[Adopted 2-25-2015 by Ord. No. 317 as Ch. 36, Art. IV, of the 2015 Pittsfield Charter Township Code]
The Township adopts by reference the "Water Supply Cross-Connection Rules of the Michigan Department of Environmental Quality" being Part 14 R325.11401 to R325.11407 of the State Administrative Code, as amended.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CROSS-CONNECTION
A connection or arrangement of piping or appurtenances through which a backflow could occur between two separate systems.
DEPARTMENT
The Township Department of Utilities and Municipal Services.
This article shall be enforced by the Department. The Township Board of Trustees by resolution shall designate those persons within the Department who are authorized to enforce this article and issue and serve municipal civil infraction citations for violations of this article.
All properties served by the public water supply are subject to provisions of this article, including, but not limited to, residential, commercial, industrial and governmental.
When the Department is notified, or has reasonable cause to believe, that contamination or alleged contamination of potable water may exist at any premises, the Department is authorized to enter any premises within the corporate limits of the Township for purposes of investigation and shall take necessary or proper action to protect the public health, safety and welfare. The Department shall cause inspections to be made of all properties served by the public water supply where cross-connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Township Utilities Department and as approved by the State Department of Environmental Quality. The Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the Township for the purpose of inspecting the piping system for cross-connections. On request, the owners, lessees or occupants of any property so served shall furnish to the Department any pertinent information regarding the piping system on such property. The refusal of access, when requested, shall be deemed evidence of the presence of cross-connections.
A. 
Site plan review. The Township Planning Department shall notify the Township Utilities Department of all matters before the Township Planning Commission and Township Zoning Board of Appeals that pertain to premises being subject to this article. The Department may review all applications and plans submitted to the Planning Commission or Zoning Board of Appeals and submit a written report to the respective body, a copy of which shall be mailed or hand delivered to the applicant, concerning violations or requirements of this article.
B. 
Building and plumbing permits; certificate of occupancy. The Department or its designee shall review all applications for building and/or plumbing permits for construction, repair or alteration to assure that the application is in compliance with this article. The Department shall not issue a building or plumbing permit in violation of this article, nor shall a certificate of occupancy be granted until a certificate of compliance, as provided for in Subsection E of this section, has been issued.
C. 
Plans, specification, information. The Department may require an applicant for site plan review, variance, building or plumbing permit to provide complete sets of plans and specifications of the piping, devices, equipment, building and uses that may be necessary or proper to determine the applicant's compliance with this article.
D. 
Authority to conduct tests. Prior to the issuance of a certificate of compliance, the Department is authorized to conduct, or cause to be conducted, or require an owner to have conducted, any tests of any new or existing piping, arrangement, device, equipment, facility or appurtenances the retention of which the Department has reason to believe may result in contamination of potable water, or when the Department has reason to believe that there is evidence that cross-connections do not meet the limitations prescribed in this article, or at a prescribed frequency to ensure proper functioning of protective devices or methods. Tests shall be conducted by persons certified by an organization approved by the Department. A full written record of test conditions, of test methods, and of test results obtained by the Department, or by others, shall be maintained by the Department and made available for review by the owner. Costs of all tests shall be paid by the owner of the property.
(1) 
Test facilities and access. It shall be the responsibility of the owner of the operation tested to provide, at his expense, reasonable and necessary openings in the piping system, appurtenances, equipment or facilities, and safe and easy access to the system, to permit technically valid measurements and samples to be taken. All new piping equipment or facilities that provide potential for cross-connection may be required by the Department to provide adequate openings in the piping system, appurtenances, equipment or facilities, and safe and easy access to the system, to permit technically valid measurements and samples to be taken. If a person refuses to supply test openings, access scaffolding, and other pertinent facilities requested for the purpose of conducting valid hydraulic tests by the Department, the Department shall notify such person to show cause before the Department on a day certain, not less than 10 nor more than 20 days from the date of the notice, why piping or appurtenances, equipment or facilities should not be sealed.
(2) 
Sampling. The Department is authorized to sample or cause to be sampled water or other fluid flowing in, or having potential for flowing in, any piping system subject to this article.
E. 
Certificate of compliance. Upon completion of the work authorized by an issued building or plumbing permit for work and premises being subject to this article, the Department shall issue a certificate of compliance, which certificate shall state that the premises are in compliance with this article. The owner or person responsible for the new, expanded or altered piping systems, devices, equipment or facility shall notify the Department when the work is completed and ready for final inspection, which inspection shall be made promptly after such notification.
The Township Department of Utilities shall identify all premises subject to this article, classify each premises according to degree of hazard to the potable water system, initiate inspections based on the health hazard potential and issue certificates of compliance in accordance with § 36-29.
The Township Utilities Department shall cause to be made periodic inspections of all premises and facilities subject to this article. The frequency of inspections and reinspections shall be based on the potential health hazards as established by the Michigan Department of Environmental Quality.
A. 
Cross-connections prohibited. Cross-connections between potable water systems and other systems or equipment are prohibited. A secondary water supply shall not be connected to the premises' potable water distribution piping without the approval of the Department.
B. 
Service connections. The Township Utilities Department is prohibited from installing and/or maintaining a water service connection to a person's premises where a cross-connection or secondary water supply is maintained contrary to the provisions of this article, unless the public potable water supply is protected against backflow by installing an approved backflow prevention device or method at the service connection.
C. 
Risk of contamination. When the Department determines that there is a cross-connection or a secondary water supply on the premises, or that the owner is operating the piping system in a manner that could adversely affect the public system, or when the Department determines that there are frequent changes to the piping and related equipment, or the Department determines that there is undue risk because of complexity of the piping systems, the Department shall require the owner, at the owner's expense, to:
(1) 
Install an approved backflow prevention device at each service connection to his premises;
(2) 
Install an approved backflow prevention device annually or more often when deemed necessary; and
(3) 
Properly repair and maintain such devices and keep adequate records of each test and subsequent maintenance and repair, including materials or replacement parts.
D. 
Location of backflow prevention device. No connection shall be made to the service line between the meter and the backflow prevention device, except for the meter bypass line connection. If a bypass around the backflow prevention device is installed, a similar backflow prevention device shall be installed on the bypass. If the service is unmetered, the backflow prevention device shall be installed near the property line upstream from the first outlet or branch connection.
A. 
Color code.
(1) 
In every instance where multiple piping systems exist, all exposed piping carrying potable water shall be uniformly painted a distinguishing bright blue color and so maintained that each pipe may be readily traced in its entirety by such color. All lines that carry secondary water shall be painted brown. In instances where these colors conflict with established systems of painting in a particular establishment, the Department may allow the use of other colors of equal brightness and distinction, provided that the alternative color code is submitted to and accepted by the Department prior to painting of the pipe. Any color code shall be posted on the premises at locations approved by the Department.
(2) 
Color coding requirements will be deemed to have been met if three-inch bands of blue or brown paint are used at intervals of not more than 25 feet and at points where exposed piping passes through walls, floors or roofs. The bands shall be applied to the piping on both sides of the walls and both above and below the floor or roof.
B. 
Signs or tags. Where maintenance of color coding is impossible, the Department may permit use of permanently attached durable sign or tag of acceptable design on each piece of pipe in each line not to exceed 25 feet between signs or tags, and at each valve. The following are acceptable designs:
(1) 
Secondary water may be indicated by use of a durable tag in the shape of a four-inch equilateral triangle bearing the legend "water unsafe" in letters not less than 7/16 inch in height.
(2) 
Potable water may be indicated by use of a durable circular tag of three-inch diameter bearing the legend "safe water" in letters not less than 1/2 inch in height.
C. 
Posting of secondary water supplies.
(1) 
All openings from which secondary water may be obtained shall have at all times a sign prominently posted within two feet of the opening bearing the following warning:
WARNING
UNSAFE WATER
DO NOT DRINK
(2) 
Such sign shall be at least eight inches by 10 inches in size, prominently lettered in contrasting colors, with no letters less than one inch in height. Signs are to be furnished and maintained by the owner of the secondary supply and must be of materials and design acceptable to the Department.
Any water-using equipment, apparatus or device shall have its water supply protected against contamination by methods acceptable to the Department.
Water piping used to convey potable water shall not be submerged in nonpotable water or other liquid.
Under conditions of flow attained through simultaneous use of fixtures, there shall be a residual pressure of not less than eight pounds per square inch measured on the pressure side of the wide-open faucet or valve supplying the highest fixture in the building, except that flush-o-matic valves shall require a minimum pressure of 15 pounds per square inch on the supply side of the valve when in operation.
The Department shall require, when necessary, that the potable water system, or any part installed or repaired, be disinfected in accordance with the following methods before it is placed in operation:
A. 
The system or part shall be thoroughly flushed and then be filled with a solution containing 100 parts per million of available chlorine and allowed to stand two hours before flushing and returning to service.
B. 
In the case of potable water filters or similar devices, the dosage shall be determined by the Department.
C. 
When directed by the Department, samples shall be collected and analyzed to determine the effectiveness of the disinfection.
A. 
Backflow prevention devices and methods. Each device intended for prevention of backflow shall be approved by the Department. The design, maintenance and testing procedures, installation requirements, and other features of the device and evidence of effectiveness may be required by the Department prior to acceptance. The Department may accept devices approved by the state department of public health or meeting the requirements of the American Society of Sanitary Engineering or of other professional or testing organization. The owner of the property shall pay for all expenses and costs of installation, inspection, maintenance, repair, replacement and testing of the backflow prevention device.
B. 
Accessibility. The backflow prevention device shall be located in a well-drained area of sufficient size, not less than eight feet in height, to permit a person to have convenient access for inspection, testing and repair purposes. Installation of the device below grade or in a meter pit is not acceptable unless specifically authorized in writing by the Department. Meters and protection devices shall be installed on the supply line within five feet of the point of entry to the structure within the same room.
C. 
Maintenance and reinspection. All devices installed in a potable water system for protection against backflow shall be maintained in good working condition by the owner or his agent. The Department may inspect such installed devices and if found to be defective or inoperative shall require its repair or replacement at the owner's expense. No device shall be removed from use or relocated or other device substituted without the approval of the Department.
D. 
Testing of backflow prevention assemblies. All testable backflow prevention assemblies shall be tested initially upon installation to ensure that the assembly is working properly. The property owner shall pay the cost of all tests. Subsequent testing of assemblies shall be on an annual basis as required by the Township and in accordance with the State Department of Environmental Quality requirements. Only individuals that are registered approved by the Township and the state certified shall be qualified to perform such testing. That individual(s) shall certify the results of his/her testing.
E. 
Acceptable backflow prevention devices. Backflow prevention devices shall be accepted in accordance with the state plumbing code and Department of Environmental Quality Cross-Connection Rules Manual, as amended. Where there is a conflict, the more stringent requirement shall apply.
F. 
Installation requirements. Backflow prevention assemblies, devices and methods shall be installed in accordance with the requirements of the state plumbing code and Department of Environmental Quality Cross-Connection Control Rules Manual, as amended.
G. 
Safe air gaps. Safe air gaps shall be maintained between the water supply inlet and the maximum overflow level of any fixture, tank or container. Safe air gaps shall be determined as follows:
(1) 
Circular openings. Circular water supply inlet openings shall have an air gap equivalent to twice the diameter of the orifice, but not less than one inch and need not be more than 12 inches.
(2) 
Other openings. For water supply openings other than circular, the air gap shall be 2 1/4 times the square root of the area of the opening; or in equation form:
G
=
2D for circular openings
G
=
2 1/4 for other openings
(3) 
Exceptions. On opening greater than four-inch diameter or of equivalent area if the opening is other than circular, the Department shall be consulted for minimum air gaps.
H. 
Overflow protection for air gaps and vacuum breakers. Air gaps and vacuum breakers shall be installed above the spill line of the fixture or device; or positive spill openings to the outside of the flush tank device.
I. 
Installation of reduced pressure principle backflow preventers. A reduced pressure principle backflow preventer shall be installed above grade or at an elevation not subject to flooding, inside a heater structure to prevent freezing, in a horizontal position, and otherwise in accord with the manufacturer's instructions.
J. 
Lawn irrigation systems. Lawn sprinkler systems shall be equipped with a vacuum breaker on the discharge side of each of the last valves.
(1) 
Manifold systems. If a lawn sprinkler system is installed so different areas sprinkled are each controlled by a valve on the discharge side of the main control valve on the main distribution branch to the entire lawn sprinkling system, the system shall be protected by one of the following methods:
(a) 
Area controls. An acceptable vacuum breaker may be installed on the discharge side of each area control valve.
(b) 
Multiport zone control valves. Where the supply of water to the various zones is controlled by an acceptable automatic multiport zone control valve, at least one port of which is always open, an acceptable vacuum breaker may be installed downstream from the main control valve and upstream from the multiport valve.
(c) 
Backflow preventer. A reduced pressure principle backflow preventer may be installed on the main distribution branch to the sprinkler system in close proximity to the main control valve.
(d) 
Pressure-type vacuum breaker. An acceptable pressure-type vacuum breaker may be installed between the main control valve and the zone control valves.
(e) 
Other systems of protection. If it is proposed to protect the water supply to a zoned sprinkling system by a method other than one of those set forth in Subsection J(1)(a) through (d), complete mechanical and topographical plans of the proposed installation shall be submitted to the Department, before the work is done, for examination to determine the acceptability of the installation from the standpoint of protection of the water supply and from the standpoint of potential nuisances.
K. 
Fire connection requirements.
(1) 
If Siamese, standpipe or other types of fittings are provided for connection of fire hoses to the fire protection system and the fire protection system is normally supplied through the service and the main water distribution pipe of the premises, a check valve and a control valve of the outside screw and yoke pattern shall be installed in each branch to the fire protection system at its connection with the main water distribution pipe.
(2) 
If, however, any fire protection system with fittings as described in Subsection K(1) is located within 1,000 feet of any river, canal or other body of water, a reduced pressure principle backflow prevention device shall be installed in each branch of the fire protection system at its connection with the main water distribution pipe.
(3) 
A fire protection system with fittings as described in Subsection K(1), which is within 1,000 feet of a river, canal or other body of water and which has a separate water service connection for fire protection purposes only, shall have that service connection protected by a reduced pressure principle backflow prevention device.
(4) 
Every water service line supplying only fire protection devices shall be equipped with, at a minimum, a double check valve assembly.
L. 
Fire sprinkler systems.
(1) 
Unheated areas. Where necessary to provide an automatic fire sprinkler system using antifreeze solutions to serve an unheated area, only antifreeze solutions approved by the Department may be used.
(2) 
Such systems shall have not more than 20 heads and shall have at all times prominently posted within two feet of the fill location a warning sign at least eight inches by 10 inches in size having letters one inch in height bearing the following statement:
USE ONLY MATERIALS AUTHORIZED BY THE
PITTSFIELD CHARTER TOWNSHIP UTILITIES DEPARTMENT
(3) 
Signs are to be furnished and maintained by the owner and must be of materials and design acceptable to the Department.
(4) 
In the supply line to each antifreeze system, there shall be a U loop provided in the supply piping. The down leg (supply side) of the U loop shall drop at least 1.25 times the amount of rise of the up leg of the U. The minimum length of the down leg shall be four feet. Refer to National Fire Protection Association Standards, N.F.P.A. #13, as may be revised, for further details.
(5) 
Where a system using an antifreeze solution approved by the Department is connected to the potable water system, a reduced pressure principal backflow preventer assembly incorporating outside screw and yoke valves shall be provided in the branch serving the antifreeze system and above the highest point in the line containing antifreeze solution.
(6) 
Where a system using an antifreeze solution approved by the Department is connected to a separate fire protection system, a single check valve and outside screw yoke valve in the supply branch to the antifreeze system shall suffice when the primary fire system is protected with a reduced pressure principal backflow preventer.
(7) 
When requested in writing by an owner, the Department may permit use of antifreeze solutions not approved by the Department, provided a reduced pressure principle backflow preventer is installed at the connection to the potable water system.
The potable water supply provisions of the state plumbing code are incorporated in this article. In case of conflicts between the plumbing code and this article, the more stringent of the two shall apply.
A. 
Unlawful acts. It shall be unlawful for any person to cross connect into the public potable water supply system in violation of any provision of this article.
B. 
Compliance with permits and certifications. Building and plumbing permits and certificates of compliance issued on the basis of approved plans and applications authorize only the use, arrangement, construction, devices, facilities and equipment set forth in such approved plans and applications; and any other use, arrangement, devices, facilities and equipment at variance with that authorized shall be deemed a violation of this article and punishable as provided by Subsections E and/or F of this section.
C. 
Notice of violation. Except as provided for in Subsection C(1), the Department shall serve a notice of violation on the owner of the premises or person responsible for the violation of a detailed statement or a plan approved under this article. Such notice shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(1) 
Exception, notice of violation, immediate danger. Where the Department has reasonable cause to suspect that a condition exists that poses an immediate threat of contamination to the potable water supply system, the Department need not provide notice of violation as provided by this subsection but may take such action as provided by law to protect the health, safety and welfare.
(2) 
Termination of water service. After notice of violation, the violator shall have seven business days from date of mailing to contact the Department issuing the notice of violation. If the violator fails, refuses, neglects or for any reason does not contact the Department, the Department shall, by registered mail, send a notice of termination of service directed to the last known address of the violator or post notice on or near the premises at which the violations have occurred. If the violation continues seven business days after mailing of notice of termination, the Department may terminate water service to that portion of the violator's premises in violation of this article, or terminate water service to the entire premises if necessary to prevent potential contamination from reaching the water utility's water lines. It shall be unlawful for any person to resume water service to such premises unless authorized in writing by the Department to do so.
D. 
Prosecution of violation. If the notice of violation is not complied with, or an immediate threat of contamination to the potable water supply system exists, the Department shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this article or of the order or direction made pursuant to this article.
E. 
Violation penalties. Any person who shall violate a provision of this article, or code adopted in this article, or shall fail to comply with any of the requirements of this article, or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Department, or of a permit or certificate issued under the provisions of this article shall be responsible for a municipal civil infraction, punishable in accordance with Chapter 2, Article V, Municipal Civil Infractions; Civil Fines and Penalties, § 2-41, of this Code and all equitable relief available by statute. Each day that a violation continues shall be deemed a separate offense.
F. 
Abatement of violation. The imposition of the penalties prescribed in this section shall not preclude the Township Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop any illegal act, conduct, business or use of a building or structure on or about any premises.
Any person aggrieved by a decision of the Department shall have the right to appeal to the Township Board of Trustees. An application for appeals shall be based on a claim that the true intent of this article or rules legally adopted under this article have been incorrectly interpreted, the provisions of this article do not apply, or an equivalent form of construction, device or arrangement can be used. The person appealing shall have the right to a hearing on the application. The decision of the Township Board of Trustees shall be final.