Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial establishment that is connected to any public water supply or that provides water to the public shall be equipped with the protection required under the provisions of this article.
(2001 Code, sec. 3.508(a))
For the purpose of this article, the following definitions apply, unless the context clearly indicates or requires a different meaning. If a word or term used in this article is not contained in the following list, its definition, or other technical terms used, shall have the meaning or definitions listed in the most recent adopted edition of the city plumbing code and/or the most recent Manual of Cross-Connection Control published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC FCCCHR). The following definitions shall apply to this article:
Air gap.
Provides maximum protection from backflow hazards and should be utilized at all locations where “high” hazardous substances are at risk of entering the potable water system.
Air gap separation.
A physical separation between the free-flowing discharge end of a potable water supply piping and/or appurtenance and an open or non-pressure-receiving vessel, plumbing fixture or other device. An “approved air gap separation” shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device, in no case less than one inch. Air gaps shall not be altered in any way without prior approval from the regulatory authority. Hoses are not allowed.
Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or AVB.
A device used to prevent backsiphonage. This device cannot be tested and cannot prevent backpressure backflow.
Auxiliary supply.
Any water source or system other than the public water system that may be available in the building or on the property, including groundwater or surface waters used for industrial, irrigation or any other purpose.
Backflow.
The flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system.
Backflow prevention assembly or assembly.
An assembly to counteract backpressure or prevent backsiphonage.
Backpressure.
Any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.
Backsiphonage.
The flow of water or other liquids, mixture or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system.
City or the city.
The City of Azle or its representative.
Commercial establishment.
A property or location which is used primarily for manufacture, production, storage, wholesaling or retailing of services which is or may be placed in the flow of commerce, or any property or location which is used primarily for the provision of any service.
Contaminants.
Any foreign material, solid, liquid or gaseous, that is not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption.
Contamination.
The admission of contaminants into the potable water supply system.
Cross-connection.
Any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it is possible for any nonpotable, used, unclean, polluted and/or contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions.
Cross-connection control device.
Any approved or recognized device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent nonpotable, used, unclean, polluted and/or contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions.
Customer service inspection.
An inspection designed to inspect and detect any actual or potential cross-connection hazards and/or exceedence of the lead action level in solder or flux, pipe or pipe fittings.
Degree of hazard.
The low or high hazard classification that shall be attached to all actual or potential cross-connections.
(1) 
Health hazard.
An actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.
(2) 
High hazard.
The classification assigned to an actual or potential cross-connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.
(3) 
Low hazard.
The classification assigned to an actual or potential cross-connection that potentially could allow a substance that may be objectionable but not hazardous to one’s health to backflow into the potable water supply.
(4) 
Pollution hazard.
An actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined. Maximum degree of intensity of pollution which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances.
(5) 
System hazard.
An actual or potential threat of severe danger to the physical properties of the public or consumer’s potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.
Director.
The city manager, the city manager’s designated utility maintenance supervisor, or his designee who is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this article.
Double check valve [detector] backflow prevention assembly or double check detector or DCDA.
An assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow.
Double check valve backflow prevention assembly or double check assembly or double check or DC.
An assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated shut-off valves attached at each end of the assembly and fitted with properly located resilient seated test cocks.
Fireline tester.
A tester who is employed by a state-approved fireline contractor and is qualified to test backflow prevention assemblies on firelines.
General tester.
A tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except firelines.
Manual of Cross-Connection Control.
The latest edition as published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (abbreviated as USC FCCCHR).
Mobile unit.
Any operation which may have the potential to introduce contaminants into a potable water system from a mobile source. These include, but are not limited to, carpet cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. All mobile units shall use an air gap or an approved backflow prevention assembly prior to connection to the potable water supply. Prior approval and annual device testing is required.
Potable water supply.
Any water supply intended or used for human consumption or other domestic use.
Premises.
Any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it.
Pressure vacuum breaker backflow prevention assembly or pressure vacuum breaker or PVB.
An assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure backflow. The assembly is a combination of a single check valve with an AVB and can be used with downstream resilient seated shut-off valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allow the full testing of the assembly.
Public water system or system.
Any public or privately owned water system which supplies water for public domestic use. The system includes all services, reservoirs, facilities, and any equipment used in the process of producing, treating, storing, or conveying water for public consumption.
Reduced pressure principle backflow prevention assembly or reduced pressure principle assembly or RP assembly or RP.
An assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shut-off valve at each end of the assembly.
Reduced pressure principle detector backflow prevention assembly or reduced pressure detector or RPDA.
An assembly composed of a line-size approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for very low rates of flow.
Regulatory authority.
Any municipal officer or department of the city appointed by the city manager to administer this article.
Representative of the water system.
A person designated by the city to perform cross-connection control duties that shall include, but are not limited to, cross-connection inspections and water use surveys.
Residential use.
Water used by any residential customer of the water supply, and includes single-family dwellings, duplexes, multiplexes, and housing and apartments where the individual units are each on a separate meter or, in cases where two or more units are served by one meter, the units are full-time dwellings.
Service connection.
The point of delivery which the water purveyor loses control of the water.
Spill-resistant pressure vacuum breaker or SPVB.
An assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shut-off valves attached at each end of the assembly.
TCEQ.
The state commission on environmental quality.
Tester.
A person that is a certified backflow prevention assembly technician approved by and registered with the city and the TCEQ.
Thermal expansion.
Heated water that does not have the space to expand.
Water use survey.
A survey conducted or caused to be conducted by the local authority designed to identify possible sources of pollution and/or contamination to the potable water supply.
(2001 Code, sec. 3.508(b))
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this article.
(1) 
The owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth of enclosure, and other requisites of the assembly prior to its installation.
(2) 
All permits and inspections required by the city code to perform work in the right-of-way shall be obtained.
(3) 
The assembly shall be installed per manufacturer specifications. Any assembly or portion of an assembly that extends above ground shall be located no closer than eighteen inches (18") to the face of the curb.
(4) 
The city shall not be liable for any damage done to or caused by an assembly installed in a right-of-way.
(5) 
A property owner shall, at the request of the city and at the owner’s expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way when such relocation is necessary for street or utility construction or repairs for purposes of public safety.
(6) 
A person commits an offense if, after receiving a written order from the regulatory authority, he or she fails to relocate a backflow prevention assembly located in or upon any city right-of-way.
(2001 Code, sec. 3.508(c))
Any premises requiring multiple service connections for adequacy of supply and/or fire protection will be required to install a backflow assembly on each of the service lines to the premises. The type of assembly will be determined by the degree of hazard that could occur in the event of an interconnect between any of the water systems on the premises.
(2001 Code, sec. 3.508(d))
(a) 
The backflow prevention assembly protection which is required under this article shall be approved by the regulatory authority. Failure to obtain such approval prior to installation of the backflow prevention assembly may result in the backflow prevention assembly failing to meet final approval by the regulatory authority. The regulatory authority shall determine the type and location of backflow assembly to be installed within the area served by the city. An assembly will be required in each of the following circumstances, but the customer is in no way limited to the following circumstances:
(1) 
The nature and extent of any activity of the premises, or the materials used in connection with any activity of the premises, or materials stored on the premises, if said activity or material could contaminate or pollute the potable water supply;
(2) 
Premises having any one or more cross-connections and the cross-connection(s) are protected by an atmospheric vacuum breaker device (AVB);
(3) 
Internal cross-connections are present that are not correctable;
(4) 
Intricate plumbing arrangements that are present which make it impractical to ascertain whether cross-connections exist;
(5) 
There is unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency to assure that cross-connections do not exist;
(6) 
Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of the city;
(7) 
An appropriate cross-connection survey report form has not been filed with the public services/utility maintenance department of the city upon request of the city;
(8) 
A fire suppression system that is connected to the city’s water system;
(9) 
All new construction if deemed necessary in the customer service inspection. The type of assembly required will be determined by the degree of hazard;
(10) 
When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly may be installed at the service connection that supplies water for public domestic use;
(11) 
Any used water return system;
(12) 
In the event a point-of-use assembly has not had the testing or repair done as required by this article, a premises isolation assembly will be required;
(13) 
If it is determined that additions or alterations have been made to the plumbing system without obtaining proper permits, premises isolation may be required;
(14) 
All multi-story buildings or any building with a booster pump or elevated storage tank; or
(15) 
Retrofitting will be required on all high hazard connections and wherever else the city deems necessary to meet the intent of this article.
(b) 
All backflow prevention assemblies installed after the effective date of this article shall be installed in a manner designed to facilitate ease of inspection and testing by the regulatory authority of the city or registered testers. Any currently installed backflow prevention assemblies which are located in inaccessible locations or where the tester is subject to physical danger shall be relocated to approved locations.
(2001 Code, sec. 3.508(e))
(a) 
The regulatory authority shall require all backflow prevention assemblies to be inspected and tested in each of the following circumstances:
(1) 
Immediately after installation;
(2) 
Whenever the assembly is moved;
(3) 
A minimum of once a year, per manufacturer specifications or state and federal regulations;
(4) 
For premises that have been vacated and unoccupied for one year, prior to reoccupancy; and
(5) 
Immediately after repairs.
(b) 
All assembly testing shall be performed by a state-certified backflow prevention assembly tester, approved and registered by the regulatory authority.
(c) 
Duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. Persons and occupants of premises which are provided water service by the city, either directly or indirectly, shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, testing, or records examination, or in the performance of any of its duties. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(d) 
The city is not liable for damage to a backflow prevention assembly which may occur during testing.
(e) 
The regulatory authority may cause a water use survey to be conducted at any establishment located in the city which is served by a public water supply or which provides water to the public. Upon determination by the regulatory authority that the establishment falls under the provisions of this article and requires a backflow prevention assembly, the regulatory authority shall issue a notice to abate the condition or order the establishment to install the proper backflow prevention assembly.
(f) 
It is the responsibility of any person who owns or controls property to have all assemblies tested annually in accordance with this section. Assemblies may be required to be tested more frequently if the regulatory authority deems necessary.
(g) 
All results from assembly testing by a certified backflow prevention assembly tester shall be placed on the city’s backflow prevention assembly test and maintenance report or a form that has been approved by the regulatory authority.
(2001 Code, sec. 3.508(f))
It is the responsibility of any person who owns or controls property to eliminate the possibility of thermal expansion if a closed system has been created by the installation of a backflow prevention assembly.
(2001 Code, sec. 3.508(g))
Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city.
(2001 Code, sec. 3.508(h))
Any person who owns or controls any residential property which has been determined to have an actual or potential cross-connection will be required to eliminate the actual or potential cross-connection or have an approved backflow assembly installed in accordance with this article.
(2001 Code, sec. 3.508(i))
Any person who owns or controls property is responsible for the installation, test and repair of all backflow assemblies on their property.
(2001 Code, sec. 3.508(j))
(a) 
All water distribution infrastructure must be constructed, installed and tested in accordance with TCEQ rules and regulations, as amended, for public water systems.
(b) 
Permanent water service shall not be supplied to any newly constructed infrastructure until after the city has received the results of the bacteriological test(s) and the results show that no bacteria is present.
(c) 
Permanent water service shall not be supplied to any newly constructed infrastructure until an inspection is completed by the regulatory authority or representative to insure that all state regulations and local codes have been met.
(d) 
Temporary water services which pose a potential cross-connection threat to the potable water supply shall be protected by an approved backflow prevention assembly.
(2001 Code, sec. 3.508(k))
(a) 
Pursuant to TCEQ rules and regulations for public water systems, a customer service inspection for cross-connection control shall be completed by the regulatory authority prior to providing continuous water service in each of the following circumstances:
(1) 
Newly constructed facility or previously non-existent premises;
(2) 
After any material improvement to building(s) or premises;
(3) 
Any correction or addition to the plumbing of any facility or premises; and
(4) 
As the regulatory authority deems it necessary.
(b) 
Permanent water service shall not be supplied to newly constructed facilities until after the customer service inspection is completed by the regulatory authority or its representative.
(c) 
Temporary water service which poses a potential cross-connection threat to the potable water supply shall be protected by an approved backflow prevention assembly.
(2001 Code, sec. 3.508(l))
To ensure proper operation and accessibility of all backflow prevention assemblies, the most current guidelines contained in the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research Manual of Cross-Connection Control, which is adopted hereto by reference and incorporated herewith, shall apply to the installation of these assemblies.
(2001 Code, sec. 3.508(m))
All new installations of fire suppression systems which utilize the city’s potable water supply shall have installed an approved backflow prevention devices according to the degree of hazard. For proper installation and guidelines, refer to the city’s most current fire code and/or plumbing code.
(2001 Code, sec. 3.508(n))
(a) 
An approved double check device backflow prevention assembly (DCD) or reduced pressure detector assembly (RPDA) shall be the minimum protection for fire hydrant water meters. An RPDA must be installed if any solution other than potable water can be introduced into the system.
(b) 
It is the responsibility of all persons engaging in the use of a fire hydrant water meter to abide by the conditions of this article.
(c) 
Only city fire hydrant water meters with approved backflow prevention assemblies are allowed to be used within the potable water system.
(d) 
All non-approved fire hydrant meters which are found to be in use in the city will be confiscated and enforcement action taken against the responsible party, as allowed for in the enforcement section in this article [section 3.07.020].
(2001 Code, sec. 3.508(o))
(a) 
It is the responsibility of all property owners and/or persons in charge of any premises to abide by the conditions of this article and to comply with the following:
(1) 
Payment of all costs associated with this article and the purchase, installation, testing and repair of backflow prevention assemblies.
(2) 
To install and maintain all backflow prevention assemblies in accordance with this article and acceptable industry practice.
(3) 
All commercial establishments shall cause to have all backflow prevention assemblies on their premises tested annually. Such testing must be conducted by a certified tester who is registered with the city.
(4) 
Maintain all backflow prevention assemblies in proper working order at all times, including repairs as required.
(5) 
Maintain all backflow prevention assemblies in a manner that allows them to be tested by a method that has been approved by the regulatory authority.
(6) 
All records related to backflow prevention assembly installation testing and repair shall be maintained for the lifetime of the assembly while in use.
(b) 
Certified backflow prevention assembly testers (BPAT) shall comply with the following requirements:
(1) 
Annually register with the regulatory authority and pay the required fee.
(2) 
Maintain testing equipment in proper working condition/calibration.
(3) 
Maintain the design or operation characteristics of an assembly.
(4) 
Ensure that devices are tested according to accepted industry practice and TCEQ rules and regulations.
(5) 
Enter required testing data, including test gauge serial numbers, on backflow prevention device test forms that have been approved by the regulatory authority.
(6) 
Report test results to the regulatory authority within thirty (30) days of testing.
(7) 
Provide a copy of the completed test report to the property owners and/or persons in charge of any premises.
(8) 
Maintain testing and/or repair records indefinitely.
(c) 
The regulatory authority shall ensure the inspection and testing of all backflow prevention assemblies installed pursuant to the requirements of this article. For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested and are operational. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing.
(2001 Code, sec. 3.508(p))
Only approved TCEQ-licensed backflow prevention assembly testers can test in the city. Testers must register annually with the regulatory authority, provide proof of TCEQ certification, and provide proof that testing equipment is able to maintain a calibration of plus or minus 0.2-psid accuracy and pay an annual nonrefundable tester registration fee.
(2001 Code, sec. 3.508(q))
(a) 
Generally.
As provided for in the fee schedule in appendix A of this code.
(b) 
Specific fees.
(1) 
Certified backflow prevention assembly tester registration fee.
The initial registration fee for approved testers shall be a nonrefundable fee in the amount shown in the fee schedule in appendix A of this code, and an annual renewal fee in the amount shown in the fee schedule in appendix A shall be paid by January 31 of each year. If paid after this date, the renewal fee shall be the amount shown for the initial registration fee for approved testers in the fee schedule in appendix A.
(2) 
Deposit fee for fire hydrant water meter with backflow prevention device.
There shall be a refundable deposit fee for fire hydrant meters with backflow prevention devices in the amount shown in the fee schedule in appendix A of this code. This fee shall be refunded when the meter/device is returned in good working order.
(2001 Code, sec. 3.508(r); Ordinance 2012-15, sec. 3, adopted 10/9/12; Ordinance adopting Code)
All lawn irrigation system installations shall obtain a permit issued by the building inspection department for such installations. The inspection will not include the discharge piping from the backflow preventer. Installation requirements must comply with the current city plumbing code and guidelines for the appropriate device found in this article. Interconnections of the potable water supply with an alternate water source are prohibited unless appropriate backflow protection is installed. High hazard backflow protection devices must be installed if any mechanical injection stations are used with the irrigation system.
(2001 Code, sec. 3.508(s))
This article shall be enforced by the city manager or the manager’s designated representatives or employees.
(1) 
Violations:
(A) 
A person fails to maintain backflow prevention assemblies in compliance with this article.
(B) 
A person fails to comply with a repair order issued by the city.
(C) 
A person commits a backflow that enters the public water supply system from premises he owns, operates or manages.
(D) 
A person fails to pay any fees required by this article.
(E) 
A person violates any section of this article.
(F) 
A person who reinstates water service to premises discontinued or disconnected under this article, except as directed by the city.
(G) 
A person allows an unregistered tester to perform testing work at their establishment.
(H) 
A person tests a backflow prevention assembly within the city without being registered with the city.
(I) 
A person tests a backflow prevention assembly within the city without being certified by the TCEQ.
(2) 
The city is entitled to pursue all criminal and civil remedies available for violations of this article. A person who violates any provision of this article is guilty of a misdemeanor.
(3) 
In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by other ordinances of the city.
(4) 
A certified tester’s registration may be reviewed and revoked by the city if the regulatory authority determines that the tester:
(A) 
Has falsely, incompletely, or inaccurately reported assembly reports;
(B) 
Has used inaccurate gauges;
(C) 
Has used improper testing procedures; or
(D) 
Has created a threat to public health or the environment.
(2001 Code, sec. 3.508(t))