(a) 
Unless a provision explicitly states otherwise, the following terms and phrases, used in this policy, shall have the meanings given below:
Approved backflow prevention assembly (or backflow assembly or assembly).
An assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the city.
Auxiliary supply.
Any water source or system other than the public water that may be available in the building or on any property.
AVB.
Atmospheric vacuum breaker.
Backflow.
The flow in the direction opposite to the normal flow; or the introduction of any foreign liquids, gases, or substances into the public water system.
Backflow assembly.
(See “approved backflow prevention assembly.”)
Bore sight.
Providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe.
Commission.
The state commission on environmental quality and its successor agencies.
Contamination.
The presence in or entry into a public water supply system of any substance that may be deleterious to the public health and/or the quality of the water.
Cross-connection.
Any physical arrangement in which a potable water supply is actually or potentially connected with any nonpotable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air-conditioning unit, fire protection system, or any other assembly that may be capable of imparting contamination to the public water system as a result of backflow. Cross-connections include bypass arrangements, jumper connections, removable sections, swivel or change-over assemblies, or other temporary or permanent assemblies through which, or of which, backflow may occur.
DDC.
Double detector check valve assembly.
Degree of hazard.
The low or high hazard classification that shall be attached to all actual or potential cross-connections.
Department.
The department of public works of the city.
Director or manager.
The city director or manager of public works or authorized representative.
Double check valve backflow prevention assembly (or double check valve assembly or DC).
An assembly that consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve on each side of the checks, as well as test cocks to test the checks for tightness.
Drinking water.
Water distributed for human consumption, for use in food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages by human beings.
Health hazard.
An actual or potential threat of contamination of a physical or toxic nature dangerous to health, the public potable water system, or a consumer’s potable water system.
Human consumption.
Uses by humans in which water can be ingested into or absorbed by the human body. Examples of these include, but are not limited to, drinking, cooking, brushing, brushing teeth, bathing, washing hands, preparing foods, and washing dishes, utensils, and other articles used in the preparation or consumption of food.
Inspector.
A person who is a certified cross-connection inspector employed by or under contract with the city.
Low hazard.
The classification assigned to a cross-connection that potentially allows a substance that may be objectionable, but not hazardous to a person’s health, to backflow into the potable water supply.
Nonpotable water.
Water not fit for drinking, personal, or culinary utilization.
Nonresidential use.
Includes all uses not specifically included in “residential use.”
Plumbing code.
The plumbing code adopted by ordinance by the city.
Plumbing hazard.
An internal or plumbing-type cross-connection in a consumer’s potable water system that may be either a pollution or a contamination hazard.
Point-of-use isolation assembly.
The appropriate backflow prevention within a consumer’s water system at a point at which a cross-connection exists.
Pollutant.
Polluted water, dredged spoil, solid waste, incinerator residue (including sewage from boats), garbage, sewage sludge, munitions, chemical wastes, biological materials, toxic materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste. “Pollutant” shall not mean sewage sludge, rock sand, dredged spoil, or cellar dirt when said material is used by the city for fill or reuse.
Pollution.
The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
Pollution hazard.
An actual or potential threat to the physical properties [of the] public water system or the potability of the public or consumer’s potable system that would not constitute a health or system hazard. The maximum degree of intensity of pollution to which a potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or cause minor damage to the system or its appurtenances.
Potable water.
Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in bacteriological and chemical quality to the requirements of the Public Health Service Drinking Water Standards or the regulations of the public health authority having jurisdiction.
Potable water supply.
Any water supply intended or used for human consumption or other domestic use; also any water that is potable.
Premises isolation.
The appropriate backflow prevention at the service connection between the public water system and the water user.
Public water system.
A public or privately owned system that supplies water for human consumption. The system includes all service lines to the meter, reservoirs, facilities, and equipment used in the process of producing, treating, storing, or conveying water for public consumption.
PVB.
Pressure vacuum breaker.
Reduced pressure principle backflow prevention 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 test cocks and tightly closing valves at the end of the assembly.
Residential use.
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.
The point of delivery up to and including water meters through which the public water system furnishes water to a user. After this point, the system has no control over use.
System.
See “public water system.”
System hazard.
An actual or potential threat of severe danger to the physical properties of the public or a consumer’s potable water supply, or an actual or potential threat of pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.
Tester.
A person that is a certified backflow prevention assembly technician approved and registered with the director.
Thermal expansion.
Heated water that does not have the space to expand.
Used water.
Water supplied by a public water system to a water user’s system after it has passed through the service connection.
Wholesale customer.
A utility customer of the city that is a municipality, town, village, or other governmental entity, or a private firm contracting with a governmental entity for the provision of water and/or wastewater treatment service.
(b) 
If a word or term used in this policy is not defined, it shall have the definition provided for such word or term in the 9th (ninth) edition of the Manual of Connection Control, published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.
(Ordinance 2001-06, ex. A, sec. 1, adopted 8/23/01)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined not more than two thousand dollars ($2,000.00) for each offense relating to fire safety, zoning, or public health and sanitation, and not more than five hundred dollars ($500.00) for all other offenses. Each day that a violation occurs, exists, or is permitted to exist shall constitute a separate offense.
(Ordinance 2001-06, sec. 4, adopted 8/23/01)
The physical condition of any plant furnishing water to the public for human consumption in the city shall meet all drinking water standard requirements set by the United States Public Health Service, the Environmental Protection Agency, and the commission.
(Ordinance 2001-06, ex. A, sec. 2, adopted 8/23/01)
(a) 
A well, tank, cistern, or other private water supply connected to the city’s water supply shall at all times meet all water hygiene standards established by the commission. All connections shall comply with the city’s plumbing code, as designated in this policy.
(b) 
The director shall not be required to supply water through a meter to a private supply that does not meet the standards of this policy.
(Ordinance 2001-06, ex. A, sec. 3, adopted 8/23/01)
The discharge of a pollutant, polluted water, or a harmful quantity of any substance is hereby declared to be a health nuisance. Backflow entering or threatening to [enter] the public water supply from any premises is hereby declared to be a health nuisance. A backflow prevention assembly installed or maintained in city right-of-way in violation of this policy or an order issued pursuant to this policy is hereby declared to be a nuisance.
(Ordinance 2001-06, ex. A, sec. 4, adopted 8/23/01)
The property owner shall be responsible for the cost of all testing of prevention assemblies required pursuant to this policy. The property owners or their lessees shall be responsible for all other costs, including but not limited to purchasing, installing, testing, and repairing the assembly, including point-of-use and premises isolation assemblies.
(Ordinance 2001-06, ex. A, sec. 5, adopted 8/23/01)
(a) 
Property owners and their lessees are responsible for abiding by the conditions of this policy. If changes are made to the premises’ plumbing system, the property owner shall notify the director.
(b) 
The owner of leased premises is responsible for complying with this policy unless the owner and lessee agree in writing that the lessee is responsible, in which case the owner must immediately forward a copy of such agreement to the city. When the lessee changes, the owner shall immediately notify the city.
(c) 
In addition to other responsibilities listed in this policy, the property owner or lessee is specifically responsible for testing immediately after installation and/or repairs.
(Ordinance 2001-06, ex. A, sec. 6, adopted 8/23/01)
(a) 
An inspector employed by or under contract with the city shall determine the type and location of backflow assembly to be installed within the city’s water service area.
(b) 
At a minimum, the city shall require a backflow prevention assembly in each of the following circumstances:
(1) 
Connection to contaminants.
When the nature and extent of any activity at the premises, the materials used in connection with any activity at the premises, or materials stored at the premises could contaminate or pollute the potable water supply.
(2) 
Cross-connections.
When the premises has one or more cross-connections.
(3) 
Uncorrectable internal cross-connections.
When internal cross-connections are present that are not correctable.
(4) 
Inability to ascertain cross-connections.
When intricate plumbing arrangements are present that make it impractical to ascertain whether cross-connections exist.
(5) 
History of cross-connections.
When the premises have a repeated history of cross-connections established or reestablished.
(6) 
Inability to inspect.
When entry to the premises is unduly restricted so that the inspector cannot make inspections for cross-connections with sufficient frequency to assure that cross-connections do not exist.
(7) 
Potential hazardous backflows.
When materials are being used such that, if backflow should occur, a hazard could result.
(8) 
When required by inspector.
When an inspector deems installation of an approved backflow prevention assembly necessary to accomplish the purpose of this policy.
(9) 
Nonsubmittal of cross-connection survey.
When an appropriate cross-connection survey report form has not been with the director.
(10) 
Fire sprinklers.
When a fire sprinkler system is connected to the city’s water system.
(11) 
New nonresidential construction.
In all new nonresidential construction at the service connection, for which the inspector shall determine the type of the assembly commensurate with the degree of hazard.
(12) 
Undetermined building use.
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 shall be installed at the connection to provide protection of the public water supply in the most hazardous use of the building.
(13) 
Double assemblies.
If the premises are required to have backflow prevention assemblies, but [the water system] cannot be turned off during the testing of such assemblies, the premises shall be equipped with dual backflow prevention assemblies of such type so that the city can perform testing, repair, and maintenance.
(14) 
Used water return systems.
Any used water return system that has received approval from the director.
(15) 
Inadherence to policy.
If a point-of-use assembly has not been tested or repaired as required by this policy, a premises isolation assembly shall be required.
(16) 
Inadherence to plumbing code.
If an inspector determines that additions or rearrangements have been made to the plumbing system without the proper permits as required by the plumbing code, premises isolation shall be required.
(17) 
Multistory buildings or on-site storage and boosting.
All multistory buildings or any building with a booster pump or elevated storage tank.
(18) 
High hazard connections; retrofitting.
Retrofitting shall be required on all high hazard connections and anywhere else the director deems retrofitting necessary.
(c) 
Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall have a backflow assembly at each service connection. The assembly shall be commensurate with the degree of potential hazard that could occur in the event of an interconnect between any of the buildings on the premises.
(Ordinance 2001-06, ex. A, sec. 7, adopted 8/23/01)
If the director determines that residential premises have a cross-connection, said premises shall be equipped with an approved backflow prevention assembly installed in accordance with this policy.
(Ordinance 2001-06, ex. A, sec. 8, adopted 8/23/01)
As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the plumbing code. If there is a conflict between this policy and the plumbing code, the more restrictive provision shall apply.
(Ordinance 2001-06, ex. A, sec. 9, adopted 8/23/01)
(a) 
Backflow prevention assemblies shall be installed in accordance with the plumbing code and this policy and shall meet the following requirements, to ensure their proper operation and accessibility:
(1) 
The assembly installer shall obtain the required plumbing permits prior to installation as required by the plumbing code and shall have the assembly inspected by a certified cross-connection inspector.
(2) 
No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided.
(3) 
Assemblies shall be installed at the point of delivery of the water supply, before any branch in the line, and on private property located just inside the boundary of the city’s right-of-way. An inspector may specify other areas for installation of the assembly.
(4) 
The assembly shall be protected from freezing and other severe weather conditions.
(5) 
All backflow prevention assemblies shall be of a type and model approved by the director.
(6) 
All vertical installations shall be approved in writing by the director prior to installation. Assemblies shall be approved by the manufacturer for this type of installation.
(7) 
The assembly shall be readily accessible, with adequate room for maintenance and testing. Assemblies two inches and smaller shall have at least a six-inch clearance on all sides of the assembly.
(8) 
If the director grants written permission to install the backflow assembly inside of a building, the assembly shall be readily accessible between 8:00 a.m. and 5:00 p.m. Monday through Friday, except legal holidays.
(9) 
If an assembly is installed pursuant to this section and is four (4) inches or larger and is installed five (5) feet or higher above the floor, it shall be equipped with a rigidly and permanently installed scaffolding acceptable to the director. This installation shall also meet all applicable requirements set out by the U.S. Occupational Safety and Health Administration and the state occupational safety and health laws.
(10) 
An approved air gap shall be located at the relief valve orifice of reduced pressure principle backflow prevention assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain.
(11) 
Upon completion of installation, the property owner shall notify the director that the assembly has been inspected and shall submit a copy to the director of the test and inspection of the assemblies. The property owner shall register all backflow assemblies with the director. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test report.
(b) 
Reduced pressure assemblies may be installed in a vault only if relief valve discharge can be drained through a bore sight to a daylight type drain. The drain shall be made of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends.
(Ordinance 2001-06, ex. A, sec. 10, adopted 8/23/01)
(a) 
The property owner or his/her lessee shall have the backflow prevention assembly tested by a certified and approved tester immediately after installation or repair and shall submit the written results to the city within 10 days.
(b) 
The director shall test, or cause to be tested, all assemblies in each of the following circumstances:
(1) 
Immediately after the assembly is moved;
(2) 
After each year of service for all double check valve assemblies and pressure/vacuum breakers;
(3) 
After each six months of service for any premises that have a reduced pressure backflow prevention assembly as point-of-use protection without high hazard premises isolation protection; and
(4) 
Every six months for any premises that have a reduced pressure principle backflow prevention assembly as premises isolation without high hazard point-of-use protection.
(c) 
The director may deem it necessary to test assemblies more frequently than prescribed above.
(d) 
A tester shall perform all assembly testing in accordance with city-approved procedures.
(e) 
The city shall not be liable for damage to an assembly that occurs during testing when damage results from metal fatigue or deteriorated metal or when it occurs under standard testing procedures.
(Ordinance 2001-06, ex. A, sec. 11, adopted 8/23/01)
(a) 
The property owner of premises in which required backflow prevention assemblies are installed, or a third party if the property owner enters and files an agreement as described by section 13.07.007, shall maintain the assemblies in proper working order at all times, including repair as required. If a tester finds a needed repair, the property owner (or third party) shall make the repair at his/her sole cost and expense within a reasonable amount of time as determined by the director and in a manner approved by the director. All maintenance and repair of assemblies shall be done in accordance with all regulations, including this policy.
(b) 
Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by the director.
(Ordinance 2001-06, ex. A, sec. 12, adopted 8/23/01)
If a closed system has been created by the installation of a backflow assembly, the property owner is responsible for eliminating the possibility of thermal expansion.
(Ordinance 2001-06, ex. A, sec. 13, adopted 8/23/01)
The city shall not be responsible for any water pressure drop caused by the installation of a backflow assembly. The department may give reasonable assistance to a property owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection.
(Ordinance 2001-06, ex. A, sec. 14, adopted 8/23/01)
(a) 
A person who owns or operates any vehicle that uses water from the city’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 or backflow assembly mounted either on the vehicle or piping.
(b) 
The failure of the owner or operator of the vehicle to comply with this policy shall be grounds for the city to revoke any permit or license required by the city to operate the vehicle or the business for which such vehicle is used.
(c) 
The director may deny a use permit to any person who is not in compliance with this policy or who has a history of violating the requirements of this policy.
(Ordinance 2001-06, ex. A, sec. 15, adopted 8/23/01)
Every wholesale customer that has a contract for water services with the city shall have an active, ongoing cross-connection program approved by the director. The city reserves the right to require a reduced pressure principle backflow prevention assembly or air gap at the interconnect.
(Ordinance 2001-06, ex. A, sec. 16, adopted 8/23/01)
(a) 
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided by this policy.
(b) 
No encroachment agreement will be necessary, but all other permits required by the city to perform work in the right-of-way shall be obtained.
(c) 
A backflow prevention assembly required by this policy may be installed on or within any city right-of-way only if the owner proves to the city that no other feasible location exists 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, enclosure, and other requisites of the assembly prior to its installation.
(d) 
The assembly shall be installed below or flush with the surrounding grade except when it is not practical to install it in this manner. Any assembly or portion of an assembly that extends above ground shall be located no closer than eighteen (18) inches to the face of the curb, or two feet from the property line of streets without curbs.
(e) 
A property owner shall, at the request of the city and at the owner’s sole expense, relocate a backflow prevention assembly that encroaches upon any city right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety.
(Ordinance 2001-06, ex. A, sec. 17, adopted 8/23/01)
(a) 
All backflow prevention assemblies shall be tested upon installation and whenever repairs or relocations are made. Testing shall be done in the manner specified by this article. In addition, routine tests shall be made to insure the continuing effectiveness and compliance of all assemblies. All testing shall be paid for by the owner and all required paperwork properly executed and filed with the city. Failure to achieve proper recordation of tests can result in the removal of the meter feeding the backflow protected system.
(b) 
The following schedule is to be adhered to for routine maintenance inspection and testing:
Type
Frequency
Residential
Every fifth calendar year (2001, 2006, 2011, etc.). Test results are due on October 1 of the year tested. Systems less than 1 year [old] are exempt from maintenance testing.
Commercial
Annually (due on October 1 of each year).
(Ordinance 2001-06, ex. A, sec. 18, adopted 8/23/01)
(a) 
All testers operating within the city shall be certified in accordance with all applicable regulations of this state and this policy. No person shall operate as a tester within the city without being certified.
(b) 
At the time of certification or recertification, and at any time the director requests, each person certified as a tester shall furnish evidence to show that he/she:
(1) 
Is bonded to perform services on private property;
(2) 
Has all current licenses required by the state and the city to perform the contemplated services; and
(3) 
Is registered with the city.
(c) 
Each tester who applies for registration shall meet the following requirements:
(1) 
Has a high school diploma or equivalent;
(2) 
Has attended a backflow assembly tester certification training course and/or holds a current certification accepted by the commission, has refresher courses, and meets all other requirements of the state and this policy;
(3) 
Has successfully passed a written and a hands-on proficiency that meets state requirements;
(4) 
Has successfully completed “permit confined space entry training” as specified by the Federal Occupational Safety and Health Agency at 29 C.F.R. 1910.146;
(5) 
Maintains general commercial liability insurance and automobile insurance with the following minimum limits:
(A) 
$250,000.00 per occurrence.
(B) 
$500,000.00 per accident for bodily injury; and
(C) 
$100,000.00 per accident for property damage; or
(D) 
$500,000.00 per accident if combined;
(6) 
Provides evidence to the director to establish that the applicant has available the necessary tools and equipment to properly test prevention assemblies; and
(7) 
Identifies all test gauges the applicant will use in testing backflow prevention assemblies.
(Ordinance 2001-06, ex. A, sec. 19, adopted 8/23/01)
(a) 
No certified backflow assembly tester shall operate within the city without first registering with the director.
(b) 
A registration shall remain in effect provided:
(1) 
The tester maintains eligibility for registration and certification; and
(2) 
Registration is not revoked by the director.
(c) 
Upon recertifying, a tester shall renew his/her registration with the director. If a certification remains expired for a period of one year, the tester shall reestablish registration eligibility.
(d) 
A tester shall:
(1) 
File the serial number of each of his/her test kits and certification with the director;
(2) 
Annually have each recorded test kit tested for accuracy and maintain a 2% accuracy factor;
(3) 
Perform competent and accurate certifications of each backflow prevention assembly he or she tests and submit complete reports 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) 
The director may revoke a tester’s certification 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 safety regulations;
(6) 
Has failed to register the serial numbers of his/her test kits or failed to calibrate gauges annually; or
(7) 
Has violated any other provision of this policy.
(Ordinance 2001-06, ex. A, sec. 20, adopted 8/23/01)
A person commits an offense if the person:
(1) 
Knowingly installs or maintains backflow prevention assemblies or air gaps in violation of this policy;
(2) 
Owns, or is in control of, any premises and knowingly fails to install and maintain backflow prevention assemblies on said premises as required by this policy;
(3) 
Owns, or is in control of, any premises and knowingly fails or refuses to cause or allow backflow prevention assemblies to be tested as required by this policy;
(4) 
Owns, operates, or manages any premises and backflow from the premises enters the public water supply system;
(5) 
Installs a backflow prevention assembly in violation of this policy;
(6) 
Fails to notify the director to inspect a backflow prevention assembly after its installation as required by this policy;
(7) 
Fails to register a backflow prevention assembly as required by this policy;
(8) 
Knowingly fails to maintain backflow prevention assemblies in compliance with this policy;
(9) 
Knowingly fails to comply with a repair order issued by the director;
(10) 
Operates or causes to be operated a vehicle in violation of this policy;
(11) 
Knowingly fails to install an RP in accordance with this policy after receiving notice from the director;
(12) 
Fails to relocate a backflow prevention assembly located in or on any city right-of-way after receiving a written order from the city to do so;
(13) 
Knowingly operates as a tester within the city without a valid state certification or without being registered with the city; or
(14) 
Reinstates water service to premises suspended pursuant to this policy without the prior approval of the director.
(Ordinance 2001-06, ex. A, sec. 21, adopted 8/23/01)
(a) 
Every person to whom the city directly or indirectly provides water service shall, during the hours of 8:00 a.m. through 5:00 p.m., permit the director to enter their premises and buildings for the purpose of inspecting pipes, fixtures, and the manner in which they are using water to determine whether they are in compliance with this policy.
(b) 
If any water user refuses to allow an inspector access to inspect premises during the times listed above, the water user shall install an RP at the service connection to the premises.
(c) 
The water user shall promptly remove, and leave removed, any temporary or permanent obstruction to an inspector’s safe and easy access to the premises upon the director’s written or verbal request. The water user shall pay all costs of clearing such obstruction.
(Ordinance 2001-06, ex. A, sec. 22, adopted 8/23/01)
(a) 
The director may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which:
(1) 
Presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) 
Presents, or may present, imminent and substantial danger to the city’s public water supply.
(b) 
As soon as practicable after the suspension of service, the director shall notify the owner or person in charge of the premises of the suspension, in person, or by certified mail (return receipt requested), and shall order such person to correct the cross-connection which allowed the backflow to occur. When time permits, the director should notify the owner or person in charge prior to suspending water service.
(c) 
If the person fails to comply with an order issued as provided by this policy, the director may take such steps as the director deems necessary to prevent or minimize damage to the public water supply or to persons.
(d) 
A person whose service has been suspended may appeal such enforcement action pursuant to the procedure established by this policy.
(e) 
The city may obtain a lien against the property to recover its response, abatement and remediation costs through the following procedure:
(1) 
The city shall mail to the owner of the premises a notice that shall include:
(A) 
Identification of the property;
(B) 
Description of the violation;
(C) 
A statement that the city abated the violation;
(D) 
A statement of the city’s charges and expenses in abating the violation;
(E) 
An explanation of the property owner’s right to request a hearing within 10 days after the date of the notice; and
(F) 
A statement that, if the owner fails or refuses to pay the expense within 30 days after receiving the notice, the mayor or his designee shall obtain a lien against the property by filing with the county clerk in the county in which the property is located a notice of lien and statement of expenses incurred.
(2) 
The city administrator shall conduct a hearing if the property owner submits a written request within 10 days after the property owner receives the notice. The city administrator may find, based on a preponderance of the evidence presented, that the charges are erroneous.
(3) 
If the property owner does not request a hearing, or if the city holds a hearing and finds the charge to be valid, and the owner refuses to pay the expense within 30 days after receiving the notice, the mayor or his designee shall obtain a lien against the property by [filing with] the county clerk a notice of lien and statement of expenses incurred.
(4) 
The lien is security for the expenditures made and interest at the rate of 10% per annum from the date of payment by the city.
(5) 
When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(6) 
The city may institute suit to recover the expenditures with interest and may foreclose on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work.
(f) 
The remedies provided by this policy are in addition to any other remedies set out in this policy. Exercise of any remedy in this policy shall not be a bar against nor a prerequisite for taking other action against a violator.
(Ordinance 2001-06, ex. A, sec. 23, adopted 8/23/01)
(a) 
The director may terminate the city-provided water supply of any water user who violates any of the following conditions:
(1) 
Refusing the director or inspector reasonable access to the water premises for the purpose of inspection;
(2) 
Hindering or denying the director or inspector access to backflow prevention assemblies;
(3) 
Failing to install and maintain backflow prevention assemblies in accordance with this policy; or
(4) 
Failing to install, maintain, and operate piping and plumbing in accordance with the plumbing code.
(b) 
The director shall notify a water user of the proposed termination of its water supply. The water user may petition the director for a reconsideration and hearing pursuant to this the procedure established elsewhere in this policy.
(c) 
Exercise of this enforcement option by the director shall not be a bar against nor a prerequisite for taking any other action against the water user.
(Ordinance 2001-06, ex. A, sec. 24, adopted 8/23/01)
(a) 
A person whose water service has been suspended pursuant to this policy may appeal such enforcement action to the building board of appeals by filing a written request for an appeal with the board within ten (10) days after the termination of the water supply. The written request shall specifically state the water user’s grounds for appealing. The board shall hold a formal hearing within a reasonable time after receiving the request for an appeal and will consider testimony and/or written evidence. The board’s decision is final. A majority vote of the board is required to make a decision.
(b) 
If the director terminated a user’s water service pursuant to this policy, the water service shall remain terminated during the pendency of the appeal unless the user makes a written request to the director specifically stating the reasons that the water service should be reinstated. The director may, in his sole discretion, order that the water service be reinstated if the director finds:
(1) 
Good cause for reinstatement;
(2) 
That reinstating the water supply will not present an imminent substantial danger to the environment or the health or welfare of persons or the city’s public water supply; and
(3) 
That reinstating the water supply will not delay compliance with the director’s order.
(Ordinance 2001-06, ex. A, sec. 25, adopted 8/23/01)
An approved double check valve assembly shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water and/or that does not provide for periodic flow-through during each twenty-four-hour period, unless the director has issued a variance in writing. An RP shall be installed if any solution other than the potable water can be introduced into the sprinkler system.
(Ordinance 2001-06, ex. A, sec. 26, adopted 8/23/01)
(a) 
RPs may be utilized at premises where a substance is handled that would be hazardous to the public health if introduced into the potable water system. An RP is normally used in locations where an air gap is impractical and is effective against both backsiphonage and backpressure.
(b) 
RPs shall be sized to provide an adequate supply of water and pressure for the premises being served. Since flow characteristics are not standard, installers shall consult manufacturer’s specifications for specific performance data.
(c) 
Premises where interruption of water supply is critical shall be provided with two assemblies installed in parallel. They shall 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.
(d) 
Bypass lines are prohibited. Pipe fittings which could be used for a bypass line shall not be installed.
(e) 
RPs shall be installed as follows:
(1) 
The assembly shall be readily accessible for testing and maintenance [and] shall be located in an area where water damage to buildings or furnishings will not occur from relief valve discharge. An approved air gap funnel assembly may be used to direct minor discharges away from the assembly lines to accommodate full relief valve discharge flow should be considered [sic].
(2) 
RPs are typically installed above grade in well-drained areas, but may be installed below grade if an adequate bore sight to daylight drain is provided.
(3) 
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 shall be provided to accommodate full pressure discharge from the assembly.
(4) 
All assemblies larger than two inches (2") shall have a minimum of twelve inches (12") on the back side, twenty-four inches (24") on the test cock side, and the relief valve opening shall be at least twelve inches (12") plus nominal size of assembly above the floor or highest possible water level. Headroom of six feet (6') is required in vaults without a fully removable top. A minimum access opening of twenty-four inches (24") square is required below all vault lids.
(5) 
Assemblies installed more than five feet (5') above floor level must have a suitable platform for use by testing or maintenance personnel.
(f) 
The assembly must be protected from freezing and other severe weather conditions.
(g) 
Vertical installation is prohibited.
(h) 
Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly.
(i) 
The property owner assumes all responsibility for leaks and damage. The owner shall ensure that the vault is kept reasonably free of silt and debris.
(j) 
All RPs shall be tested in accordance with this policy. Any premises that have RPs that are point-of-use protection, or as premises isolation, without high hazard premises isolation protection shall be tested every six months. The owner is responsible for the initial test upon installation or repair and the subsequent tests. The owner shall notify the director upon installation of any prevention assembly.
(k) 
Variances from these specifications will be evaluated on a case-by-case basis. Any deviations shall be prohibited without the director’s prior written approval.
(Ordinance 2001-06, ex. A, sec. 27, adopted 8/23/01)
(a) 
DCs 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.
(b) 
DCs shall be sized to provide an adequate supply of water and pressure for the premises being served. Since flow characteristics are not standard, installers shall consult manufacturer’s specifications for specific performance data.
(c) 
Premises where interruption of water supply is critical shall be provided with two assemblies installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide maximum flow required.
(d) 
Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed.
(e) 
DCs shall be installed as follows:
(1) 
The assembly shall be readily accessible, with adequate room for testing and maintenance. DCs may be installed below grade, as long as all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for clearances established below.
(2) 
Assemblies two inches (2") and smaller shall have at least a three-inch (3") 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 twenty-four inches (24") below grade. All assemblies larger than two inches (2") shall [have] minimum clearance of twelve inches (12") on the back side, twenty-four inches (24") on the test cock side, and twelve inches (12") below the assembly. Headroom of six feet (6') is required in vaults without a fully removable top. A minimum access opening of twenty-four inches (24") square is required on all vault lids.
(3) 
Assemblies installed more than five feet (5') above floor level shall have a suitable platform for use by testing or maintenance personnel.
(f) 
Vertical installations are allowed on sizes up to and including four [inches] (4") that meet the following requirements:
(1) 
Internally spring-loaded check valves;
(2) 
Flow is upward through assembly;
(3) 
Manufacturer states that the assembly can be used in a vertical position;
(4) 
The director gives written approval.
(g) 
The assembly shall be protected from freezing and other severe weather conditions.
(h) 
Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly.
(i) 
The property owner assumes all responsibility for foundation or basement wall penetration, leaks, and damage. The owner shall ensure that the vault is kept free of silt and debris.
(j) 
All DCs shall be tested in accordance with this policy. The owner shall be responsible for the initial test upon installation or repair and subsequent tests. The owner shall notify the director of installation of any prevention assembly.
(k) 
Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without the director’s prior written approval.
(Ordinance 2001-06, ex. A, sec. 28, adopted 8/23/01)
DDCs may be utilized in installations requiring a double check valve assembly and detector metering. DDCs shall comply with the installation requirements applicable for double check valve assemblies (DCs).
(Ordinance 2001-06, ex. A, sec. 29, adopted 8/23/01)
(a) 
PVBs may be utilized only at point-of-use protection where a substance would be objectionable but not hazardous to health if introduced into the potable water. PVBs protect against backsiphonage only and shall not be installed where potential for backpressure exists.
(b) 
The assembly shall be installed a minimum of twelve inches (12") above the highest use outlet or overflow level downstream from the assembly.
(c) 
PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge.
(d) 
The assembly shall be protected from freezing.
(e) 
The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve inches (12") all around the assembly.
(f) 
PVBs shall be located between twelve inches (12") and sixty inches (60") above ground level.
(g) 
A strainer with blowout tapping may be required ahead of the assembly.
(h) 
All PVBs shall be tested in compliance with this policy. The owner shall be responsible for the initial test upon installation or repair and for all subsequent tests. The owner shall notify the director of installation of any backflow prevention assembly.
(i) 
Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without the director’s prior written approval.
(Ordinance 2001-06, ex. A, sec. 30, adopted 8/23/01)
(a) 
AVBs provide minimal protection and are approved for very low hazard applications only. AVBs protect against backsiphonage only, and are prohibited where there is potential for backpressure.
(b) 
The assembly shall be installed a minimum of six inches (6") above the highest use outlet or overflow level downstream from the assembly.
(c) 
Shutoff valves downstream from the assembly are prohibited.
(d) 
AVBs shall be allowed only for those applications where there is less than 12 hours per day of continuous use.
(e) 
AVBs shall not be installed in an area subject to flooding or where damage may occur from water discharge.
(f) 
AVBs shall be allowed for point-of-use protection only in accordance with the plumbing code. The director does not recognize AVBs as adequate protection require additional protection [sic].
(Ordinance 2001-06, ex. A, sec. 31, adopted 8/23/01)
(a) 
Air gap separations provide maximum protection from backflow hazards and may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system.
(b) 
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 (in no case less than one inch (1")). If splashing is a problem, tubular screens may be attached or the supply line cut at a 45-degree angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed.
(c) 
Air gap separations shall not be altered in any way without prior approval from the director, and shall be available for inspection at all reasonable times.
(d) 
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 wall, or a distance greater than four times the effective opening for two intersecting walls.
(e) 
In cases where there are three or more side walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than as specified above, the air gap shall be measured from the top of the wall.
(f) 
The effective opening shall be the minimum cross-sectional area at the seat of the control valve, the supply pipe, or the tubing that feeds the assembly or outlet. If two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller.
(Ordinance 2001-06, ex. A, sec. 32, adopted 8/23/01)