be renewed within ninety days from the date of expiration. Any person desiring certification renewal shall make written application to the department on a form provided by, and in a manner prescribed by the department. Each application shall be accompanied by a fee, in an amount to be set by resolution of the city council. Said fee shall not be refundable or transferable.
(Ord. 90-13)
A. 
If the department determines that a certificate holder has failed to comply with any requirement of this article, the department shall issue to the certificate holder, a written notice setting forth the acts or omissions with which the certificate holder is charged, and informing the certificate holder of their right to a hearing to show cause why the certificate of competence should not be suspended or revoked. A written request for a hearing shall be made by the certificate holder within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to hearing and the certificate of competence may be suspended or revoked.
B. 
The hearing shall be conducted within fifteen calendar days of the receipt of a request for a hearing. Upon written request of the certificate holder, the department of public works may postpone any hearing date, if circumstances warrant such action.
C. 
At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the certificate holder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the certificate holder is charged, and shall state the terms of the suspension or that the certificate of competence has been revoked.
D. 
Upon revocation of a certificate of competence, the former certificate holder shall not be allowed to make application for a certificate of competence for a period of three years after the revocation date.
(Ord. 90-13)
The water user's premises shall be available for inspection at all reasonable times to authorized representatives of the department to determine if protection of the public water system is required at the service connection(s).
(Ord. 90-13)
A. 
Any water user at whose service connection(s) any backflow prevention assemblies are installed, shall have each such assembly tested at the time of installation and annually thereafter or more often as the department may require. All such tests shall be conducted by a certified backflow prevention assembly tester possessing a valid "certificate of competence" issued by the department of public works. Backflow prevention assemblies shall be repaired or replaced at the expense of the water user whenever they are found to be defective.
B. 
Reports of tests of backflow prevention assemblies shall be filed with the department within twenty calendar days after said tests are conducted. The department shall accept said reports from only those persons who possess a valid certificate of competence as issued by the department. The water user shall pay a fee to the city for each test report filed with the city. Said fee shall be established by resolution of the city council.
(Ord. 90-13)
A. 
Backflow prevention assemblies in service at the time of adoption of this article which do not comply with the provisions of this article may continue in use until such time as the assembly is determined to be defective or a building, plumbing or electrical permit is issued to construct improvements on the premises; provided, that such improvements exceed five thousand dollars, as determined by the department.
B. 
Any such assembly that is determined to be defective shall be replaced by an assembly that complies with the provisions of this article.
(Ord. 90-13)
A. 
The city manager or designee shall have the authority to enforce this article.
B. 
The city may require discontinuance of water service to any premises wherein violations of this article exist. Any water user who violates any of the provisions of this article, or later bypasses or renders inoperative any backflow prevention assembly installed under the provisions of this article may, in addition to other penalties prescribed, be subject to discontinuance of water service. Water service will not again be rendered until such violations have been corrected as ascertained by the city. Any violation of the provisions of this article or rules and regulations promulgated thereof, shall be an infraction, punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars. Each day that a violation exists shall constitute a separate and distinct offense.
(Ord. 90-13; Ord. 95-1 § 1)
The city is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this article. All such rules and regulations shall be consistent with the provisions of this article and shall be effective thirty days after being filed with the city clerk of the city.
(Ord. 90-13; Ord. 95-1 § 1)