Every source of contamination or possible contamination from any containment which originates from or is located at a residential or commercial establishment which is connected to any public water supply or which provides water to the public shall be equipped with the protection required under the provisions of this article.
(Ordinance 1852 adopted 12/7/00)
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 meanings or definitions listed in the most recent adopted edition of the City of Brownfield Plumbing Code and/or the Manual of Cross-Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.
Air Gap.
Shall mean 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.
Atmospheric Vacuum Breaker Backflow Prevention Device or Atmospheric Vacuum Breaker or AVB.
Shall mean a device used to prevent backsiphonage in non-health hazard conditions. This device cannot be tested and cannot prevent backpressure backflow.
Auxiliary Supply.
Shall mean 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.
Shall mean the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city’s water.
Backflow Prevention Assembly or Assembly.
Shall mean an assembly to counteract back pressure or prevent backsiphonage.
Backpressure.
Shall mean 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 and the introduction of fluids, mixtures or substances from any source other than the intended source.
Backsiphonage.
Shall mean 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.
Boresight or Boresight to Daylight.
Shall mean providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe.
City or the City.
Shall mean the City of Brownfield acting through the city manager or any representative, inspector or employee designated by the city manager.
Commercial Establishment.
Shall mean property or location which is used primarily for manufacture, production, storage, wholesaling or retailing of services which are or may be placed in the flow of commerce or any property or location which is used primarily for the provision of any service.
Commission.
Shall mean the Texas Natural Resource Conservation Commission (TNRCC).
Contaminants.
Shall mean any foreign material, solid or liquid, not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption.
Contamination.
Means the admission of contaminants into the potable water supply system.
Cross-Connection.
Shall mean 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 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.
Shall mean any nationally 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 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.
Shall mean an inspection designed to inspect and detect any actual or potential cross-connection hazards and to determine whether solder, flux, pipe or pipe fittings exceed the lead action level.
Degree of Hazard.
Shall mean the low or high hazard classification that shall be attached to all actual or potential cross-connections as follows:
(a) 
Health Hazard. Means 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.
(b) 
High Hazard. Means 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.
(c) 
Low Hazard. Means 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.
(d) 
Pollution Hazard. Means 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. The 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.
(e) 
System Hazard. Means 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.
Shall mean the city manager, the city manager's designated city inspector 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 Detector Backflow Prevention Assembly or Double Check Detector or DCDA.
Shall mean 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.
Shall mean an assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks.
Fireline Tester.
Shall mean a tester who is employed by a state approved fireline contractor and is qualified to test backflow prevention assemblies on firelines only.
General Tester.
Shall mean a tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except firelines.
Mobile Unit.
Shall mean 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.
Non-Residential Use.
Shall mean water used by any person other than a residential customer of the water supply and include all uses not specifically included in "residential uses" as defined in the city zoning ordinance.
Person.
Shall mean any individual, partnership, associations, corporations, firms, clubs, trustees, receivers and bodies, politic and corporate.
Point-of-Use Isolation.
Shall mean the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross-connection exists.
Potable Water Supply.
Shall mean any water supply intended or used for human consumption or other domestic use.
Premises.
Shall mean any piece of property to which water is provided including all improvements, mobile structures and structures located on it.
Premises Isolation.
Shall mean the appropriate backflow prevention at the service connection between the public water system and the water user.
Pressure Vacuum Breaker Backflow Prevention Assembly or Pressure Vacuum Breaker or PVB.
Shall mean 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 shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows the full testing of the assembly.
Public Water System or System.
Shall mean any public or privately owned water system which supplies water for public domestic use. The system will include all services, reservoirs, facilities and any equipment use 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.
Shall mean 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 shutoff valve at the end of the assembly.
Reduced Pressure Principle Detector Backflow Prevention Assembly or Reduced Pressure Detector or RPDA.
Shall mean 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.
Representative of the Water System.
Shall mean a person designated by the City of Brownfield to perform cross-connection control duties that shall include but are not limited to, cross-connection inspections and water use surveys.
Residential Use.
Shall mean water used by any residential customer of the water supply and include single family dwellings, duplexes, multiplex, 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.
Shall mean the point of delivery which the water purveyor loses control of the water.
Spill-Resistant Pressure Vacuum Breaker or SVB.
Shall mean 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 shutoff valves attached at each end of the assembly.
Tester.
Shall mean a person that is a certified backflow prevention assembly technician approved by and registered with the city and the TNRCC.
Thermal Expansion.
Shall mean heated water that does not have the space to expand.
TNRCC.
Shall mean the Texas Natural Resource Conservation Commission.
Used Water.
Shall mean water supplied by a public water system to a water user's system after it has passed through the service connection.
Water Use Survey.
Shall mean a survey conducted or caused to be conducted by the local authority designed to identify any possible sources of contamination to the potable water supply.
(Ordinance 1852 adopted 12/7/00)
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this section.
(1) 
A backflow prevention assembly required by the city may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, installing it in the right-of-way will not interfere with traffic or utilities, (and obtains a permit from the city). The city retains the right to approve the location, height, depth, 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 below or flush with the surrounding grade except when it is not practicable to install it in this manner. Any assembly or portion of an assembly which extends aboveground shall be located no closer than eighteen (18) inches 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 he/she fails to relocate a backflow prevention assembly located in or upon any city right-of-way after receiving a written order from the regulatory authority.
(Ordinance 1852 adopted 12/7/00)
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 additional 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 buildings on the premises.
(Ordinance 1852 adopted 12/7/00)
(a) 
The backflow prevention assembly protection which is required under this article shall be any of the duly nationally recognized and authorized backflow prevention assemblies listed in a State of Texas approved plumbing code, or as determined by the regulatory authority. Each backflow prevention assembly must have been approved by the regulatory authority prior to installation. 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 city shall determine the type and location of the backflow assembly to be installed within the area served by the City of Brownfield. The assembly will be required in each of the following circumstances, but is in no way limited to the following circumstances:
(1) 
The nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises or materials stored on the premises could contaminate or pollute the potable water supply.
(2) 
Premises having any one or more cross-connections and the cross-connection(s) is 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 inspection department of the City of Brownfield 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 multistory buildings or any building with a booster pump or elevated storage tank.
(15) 
Retrofitting will be required on all high hazard connections and wherever else the city deems necessary to retrofit.
(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 by the city. 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 following current national guideline standards.
(Ordinance 1852 adopted 12/7/00)
(a) 
All backflow prevention assemblies shall be inspected and tested or caused to be inspected and tested by the city in each of the following circumstances:
(1) 
Immediately after installations;
(2) 
Whenever the assembly is moved;
(3) 
A minimum of once a year;
(4) 
Premises that have been vacated and unoccupied for one year, prior to reoccupancy;
(5) 
Immediately after repairs.
(b) 
All assembly testing shall be performed by a state certified backflow prevention assembly tester approved 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, records examination or in the performance of any of their 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) 
A water use survey may 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 that the establishment falls under the provisions of this article and requires a backflow prevention assembly, a notice to abate the condition or to install the proper backflow prevention assembly shall be issued.
(f) 
It is the responsibility of the person who owns or controls property to have all assemblies tested in accordance with this article. 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 a form that is purchased by the tester from the city for an established fee.
(Ordinance 1852 adopted 12/7/00)
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 assembly.
(Ordinance 1852 adopted 12/7/00)
Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city.
(Ordinance 1852 adopted 12/7/00)
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.
(Ordinance 1852 adopted 12/7/00)
Any person who owns or controls property is responsible for the installation, testing and repair of all backflow assemblies on their property.
(Ordinance 1852 adopted 12/7/00)
(a) 
Pursuant to TNRCC Water System Regulations, a customer service inspection for cross-connection control shall be completed by the city prior to providing continuous water service in each of the following circumstances:
(1) 
Water service to a newly constructed facility or previously nonexisting premises.
(2) 
After any material improvement to building(s) or premises.
(3) 
Any correction or addition to the plumbing of any facility or premises.
(4) 
The city deems it necessary, including any premise which has been disconnected as a result of water leaks.
(5) 
Prior to re-occupancy, any premises which have been vacant and without service.
(b) 
Permanent water service shall not be supplied to a new construction facility(s) until after the customer service inspection is completed.
(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.
(Ordinance 1852 adopted 12/7/00)
(a) 
General -
to ensure proper operation and accessibility of all backflow prevention assemblies, the following national guideline requirements shall apply to the installation of these assemblies.
(1) 
Backflow prevention assemblies shall be installed in accordance with the current TNRCC Rule and these regulations. The assembly installer must obtain the required plumbing permits and have the installation inspected by the city.
(2) 
At facilities which require a backflow prevention assembly to be installed at the point of delivery of the water supply, such installation of the assembly must be before any branch in the line and on private property located just inside the boundary between the city right-of-way and the landowner's property. The city may specify other areas for installation of the assembly. Assemblies that must be installed or are located on city rights-of-way are the responsibilities of the business or entity that the water line is serving.
(3) 
The assembly must be protected from freezing and other severe weather conditions.
(4) 
All backflow prevention assemblies shall be of a type and model approved by the city.
(5) 
All vertical installations of backflow assemblies must have prior approval by the city.
(6) 
Assemblies that are larger than 4 inches and installed more than 5 feet above floor level must have a suitable platform for use by testing or maintenance personnel.
(7) 
Unprotected bypass lines are prohibited. Pipefittings which could be used for connecting a bypass line must not be installed.
(8) 
Premises where an uninterrupted water supply is critical should be provided with two assemblies installed in parallel. They should be sized in such a manner that either assembly will provide the maximum flow required.
(9) 
Lines should be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly.
(10) 
All facilities that require continuous, uninterrupted water service and are required to have a backflow assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed.
(11) 
The property owner assumes all responsibility for any damages resulting from installation, operation and/or maintenance of a backflow assembly. The owner shall be responsible for keeping all backflow prevention assembly vaults reasonably free of silt and debris.
(12) 
Upon completion of installation, the city shall be notified and all assemblies must be inspected and tested. All assemblies must be registered with the city and shall provide the date of installation, manufacturer, model, type, size, serial number of the backflow assembly and initial test report.
(b) 
Reduced Pressure Principle Backflow Prevention Assemblies (RPs) -
may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system. The RP is nominally used in locations where an air gap is impractical. The RP shall be effective against both backsiphonage and backpressure.
(1) 
RPs must be sized to provide an adequate supply of water and pressure for the premises being served. Flow characteristics are not standard. Consult manufacturer's specifications for specific performance data.
(2) 
The assembly must be readily accessible for testing and maintenance and must be located in an area where water damage to building or furnishing would not occur from relief valve discharge. The property owner assumes all responsibility for any damage caused by water discharge from an RP assembly. An approved air gap shall be located at the relief valve orifice of RP assemblies.
(3) 
No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. RPs are typically installed above grade in well drained areas, but may be installed below grade (ground level) if a boresight drain to daylight is provided. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends.
(4) 
Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures are typically installed on the smaller assemblies. Daylight drain ports must be provided to accommodate full pressure discharge from the assembly.
(5) 
Assemblies 2 inches and smaller shall have at least a 6 inch clearance on both sides and on top of the assembly, and 12 inches below and behind the assembly. All assemblies larger than 2 inches shall have a minimum of 12 inches on the back side, 24 inches on the test cock side, and the relief valve opening shall be at least 12 inches plus nominal size of assembly above the floor or highest possible water level. Headroom of 6 feet is required in vaults without a fully removable top. A minimum access opening of 36 inches is required on all vault lids.
(6) 
All RP assemblies must be tested in accordance with this article. Tests are the responsibility of the assembly owner. The owner must notify the city upon installation of any backflow prevention assembly.
(7) 
Variances from these specifications will be evaluated on a case-by-case basis. Any deviations must have prior written approval of the city.
(c) 
Reduced Pressure Principle Detector Backflow Prevention Assemblies RPDA -
may be utilized in all installations requiring a reduced pressure principle backflow prevention assembly and detector metering.
(1) 
RPDAs shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies RP.
(2) 
The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified tester.
(d) 
Double Check Valve Backflow Prevention Assemblies (DC) -
may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system.
(1) 
DCs must be sized to provide an adequate supply of water and pressure for premises being served. Consult manufacturer's specifications for specific performance data.
(2) 
Premises where an uninterrupted water supply is critical should be provided with two assemblies installed in parallel. Assemblies should be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required.
(3) 
The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below.
(4) 
Assemblies 2 inches and smaller shall have at least a 6 inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than 24 inches below grade. All assemblies larger than 2 inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, and 12 inches below the assembly. Headroom of 6 feet is required in vaults without a fully removable top. A minimum access opening of 36 inches is required on all vault lids. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. These clearance standards apply to all assemblies installed in vaults, enclosures and meter boxes.
(5) 
Vertical installations of DCs are allowed only on sizes up to and including 4 inches that meet the following requirements:
(A) 
Internally spring-loaded check valves;
(B) 
Flow is upward through assembly;
(C) 
Manufacturer states their assembly can be used in a vertical position;
(D) 
Approved by inspector.
(6) 
All DCs must be tested in accordance with this article. Tests are the responsibility of the assembly owner. The owner must notify the regulatory authority upon installation of any backflow prevention assembly.
(7) 
Variances from these specifications will be evaluated on a case-by-case basis. Any deviations must have prior written approval of the city.
(e) 
Double Check Detector Backflow Prevention Assemblies (DCDA) -
may be utilized in all installations requiring a double check valve assembly and detector metering.
(1) 
DCDAs shall comply with the installation requirements applicable for double check valve assemblies (DCs).
(2) 
The line-size DC assembly and the bypass DC assembly must each be tested. A separate test report for each assembly must be completed by the certified tester.
(f) 
Pressure Vacuum Breaker Backflow Prevention Assemblies (PVB) -
may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure.
(1) 
Assembly shall be installed a minimum of 12 inches above highest downstream piping.
(2) 
PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge.
(3) 
The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of 12 inches all around the assembly.
(4) 
All PVBs must be tested in compliance with this article. Tests are the responsibility of the assembly owner. The owner must notify the regulatory authority installation of any backflow prevention assembly.
(5) 
Variances from these specifications will be evaluated on a case by case basis. Any deviations must have prior written approval of the regulatory authority.
(g) 
Spill Resistant Pressure Vacuum Breaker Backflow Prevention Assemblies (SVB)
-may be utilized in all installations requiring a pressure vacuum breaker. SVBs shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies.
(Ordinance 1852 adopted 12/7/00)
Air gaps provide 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.
(1) 
An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than 1 inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45o angle. The air gap distance is measured from the bottom of the angle. Hoses are not allowed.
(2) 
Air gap separations shall not be altered in any way without prior approval from the regulatory authority and must be available for inspection at all reasonable times.
(3) 
Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three times the diameter of the effective opening for a single, or a distance greater than four times the effective opening for two intersecting walls.
(Ordinance 1852 adopted 12/7/00)
An approved double check device backflow prevention assembly (DCD) or reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the public water supply. A RPDA must be installed if any solution other than the potable water can be introduced into the sprinkler system.
(1) 
It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this article. All fire hydrant water meter rentals shall meet the current requirements as provided for by the city.
(2) 
Only City of Brownfield fire hydrant water meters with approved backflow prevention assemblies are allowed to be used within the city limits.
(3) 
A refundable deposit is required to insure the return of all water meter and backflow assemblies to the city. Failure to return the assemblies can result in the forfeiture of deposit and/or enforcement action being taken against the responsible party, as allowed for in the penalty section of this article. (See Fees)
(4) 
All unapproved fire hydrant meters which are found to be in use in the City of Brownfield will be confiscated and enforcement action taken against the responsible party, as allowed for in the enforcement section in this article.
(Ordinance 1852 adopted 12/7/00)
(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. (See Section 3.1321 herein.)
(2) 
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 cross-connection tester who is registered with the city.
(4) 
Maintain all backflow prevention assemblies in proper working order at all times, including repair as required.
(5) 
Maintain all backflow prevention assemblies in a manner which 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 on the premises for a minimum of three (3) years.
(b) 
Certified Backflow Prevention Assembly Tester -
shall comply with the following requirements:
(1) 
Annually register with the regulatory authority and pay the required fee. (See Section 3.1321 herein.)
(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 TNRCC regulations.
(5) 
Enter required testing data, including test gauge serial numbers on cross-connection test forms obtained from 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 for a minimum of three (3) years.
(Ordinance 1852 adopted 12/7/00)
Only approved TNRCC licensed backflow prevention assembly testers can test backflow prevention assemblies in the City of Brownfield. Testers must register annually with the city, provide proof of TNRCC 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.
(Ordinance 1852 adopted 12/7/00)
(a) 
There shall be an annual non-refundable registration fee for each non-residential backflow prevention assembly device. This fee will be invoiced and mailed to you and relates solely to the matters covered in this article and are separate from other fees chargeable by the city.
(b) 
There shall be a testing fee for each separate backflow prevention assembly on which a test is performed by the city. This fee applies to but is not limited to all newly installed backflow devices which the city may choose to randomly test. If upon inspection or testing of a newly installed backflow prevention assembly it is deemed not to be working properly, it is the responsibility of the property owners and/or persons in charge of any premises to make necessary repairs. A retest fee will be assessed for each retest. (See Cross-Connection Control Fees Title III Chapter 31 Section 31.01(P) )
(Ordinance 1852 adopted 12/7/00)
For all lawn irrigation system installations a permit shall be required. Such permit shall be issued by the plumbing inspection department. Installation requirements must comply with the current city plumbing code and or guidelines for the appropriate device found in this article. Interconnections of the potable water supply with an alternate water source is 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.
(Ordinance 1852 adopted 12/7/00)
The connection of a mobile unit to any potable water system is prohibited unless such connection is protected by an air gap or an approved backflow prevention assembly. Prior approval and annual device testing of any backflow prevention assembly must be received from the city before connecting to any potable water system.
(Ordinance 1852 adopted 12/7/00)
(a) 
This article shall be enforced by the city manager or the manager's designated representatives or employees.
(b) 
The city shall inspect and initially test or cause to be tested, 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.
(c) 
Violations.
(1) 
A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this section.
(2) 
A person commits an offense if there is failure to comply with a repair order issued by the city.
(3) 
A person commits an offense if backflow from premises owned, operated or managed by the person enters the public water supply system.
(4) 
A person commits an offense if there is a failure to pay any fees required by this article.
(5) 
A person commits an offense by violating any section of this article.
(6) 
A person commits an offense if discontinued or disconnected water service to premises under this article is reinstated except as directed by the city.
(7) 
A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing work at their establishment.
(8) 
A person commits an offense by testing backflow prevention assembly within the city without being registered with the regulatory authority.
(9) 
A person commits an offense by testing backflow prevention assembly within the city without being certified by the TNRCC.
(d) 
Penalty.
(1) 
A person who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable as set forth in Section 1.109 of this code, for each act of violation and for each day or part of a day during which the violation is committed, continued or permitted.
(2) 
In addition to proceeding under the authority of subsection (b)(1) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person committing any violation of this article including injunction and civil penalties.
(e) 
Sanction for Failure to Pay Inspection Fees.
In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by other ordinances of the city.
(f) 
A certified tester's registration may be reviewed and revoked by the city if it is determined that the tester:
(1) 
Has falsely, incompletely or inaccurately reported assembly reports;
(2) 
Has used inaccurate gauges;
(3) 
Has used improper testing procedures; or
(4) 
Has created a threat to public health or the environment.
(Ordinance 1852 adopted 12/7/00)
(a) 
Backflow Prevention Assembly Registration Fees.
There is an annual nonrefundable registration fee for each nonresidential backflow prevention assembly device per each separate device as provided for in the fee schedule found in the appendix of this code.
(b) 
Certified Backflow Prevention Assembly Tester Registration Fee.
Annual registration fee for approved testers shall be a nonrefundable fee as provided for in the fee schedule found in the appendix of this code.
(c) 
Deposit Fee for Fire Hydrant Water Meter with Backflow Prevention.
There shall be a refundable upon return rental deposit fee for fire hydrant water meters with backflow prevention devices as provided for in the fee schedule found in the appendix of this code.
(d) 
Private Contractors Testing Fees.
There shall be no additional charges by the city for testing conducted by "private contractors."
(Ordinance 1852 adopted 12/7/00)
For purposes of this division, the following definitions shall apply:
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 of the city’s water.
Handheld Hose.
A hose attended by one person, fitted with a manual or automatic shutoff nozzle.
Hose-End Sprinkler.
A sprinkler that applies water to landscape plants that is piped through a flexible, movable hose.
Impervious Surface Area.
Any structure or any street, driveway, sidewalk, patio or other surface area covered with asphalt, concrete, brick, paving, tile, or other material preventing water from penetrating the ground.
Irrigation Device.
Any manually operated or automated sprinkler head, hose, faucet, hose-end sprinkler, or a soaker hose or combination thereof, that sprays water in the air or any other device capable of irrigating, in whole or in part landscape lawns or landscape plants.
Irrigation System.
Also referred to as an in-ground or permanent irrigation system, a system with fixed pipes and emitters or heads that apply water to landscape plants.
Landscape Irrigation or Landscape Irrigation Use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf course greens, tees, and fairways, parks, athletic fields, street or alley rights-of-way and medians.
Landscape Plant.
Any member of the Kingdom Plantae, including any tree, shrub, vine, herb, flower, succulent, groundcover or grass species, that grows or has been planted out-of-doors.
New Landscape Plant or Material.
Any plant or seed planted in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth.
Park.
A tract of land, other than a golf course, maintained by a city, private organization, or individual, as a place of beauty or of public recreation.
Pervious Surface.
Any ground surface which can absorb water or other liquids.
Soaker Hose.
Plastic or flexible hose that weeps water across the entire length, based on water pressure, directing to the plants’ roots and connects directly to a flexible hose or hose bib.
Sprinkler or Sprinkler Head.
An emitter that applies water to the landscape plants in a stream that travels through the air. Sprinkler irrigation can be applied by an irrigation system or hose-end sprayer or a soaker hose that sprays water in the air.
Subsurface Drip.
Plastic or flexible hose that weeps water across the entire length, based on water pressure, directing to the plants’ roots. But it does not connect directly to a flexible hose or hose bib.
Turf.
A surface layer of earth containing maintained grass with roots.
Zonal Irrigation System.
An irrigation system which segregates by stations, areas of shrubs, ground cover, bedding plants, and turf to accommodate a diversity of watering requirements.
(Ordinance 2051 adopted 8/7/14)
(a) 
Any landscape irrigation system installed pursuant to a permit prescribed by this division shall be designed and installed in a manner that prevents the following:
(1) 
System operation during periods of weather, as described in subsection (d) of this section, or in a manner to create a hazard to vehicular or pedestrian traffic;
(2) 
Use of spray or rotary sprinkler heads within landscaped areas of 4 feet in width or less, when adjacent to public rights-of-way, or impervious areas that drain to public rights-of-way;
(3) 
System operation outside of the manufacturer’s published recommendations;
(4) 
Intentional sprinkler head/emitter discharge or overspray onto nonlandscaped or nonturf areas, including without limitation, public streets, alleys, or other impervious areas that drain onto public streets or alleys; and
(5) 
Significant water runoff.
(b) 
A landscape irrigation system designed and/or installed by a licensed irrigator/homeowner in accordance with the criteria set forth in this section shall be deemed to be in compliance with subsection (a) of this section if said licensed irrigator/homeowner certifies in writing to the city water department that the landscape irrigation system has been designed and installed in accordance with subsection (a) of this section. This certification shall be provided to the city water department at the time of requesting final inspection of the system.
(c) 
Automatic irrigation systems shall:
(1) 
Be maintained in compliance with the provision of this section; and
(2) 
Be rendered inoperative pending repairs if damaged in a manner that results in leakage or excessive discharge of water from broken components.
(d) 
Any person installing automatic sprinkler systems in or on property, other than those listed below, pursuant to a permit to install the irrigation system prescribed by this division may purchase and install separate water meters for irrigation purposes only. Said meter shall not provide water for any other use and shall include a normally closed master valve. The irrigation system shall include a freeze sensor rendering irrigation inoperative at the minimum 37 degrees Fahrenheit and shall include rain sensors set to render the irrigation system inoperative at 1/8 inches of moisture or more.
(e) 
Any request for an alternative system from those required in this section shall be heard and determined by the plumbing board in accordance with subsection (g) appearing below.
(f) 
Violations for this section shall be as follows:
(1) 
Any person, landowner, building owner or occupant who shall violate any of the provisions of this section or who shall fail to comply with any of the provisions of this section commits an offense.
(2) 
A person commits an offense if he installs or operates an automatic sprinkler system or irrigation device in violation of any provision of this section, or of any applicable state or local law.
(g) 
In order to determine the suitability of alternate materials and methods of construction and to provide for: (1) reasonable interpretation of the provisions of this division; (2) to determine exceptions to the requirements in this code; and (3) to determine variances to the requirements of this code, an application may be submitted to the city’s plumbing board.
(1) 
Scope.
The city’s plumbing board shall, except as provide herein, be subject to the rules and regulations as adopted by the other boards of this code regarding the conduct of its investigations, meetings, hearings, and rendering of all decisions and findings.
(2) 
Hearings.
Application for hearings shall be as follows:
(A) 
The owner of property intending to install, alter, change, convert, repair or operate a landscape irrigation system on said property in conformance with pertinent governing ordinances of the city, shall in case when compliance with such codes present a practical difficulty or unnecessary hardship, prior to such installation, reparation, alteration, change, conversion, or operation, make written application to the plumbing board, on forms to be furnished by the city’s water department, for a recommendation of an alternative system or alternative watering times and/or conditions required by this division.
(B) 
Each applicant for an alternate system to that required by this code shall, upon making an application, submit to the plumbing board sufficient technical data and other information to demonstrate that the new method or device is equivalent in quality, strength, effectiveness and safety to the prescribed in this division.
(C) 
Each applicant for exceptions to the watering times and/or conditions to that prescribed by this division shall, upon making such application, submit to the plumbing board sufficient technical data and other information to demonstrate that due to special conditions, a literal enforcement of this division would result in unnecessary hardship and that the requested exception is not contrary to the public interest. The plumbing board may grant such exception subject to any conditions deemed necessary or advisable by the plumbing board.
(3) 
Limitation of Authority.
The plumbing board shall have no authority relative to interpretation of the administrative provisions or requirements as set forth in this division, except as set forth herein, be empowered to waive requirements and may grant exceptions in the event appropriate findings as set forth in this code are made.
(Ordinance 2051 adopted 8/7/14)
(a) 
Landscape irrigation utilizing water, in whole or in part, obtained from the city water system, is prohibited except during the times between 6:00 p.m. and 10:00 a.m. The city manager, or his/her designee, may, in the event he/she deems necessary the further restriction of landscape irrigation to certain days of the week or other restrictive irrigation schedules, recommend to the city council the adoption of an order adopting such restrictive landscape irrigation schedule.
(b) 
Subsection (a) of this section shall not apply to the following irrigation activities:
(1) 
Subsurface or soaker hose type irrigation systems;
(2) 
Irrigation using handheld hoses that are manually attended at all time of operation;
(3) 
Short-term operation of an automatic irrigation system solely for the purposes of testing the proper operation of said system; or
(4) 
Irrigation of new landscape material by an automatic irrigation system or irrigation device for a period no longer than there (3) weeks after the landscape material has been installed.
(c) 
A person commits an offense if he knowingly or recklessly, on premises owned, leased, or managed by the person, operates a lawn or landscape irrigation system or device that:
(1) 
Irrigates at any time prohibited by subsection (a) above;
(2) 
Irrigates during periods of freezing weather or during precipitation events described in Section 3.1342(d);
(3) 
Does not have backflow prevention as required by this division;
(4) 
Has any controllable leak, including without limitation, broken or missing sprinkler head(s), leaking valve(s), or leaking or broken pipe(s);
(5) 
Creates a misting due to excessive water pressure; or
(6) 
Causes significant water runoff.
(Ordinance 2051 adopted 8/7/14)
(a) 
Violation of any provision of this division, as set forth herein, shall be deemed a misdemeanor punishable as provided in Section 1.109 of this code. Additionally, a violation of any provision of this division shall be deemed to be a nuisance under Section 1.109 of this code.
(b) 
In considering the amount of fine to be assessed upon conviction of an offense under sections in this division, the court may consider the following:
(1) 
The volume of water released;
(2) 
The degree of hazard, including hazard to health, safety or welfare of the citizens of the city, and/or the environmental or natural resources;
(3) 
The number of prior violations or complaints of violations of the sections in this division;
(4) 
The person’s cooperation with the city to eliminate the release or runoff;
(5) 
The weather conditions at the time the subject violation occurred; and
(6) 
The site plan and shape of the subject property.
(Ordinance 2051 adopted 8/7/14)