Editor's Note: Prior ordinance history: Ordinance No. 1012.
[Ord. No. 1228-14; Ord. No. 1236-15.]
The provision of any prior ordinances, resolutions, rules or
regulations governing cross-connection control within the City boundaries
that are inconsistent with the provision of this Ordinance (Ordinance
No. 1236-15) are hereby repealed and deemed to be of no further force
or effect.
[Ord. No. 1228-14; Ord. No. 1236-15.]
The following definitions describe those terms and phases that
are relevant to the operation and enforcement of the program:
AIR GAP SEPARATION
A physical separation between the free-flowing discharge
end of a potable water supply pipeline and an open or nonpressurized
receiving vessel. An approved air gap separation will be at least
double the inside diameter of the supply pipe measured vertically
above the top rim of the vessel, but in no case will be less than
1 inch.
APPROVED BACKFLOW PREVENTION ASSEMBLY
Any assembly tested and approved by the State Water Resources
Control Board and approved by the City for installation and use within
its territory.
AUXILIARY WATER SUPPLY
Any supply of water on or available to a customer's premises
other than supplied by the City.
AWWA STANDARD
A standard developed and approved by the American Water Works
Association ("AWWA").
BACKFLOW
A flow condition caused by a differential in pressure that
causes the flow of water or other liquids, gases, mixtures or substances
into the distribution system pipes of City. Backpressure is one cause
of backflow, as well as back-siphonage.
CROSS-CONNECTION
An unprotected, actual or potential connection between a
potable water system used to supply water for drinking purposes and
any source or system containing unapproved water or substance that
is not or cannot be approved as safe, wholesome and potable. Bypass
arrangements, jumper connections, removable sections, swivel or changeover
devices or devices through which backflow could occur shall be considered
cross-connections.
CUSTOMER
Any person who receives water services from the City and
who is financially responsible for paying the costs of installing
and maintaining a City-approved backflow prevention device. A customer
generally will be the owner of the property where such a device is
required.
DOUBLE CHECK VALVE
An assembly of at least two independently acting check valves
including tightly closing shut-off valves on each side of the check
valve assembly and test cocks available for testing the water tightness
of each valve.
HEALTH AGENCY
The State Water Resources Control Board or the local health
officer with respect to small water systems.
PREMISES
Any and all areas of a customer's property that are served
or have the potential to be served by the City water system.
REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
A device incorporating not less than two check valves, an
automatic, operated relief valve, located between two check valves,
a tightly closing shut-off valve on each side of the check valve assembly
and equipped with the test cocks for testing.
SERVICE CONNECTION
The point of connection between a customer's on premises
waster services and the City's water system.
THERMAL EXPANSION
Change in dimension of a material resulting from change in
temperature.
[Ord. No. 1228-14; Ord. No. 1236-15.]
Under section 7583 through 7605 of Title 17 of the Code of California
Regulation relating to cross-connection, the City has the primary
responsibility to prevent water from unapproved sources or any other
substances from entering the public water system. The City will insure
that adequate backflow and back-siphonage protection is maintained
on each customer's water service directly connected to the City water
system. Each customer will have primary responsibility for preventing
contamination and pollutants from his or her on-premises water service
facilities from entering the City's water system as required by the
Program and the Health Agency.
The City will not be responsible for any loss or damage directly
or indirectly resulting from or caused by any improper or negligent
installation, operation, use, repair, maintenance, replacement of
or interference with any approved backflow prevention assembly required
to be installed and operated by any customer or other person in accordance
with the Program.
Each customer should be aware that the installation of a backflow
prevention assembly may result in a closed-plumbing system within
the customer's premises.
As such, a customer may need to make appropriate provisions
for thermal expansion within their system, i.e. the installation of
thermal expansion devices and/or pressure relief valves.
A customer shall bear all costs for installing an approved air
gap separation or approved backflow protection assembly required by
the Program. All air gap separations and approved backflow prevention
assemblies shall be kept in good working order and in safe condition.
A customer shall repair or replace any existing device or assembly
determined by the City in its sole discretion to be unapproved, defective
or not providing the level of protection required by the City and
applicable law. The customer shall be responsible for obtaining any
plumbing permits necessary to comply with this article.
[Ord. No. 1228-14; Ord. No. 1236-15.]
The protection that may be required to prevent backflow into
the City water system shall be commensurate with the degree of risk
presented by each customer's on-premises water service facilities.
The degree of risk shall be determined by a cross-connection survey
conducted on the customer's premises by a certified cross-connection
control specialist approved by the City or local health officer.
A cross-connection control survey is the first step in abating
cross-connection hazards. A survey is a review of a customer's water
use practices for the purpose of identifying where the City water
system is or may be interconnected with a potential source of contamination
on a customer's premises. Such survey consists of two parts:
1. Identifying customers who may have cross-connections on his or her
premises, and
2. Inspecting the premises to identify actual or potential cross-connections.
In cases where a customer propose to install a new or modified connection
to the City water system, the survey may consist of reviewing the
construction plans and technical specifications and/or an on-premises
survey.
Whenever possible, a City request to conduct a cross-connection
survey of a customer's premises will be made in writing and at a mutually-agreed
date and time. All factors found and recorded during a survey shall
be considered in the City's determination of whether or not a backflow
prevention assembly is required and if required, what level of protection
is necessary. Each customer that the City determines must install
a backflow prevention assembly shall be notified by letter stating
the customer's responsibility for providing backflow protection and
the type of assembly required. At a minimum, a customer that is required
to install a backflow prevention device shall install a Reduced Pressure
Principle Backflow Prevention Assembly ("RP") or a Double Check Valve
Assembly ("DC") for fire suppression systems. The City reserves the
right to re-inspect the customer's premises at any time to ensure
that the plumbing, backflow prevention assembly and/or water use has
not changed.
If a customer refuses a City request to conduct a cross-connection
survey or refuses adequate access to permit an inspection of the customer's
premises and plumbing system, the City will issue a letter requiring
immediate installation of the appropriate backflow prevention assembly
based upon available information concerning the premises and water
connection. If, after issuance of such a demand letter, the customer
continues to refuse to permit the City to access to conduct a survey
and/or to install a backflow prevention assembly deemed necessary
by the City, the City shall have the right to immediately terminate
water services to the customer's premises and if deemed necessary,
to disconnect the premises from the City water system. The City shall
have no obligation to reconnect the premises and recommence water
services until the Customer: (a) permits a cross-connection survey
and if required, installs a backflow prevention device as the City
deems necessary; and (2) pays all City fees and charges necessary
to re-connect and re-commence water services to the premises.
[Ord. No. 1228-14; Ord. No. 1236-15.]
As a condition of permitting the installation of any new water
service connection, the City will conduct an on-site evaluation and/or
inspection of plans during plan check and review in order to determine
the type of backflow prevention necessary for the connection to be
in compliance with this article, if any. If installation of a backflow
prevention device is required, all assemblies shall be a "no lead"
device and at minimum be an approved RP type or DC type for fire suppression
systems.
[Ord. No. 1228-14; Ord. No. 1236-15.]
All installations of backflow prevention assemblies shall be
done in accordance with the Uniform Plumbing Code's Construction Improvement
Standards adopted in 2013, as the same may be amended from time to
time. The backflow technician or other qualified employee or contractor
from the City shall inspect and approve all backflow prevention assembly
installations before the City will permit connection to its water
system.
[Ord. No. 1228-14; Ord. No. 1236-15.]
Only backflow prevention assemblies approved by the City shall
be permitted for installation on a customer's water service. A list
of approved backflow prevention assemblies will be provided by the
City upon request to any affected customer. Backflow prevention assemblies
shall be installed in the manner prescribed in section 7603 of Title
17 of the Code of California Regulations and any City ordinance, resolution,
rule, regulation, policy, plan or specification. The assembly shall
be located as close as practical to the customer's point of connection
to the City water system. The City shall have the sole and final authority
in determining the required location of a backflow prevention assembly.
[Ord. No. 1228-14; Ord. No. 1236-15.]
All commercial properties will be required to have backflow
preventing devices installed. Commercial properties currently protected
with the minimum of a double check valve ("DC") will be allowed to
continue in service using the DC as long as the cross-connection survey
of the premises do not identify any potential health hazards. Any
new business moving into an existing commercial location will be required
to install a RP backflow device with the exception of a device dedicated
only to a fire suppression system which then may use a DC backflow
device. Any new commercial buildings or unprotected commercial buildings
shall, at a minimum, be protected by a RP or a DC for fire suppression
systems.
[Ord. No. 1228-14; Ord. No. 1236-15.]
All industrial properties will be required to have backflow
prevention devices installed. Industrial properties currently protected
with the minimum of a double check ("DC") valve will be allowed to
continue in service using the DC as long as the cross-connection survey
of the premises do not identify any potential health hazards. Any
new business moving into an existing industrial location will be required
to install a RP backflow device with the exception of a device dedicated
only to a fire suppression system then a DC backflow device can be
used. Any new industrial buildings or unprotected industrial property
shall, at a minimum, be protected by a RP or a DC for fire suppression
systems.
[Ord. No. 1228-14; Ord. No. 1236-15.]
Residential fire sprinkler systems shall be designed as a flow-through
full-loop system whereby the fire line is connected to an active plumbing
fixture, such as the master bath toilet, as approved by the Building
Official. Commercial fire sprinkler systems currently protected with
a minimum of a single detector check valve will be allowed to continue
in service until such system is modified, updated or if the valve
is found to be defective. Any new commercial fire sprinkler system
or unprotected system shall, at a minimum, be protected by a DC Backflow
device.
[Ord. No. 1228-14; Ord. No. 1236-15.]
All approved backflow prevention assemblies shall be tested
immediately after installation and annually thereafter to ensure proper
operation. Existing backflow prevention assemblies are required to
be tested and inspected by January 1st of each calendar year. All
such testing will be conducted by a certified backflow control tester
approved by the City. A list of approved backflow control testers
will be provided to a customer upon request. In cases where the City
deems the potential risks of cross-connection to be significant, testing
may be required at more frequent intervals. Test procedures shall
be those currently recommended by the University of Southern California
Foundation for Cross-Connection Control or by AWWA. Each customer
having an existing or new backflow control assembly installed on his
or her premises shall provide the City with a copy of the results
of all tests conducted on that assembly within 10 days of receiving
the results. Any backflow prevention assembly that fails during a
test will be required to be repaired or replaced as outlined below
and retested at the customer's expense.
[Ord. No. 1228-14; Ord. No. 1236-15.]
If, after an initial cross-connection survey, the City determines that a customer is required to install an approved backflow prevention assembly, the customer shall have 60 calendar days to install and test the assembly and provide the City with the test results showing that the assembly is properly functioning and correctly installed. The City may in its sole and exclusive authority provide an extension of time for a customer's compliance with the installation requirement. In determining whether to grant a time extension, the City may consider, among other factors, the degree of potential risk of contamination of the water supply from cross-connection, the reasons supporting the customer's request for an extension, and the customer's diligence in complying with the requirements of this article. In cases when a backflow prevention assembly fails during periodic testing, the customer will be granted a maximum of 30 days to repair or replace the failed assembly. The City may require a customer to perform immediate repairs or replacement of a failed backflow prevention assembly if the City deems the risk of potential contamination form cross-connection to be unacceptable. The City will not grant any extensions of time to repair or replace a failed backflow assembly. In cases where a customer fails to or refuses to complete the annual testing of their backflow prevention assembly by the January 1st deadline and/or repair or replace a failed backflow prevention assembly as required by the City, the City shall immediately terminate the customer's connection to the City water system in the manner provided in the last paragraph of section
35-53 of this article. Water service to the customer's premises will remain terminated until corrective action has been taken. Once the exiting backflow prevention assembly has been properly repaired or a new assembly installed, the customer must contract a City-approved certified backflow control tester to have the device retested and provide the City with a copy of the test results. If the City deems that the repaired or newly installed assembly is properly installed and functioning, the City will permit the customer to reconnect to the City water system upon payment of all fees and charges necessary to reconnect and recommence water service to the customer's premises.
[Ord. No. 1228-14; Ord. No. 1236-15.]
The City shall maintain records of backflow prevention assembly
type, size, manufacturer, installation date, location, test results
and repairs for each assembly installed in the City. Such records
will be retained in accordance with the City's records retention policy.
The City shall maintain records of each installed assembly for the
life of the assembly. Periodic test results shall be retained by the
City for no less than three years in accordance with Title 17 of the
California Code of Regulations.
[Ord. No. 1228-14; Ord. No. 1236-15.]
This ordinance shall become effective 30 days from the date
of adoption. Before the expiration of 15 days after its adoption,
this ordinance shall be published once in the Oakdale Leader, a newspaper
of general circulation, published in the City of Oakdale, County of
Stanislaus, State of California.