This article is hereby designated and shall be known and referred
to as the cross-connection/backflow prevention ordinance.
(Ordinance 10-1108-02, sec. 3 (1.01),
adopted 11/8/10)
The purpose of this article is to protect the city’s water
supply from contamination or pollution due to plumbing cross-connections
or backflow, pursuant to Texas Administrative Code, title 30, part
1, chapter 290, subchapter D, and in particular sections 290.44 and
290.46, as amended, and to continue in effect the city’s cross-connection
program.
(Ordinance 10-1108-02, sec. 3 (1.02),
adopted 11/8/10)
This article shall apply to residents of the city and to persons
outside the city who by permit, contract, agreement with the city
or otherwise are users of the publicly owned water treatment works
of the city or who conduct business in the city using city water.
Except as otherwise provided herein, the authority, as defined herein,
shall administer, implement and enforce the provisions of this article.
(Ordinance 10-1108-02, sec. 3 (1.03),
adopted 11/8/10)
(a)
Air gap.
Appeal officer.
Approved backflow prevention assembly or backflow assembly or
assembly.
Atmospheric vacuum breaker backflow prevention device or atmospheric
vacuum breaker or AVB.
Authority.
Backflow.
Backpressure.
Backsiphonage.
City.
Commission.
Contaminant.
Contamination.
Cross-connection.
Cross-connection control assembly.
Degree of hazard.
(1)
(2)
(3)
(4)
(5)
(6)
Director.
Double check detector backflow prevention assembly or double
check detector or DCDA.
Double check valve backflow prevention assembly or double check
assembly or double check or DC.
Fire line tester.
General tester.
Mobile unit.
Nonresidential use.
Person.
Plumbing code.
Point-of-use isolation.
Potable water supply.
Premises.
Premises isolation.
Pressure vacuum breaker backflow prevention assembly or pressure
vacuum breaker or PVB.
Public water system or system.
Publicly owned treatment works (POTW).
Reduced pressure principle backflow prevention assembly or reduced
pressure principle assembly or RPZ assembly or RPZ.
Reduced pressure principle detector backflow prevention assembly
or reduced pressure detector or RPZDA.
Regulatory authority.
Representative of the water system.
Residential use.
Service connection.
TCEQ.
Tester.
Thermal expansion.
For
the purpose of this article, certain terms, phrases, words and their
derivatives shall be construed as specified in this article or as
specified in the building code, as adopted and as amended. Where a
conflict exists, the building code controls. Where terms are not defined,
they shall have their ordinary accepted meanings within the context
with which they are used. Merriam-Webster Dictionary, Unabridged,
Copyright 1998, shall be considered as providing ordinary accepted
meanings. Words in the singular include the plural and the plural
the singular. Words used in the masculine gender include the feminine
and the feminine the masculine. Whenever the words “dwelling,”
“dwelling unit,” “premises,” and “structure”
are used herein, they shall be construed as though they were followed
by the words “or any part thereof.”
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, and in no case less than
one (1) inch.
The mayor, who presides over appeals of the director, authority
or regulatory authority actions or decisions.
An assembly to counteract backpressure or prevent backsiphonage.
A device used to prevent backsiphonage in non-health-hazard
conditions. This device cannot be tested and cannot prevent backpressure
backflow.
The city administrator appointed code enforcement officer
or his designee(s) charged with the administration and enforcement
of this article.
The flow in the direction opposite to the normal flow or
the introduction of any foreign liquids, gases, or substances into
the city’s water system.
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.
The flow of water or other liquids, mixtures, or substances
into the distribution pipes of a potable water supply system from
any source other than its intended source caused by a sudden reduction
of pressure in the potable water supply system.
The City of Italy, Texas, and the city’s officers and
employees.
The state commission on environmental quality or successor
entity.
Any foreign material, solid or liquid, not common to the
potable water supply, which makes or may make the water unfit or undesirable
for human or animal consumption.
The admission of contaminants into the potable water supply
system.
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 may be 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.
Any assembly 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.
The hazard classification that shall be attached to all actual
or potential cross-connections, as follows:
Health hazard.
An actual or potential threat of contamination of a physical
or toxic nature to the public potable water system or the consumer’s
potable water supply system that would be a danger to health.
High hazard.
The classification assigned to an actual or potential cross-connection
that potentially could allow a substance that may cause illness or
death to backflow into the potable water supply.
Low hazard.
The classification assigned to an actual or potential cross-connection
that potentially could allow a substance that may be objectionable
but not hazardous to one’s health to backflow into the potable
water supply.
Plumbing hazard.
An internal or plumbing-type cross-connection in a consumer’s
potable water supply system that may be either a pollution hazard
or a contamination-type hazard.
Pollution hazard.
An actual or potential threat to the physical properties
of the potable water supply system or the potability of the public
or the consumer’s potable water supply system but which would
not constitute a health or system hazard, as defined. Maximum degree
of intensity of pollution which the potable water supply 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.
System hazard.
An actual or potential threat of severe danger to the physical
properties of the public or consumer’s potable water supply
or of a pollution or contamination that would have a detrimental effect
on the quality of the potable water in the system.
The city employee, or designee, appointed by the city administrator
and charged with the administration and enforcement of this article.
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.
An assembly which consists of two (2) 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.
A tester who is employed by a state-approved fire line contractor
and is qualified to test backflow prevention assemblies on fire lines
only.
A tester who is qualified to test backflow prevention assemblies
on any domestic, commercial, industrial or irrigation service, except
fire lines.
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.
Water used by any person other than a residential customer
of the water supply, and includes all uses not specifically included
in residential uses.
Any individual, firm, partnership, joint adventure, association,
club, fraternal organization, joint stock company, corporation, cooperative,
estate, trust, receiver, trustee, syndicate, or any other group or
combination acting as a unit.
The city ordinances regulating plumbing in the city, as amended.
The appropriate backflow prevention within the consumer’s
water system at the point at which the actual or potential cross-connection
exists.
Any water supply intended or used for human consumption or
other domestic use.
Any piece of property to which water is provided, including
all improvements, mobile structures, and structures located on it.
The appropriate backflow prevention at the service connection
between the public water system and the water user.
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 allow the full testing of the assembly.
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 used in the process of producing,
treating, storing, or conveying water for public consumption.
A “treatment works,” as defined by section 2 of 33 U.S.C. section 1292, which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. For the purposes of this article, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s sewer collection system.
An assembly containing two (2) 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.
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.
The city administrator or designated representative, the
building official or designated representative, the chief of the fire
department or designated representative and/or the director, or designee,
charged with the administration and enforcement of this article.
A person designated by the city to perform cross-connection
control duties that shall include, but are not limited to, cross-connection
inspections and water use surveys.
Water used by any residential customer of the city’s
water supply, and includes single-family dwellings, duplexes, multiplexes,
housing and apartments where the individual units are each on a separate
meter or, in cases where two (2) or more units are served by one (1)
meter, the units are full-time dwellings.
The point of delivery at which the water purveyor loses control
of the water.
The state commission on environmental quality.
A person that is a certified backflow prevention assembly
technician approved by and registered with the city and the TCEQ.
Heated water that does not have the space to expand.
(b)
If
a word or term is not defined in this article, unless the context
clearly indicates otherwise, it shall have the definition provided
for such word or term as set out in the ninth or current edition of
the Manual of Cross-Connection Control published by the Foundation
for Cross-Connection Control and Hydraulic Research, University of
Southern California. A copy shall be kept on file in the office of
the city secretary.
(Ordinance 10-1108-02, sec. 3 (1.04),
adopted 11/8/10)
(a)
The
regulatory authority shall have the authority and responsibility to
enforce the provisions of this article and state law regarding cross-connections,
when applicable.
(b)
The
regulatory authority shall inspect or cause to be inspected all backflow
prevention assemblies installed pursuant to the requirements of this
article.
(c)
For
new facilities, permanent water service shall not be provided until
all backflow prevention assemblies have been tested and are operational.
(d)
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.
(e)
The
regulatory authority may, without prior notice, suspend water service
to any premises when the regulatory authority finds such suspension
is necessary to prevent or stop an actual or threatened backflow which
presents, or may present, imminent and substantial danger to the environment,
the public water supply, or the health and welfare of any person.
As soon as practicable after the suspension of service, the regulatory
authority shall notify the owner or person in charge of the premises
of the suspension in person or by certified mail, return receipt requested.
When time permits, the regulatory authority may notify the owner or
person in charge prior to suspending water service. Notice shall provide
the date that service will be or was discontinued without further
notice, the reason for discontinuance, and the ability to request
an administrative review regarding the reasons for discontinuance
within fifteen (15) days from the date of notice. Services are not
reinstated upon request for an administrative review. The regulatory
authority may not reinstate suspended services until:
(1)
The person presents proof, satisfactory to the regulatory authority,
that the actual or threatened backflow has been eliminated and its
cause determined and corrected;
(2)
The person pays the city for all costs the city incurred in responding
to the actual or threatened backflow; and
(3)
The person pays the city for all costs the city will incur in reinstating
service.
(f)
A
person commits an offense if the person reinstates water service to
any premises for which the regulatory authority has suspended water
service in order to prevent or stop an actual or threatened backflow
which presents, or may present, imminent and substantial danger to
the environment, the public water supply, or the health and welfare
of any person, except as directed by the regulatory authority.
(Ordinance 10-1108-02, sec. 3 (3.01),
adopted 11/8/10)
(a)
A
person who owns, operates or manages premises where a backflow prevention
assembly or assemblies are required shall annually register and pay
an annual nonrefundable administrative/inspection fee in the amount
established by city council for the registration and inspection of
each backflow prevention assembly. The annual administrative/inspection
fee charged for a backflow prevention assembly shall be per each separate
device. This annual administrative/ inspection fee is to cover the
administrative cost associated with the regulatory authority annually
registering and inspecting a backflow prevention assembly and obtaining,
reviewing and maintaining the documentation required by this article.
(b)
There
shall be an annual nonrefundable registration fee in the amount established
by city council for each applicant registering with the city as a
certified backflow prevention assembly tester. This annual nonrefundable
registration fee is to cover administrative cost associated with the
regulatory authority annually registering an applicant with the city
as a certified backflow prevention assembly tester.
(c)
There
shall be a charge for city installation of a backflow prevention device
under this article, such charges to be at the rate established by
city council per hour for labor, plus the actual cost of parts and
materials necessary for such installation.
(d)
The
city administrator is authorized to collect the fees and charges set
forth in this article, as amended, in a manner consistent with this
article, state law and any other applicable ordinances of the city.
(Ordinance 10-1108-02, sec. 3 (4.01),
adopted 11/8/10)
(a)
A
person who violates any provision of this article by performing an
act prohibited or by failing to perform an act required is guilty
of a misdemeanor; each day the violation continues shall be a separate
offense.
(1)
If the definition of an offense under this article does not prescribe
a culpable mental state, then a culpable mental state is not required
and the offense is one of strict liability. A strict liability offense
shall be punishable by a fine not to exceed five hundred dollars ($500.00).
(2)
If the definition of an offense under this article prescribes a culpable
mental state, then a culpable mental state is required and the offense
shall be punishable by a fine not to exceed two thousand dollars ($2,000.00).
(b)
The
remedies provided by this article shall be in addition to all other
criminal and civil remedies to which the city is entitled under authority
of statutes, ordinances or in equity that the city may pursue.
(Ordinance 10-1108-02, sec. 3 (5.01),
adopted 11/8/10)
A person may appeal the decision of the director or regulatory
authority by making a written request for appeal to the mayor within
seven (7) business days of the adverse decision or action. The appeal
hearing shall be conducted no later than seven (7) business days following
receipt of the notice of appeal unless the parties agree to a later
date. The appeal shall be conducted by the mayor. The decision of
the mayor shall be final.
(Ordinance 10-1108-02, sec. 3 (6.01),
adopted 11/8/10)
(a)
The
regulatory authority shall determine the type and location of backflow
prevention assembly to be installed within the area served by the
city.
(b)
The
use of a backflow prevention assembly at the service connection shall
be considered as additional backflow protection and shall not negate
the use of backflow protection on internal hazards as outlined and
enforced by the plumbing code.
(c)
At
a minimum, a backflow prevention assembly shall be required in the
following circumstances:
(1)
When the nature and extent of any activity at the premises, or 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)
When the premises have any one (1) or more cross-connections.
(3)
When internal cross-connections are present which are not correctable.
(4)
When intricate plumbing arrangements are present that make it impractical
to ascertain whether cross-connections exist.
(5)
When the premises has a repeated history of cross-connections being
established or re-established.
(6)
When entry to the premises is unduly restricted so that inspections
for cross-connections cannot be made with sufficient frequency to
assure that cross-connections do not exist.
(7)
When materials are being used such that, if a backflow should occur,
a health hazard could result.
(8)
When installation of an approved backflow prevention assembly is
deemed by the regulatory authority to be necessary to protect the
water supply of the city from contamination or pollution.
(9)
When an appropriate cross-connection survey report form has not been
filed with the regulatory authority.
(10)
When a fire sprinkler system is connected to the city’s water
system.
(11)
In all new nonresidential construction there shall be installed an
approved backflow prevention assembly at the service connection. The
type of backflow prevention assembly required will be commensurate
with the degree of hazard as determined by the regulatory authority
in order to protect the water supply of the city from contamination
or pollution.
(12)
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 service connection to provide protection of the public water
supply in the event of the most hazardous use of the building.
(13)
When the premises is required to have backflow prevention assemblies,
but water cannot be turned off during the testing of such assemblies,
the premises shall be equipped with dual backflow prevention assemblies
of the same type so that testing, repair and maintenance can be performed.
(14)
Any used water return system.
(15)
When a point-of-use assembly has not been tested or repaired as required
by this article, a premises isolation assembly shall be required.
(16)
When the regulatory authority determines that additions or alterations
have been made to the plumbing system without the proper permits as
required by the plumbing code, premises isolation shall be required.
(17)
All multi-story buildings or any building with a booster pump or
elevated storage tank.
(18)
Retrofitting shall be required on all high hazard connections and
on all other connections where the regulatory authority deems it necessary
to retrofit in order to protect the water supply of the city from
contamination or pollution.
(d)
A
person commits an offense if the person owns or is in control of any
premises and fails to install and maintain backflow prevention assemblies
on said premises as required by this section.
(e)
A
person commits an offense if the person owns, operates or manages
any premises and backflow from the premises enters the public water
supply system.
(Ordinance 10-1108-02, sec. 3 (2.01),
adopted 11/8/10)
(a)
Backflow
prevention assemblies shall be installed in accordance with the following
requirements:
(1)
Backflow prevention assemblies shall be installed in accordance with
the plumbing code, commission rules, this article, and other relevant
law. The assembly installer shall obtain the required plumbing permits
prior to installation and shall have the assembly inspected by the
regulatory authority.
(2)
When the regulatory authority requires a backflow prevention assembly
to be installed at the point of delivery of the water supply, such
installation of the assembly shall 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. Other areas
of installation of a backflow prevention assembly may be required
when the regulatory authority deems it necessary in order to protect
the water supply of the city from contamination or pollution.
(3)
The assembly shall be protected from freezing and other severe weather
conditions.
(4)
All backflow prevention assemblies shall be of a type and model approved
by the regulatory authority.
(5)
Vertical installations of backflow prevention assemblies shall be
approved in writing by the regulatory authority prior to installation.
(6)
Backflow prevention assemblies that are larger than four inches (4")
and are installed more than five feet (5') or higher above floor level
shall be equipped with a rigidly and permanently installed scaffolding
acceptable to the regulatory authority.
(7)
Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(8)
Premises that require backflow prevention assemblies, where an uninterrupted,
continuous water supply is critical, shall be provided with two (2)
assemblies installed in parallel for testing, maintenance, or repair.
They should be sized in such a manner that either assembly will provide
the maximum flow required or desired.
(9)
Lines shall be thoroughly flushed prior to installation. A strainer
with blowout tapping may be required ahead of the backflow prevention
assembly.
(10)
Upon completion of installation, the regulatory authority shall be
notified and all backflow prevention assemblies shall be inspected
and tested. The original test report shall be signed and dated by
the tester; contain the test gauge make, model, serial number, and
calibration date, name of the tester, state certification number of
the tester, and facility name, address and telephone number; and submitted
to the regulatory authority.
(b)
A
person commits an offense if the person installs a backflow prevention
assembly in violation of this section.
(c)
A
person commits an offense if the person fails to notify the regulatory
authority of installation, to inspect and test, or to report the test
report in compliance with this article.
(d)
If the property owner or person in control of the premises required to have a backflow prevention assembly makes a request to the city, the city may install the backflow prevention assembly, and the property owner or person in control of the premises shall pay to the city the charges for such installation at the rate(s) established in section 3.07.006.
(Ordinance 10-1108-02, sec. 3 (2.02),
adopted 11/8/10)
(a)
No
person shall install or maintain a backflow prevention assembly upon
or within any city right-of-way except as provided in this section.
(b)
A
backflow prevention assembly required by this article may be installed
upon or within any city right-of-way only when the city determines
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 there is application and approval by the city. The
city retains the right to approve the location, height, depth, enclosure,
installation, and other requisites of the assembly prior to its installation
and the city shall not be liable for any damage done to or caused
by an assembly installed in a right-of-way.
(c)
All
permits, approvals and inspections required by applicable city ordinances
and other law to perform work in the right-of-way shall be obtained.
(d)
Double
check valve assemblies installed in the right-of-way shall be installed
below or flush with the surrounding grade except when the city determines
that it is not practicable to install it in this manner.
(e)
Any
assembly or portion of an assembly which extends above ground shall
be located no closer than eighteen inches (18") to the face of the
curb.
(f)
A
property owner shall, at the request of the city and at the owner’s
sole expense, relocate a backflow prevention assembly which encroaches
upon any city right-of-way when such relocation is necessary for the
city’s reconstruction, widening, or straightening of streets;
placement or installation of traffic signals, traffic signs and streetlights;
or construction of any other city public improvement project.
(g)
A
person commits an offense if the person fails to relocate a backflow
prevention assembly located in or upon any city right-of-way after
receiving a written order from the city to do so.
(h)
A
person commits an offense if the person installs or maintains a backflow
prevention assembly in violation of this section.
(i)
A
backflow prevention assembly installed or maintained in a city right-of-way
in violation of this section or of an order issued pursuant to this
section is hereby declared to be a nuisance.
(Ordinance 10-1108-02, sec. 3 (2.03),
adopted 11/8/10)
Any premises requiring multiple service connections for adequacy
of supply and/or fire protection shall have a backflow prevention
assembly on each service connection. The type of backflow prevention
assembly required will be commensurate with the degree of potential
hazard as determined by the regulatory authority in order to protect
the water supply of the city from contamination or pollution.
(Ordinance 10-1108-02, sec. 3 (2.04),
adopted 11/8/10)
When the regulatory authority determines that residential premises
have a cross-connection, said premises shall be required to eliminate
the actual or potential cross-connection or shall be equipped with
an approved backflow prevention assembly installed in accordance with
this article.
(Ordinance 10-1108-02, sec. 3 (2.05),
adopted 11/8/10)
(a)
The
connection of a mobile unit to any potable water system is prohibited
unless:
(b)
A
person commits an offense if the person operates or causes to be operated
a mobile unit in violation of this section.
(Ordinance 10-1108-02, sec. 3 (2.06),
adopted 11/8/10)
(a)
A
double check valve assembly (DCVA) approved by the regulatory authority
shall be the minimum protection required for fire sprinkler systems
using piping material that is not approved for potable water use and/or
that do not provide for periodic flow-through during each twenty-four-hour
period, unless a variance has been issued in writing from the regulatory
authority. A reduced pressure principle assembly (RPZ) shall be installed
when any solution other than potable water can be introduced into
the sprinkler system, unless an air gap is used to protect a tank
supplying the system.
(b)
A
single detector check is required to be installed on all fire systems
which are connected to the water system. Vaults are required to be
used for installation of backflow valves on fire suppression systems.
All backflow valves/vaults used on fire suppression systems shall
be located as close to the right-of-way as possible, but shall be
located no further than one hundred feet (100') from the property
line. If the backflow valve can be installed inside the building,
and remain within one hundred feet (100') of the property line, the
valves may be installed inside the building. Only the city council
may, by written approval, grant a variance to this distance requirement.
(c)
Upon
the approved installation of the DCVA, RPZ or approved backflow prevention
assembly, a licensed fire line tester shall complete a cross-connection
test report and submit the completed report to the regulatory authority
as required by this article.
(d)
All
fire line equipment, including piping and valves, shall be installed
by a state licensed fire sprinkler system contractor. Backflow prevention
assembly testers may test and repair assemblies on fire lines only
if they are permanently employed by an approved fire line contractor.
The state fire marshal’s office requires that any person performing
maintenance on fire lines shall be employed by an approved fire line
contractor.
(Ordinance 10-1108-02, sec. 3 (2.07),
adopted 11/8/10)
(a)
An
approved double check valve assembly (DCVA) or reduced pressure principle
assembly (RPZ) that has been approved by the regulatory authority
shall be required 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. An RPZ is required if any solution other than the potable
water can be introduced into the system.
(b)
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 meter rentals shall meet the current requirements,
as provided by the city.
(c)
Only
city fire hydrant meters with approved backflow prevention assemblies
are allowed to be used within the city limits.
(Ordinance 10-1108-02, sec. 3 (2.08),
adopted 11/8/10)
(a)
All
lawn irrigation systems shall obtain a permit issued by the building
inspection department for installation and shall be installed in compliance
with the plumbing code, this article and any other applicable city
ordinances.
(b)
Interconnections
of the potable water supply with an alternate water source are prohibited.
(Ordinance 10-1108-02, sec. 3 (2.09),
adopted 11/8/10)
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 10-1108-02, sec. 3 (2.10),
adopted 11/8/10)
Any reduction in water pressure caused by the installation of
a backflow assembly shall not be the responsibility of the city.
(Ordinance 10-1108-02, sec. 3 (2.11),
adopted 11/8/10)
(a)
The
regulatory authority shall inspect and/or test, or cause to be inspected
and tested, all backflow prevention assemblies in each of the following
circumstances:
(1)
Immediately after installation;
(2)
Whenever the assembly is moved;
(3)
A minimum of once a year for all assemblies providing protection
against health hazards;
(4)
Premises that have been vacated and unoccupied for one (1) year,
prior to reoccupancy; and
(5)
Immediately after repairs or replacement.
(b)
Backflow
prevention assemblies may be required to be tested more frequently
if the regulatory authority deems it necessary to protect the water
supply of the city from contamination or pollution.
(c)
All
backflow prevention assembly testing shall be performed by a certified
backflow prevention assembly tester who is registered with the city’s
regulatory authority.
(d)
It
is the responsibility of the property owner and the person in control
of the premises to have all backflow prevention assemblies tested
in accordance with this article.
(e)
All
results from backflow prevention assembly testing by a certified backflow
prevention assembly tester shall be placed on a form that shall be
obtained by the tester from the city.
(f)
It
is the responsibility of any person who owns or who controls any premises
to have all backflow prevention assemblies tested in accordance with
this article.
(g)
A
person commits an offense if the person owns or is in control of any
premises and fails or refuses to have the backflow prevention assemblies
installed on said premises, inspected or tested as required by this
section.
(h)
The
city shall not be liable for damage to a backflow prevention assembly
that occurs during testing.
(Ordinance 10-1108-02, sec. 3 (2.12),
adopted 11/8/10)
(a)
A person who owns, operates or manages premises in which required backflow prevention assemblies are installed shall maintain such assemblies in proper working order at all times, including repair as required, annual registration on a form provided by the regulatory authority, and payment of an annual nonrefundable administrative/inspection fee in the amount established in section 3.07.006. All maintenance and repair of assemblies shall be performed in accordance with all applicable regulations of the city and this article.
(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 regulatory
authority.
(c)
All
records related to backflow prevention assembly installation, testing,
and repair shall be maintained on the premises for a minimum of three
(3) years.
(d)
A
person commits an offense if the person allows an unregistered tester
to perform testing work at his establishment.
(e)
A
person commits an offense if a person fails to maintain backflow prevention
assemblies in compliance with this section.
(f)
A
person commits an offense if the person fails to comply with a repair
order issued by the regulatory authority.
(Ordinance 10-1108-02, sec. 3 (2.13),
adopted 11/8/10)
(a)
Reduced pressure principle backflow prevention assemblies (RPZs).
RPZs may be utilized at premises where a substance is handled
that would be hazardous to health if introduced into the potable water
supply system. The RPZ is normally used in locations where an air
gap is impractical. The RPZ is effective against both backsiphonage
and backpressure.
(1)
RPZs shall 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 shall be readily accessible for testing and maintenance
and shall be located in an area where water damage to the building
or furnishings would not occur from relief valve discharge. The property
owner assumes all responsibility for any damage caused by water discharge
from an RPZ assembly. An approved air gap shall be located at the
relief valve orifice of RPZ 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, and in no case less than
one inch (1"). An approved air-gap funnel assembly may be used to
direct minor discharges away from the assembly; this assembly will
not control flow in a continuous relief situation. Drain lines to
accommodate full relief valve discharge flow should be considered.
(3)
No part of a reduced pressure principle backflow prevention assembly
shall be submerged in water or installed in a location subject to
flooding. RPZs are typically installed above grade in well-drained
areas. 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 shall be provided to accommodate full pressure discharge
from the assembly.
(5)
Assemblies two inches (2") and smaller shall have at least six inches
(6") clearance on both sides and on top of the assembly, and twelve
inches (12") below and behind the assembly. All assemblies larger
than two inches (2") shall have a minimum of twelve inches (12") on
the back side, and 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 the assembly above the floor or highest possible
water level. Headroom of six feet (6') zero inches (0") is required
in vaults without a fully removable top. A minimum access opening
of thirty-six inches (36") is required on all vault lids.
(6)
Vertical installation is prohibited.
(7)
All RPZ assemblies shall be tested in accordance with this article.
Tests are the responsibility of the assembly owner. The owner shall
notify the regulatory authority upon installation of any backflow
prevention assembly.
(8)
Variances from these specifications will be evaluated on a case-by-case
basis. Any deviation shall be prohibited without prior written approval
of the regulatory authority.
(b)
Double check valve backflow prevention assemblies (DCs).
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 supply system.
(1)
DCs shall be sized to provide an adequate supply of water and pressure
for the 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 (2) assemblies installed in parallel. Assemblies
shall be sized in such a manner that either assembly will provide
the minimum water requirements while the two (2) together will provide
the maximum flow required.
(3)
The assembly shall be readily accessible with adequate room for testing
and maintenance. DCVAs 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 two inches (2") and smaller shall have at least six inches
(6") of 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 a 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')
zero inches (0") is required in vaults without a fully removable top.
A minimum access opening of thirty-six inches (36") 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 DCVAs are only allowed on sizes up to and
including four inches (4") that meet the following requirements:
(A)
Internally spring-loaded check valves;
(B)
Flow is upward through the assembly;
(C)
The manufacturer and the University of Southern California’s
Foundation for Cross-Connection Control and Hydraulic Research states
the assembly can be used in a vertical position; and
(D)
Approved by the regulatory authority.
(6)
All DCVAs shall be tested in accordance with this article. Tests
are the responsibility of the assembly owner. The owner shall 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 deviation shall be prohibited without prior written approval
of the regulatory authority.
(c)
Pressure vacuum breaker backflow prevention assemblies (PVBs).
PVBs 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)
The assembly shall be installed a minimum of twelve inches (12")
above the 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 twelve inches (12") all around the assembly.
(4)
All PVBs shall be tested in compliance with this article. Tests are
the responsibility of the assembly owner. The owner shall notify the
regulatory authority of installation of any backflow prevention assembly.
(5)
Variances from these specifications will be evaluated on a case-by-case
basis. Any deviation shall be prohibited without prior written approval
of the regulatory authority.
(d)
Spill-resistant pressure vacuum breaker backflow prevention assemblies
(SVBs).
SVBs 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.
(e)
Air-gap separation.
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.
(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 one inch (1"). If splashing is a
problem, tubular screens may be attached or the supply line may be
cut at a forty-five-degree 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 shall be available for
inspection at all reasonable times.
(Ordinance 10-1108-02, sec. 3 (2.14),
adopted 11/8/10)
(a)
No
certified backflow assembly tester shall operate within the city without
first registering with the regulatory authority. The regulatory authority
shall determine whether an applicant is eligible for registration.
(b)
(d)
After
notice and hearing, the regulatory authority may revoke a registration
if the regulatory authority determines that the tester:
(1)
Has falsely, incompletely, or inaccurately reported assembly 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 as required by this article;
(7)
Has on three (3) or more times in a calendar year failed to return
completed test forms to the regulatory authority within the time period
required by this article; or
(8)
Has violated any other provision of this section.
(e)
The
regulatory authority will maintain a current list of registered certified
testers.
(f)
A
person commits an offense if the person tests a backflow prevention
assembly within the city without being certified by the commission.
(g)
A
person commits an offense if the person operates as a backflow prevention
assembly tester within the city without registering with the regulatory
authority.
(Ordinance 10-1108-02, sec. 3 (2.15),
adopted 11/8/10)
A certified backflow prevention assembly tester shall:
(1)
Register annually with the city and pay the annual nonrefundable registration fee established in section 3.07.006;
(2)
File
the serial number of each of his/her test kits with the regulatory
authority;
(3)
Annually
have each recorded test kit tested for accuracy and calibrated to
maintain a two percent (2%) accuracy factor;
(4)
Maintain
testing equipment in proper working condition/calibration;
(5)
Perform
competent and accurate certifications on each backflow prevention
assembly tested and shall submit complete original, signed and dated
reports on the city-approved forms;
(6)
Report
test results to the regulatory authority within ten (10) 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; and
(9)
Not
change the design or operation characteristics of a backflow prevention
assembly.
(Ordinance 10-1108-02, sec. 3 (2.16),
adopted 11/8/10)
Backflow entering or threatening to enter the public water supply
from any premises, by cross-connection or otherwise, is hereby declared
to be a nuisance. The city may abate the nuisance in accordance with
the ordinances of the city, or in any other manner authorized by law.
(Ordinance 10-1108-02, sec. 3 (2.17),
adopted 11/8/10)
(a)
A
customer service inspection for cross-connection control shall be
completed prior to providing continuous water service in each of the
following circumstances:
(1)
Water service to a newly constructed facility or previously non-existing
premises;
(2)
After any material improvement to buildings or premises;
(3)
Any correction or addition to the plumbing of any facility or premises
served by the city; or
(4)
The regulatory authority deems it necessary to protect the water
supply of the city from contamination or pollution.
(b)
Permanent
water service shall not be supplied to a new construction facility
until after the customer service inspection is completed.
(c)
The customer service inspection required by this section may be performed by the city or by a contractor selected by the customer. If the circumstances of the customer service inspection so require, the contractor selected by the customer shall be a qualified tester as defined in this article. If the customer requests the city to perform the customer service inspection required by this section, the customer shall pay to the city a fee in the amount established by city council for said inspection as follows. The city administrator is authorized to collect such fee charged under this section in a manner consistent with this article, state law and any other applicable ordinances of the city. The fees provided by this section are separate and apart from, and in addition to, the fees and charges specified in section 3.07.006.
(d)
When
a customer has been notified by the city that a customer service inspection
needs to be performed, the customer shall have such customer service
inspection performed, and provide the written result of such inspection
to the city, within thirty (30) days of the date of notification provided
in accordance herewith.
(Ordinance 10-1108-02, sec. 3 (2.18),
adopted 11/8/10)
(a)
Every
person provided water service by the city directly or indirectly shall
permit the regulatory authority to enter his premises and buildings
for the purpose of inspecting pipes and fixtures and the manner in
which water is used to determine compliance with this article. The
regulatory authority’s right of entry is a condition of the
person’s water service or connection to the city’s public
water system.
(b)
The
person shall promptly remove, at the person’s sole expense,
a security barrier or other obstacle to allow access by the regulatory
authority to the person’s premises.
(c)
In
connection with action by the regulatory authority under this article,
a person with water service provided by the city commits an offense
if the person:
(d)
The
regulatory authority may apply to the municipal court or other court
of competent jurisdiction for a search warrant if:
(1)
A person denies the regulatory authority access to a building, structure,
property, or a public or private potable system connected to the city’s
public water system; or
(Ordinance 10-1108-02, sec. 3 (2.19),
adopted 11/8/10)
