(a) 
To protect the public potable water supply of the town from the possibility of contamination or pollution by isolating within the town utility customer’s internal distribution system(s) or the customer’s private water system(s), from such contaminants or pollutants which could backflow into the public water system;
(b) 
To protect the public water supply of the town from the possibility of contamination or pollution by isolation of the customer’s distribution system(s), which includes provisions for backflow prevention;
(c) 
To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s internal potable water distribution system(s) and non-potable water systems, plumbing fixtures and industrial piping systems; and
(d) 
To provide for a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the water system.
(Ordinance 14-0227 adopted 2/27/14)
Approved.
Accepted by the director of the town as meeting an applicable specification contained in this article.
Auxiliary water supply.
Any water supply on or available to the customer’s premises other than the approved town’s public water supply. These auxiliary waters may include water from another public potable water supply or any natural source(s) such as a well, spring, river, stream, “used waters,” or “industrial fluids.” Auxiliary waters may be contaminated, polluted, or may be objectionable, constituting an unacceptable water source over which the town water utility does not have sanitary control.
Backflow.
The reversal of the normal flow of water caused by either backpressure or backsiphonage.
Backflow preventer.
An assembly, device or other means designed to prevent backflow, which may include, with limitation:
(1) 
Air gap.
The 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 said vessel. An approved air gap shall be at least double the diameter of the supply pipe measured vertically above the top of the overflow rim of the vessel and in no case be less than one inch (1").
(2) 
Reduced-pressure principler assembly.
(A) 
An assembly of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation program resulting in an approval by a recognized and approved testing agency for backflow prevention assemblies as listed in this article.
(B) 
The assembly shall maintain the pressure in the zone between the two check valves at an acceptable level less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line testing and maintenance and be installed in a location where no part of the assembly will be submerged.
(3) 
Double check valve assembly.
An assembly of two independently operating approved check valves with tightly closing shut-off valves on each end of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation program resulting in an approval by a recognized and approved testing agency for backflow prevention assemblies. To be approved under the terms of this article, these assemblies must be readily accessible for in-line testing and maintenance.
(4) 
Atmospheric vacuum breaker.
A device that prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system.
(5) 
Pressure vacuum breaker.
A device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Such a device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).
Backpressure.
The flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of a potable water supply system from any source or sources other than the intended source.
Backsiphonage.
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
Building official.
The building official of the town, or his designated representative.
Commission.
The Texas Commission on Environmental Quality (TCEQ) formerly known as the Texas Natural Resource Conservation Commission (TNRCC) or any successor agency.
Contamination.
An impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials, to a degree which creates an actual or potential hazard to the public health through poisoning or through the spread of disease.
Cross-connection control by containment.
The installation of an approved backflow prevention assembly at the water service connection (meter) to any customer’s premises which shall be required if determined by the director of public works.
Cross-connection, controlled.
A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained (so that it will continuously afford the protection from the hazard of backflow).
Cross-connection section.
(1) 
A connection, any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it may be possible for non-potable, or used, or unclean, or polluted or contaminated water, or other substances, to enter into any part of such potable water system under any condition.
(2) 
Any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include any temporary connections, such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices or sliding multiport tube.
Director.
The director of public works for the town, or his designated representative.
Hazard, degree of.
An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system which may include, with limitation:
(1) 
Hazard - health.
Any condition, device, or practice in the water supply system or its operation which creates or may create, in the judgment of the director, a danger to the health and well-being of the water customers of the town.
(2) 
Hazard - plumbing.
A cross-connection in a customer’s potable water system that has not been properly protected by an approved air gap or approved backflow prevention assembly.
(3) 
Hazard - pollution.
An actual or potential threat to the physical properties of the water system or to the potability of the public water system or the customer’s potable water system which would constitute a nuisance or could reasonably cause damage to the water system or its appurtenances, but would not be dangerous to health.
(4) 
Hazard - system.
An actual or potential threat of severe damage to the physical properties of the public potable water system or the customer’s potable water system or of pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
Industrial fluids system.
Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply. This may include, without limitation, polluted or contaminated waters; all types of process waters; “used waters” originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulating cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters (such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.); oils; gases; glycerin; paraffin; caustic and acid solutions; and other liquid or gaseous fluids used in industrial or other processes, or for firefighting purposes.
Notice.
Notification by written letter, email, or by facsimile.
Notice time line.
30 days to correct and/or reply to any notice received by the director, unless otherwise noted in this article.
Pollution.
The presence of any foreign substance (whether organic, inorganic, or biological) in water, which tends to degrade its quality so as to constitute a hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
User or customer.
Any individual, business, or similar public or private entity, all property owners, lessees, and/or tenants who purchase water from the town for use in their own customer system.
Water, potable.
Any water which, according to recognized standards, meets the requirements of the state department of health for human consumption and other domestic uses.
Water, nonpotable.
Water which is not safe for human consumption or which is of questionable potability.
Water, service connection.
The terminal end of a service connection from the public potable water system; i.e., where the town loses jurisdiction and sanitary control over the water at its point of delivery to the customer’s water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer’s water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
Water, used.
Any water supplied by the town from a public potable water system to a customer’s water system, after it has passed through the point of delivery and is no longer under the sanitary control of the town.
Water system.
The town’s water system which consists of the source facilities and the distribution system and shall include all those facilities of the town’s water system, up to the point where the customer’s water system begins including, without limitation, distribution lines, treatment plants, reservoirs, pump stations, mains, residential and commercial connections, and any other parts or components that comprise the public water and wastewater system of the town. Additionally the following terms shall mean:
(1) 
Customer’s system.
The customer’s system means those parts of the water system facilities beyond the termination of the town’s distribution system, which are utilized for conveying utility-delivered domestic water to points of use for its customers.
(2) 
Distribution system.
The town’s water distribution system shall include the network of conduits used for the delivery of water from the source to the customer’s system.
(3) 
Source.
The water source shall include all components of the town’s water system facilities utilized in the production, treatment, storage, and delivery of water to the town’s water distribution system.
Wholesale customer.
Any person(s) or business that purchases water from the town for resale to a third party, person, business, etc.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
The director shall be responsible for the protection of the public potable water distribution system from contaminants or pollutants through the customer’s water service connection and is hereby vested with the authority and responsibility for the implementation of an effective cross-connection control program and shall enforce the provisions of this article. If, in the judgment of the director, an approved backflow prevention assembly is required (at the customer’s water service connection or within the customer’s private water lines) for the safety of the public water system, the director (or his designated agent) shall give notice in writing to said customer to install an approved backflow prevention assembly or assemblies at specific location(s) on such customer’s premises. The customer shall immediately install such approved assemblies at his own expense; and failure, refusal or inability on the part of the customer to so install, have tested and maintain said assemblies shall constitute a ground for discontinuation of water service to the customer’s premises until such requirements have been satisfactorily met.
(b) 
The building official, through the code enforcement section, shall assist the director with the enforcement and implementation of this article. The fire marshal will also assist the director with enforcement and implementation of this article. The fire marshal shall coordinate the annual testing of applicable backflow prevention assemblies with other required annual testing of fire suppression systems as provided in this article.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
All property owners, lessees, and tenants shall obey the provisions of this article. If changes are made to the plumbing system of a customer, the property owner shall notify the director or the town’s building official.
(b) 
The owner of leased premises is solely responsible for the installation, testing and repair of all backflow assemblies on or about the leased premises. When the lessee or tenant changes, the owner shall immediately notify the director.
(c) 
The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to purchasing, installation, testing and repair of the backflow assemblies. Such costs shall also include point-of-use and premises-isolation assemblies. The owner or lessee shall reimburse the town for any extraordinary costs or costs of actual tests or corrections performed or incurred at the premises by the town.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
For those users who have applied for a plumbing permit from the town’s permit office and paid the applicable fee as set forth in the town’s fee schedule for new construction; or substantial rehabilitation; work on existing plumbing systems; additions; corrections; or improvements; and at the request of the director, the users shall contact the town (or his designated representative), to schedule a customer service inspection prior to receiving a final plumbing inspection approval. The director may also require a customer service inspection to an existing service if the building official or the director has reason to believe that a cross-connection or other unacceptable plumbing practice exists. Alternatively, the building official or director may elect to provide a customer service inspection certificate for the building permit applicant or building owner.
(b) 
Only town staff (or his designated representative) with the following credentials shall be eligible to conduct a customer service inspection and sign the certificate:
(1) 
Plumbing inspectors and water supply protection specialists licensed by the state board of plumbing examiners.
(2) 
Waterworks operators licensed by the TCEQ.
(3) 
Licensed plumbers may perform customer service inspections on single-family residential services only.
(c) 
The director (or his designated representative) shall retain these certificates on file for a period of ten (10) years. The certification shall be on a form acceptable to the director. A sample certification form is shown in exhibit B to Ordinance 14-0227 which is on file with the town secretary and incorporated herewith by reference and made a part of this article for all purposes. The director may from time to time modify or amend the form of this certification form, in his sound discretion.
(d) 
The customer’s water system shall comply with the requirements listed below, and the certification form shall certify the following:
(1) 
That there is no direct connection between the public drinking water supply and a potential source of contamination; that potential sources of contamination are isolated from the public water system by an air gap or an appropriate backflow prevention assembly in accordance with state plumbing regulations; and that all pressure relief valves and thermal expansion devices are in compliance with the town’s plumbing code;
(2) 
That there is no cross-connection in existence between the public drinking water supply and private water source;
(3) 
That there is no connection in existence which would allow the return of water used for condensing, cooling or industrial processes back to the public water supply;
(4) 
That there is no pipe or pipe fitting which contains more than 8.0% lead existing in private plumbing facilities installed on or after July 1, 1988;
(5) 
That there is no solder or flux which contains more than 0.2% lead existing in customers’ plumbing facilities installed on or after July 1, 1988;
(6) 
That there is no plumbing fixture installed which is not in compliance with the state approved plumbing code.
(e) 
As unacceptable plumbing practices are discovered, users shall eliminate those practices to prevent possible contamination of the water distribution system.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
No water service connection to any premises shall be installed, permitted, or maintained in the town unless and until the water supply is protected as required by state and federal laws and regulations and this article including, without limitation, the regulations of the commission. Service of water to any premises shall be discontinued by the town if a backflow prevention assembly required by this article is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed or bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected. The director may pursue other remedies to ensure compliance with this article. If required, all users shall provide, maintain and routinely test approved backflow assemblies as required by the town’s plumbing code and by this article. The director may require the installation of approved backflow assemblies as deemed necessary. Residential dwellings with lawn-watering devices shall require a backflow prevention device. All other lawn-watering devices shall require an approved backflow assembly. The type of device shall be determined by the director.
(b) 
The customer’s water system shall be open for inspection at all reasonable times to authorized representatives of the town to determine whether cross-connections or other system or sanitary hazards, including violations of this article, exist.
(c) 
No cross-connection shall be permitted between any system of piping supplied by water from the mains of the town’s water system, and any other source of supply, whether public or private.
(d) 
Where the town’s water is used by a customer as an auxiliary supply to a roof or suction tank, which is also supplied by water from any other source, such tank shall not be of the pressure type, but shall be an open type containing a vent. The delivery of town’s water shall be above the tank overflow rim and controlled by an approved automatic valve.
(e) 
It shall be unlawful to maintain potable water storage tanks supplied only with the town’s water, unless the tanks are satisfactorily built and covered so as to prevent the entrance of contaminants. These tanks and static storage systems and other static water storage facilities, including ponds, serving fire suppression systems, shall be designed and built so as to prevent the entrance of contaminants to the town’s water system and shall also be subject to periodic inspection by the town through its water department and maintained in a manner in compliance with the standards and requirements of the commission. Pumps taking suction from the town’s water supply serving such static storage systems shall be installed or operated only upon request or permit from the town subject to their approval as to size, rate, capacity and valving arrangements. Storage tanks supplied with the town’s water shall require an air gap or approved backflow assembly. In such cases, a specific backflow assembly shall be required at the service connection.
(f) 
It shall be unlawful for anyone to interconnect private water supplies, including without limitation, deep well systems, with the town’s water system.
(g) 
If required by the director, an approved backflow prevention assembly shall be installed in each water service line to a customer’s water system at a location at or near the property line or immediately inside the building being served, but in all cases before the point where the first branch line leading off of the water service line, wherever any of the following conditions exist:
(1) 
In the case of premises upon which any industrial fluids or any other objectionable substances are handled in such a manner as to result in an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly appropriate to the degree of hazard in the service line. This shall include but not be limited to the handling of process waters or waters originating from the water utility system which have been subject to deterioration in quality.
(2) 
In the case of premises having: (A) internal cross-connections that cannot be permanently corrected and controlled; or (B) intricate plumbing and piping arrangements; or (C) where entry to all portions of the premises is not readily accessible for inspection purposes making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the water service line.
(3) 
Any nonresidential building greater than one-story elevation.
(4) 
Any residential building structure greater than two-story elevation.
(h) 
The water supply to all boilers of users shall require internal protection in the form of an approved air gap separation or an approved reduced-pressure principle assembly.
(i) 
All bypass systems shall include a required backflow assembly as determined by the director.
(j) 
The type of protective assembly required to be utilized by the customer shall depend upon the degree of hazard, such as:
(1) 
In the case of any premises where there is water or any other substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected by an approved double-check valve assembly or by an approved air gap separation.
(2) 
In the case of any premises where [there is] any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap separation or an approved reduced-pressure principle backflow prevention assembly. Examples of premises where these conditions could exist are listed in exhibit A to Ordinance 14-0227, on file with the town secretary and incorporated herewith and made a part of this article for all purposes. The director, upon review of individual facilities of the type listed on exhibit A to Ordinance 14-0227, may require a double-check valve assembly if he determines that the degree of hazard for that particular user is low.
(3) 
In the case of any premises where there are “uncontrolled” cross-connections, either actual or potential, the town’s water system shall be protected by an approved air gap separation or an approved reduced-pressure principle backflow prevention assembly at the point of service connection.
(4) 
In the case of any premises where, because of security requirements or because of other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the water system shall be protected against backflow from the premises by either an approved air gap separation or an approved reduced-pressure principle backflow prevention assembly in each water service line to the premises.
(5) 
Any residential or commercial user of the town’s water shall provide backflow prevention on all irrigation systems within the town. Atmospheric or pressure vacuum breakers shall be utilized on irrigation systems subject to the degree of hazard, and subject to the approval of the building official and the director.
(k) 
Any backflow prevention assembly required herein shall be of a model and a size approved by the director. The term “approved backflow prevention assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled “AWWA C506-78 Standards for Reduced-pressure Principle and Double Check Valve Backflow Prevention Devices,” or as such standards may be amended, which has completely met all laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC&HR) of the University of Southern California established by Specifications of Backflow Prevention Devices #69-2 dated March 1969 or the most current issue thereof.
(1) 
The above-stated AWWA and FCCC&HR standards and specifications, as the same presently exist, or as same may hereafter be amended, modified or supplemented, are hereby adopted by the town as the applicable standards for backflow prevention assembly devices. Compliance with such standards and specifications shall be evidenced by a “certificate of approval” issued by an approved testing laboratory certifying full compliance with the above-stated AWWA standards and the above-stated FCCC&HR specifications. The following testing laboratories have been qualified by the director to test and certify backflow prevention assembly devices:
Foundation for Cross-Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, CA 79007
Texas A&M University
Extension Services
College Station, TX 77843-8000
(2) 
Testing laboratories other than those listed in subsection (1) above will be added to an approved list as they are qualified by the director, in his sole discretion. Backflow preventers, which may be subjected to backpressure to backsiphonage, that have been fully tested and have been granted a certificate of approval by said qualified laboratories and are listed on the laboratory’s current list of “approved backflow prevention devices” may be used with the written approval of a qualified tester, as defined herein.
(l) 
It shall be the responsibility of the director to determine the need for double-detector check or backflow prevention assemblies related to fire protection systems. This determination will be made on individual installations or fire suppression systems.
(m) 
Backflow/backsiphonage assemblies shall be installed in accordance with current town water utility standards. Vaults and dimensions shall also conform to such standards.
(n) 
All assemblies, other than those related to fire protection systems, shall be inspected by the building official or his designee upon completion of said building or remodeling project or development, for approval by a qualified tester.
(o) 
Should any system supplied by the town’s water be operated in violation of any provision of this article, the director shall direct that all service lines serving such system be completely disconnected until this article has been complied with. Any cost of such disconnection and the estimated cost of reconnection shall be paid by the consumer before water service shall be restored. If fire protection is being supplied by the noncompliant system, the town may elect to disconnect only the water service for non-fire-suppression uses, and may issue citations to the user until such time as the user corrects the problem, or the user’s assemblies are tested, and thereafter charge the user for such testing. The issuance of citations for violations of this article shall be the responsibility of the director. However, the owner of premises is responsible for proper protection and all liability in connection with all cross-connection violations.
(p) 
All presently installed backflow prevention assemblies that do not meet the requirements of this article but which were approved devices for the purposes described herein at the time of their installation and which have been properly maintained, shall, except for the inspection and maintenance requirements, be excluded from the requirements of these rules only if the director is assured that such assemblies will satisfactorily protect the town’s water system. Whenever any existing device is moved from its present location, or requires more than minimum maintenance, or when the director finds that the maintenance constitutes a hazard to health, such device shall be replaced by an approved backflow prevention assembly meeting the requirements of this article.
(q) 
Test cocks shall be required on all backflow prevention assemblies.
(r) 
Identification, including the size, model number, and serial number, shall be placed on the actual device at least 1/4" in height, and of durable marking material.
(s) 
A plumbing permit must be obtained for installation of all backflow prevention assemblies.
(t) 
All approved backflow assemblies shall be of the type which is basically nonremovable and installed in such a manner that removal of said assembly would prohibit water flow.
(u) 
If a cross-connection arises, the director may recommend that a boil water order be made. Such order shall provide protection in such a hazardous situation. The duration of said order shall be determined by the director.
(v) 
All cases of cross-connection shall be immediately reported to the director and the building official.
(w) 
Internal protection surveys shall be performed once each year per establishment and as further required by the director, in the interest of public health and safety.
(x) 
Thermal expansion.
It is the responsibility of the property owner to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow assembly.
(y) 
Pressure loss.
Any water pressure drop caused by the installation of a backflow assembly shall not be the responsibility of the town. The town’s water utilities department may provide reasonable assistance to any property owner regarding information respecting the adequate sizing of assemblies, proper plumbing practices to provide for required pressure and flows for fire protection or domestic service.
(z) 
Mobile units.
(1) 
A person who owns or operates any vehicle that uses water from the town’s public water system shall obtain a use permit from the director before accessing the public water system. The director may require a fixed air gap mounted on the top of such vehicle.
(2) 
The failure of any customer to comply with this article shall be grounds for the town to revoke any use permit and to deny the customer the privilege of reapplying for such a permit in the future.
(3) 
The director may deny a use permit to any person who is not in compliance with this article (or who has a history of violating the requirements of this article). A person commits an offense if that person operates or causes to be operated a vehicle in violation of section 12.06.011.
(4) 
Any tampering or removal of backflow assembly on any fire hydrant meter is unlawful and will constitute a violation of this article by the person so tampering or removing any assembly, who shall be subject to the penalties provided by this article.
(Ordinance 14-0227 adopted 2/27/14)
Every wholesale customer that has a contract for water services with the town shall have an active, ongoing cross-connection program approved by the director. The town reserves the right to require a reduced-pressure principle assembly or air gap at the point of interconnects.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
The director (or his designated representative) shall administer an inspection program to assure that backflow prevention devices are properly maintained and operated within the town’s water system. The director, in administering the inspection program, shall take into account the complexity and operating characteristics of the assembly and the protection afforded the potable water system by the assembly. Reduced-pressure and double-check backflow prevention assemblies installed pursuant to the town’s plumbing code are subject to inspection and testing by the town water utilities department.
(b) 
The director will inspect and test, or cause to be inspected and tested, all assemblies in each of the following circumstances:
(1) 
Immediately after installation;
(2) 
Whenever the assembly is moved;
(3) 
A minimum of once a year for all assemblies for high hazard uses;
(4) 
Any premises that has a RP assembly as premises isolation without high hazard point-of-use protection must be tested annually; and
(5) 
Immediately after repair.
(c) 
Assemblies may be required to be tested more frequently than specified above, if the director deems the same necessary, in order to safeguard the public health and safety of the residents of the town, or to protect the town’s potable water supply.
(d) 
All assembly testing shall be performed by a certified and registered backflow prevention assembly tester, in accordance with state-approved test procedures.
(e) 
It is the responsibility and expense of the property owner and the person in control of the premises to have all assemblies tested in accordance with this article. A person who owns, operates, or manages premises in which required backflow prevention assemblies are installed shall maintain at their expense such assemblies in proper working order at all times, including repair as required. All maintenance and repair of assemblies shall be done in accordance with all applicable provisions of this article. It shall be the duty of the director (or his designated representative) to see that these tests are made in a timely manner. The user shall notify the director in advance when the tests are to be undertaken so that the director or his representative may witness the tests, if so desired. These assemblies shall be repaired, overhauled or replaced at the expense of the user when they are found to be defective. The user shall submit the original records of tests, repairs and overhauls to the director or his representative, and these test records shall be kept by the director for a period of not less than three (3) years. The test records shall be in a form acceptable to the director, an example of which is shown in exhibit C to Ordinance 14-0227 on file with the town secretary and incorporated herein by reference and made a part of this article for all purposes. If assemblies that service a particular line, including fire hydrants, etc., require extended repair time, the owner shall notify the director or the town’s fire department for those lines serving fire suppression systems. The user shall maintain backflow prevention assemblies in a manner that allows them to be tested by a method that has been approved by the director. A person commits an offense under the provisions of this article, if the person owns or is in control of any premises and knowingly fails or refuses to have the backflow prevention assemblies installed on said premises inspected, tested, maintained or repaired as ordered, as required by this article. The town shall not be liable for damage to any assembly that occurs during testing, including without limitation, any damage that occurs during testing when such damage results from metal fatigue or deteriorated metal when such damage occurs under standard testing procedures.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
All backflow assembly testers operating within the town shall be certified in accordance with all applicable regulations of the commission and this article. No person shall operate as a backflow prevention assembly tester within the town without first being annually registered with the town’s water department.
(b) 
At the time of registering with the town each person certified as a backflow prevention assembly tester shall furnish evidence to show that he or she is insured and bonded to perform services on private property, and has all licenses currently required by the state and the town to perform the contemplated services.
(c) 
Persons certified as backflow prevention assembly testers shall meet the following requirements:
(1) 
Hold a current backflow prevention assembly testers’ certification accepted by the commission;
(2) 
Receive confined space entry training certification;
(3) 
Maintain general commercial liability insurance and automobile liability insurance with the following minimum policy limits: $250,000.00 per person and $500,000.00 per accident for bodily injury; and $100,000.00 per accident for property damage, or $500,000.00 if combined; and
(4) 
Submit a completed application form to the director.
(d) 
A person commits an offense if the person knowingly operates as a backflow prevention assembly tester within the town without holding a valid certification and being registered with the town’s water department.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
No certified backflow assembly tester shall operate within the town without first registering with the water department. The director (or his designated representative) shall determine whether an applicant is eligible for registration.
(b) 
A registration for certified backflow assembly testing shall remain in effect provided:
(1) 
The tester maintains eligibility for registration and certification; and
(2) 
Such registration has not been revoked by the director.
(c) 
Each applicant for registration as a certified backflow assembly tester shall:
(1) 
Provide evidence to the director to establish that the applicant has available the necessary tools and equipment to properly test backflow prevention assemblies;
(2) 
Provide evidence to the director that the applicant that successfully completed “permit confined space entry training” as specified by the Federal Occupational Safety and Health Agency in 29 CFR 1910.146; and
(3) 
Identify all test gauges the applicant will use in testing backflow prevention assemblies. Testers shall not be permitted to use duplex gauges when testing assemblies.
(d) 
A registered backflow prevention assembly tester shall:
(1) 
File the serial number of each of his or her test kits with the director;
(2) 
Annually have each recorded test kit tested for accuracy and calibrated to maintain a 2% accuracy factor;
(3) 
Perform competent and accurate certifications of each backflow prevention assembly tested and shall submit complete reports thereof to the director;
(4) 
List registered serial numbers of test gauges on tests and maintenance reports prior to submitting them to the director; and
(5) 
Not change the design or operation characteristics of a backflow prevention assembly.
(e) 
After ten (10) days’ written notice, the director may revoke a registration if the director determines that the tester:
(1) 
Has made false, incomplete, or inaccurate assembly testing reports;
(2) 
Has used inaccurate gauges;
(3) 
Has used improper testing procedures;
(4) 
Has expired insurance;
(5) 
Is not in compliance with applicable safety regulations;
(6) 
Has failed to register the serial number of his or her test kits, or failed to calibrate gauges annually as required by this article; or
(7) 
Has violated any other provision of this article.
(f) 
A person commits an offense if the person knowingly performs services as a backflow prevention assembly tester within the town without obtaining a valid registration issued by the director (or his designated representative).
(Ordinance 14-0227 adopted 2/27/14)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device required under this article, shall upon conviction be punished by a fine in accordance with the general penalty provision found in title 30, Texas Administrative Code, section 290.266, for each violation, or as otherwise may be authorized by law.
(Ordinance 14-0227 adopted 2/27/14)
(a) 
Any person who shall violate any provision of this article, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with the general penalty provision found in this code, or as otherwise authorized under state law, and each day that such violation continues shall constitute a separate offense.
(b) 
Any person violating any of the provisions of this article shall become liable to the town for any and all expense, loss or damage occasioned by the town by reason of such violation.
(c) 
In addition to the penalties provided herein, this article is enforceable by injunction or any other available remedy in any court of competent jurisdiction. The town may recover its reasonable attorneys’ fees, court costs, court reporter’s fees and other litigation expenses of litigation against any person found to have violated this article or the orders, rules, regulations and permits issued hereunder.
(d) 
The director, the building inspector, the fire marshal, or their duly designated employees or any other personnel authorized to issue class C misdemeanor citations are authorized to issue citations for violations of this article.
(Ordinance 14-0227 adopted 2/27/14)
As a condition of obtaining water service from the town, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the town’s plumbing code (article 4.02, division 8). In the event of a conflict between this article and the Texas Administrative Code, the more restrictive provision shall apply.
(Ordinance 14-0227 adopted 2/27/14)