[Amended 7-15-2008 by Ord. No. 2008-40]
For as long as the City retains ownership of the Watuppa Reservoir
Company or any fractional interest therein, the care, custody, management
and responsibilities of such interest shall reside with the Watuppa
Water Board of the City.
It shall be unlawful for any person to injure any public conduit,
pipe or reservoir connected with the City waterworks, or to break
and enter such conduit, pipe or reservoir, or to, without license
from the Watuppa Water Board, turn on or off or cause to be drawn
off the water in any public water pipe, conduit or reservoir, or make
any opening or connection with such pipe, conduit or reservoir, or
remove the cover of any hydrant, except in case of fire or by order
of the Chief of the Fire Department.
The Watuppa Water Board may refuse to turn on and may shut off
the water from the premises of any person who shall violate or permit
any other person to violate the provisions of this article.
The City water shall not be used through the hydrants or standpipes
in the yards of persons engaged in manufacturing for any other purpose
than that of extinguishing fires, or of being opened by the insurance
inspector to ascertain if the water is on and the hydrants and pipes
are in working order, unless the Watuppa Water Board allows the water
to be otherwise used. All such hydrants and appliances shall be open
to the inspection of the agents of the Water Board at all times.
[Added 8-22-2000 by Ord. No. 2000-20]
As used in §§
74-256 through
74-258, unless the context indicates otherwise, the following words shall have the meanings indicated:
AIR GAP SEPARATION
The method of preventing backflow through the use of an unobstructed
vertical distance through the free atmosphere between the lowest opening
from any pipe or faucet supplying water to a tank, plumbing fixture,
or other device and the flood level rim of the receptacle. Air gap
shall be at least double the diameter of the supply pipe measured
vertically above the flood rim of the vessel; in no case less than
one inch.
ATMOSPHERIC VACUUM BREAKER
An approved backflow device used to prevent backsiphonage
which is not designed for use under static line pressure.
BACKFLOW
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply from any source
other than the intended source.
BACKFLOW PREVENTER WITH INTERMEDIATE ATMOSPHERIC VENT
A device having two independently operating check valves
separated by an intermediate chamber with a means for automatically
venting it to the atmosphere, in which the check valves are force
loaded to a normally closed position and the venting means is force
loaded to a normally open position.
BACKPRESSURE
Pressure created by mechanical means or other means which
causes water or other liquids or substances to flow or move in a direction
opposite to that which is intended.
BACKSIPHONAGE
A form of backflow due to reduced or subatmospheric pressure
within a water system.
BAROMETRIC LOOP
A loop of pipe rising at least 35 feet, at its topmost point,
above the highest fixture it supplies.
CERTIFICATION EXAMINATION
An examination approved by the department for the purpose
of testing competence in all areas of cross-connection control and
backflow prevention device testing.
CONTAMINANT
Any physical, chemical, biological or radiological substance
or matter in water.
CROSS-CONNECTION
Any actual or potential connection between a distribution
pipe or potable water from a public water system and any waste pipe,
soil pipe, sewer, drain, or other unapproved source. Without limiting
the generality of the foregoing, the term "cross-connection" shall
also include any bypass arrangements, jumper connections, removal
section, swivel or changeover connection and other temporary or permanent
connection through which backflow can or may occur.
DESIGN DATA SHEET
Plans for each installation of a reduced pressure backflow
preventer or double check valve assembly and anti-siphon pressure-type
vacuum breakers or for each change to any such device already installed,
describing and showing the details of the specific installation.
DOUBLE CHECK VALVE ASSEMBLY
A backflow prevention device which incorporates an assembly
of check values with shut-off valves at each end and appurtenances
for testing.
HEALTH HAZARD
An actual or potential threat of contamination to the potable
water in a public water system which, in the opinion of the department
or its designee, would endanger health.
IN-PLANT PROTECTION
The location of approved backflow prevention devices in a
manner which provides simultaneous protection of the public water
system and the potable water system within the premises.
INSPECTION
An on-site inspection and survey by a qualified individual
to determine the existence and location of cross-connections and/or
the physical examination and testing of an installed backflow prevention
device to verify that the backflow prevention device is functioning
properly.
OWNER
Any person maintaining a cross-connection installation or
owning or occupying premises on which cross-connections can or do
exist.
OWNER'S AGENT
Any person or body designated by the owner to act as his
representative.
POTABLE WATER
Water from any source which has been approved for human consumption
by the department.
PRESSURE VACUUM BREAKER
An approved backflow prevention device designed to prevent
only backsiphonage and which is designed for use under static line
pressure; example: lawn sprinkler.
REDUCED PRESSURE BACKFLOW PREVENTER
A.
An approved backflow prevention device incorporating:
(1)
Two or more check valves;
(2)
An automatically operating differential relief valve located
between the two checks;
(4)
Necessary appurtenances for testing.
B.
The reduced pressure backflow preventer is designed to operate
so that:
(1)
The pressure in the zone between the two checks valves is maintained
at a value less than the pressure on the public water system side
of the device;
(2)
At cessation of normal flow, the pressure in the zone between
the two check valves is maintained at a value less than the pressure
on the public water system side of the device; and
(3)
In the case of leakage of either check valves, the differential
relief valve shall operate to maintain reduced pressure in the zone
by discharging to the atmosphere.
TESTING
All backflow devices in the City shall have test fittings
on all backflows set up for testing purposes, which is one-quarter-inch
threaded male hose connection.
[Added 8-22-2000 by Ord. No. 2000-20; amended 7-15-2008 by Ord. No.
2008-40]
A. Purpose. The department's purpose in establishing a comprehensive
distribution protection program is to prevent the contamination of
drinking water to the last free-flowing outlets or consumer's tap.
For this reason, the department strongly advocates the elimination
of all cross-connections. The installation of backflow prevention
devices does not eliminate a cross-connection. The installation of
backflow prevention devices is a solution when replumbing or repiping
is not feasible. All cross-connection protection devices shall be
approved and permitted in accordance with 310 CMR 22.22, as set forth
at 310 CMR 22.22(4) and 310 CMR 22.22(7)(b). Each owner of such device
shall apply for and be issued a permit by the department.
B. Maintenance of a cross-connection.
(1) No physical cross-connection shall be maintained between the distribution
system of a public water system, the water of which is being used
for drinking, domestic or culinary purposes, and the distribution
system of any water source not approved by the department as being
of safe, sanitary quality, unless said connection has been approved
by the department and a permit has been issued by the department in
accordance with 310 CMR 22.22.
(2) Subject to applicable laws and regulations, public water systems
shall have the authority to terminate any water service connection
to any facility where cross-connections are found to be in noncompliance
with 310 CMR 22.22. The supplier shall deny water service to any premises
where cross-connections exist until corrective action is taken. If
necessary, water service shall be disconnected for failure to test
or maintain backflow prevention devices in a manner acceptable to
the supplier. If it is found that the backflow prevention device has
been removed or bypassed or otherwise rendered ineffective, water
service shall be discontinued unless corrections are made immediately.
(3) The public water system shall establish a time for completion of
necessary corrections or removal of actual or potential cross-connections,
taking into consideration the degree of hazard involved and the time
required to obtain and to install the needed equipment. The public
water system shall use every means at its disposal to obtain voluntary
compliance. However, if proper protection has not been provided after
a reasonable period of time (following legal notification and subject
to applicable laws and regulation), the public water system shall
physically separate the public water supply from the on-site piping
system in such a manner that the two systems cannot again be connected
by an unauthorized person.
C. Owners' responsibilities. The owner of any cross-connection protection
device shall:
(1) Apply for, obtain and comply with all necessary approvals and permits
from the public water system and/or the department for the maintenance
of cross-connections as specified in 310 CMR 22.22, including the
permit issued by the department for each cross-connection protection
device;
(2) Have suitable arrangements made so that the inspections can be made
during regular business hours;
(3) Maintain a spare parts kit and any special tools required for the
removal and reassembly of devices;
(4) Provide the necessary labor for inspection and testing by the certified
backflow prevention device testers;
(5) Overhaul, repair or replace within 14 days of the initial inspection
date, and retest pursuant to 310 CMR 22.22(13)(e), any device which
fails a test or is found defective;
(6) Submit copies of the inspection and maintenance report form as required
by the public water system;
(7) Maintain on the premises complete records on all devices for the
file of said devices, including as-built plans and design data sheets;
maintain for seven years the inspection and maintenance report forms
for tests conducted by the certified backflow prevention device testers;
(8) Make certain that the cross-connection protection device is tested
as specified at 310 CMR 22.22(13) or as required by the public water
system.
D. Approval and permit required.
(1) Installation approval.
(a)
No person shall install or remove or contract with another person
for the installation or removal of any reduced pressure backflow preventer
or assembly required by 310 CMR 22.22 unless a design data sheet with
plans showing the method of protection of the public water distribution
system has been approved by the Watuppa Water Board for the installation
of such device.
(b)
All persons shall obtain approval from the local Plumbing Inspector
and the head of the local Fire Department, to the extent required
by the State Plumbing Code, 248 CMR 10.09, or MGL c. 148, § 27A,
for the initial installation or retrofit for any change in the installation
of any air gap separation with tank and pump arrangement, reduced
pressure backflow preventer or double check valve assembly.
(c)
Prior to the installation of any pressure or atmospheric vacuum
breaker backflow preventer with intermediate atmospheric vent, or
barometric loop, the plans and specifications for the plumbing work
must receive a permit issued pursuant to 248 CMR 10.09 by the local
water inspector. For these devices, a letter of approval will be issued
under 248 CMR 10.09 and shall constitute installation approval pursuant
to 310 CMR 22.22.
(d)
All design data sheets and plans for the installation of backflow
prevention devices shall be reviewed by a certified cross-connection
surveyor as of December 31, 1998.
(2) Permit requirement.
(a)
Any person owning an approved cross-connection protection device
shall apply for and obtain a permit by the department for each reduced
pressure backflow preventer and double check valve assembly installed
on the premises. Departments of the commonwealth and owners of cross-connection
protection devices located in delegated public water systems as specified
at 310 CMR 22.22(3) shall be exempt from payment of the department's
annual permit fee.
(b)
The department reserves the right to revoke or suspend any conditional
approval and/or permit for cause.
(3) Rights of the department. The department reserves the right to revoke
any approval or permit for any installation or change in installation
of any backflow prevention device which is found to be in noncompliance
with 310 CMR 22.22.
E. Location of devices.
(1) The location of each approved backflow prevention device, with respect
to the plumbing on the premises and the service connection to the
premises, shall be based upon the degree of existing or potentially
existing health hazard and shall conform to the following specific
requirements:
(a)
Approved backflow prevention devices shall be located so that
protection of all cross-connections is achieved with a minimum number
of devices; and
(b)
Approved backflow prevention devices shall be located so as
to provide in-plant protection;
(c)
The following types of facilities have been determined to present
high health hazard conditions and in-plant protection shall be supplemented
by installation of a reduced pressure backflow preventer or an air
gap separation at the meter or property line unless otherwise specified
by the department or its designee:
[1]
Nuclear reactors or other facilities where radioactive materials
are used;
[2]
Sewage treatment plants and sewage pumping stations;
[3]
Piers, docks, marinas, shipyards;
[5]
Metal plating industries;
[6]
Hospitals, mortuaries, medical clinics, dental offices and clinics;
[7]
Laboratories, except when the department has made a specific
determination that no health hazard exists on the premises; and/or
[8]
Other types of facilities as determined in writing by the department
or its designee.
(2) If, upon request by the owner of the premises or upon its own initiative,
the department or its designee determines that it is unreasonable
to locate all cross-connections within the premises, or for economic
reasons, then:
(a)
The public water supply distribution system shall be protected
by installation of a reduced pressure backflow preventer or an air
gap separation at the meter or property line; and
(b)
The owner of the premises shall provide a safe alternative supply
of potable water, well marked and labeled to all domestic water fixtures
on the premises.
G. Approval of devices for use in the state.
(1) Types and models of atmospheric and pressure vacuum breakers and
types and model of backflow preventers with intermediate atmospheric
vent which may be used in the state for certain low-hazard applications
referred to in the State Plumbing Code shall be those meeting the
requirements of and approved by, the Board of State Examiners of Plumbers
and Gas Fitters. Except as further restricted by the department as
provided in 310 CMR 22.22(4), all other backflow prevention devices
meeting the requirements of, and approved by, the Board of State Examiners
of Plumbers and Gas Fitters may be used in the state.
(2) Only types and models of reduced pressure backflow preventers, double
check valve assemblies, and manufactured air gap separation devices
which have been specifically evaluated and approved by the department,
and included on the list of approved backflow prevention devices maintained
by the department, may be used in cross-connection control in the
state.
H. Installation requirements.
(1) Reduced pressure backflow preventers. Reduced pressure backflow preventers
may be used to protect against backflow caused by back pressure or
backsiphonage and to protect a public water supply system from substances
which are hazardous to health only when they are installed in the
following manner:
(a)
For devices installed as in-plant protection, the reduced pressure
backflow preventer shall be installed on the owner's side of the water
meter on the potable water supply line.
(b)
Before installing a reduced pressure backflow preventer, all
pipelines shall be thoroughly flushed to remove foreign material.
(c)
Drinking and domestic water lines, lines for safety showers,
and lines for eye wash units must be taken off the upstream side of
reduced pressure backflow preventers for devices installed as in-plant
protection.
(d)
The reduced pressure backflow preventer shall be located so
as to permit easy access and provide adequate and convenient space
for maintenance, inspection and testing.
(e)
The owner of the device shall be able to shut down water lines
after reasonable notice during normal business hours to permit necessary
testing and maintenance of the device, provided that if it is not
possible to meet this requirement a bypass line equipped with an approved
type reduced pressure backflow preventer shall be installed.
(f)
The reduced pressure backflow preventer and shut-off valves
must be installed in a horizontal alignment between three feet and
four feet from the floor to the bottom of the device and a minimum
of 12 inches from any wall, unless the device is approved by the department
for vertical installations.
(g)
Tightly closing valves must be installed in each end of the
device and be immediately accessible unless otherwise approved by
the department or its designee.
(h)
The device must be protected from freezing, flooding, and mechanical
damage.
(i)
If the device is to be installed on a hot water line, a device
approved for use at the elevated temperature must be used.
(j)
If a drain is to be provided for the relief valve port, there
must be an approved air gap separation between the port and drain
line. To be approved, the air gap must be at least twice the internal
diameter of the discharge line.
(k)
Pit installation shall be approved only as provided in 310 CMR
22.22(11)(f).
(l)
All water lines shall be color coded according to the State
Plumbing Code, except that water filtration plants, pumping stations,
sewage treatment plants and sewage pumping stations shall label all
water lines in lieu of color coding.
(2) Double check valve assemblies. Double check valve assemblies may
be used to protect against backflow caused by backpressure or backsiphonage
and to protect a public water supply system from substances which
may be objectionable, but not hazardous to health, only if they are
installed in the following manner:
(a)
Drinking and domestic water lines, lines for safety showers,
and lines for eye wash units must be taken off the upstream side of
the double check valve assembly for devices installed as in-plant
protection.
(b)
The double check valve assembly shall be installed with adequate
space to facilitate maintenance inspection and testing.
(c)
The double check valve must be installed horizontally and the
top of the double check valve assembly must be between 30 inches and
52 inches from the floor to the bottom of the device and a minimum
of 12 inches from any wall, unless otherwise approved by the department.
(d)
If a water meter is not provided on the upstream side of an
approved swing-type double check valve assembly, a three- to five-foot
spacer must be installed between the check valves.
(e)
Tightly closing valves must be installed at each end of the
device and be immediately accessible unless otherwise approved by
the department or its designee.
(f)
Double check valve assemblies must be provided with suitable
connections and appurtenances for testing.
(g)
The device must be protected against flooding, freezing and
mechanical damage.
(h)
Pit installations will be approved only as provided in 310 CMR
22.22(11)(f).
(3) Vacuum breakers. Vacuum breakers shall not be used to protect against
backflow due to back pressure and shall not be installed as protection
for high-hazard conditions as determined by the department or its
designee. Vacuum breakers may be used for low health hazards only
if they are installed in the following manner:
(a)
Vacuum breakers must be installed at least six inches above
the flood level rim of the fixture they serve. Tightly closing valves
must be installed on both sides of the device.
(b)
Atmospheric vacuum breakers must be installed downstream of
the last shut-off servicing the fixture or equipment.
(c)
Vacuum breakers must not be installed in locations where the
device is subject to corrosive fumes, dust or grit.
(d)
Vacuum breakers must be protected against flooding, freezing
and mechanical damage.
(e)
Atmospheric vacuum breakers shall not be used under conditions
of static line pressure. Pressure vacuum breakers may be used under
conditions of static line pressure.
(4) Barometric loops. Barometric loops may be used only to protect against
backsiphonage, and shall be approved for use only when no health hazard
exists and when backpressure is not possible.
(5) Air gap separation. Air gap separation may be used to protect against
backflow caused by back pressure or backsiphonage and to protect a
public water supply system from substances which are hazardous to
health and shall be approved for use only when installed in the following
manner: The minimum air gap must be twice the diameter of the effective
opening of the inlet pipe above the flood level rim of the receptacle
being fed, but in no case shall it be less than one inch.
(6) Pit installation. No devices shall be installed in pits except as
specifically approved by the Fire Department, its designee or the
public water system in cases of unique circumstances, and pits must
comply with all OSHA standards, where applicable, for work in confined
spaces and then only as follows:
(a)
The pit interior shall be a minimum of 10 feet long, six feet
wide, and must have a clear height 6 1/2 feet high;
(b)
The pit must be watertight;
(c)
The pit opening and manhole cover must be at least 30 inches
in diameter;
(d)
The foothold inserts must be of steel, aluminum or other material
approved by the department, must be a maximum of 12 inches apart and
must be installed so that the top foothold is within 12 inches of
the manhole cover and the bottom foothold is within 12 inches of the
pit floor.
(e)
An adequate drain must be installed, and the drain line shall
not be connected to a sewer;
(f)
The pit floor shall be pitched to the drain; and
(g)
If built in a roadway, the top of the pit must be adequately
reinforced.
I. Inspection, surveying, testing and overhauling of devices.
(1) All cross-connection surveys and/or backflow prevention device tests
shall be conducted by a person who is a state-certified cross-connection
surveyor. All backflow prevention device tests shall be conducted
by a certified backflow prevention device tester in accordance with
310 CMR 22.22. A person holding a combination certification may conduct
a cross-connection survey and/or backflow prevention test.
(2) Within 14 calendar days after the installation of devices in accordance
with plans reviewed and approved by the reviewing authority, the owner
or owner's agent shall notify the public water system to arrange for
the inspection of the installation.
(3) Reduced pressure backflow preventers, double check valve assemblies,
pressure -type vacuum breakers and air gap separations may be inspected
and tested by the department, its designee or the public water system
at any time.
(4) The public water system is responsible to ensure that each reduced
pressure backflow preventer will be inspected semiannually in accordance
with the public water system's approved cross-connection program plan,
as provided for in 310 CMR 22.22(3)(b). If the supply is used less
than six months of the year, these devices shall be inspected and
tested once each year. Each double check valve assembly shall be tested
annually. Each test shall be conducted by a certified backflow prevention
device tester and recorded on the department's inspection and maintenance
report form. Copies of the inspection forms shall be submitted to
the public water system and the owner.
(5) Devices which fail the test or are found to be defective shall be
overhauled, repaired, or replaced and retested within 14 calendar
days of the failure or from the discovery of the defect. The repair
work must be done by a plumber licensed by the state to the extent
required by 248 CMR 2.04(3). No person shall overhaul, repair, or
replace a device on a fire system without approval from the head of
the local Fire Department pursuant to MGL c. 148, § 27A.
(6) No two routine tests for reduced pressure backflow preventers required
by 310 CMR 22.22 shall be conducted within five months of each other
without the written approval of the department, its designee or the
public water system.
(7) The owner or owner's agent must maintain on the premises a spare
parts kit and any special tools required for removal and reassembly
of devices which are to be tested. The presence of these materials
must be recorded on the inspection and maintenance report form.
(8) The owner or owner's agent must provide labor on the premises as
necessary to allow inspection and testing of devices by the department,
the supplier of water, or certified backflow prevention device testers.
(9) The owner or owner's agent shall notify the public water system in
writing, no later than 30 days prior to the removal from service of
any permitted device, and such notification shall include the reason
for removal and must indicate if the cross-connection has been eliminated.
(10)
The owner or owner's agent shall notify the public water system
in writing no later than 30 days prior to a change in ownership. Notification
must include, at a minimum, the name and address of the new owner
as well as documentation with proof of change in ownership.
(11)
If the public water system deems necessary, it may test a device
more frequently to ensure proper cross-connection control.
J. Right of entry. All owners or operators of private homes, commercial,
industrial or institutional premises served by a public water supply
system shall authorize agents and employees of the Watuppa Water Board,
upon presentation of their credentials, to enter their premises without
a warrant for the purpose or inspection and surveying their water
systems for cross-connections and assuring compliance with 310 CMR
22.22, whether or not the Watuppa Water Board has evidence that the
system is in violation of an applicable legal requirement.
K. Enforcement.
(1) Whoever maintains a cross-connection without a permit, or after revocation
of the permit to maintain such connection, and whoever maintains a
cross-connection without installing the appropriate backflow prevention
device required by 310 CMR 22.22 and by the reviewing authority shall
be:
(a)
Punished by a fine of not more than $25,000 for each day such
violation occurs or continues, or by imprisonment for not more than
one year, or both such fine and imprisonment; or
(b)
Subject to a civil penalty not to exceed $25,000 per day for
each day that each violation occurs or continues.
(2) Any violation of 310 CMR 22.22 shall be subject to the administrative
penalty provisions of 310 CMR 5.00.
(3) Upon due notice to the person maintaining the connection, the department
may revoke any permit whenever in the opinion of the department the
cross-connection or the maintenance thereof no longer complies with
310 CMR 22.00.
(4) In order to ensure the delivery of a fit and pure water supply, the
department may issue a written order, pursuant to MGL c. 111, § 160A,
requiring a supplier of public water to cease supplying water to any
premises if one or more cross-connections are maintained in violation
of the requirements of 310 CMR 22.22, or requiring any person to take
such actions as are reasonable and necessary to prevent or to eliminate
cross-connections.