No water service connection shall be made to any establishment
where a potential or actual contamination hazard exists unless the
water supply is protected in accordance with the state commission
on environmental quality rules and regulations for public water systems
(TCEQ rules) and this article. Water service shall be discontinued
by the water purveyor if a required backflow prevention assembly is
not installed, maintained and tested in accordance with the TCEQ rules
and this article.
(Ordinance 2014-05 adopted 2/4/14)
No water connection from any public drinking water supply system
shall be connected to any condensing, cooling, or industrial process
or any other system of nonpotable usage over which the public water
supply system officials do not have sanitary control. The purpose
of a cross-connection control program is to promote the public health,
safety, and welfare by regulations designed to:
(1)
Protect the public potable water supply of the city from the possibility
of contamination or pollution by isolating within a customer’s
internal distribution systems or a customer’s private water
systems contaminants or pollutants that could backflow into the public
water system.
(2)
Promote the elimination or control of existing cross connections,
whether actual or potential, between a customer’s in plant potable
water system(s) and nonpotable water system(s), plumbing fixtures,
and industrial piping system(s).
(3)
Provide for the maintenance of a continuing program of cross-connection
control which will systematically and effectively prevent the contamination
or pollution of the city’s potable water system.
(4)
Comply with title 30 Texas Administrative Code (30 TAC) chapter 290,
subchapter D: Rules and Regulations for Public Water Systems.
(Ordinance 2014-05 adopted 2/4/14)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. If a word or term used in this article is not contained in
the following list, its definition, or other technical terms used,
shall have the meanings or definitions listed in the most recent edition
of the Manual of Cross-Connection Control published by the Foundation
for Cross-Connection Control and Hydraulic Research, University of
Southern California.
A physical separation between the free flowing discharge
end of a potable water supply piping and/or appurtenance and an open
or nonpressure receiving vessel, plumbing fixture or other device.
An “approved air-gap separation” shall be at least twice
the diameter of the supply pipe measured vertically above the overflow
rim of the vessel, plumbing fixture or other device in no case less
than one inch.
An assembly to prevent backpressures or prevent backsiphonage
and which is listed as an approved assembly by the University of Southern
California (USC) Foundation for cross-connection control and hydraulic
research or similar rating or standards organization recognized by
the managing director.
A person or entity holding a certificate of registration
as such issued by the state fire marshal’s office.
A device used to prevent backsiphonage in nonhealth hazard
conditions. This device cannot be tested and cannot prevent backpressure
backflow.
Any water source or system other than the public water system
that may be available in the building or on the property, including
groundwater or surface waters used for industrial, irrigation or any
other purpose.
A flow in a direction opposite to the normal flow or the
introduction of any foreign liquids, gases, or substances into the
public water system.
A tester who is qualified to test backflow prevention assemblies
on any domestic, commercial, industrial or irrigation service except
firelines. Recognized backflow prevention assembly testers shall have
completed a TCEQ executive director approved course on cross-connection
control and backflow prevention assembly testing, pass an examination
administered by the TCEQ executive director, and hold a current license
as a backflow prevention assembly tester.
An assembly to counteract backpressure or prevent backsiphonage.
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, mixture or substances
into the distribution pipes of a potable water supply system from
any source other than its intended source caused by a sudden reduction
of pressure in the potable water supply system.
Providing adequate drainage for backflow prevention assemblies
installed in vaults through the use of an unobstructed drainpipe.
The City of Buda, Hays County, Texas.
Property or location which is used primarily for manufacture,
production, storage, wholesaling or retailing of services which is
or may be placed in the flow of commerce or any property or location
which is used primarily for the provision of any service.
The entry into or presence in a public water supply system
of any substance which may be harmful to health or to the quality
of the water.
Any physical arrangement where a potable water supply is
connected, directly or indirectly (actually or potentially), to or
with any nonpotable water system or source, used water system or auxiliary
water supply, sewer, drain conduit, swimming pool, storage reservoir,
plumbing fixture, swamp coolers, air-conditioner units, fire protection
system, or any other assembly which contains, or may contain, contaminated
water, sewage, or other liquid of unknown or unsafe quality which
may be capable of imparting contamination to the public water system
as a result of backflow. Bypass arrangements, jumper connections,
removable sections, swivel or change-over assemblies, or other temporary
or permanent assemblies through which, or because of which, backflow
may occur are considered to be cross connections.
Any nationally approved or recognized device placed upon
any connection, physical or otherwise, between a potable water supply
system and any plumbing fixture or any tank receptacle, equipment
or device, which is designed to prevent nonpotable, used, unclean,
polluted and contaminated water, or other substances, from entering
into any part of such potable water system under any condition or
set of conditions.
An examination of the private water distribution facilities
for the purpose of providing or denying water service. The inspection
is limited to the identification and prevention of cross connection
potential contamination hazards, and illegal lead materials.
The hazard classification (health or nonhealth) assigned
to an actual or potential cross connection.
An assembly composed of a line-size approved double check
assembly with 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 independently operating
check valves which are spring-loaded or weighted, a gate valve on
each side of the checks, and test cocks to test the checks for tightness.
A tester who is employed by a state approved fireline contractor
and is qualified to test backflow prevention assemblies on firelines.
An actual or potential threat of contamination of a physical,
chemical, biological or toxic nature to the public water system or
a consumer’s potable water system that would present a danger
to health.
A person who is recognized by the city as a licensed inspector
under the provisions of this article.
A person who sells, designs, offers consultations regarding,
installs, maintains, alters, repairs, services or supervises the installation
of an irrigation system, including the connection of such system to
a private or public, raw or potable water supply system or any water
supply, and who is required to be licensed under title 30 Texas Administrative
Code (30 TAC) chapter 344.1 landscape irrigation.
The city manager or his designee who is vested with the authority
and responsibility for the implementation of an effective cross-connection
control program and for the enforcement of the provisions of this
article.
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.
An actual or potential threat to the physical properties
of the water system or the potability of the public or consumer’s
potable water system or the consumer’s potable water system
but which would not constitute a health hazard as defined. Maximum
degree of intensity of pollution which the potable water system could
be degraded under this definition would cause a nuisance or be aesthetically
objectionable or could cause damage to the system or its appurtenances.
Water used by any person other than a residential customer
of the water supply and include all uses not specifically included
in “residential uses” as defined in the city’s comprehensive
zoning ordinance.
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 real property to which water is provided, including all
improvements, buildings, mobile and other structures located on it.
Backflow prevention at the service connection between the
public water system and the water user.
Backflow prevention at the point of use internally on the
customers premises.
An assembly which provides protection against backsiphonage,
but does not provide adequate protection against backpressure backflow.
The assembly is a combination of a single check valve with an AVB
and can be used with downstream resilient seated shut-off valves.
In addition, the assembly has suction and discharge gate valves and
resilient seated test cocks which allows the full testing of the assembly.
Any water supply including a well on or available to the
premises other than the city water supply. These auxiliary waters
may include water from another purveyor’s public water supply
or any natural source such as a well, spring, river, ponds, etc.
Any public or privately owned water system which supplies
water for public domestic use including all service lines, reservoirs,
facilities, and any equipment used in the process of producing, treating,
storing or conveying water for public consumption.
An assembly containing two independently acting approved
check valves, a hydraulically operated, mechanically independent pressure
differential relief valve located between the check valves and at
the same time below the first check valve, and including properly
located test cocks and tightly closing shut-off valves at each 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.
Water used by any residential customer of the water supply
and includes 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.
The point of delivery at which the public water system connects
to the private supply line or lateral of a water user.
An assembly containing an independently operating, internally
loaded check valve and independently operating, loaded air inlet valve
located on the discharge side of the check valve. This assembly is
to be equipped with a properly located resilient seated test cock
and tightly closing resilient seated shut-off valves attached at each
end of the assembly.
Any 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.
Texas Commission on Environmental Quality.
Heated water that does not have the space to expand.
Water supplied by a public water system to a water user’s
system after it has passed through the service connection.
A survey conducted or caused to be conducted by the local
authority designed to identify any possible source’s of contamination
to the potable water supply.
(Ordinance 2014-05 adopted 2/4/14)
(a)
The backflow prevention assembly protection which is required under
this article shall be any of the duly nationally recognized and authorized
backflow prevention assemblies listed in a state-approved plumbing
code and or as determined by the city. Each backflow prevention assembly
must have been approved by the city prior to installation. Failure
to obtain such approval prior to installation of the backflow prevention
assembly may result in the backflow prevention assembly failing to
meet the final approval by the city. The city shall determine the
type and location of backflow assembly to be installed within the
area serviced by the city.
(b)
With the approval of the managing director, a licensed backflow assembly
tester employed by or under contract or with the city shall determine
the type and location of any backflow assembly to be installed within
the city’s water service area. The assembly shall be required
in each of the following circumstances, but the tester is in no way
limited to the following circumstances:
(1)
When the nature and extent of any activity at a premises, or the
materials or equipment used in connection with any activity at a premises,
or materials stored at a premises, could present a health hazard upon
entry into the public water system.
(2)
When a premises has one or more cross connections.
(3)
When internal cross connections are present that are not correctable.
(4)
When intricate plumbing arrangements are present that make it impractical
to ascertain whether cross connections exist.
(5)
When a premises has a repeated history of cross connections being
established or re-established.
(6)
When entry to a premises is restricted so that inspections for cross
connections cannot be made with sufficient thoroughness or frequency
to assure that cross connections do not exist.
(7)
When materials are being used such that, if backflow should occur,
a health hazard could result.
(8)
When installation of an approved backflow prevention assembly is
determined by an inspector to be necessary to accomplish the purpose
of these regulations.
(9)
When an appropriate customer service inspection (CSI) has not been
filed with the managing director.
(10)
On all multi-story buildings or any building with a booster pump
or elevated storage tank.
(11)
For any used water return system that has received approval from
the managing director.
(c)
In all new nonresidential construction the managing director has
the authority to require an approved backflow assembly at the service
connection. The type of the assembly will correspond to the degree
of hazard as determined by the managing director. At any residence
or establishment where an actual or potential contamination hazard
exists and an adequate internal cross-connection control program is
in effect, backflow protection at the water service entrance or meter
may be required.
(d)
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. 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 local plumbing codes.
(e)
If a point-of-use assembly has not been tested or repaired as required
by this article, the installation of a reduced pressure principle
assembly will be required at the service connection.
(f)
If an inspector determines that additions or rearrangements have
been made to the plumbing system of a premises without the proper
permits as required by the plumbing code, premises containment shall
be required.
(g)
Retrofitting shall be required on all point-of-use health hazard
connections and wherever else the managing director determines that
retrofitting is necessary due to circumstances that indicate that
cross connection is likely to occur unless a backflow prevention assembly
is installed.
(h)
All backflow prevention assemblies installed after the effective
date of this article shall be installed in a manner designed to facilitate
ease of inspection by the city. Any currently installed backflow prevention
assemblies which, are located in inaccessible locations, or where
the tester is subject to physical danger, shall be relocated to approved
locations following installation guidelines of this article.
(i)
An approved double detector check valve assembly shall be the minimum
protection on all new fire sprinkler systems. An RP assembly shall
be installed if any solution other than potable water can be introduced
into the sprinkler system. Retrofitting shall be required on all health
hazard systems, where improper maintenance has occurred, and wherever
an inspector determines that such measures are necessary under the
conditions found by the inspector.
(Ordinance 2014-05 adopted 2/4/14)
(a)
Commercial.
(1)
All new and existing fire protection systems which utilize the city’s
potable water supply shall have installed an approved backflow prevention
device according to the degree of hazard.
(2)
An approved double check detector backflow prevention assembly (DCDA)
or reduced pressure detector assembly (RPDA) shall be the minimum
protection for the fire sprinkler systems a (RPDA) must be installed
if any solution other than potable water can be introduced into the
sprinkler system.
(3)
It is the responsibility of all property owners and persons in charge
of any premises to abide by the conditions of this article. In the
event of any changes to the plumbing system, it is the responsibility
of the property owners to notify the city in writing of the change.
Notification shall be sent to the attention of the managing director.
All costs associated with this article and the purchase, installation,
testing and repair of a (DCDA) or (RPDA) device is the responsibility
of the property owner and persons in charge of any premises. Only
approved fireline testers registered with the city are authorized
to test fireline devices.
(4)
Upon the approved installation of the DCDA or RPDA device, a cross-connection
test report completed by a fireline tester, shall be sent to the attention
of the managing director and include the information required by this
article.
(5)
Retrofitting shall be required when the water supply in a certain
area has been contaminated and the fire protection system has contributed
to the contamination and when an authority having jurisdiction to
protect the potable water supply mandates a fail-safe system.
(6)
Backflow prevention assembly testers may test and repair assemblies
on firelines only if they are permanently employed by an approved
fire sprinkler contractor. The state fire marshal’s office requires
that any person performing maintenance on firelines must be a full-time
employee of an approved fire sprinkler contractor.
(b)
Residential.
(1)
All new and existing fire protection systems which utilize the city’s
potable water supply shall have installed an approved backflow prevention
device according to the degree of hazard.
(2)
An approved double check backflow prevention assembly (DC) or reduced
pressure assembly (RP) shall be the minimum protection for the fire
sprinkler systems a (RP) must be installed if any solution other than
potable water can be introduced into the sprinkler system.
(3)
It is the responsibility of all property owners and persons in charge
of any premises to abide by the conditions of this article. In the
event of any changes to the plumbing system, it is the responsibility
of the property owners to notify the city in writing of the change.
Notification shall be sent to the attention of the managing director.
All costs associated with this article and the purchase, installation,
testing and repair of a (DC) or (RP) device is the responsibility
of the property owner and persons in charge of any premises. Only
approved fireline testers registered with the city are authorized
to test fireline devices.
(4)
Upon the approved installation of the DC or RP device, a cross-connection
test report completed by a fireline tester, shall be sent to the attention
of the managing director and include the information required by this
article.
(5)
Retrofitting on existing facilities shall be required when the water
supply in a certain area has been contaminated and the fire protection
system has contributed to the contamination and when an authority
having jurisdiction to protect the potable water supply mandates a
fail-safe system.
(6)
Backflow prevention assembly testers may test and repair assemblies
on firelines only if they are permanently employed by an approved
fire sprinkler contractor. Any person performing maintenance on firelines
must be a full-time employee of an approved fire sprinkler contractor.
(Ordinance 2014-05 adopted 2/4/14)
A double check shall be the minimum protection for fire hydrant
water meters which are being used for a temporary water supply during
any construction or other uses which would pose a potential hazard
to the public water supply.
(1)
It is the responsibility of all persons engaging in the use and rental
of a fire hydrant water meter to abide by the conditions of this article.
All fire hydrant water meter rentals shall meet the current requirements
as provided for by the city.
(2)
Only city fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used within the city limits.
(3)
A refundable deposit (see cross-connection control fees as provided in appendix A of this code) is required to insure the return of all water meters and backflow assemblies to the city. Failure to return the assemblies can result in the forfeiture of deposit and enforcement action being taken against the responsible party, as allowed for in the enforcement section in this article.
(4)
All nonapproved fire hydrant meters which are found to be in use
in the city will be confiscated and enforcement action taken against
the responsible party.
(5)
It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to ensure that the device is returned for annual testing as required by section 24.03.021 of this article.
(6)
A city test report must be completed by a recognized backflow prevention
assembly tester for each assembly tested. The signed and dated original
must be submitted to the managing director for recordkeeping purposes.
(7)
Failure to submit an annual test report can result in enforcement
action being taken against the responsible party, as allowed for in
the enforcement section of this article.
(Ordinance 2014-05 adopted 2/4/14)
The connection of a mobile unit to any potable water system
is prohibited unless such connection is protected by an air gap or
an approved backflow prevention assembly. Prior approval and annual
device testing of any backflow prevention assembly must be received
from the city before connecting to any potable water system.
(Ordinance 2014-05 adopted 2/4/14)
As a condition of water service, a customer shall install, maintain,
and operate the customer’s piping and plumbing systems in accordance
with the plumbing code provisions adopted by the city. In the event
of a conflict between this article and the plumbing code, the more
restrictive provision shall apply.
(Ordinance 2014-05 adopted 2/4/14)
It shall be the responsibility of the premises owner to eliminate
the possibility of thermal expansion, if a closed system has been
created by the installation of a backflow assembly.
(Ordinance 2014-05 adopted 2/4/14)
Any water pressure drop caused by the installation of a backflow
assembly shall be the responsibility of the premises owner and not
the city.
(Ordinance 2014-05 adopted 2/4/14)
(a)
For all landscape irrigation system installations a permit shall
be required. Such permit shall be issued by the building inspection
department. Installation requirements must comply with the current
city plumbing code or guidelines for appropriate device found in this
article.
(b)
Any irrigation system that is connected to a public or private potable
water supply must be connected through a TCEQ approved backflow prevention
method. The backflow prevention device must be approved by plumbing
code, and or as determined by the city. The backflow prevention device
must be installed in accordance with laboratory approval standards
or if the approval does not include specific installation information,
the manufacturer’s current published recommendations.
(c)
Backflow prevention devices used in applications designated as health
hazards must be tested upon installation and annually thereafter.
Before any chemical is added to an irrigation system connected to
any potable water supply, the irrigation system must be connected
through a reduced pressure principle backflow prevention assembly
or air gap.
(d)
Connection of more than one water source to an irrigation system
presents the potential for contamination of the potable water supply
if backflow occurs. Therefore, connection of any additional water
source to an irrigation system that is connected to the potable water
supply can only be done if the irrigation system is connected to the
potable water supply through a reduced pressure principle backflow
prevention assembly or an air gap.
(e)
If an irrigation system is connected to a potable water supply and
requires major maintenance, alteration, repair, or service, the system
must be connected to the potable water supply through an approved,
properly installed backflow prevention method as defined in this article
before any major maintenance, alteration, repair, or service is performed.
(f)
The irrigator shall ensure the backflow prevention device is tested
prior to being placed in service and the test results provided to
the managing director and the irrigation system’s owner or owner’s
representative within five (5) business days of testing of the backflow
prevention device.
(Ordinance 2014-05 adopted 2/4/14)
An approved backflow prevention assembly must be installed to
prevent nonpotable water from entering the potable system. All piping
that contains nonpotable water must be labeled (untreated rainwater
- do not drink) and an air gap or reduced pressure principle backflow
assembly be installed to protect the water system.
(Ordinance 2014-05 adopted 2/4/14)
A residential premises that has been determined to have an actual
or potential cross connection shall be equipped with an approved backflow
prevention assembly installed in accordance with this article. This
device can be required to be installed either at the customer meter
or at the point of use at the expense of the owner/occupant and shall
conform to the device testing requirements as provided in this article.
(Ordinance 2014-05 adopted 2/4/14)
No physical connection between the distribution system of a
public drinking water supply and that of any other water supply shall
be permitted unless the other water supply is of a safe, sanitary
quality and the interconnection is approved by the managing director.
(Ordinance 2014-05 adopted 2/4/14)
Any premises requiring multiple service connections for adequacy
of supply and/or fire protection shall have a backflow assembly on
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 2014-05 adopted 2/4/14)
(a)
A customer service inspection (CSI) is an examination of the private
water distribution facilities for the purpose of providing or denying
water service.
(b)
Permanent water service to a new facility will not be granted until
the requirements of the customer service inspection (CSI) have been
met.
(c)
Before the city provides continuous or permanent water service to
a premises, a customer service inspection for cross-connection control
shall be completed and, pursuant to rule 290.46(j) of the TCEQ rules
and regulations of public water systems. A customer service inspection
certification form shall be completed and filed with the managing
director under each of the following circumstances:
(1)
New construction.
(2)
Material improvement, correction, or addition to the private water
distribution system (defined as plumbing work that requires a permit
and involves a major modification to the private water distribution
system). The private water system refers to the facilities on the
owner’s side of the meter.
(3)
When the water managing director believes that a cross connection
or other potential contamination hazards exist. In this case, the
managing director shall notify the customer to provide justification
to the customer for requiring an inspection by specifically identifying
the threat that is believed to exist prior to discontinuation of water
service.
(Ordinance 2014-05 adopted 2/4/14)
(a)
A person who performs customer service inspections or who prepares
customer service inspection certification forms shall be registered
as a licensed customer service inspector with the city and shall meet
all the requirements of rule 290.46(j)(1) of the TCEQ rules and regulations
of public water systems for accreditation as a customer service inspector.
The public works/water utilities department conducts all customer
service inspections for the city; however, the city reserves the right
to outsource these inspections.
(b)
In order to perform the customer service inspections, the city can:
(1)
Provide a list of certified inspectors to the customer. The customer
then selects and hires an inspector;
(2)
Provide qualified employees to perform the inspections at a cost
to the customer in order to validate the inspection; or
(3)
Hire independent, qualified contractors to perform the inspections.
(Ordinance 2014-05 adopted 2/4/14)
(a)
All backflow assembly testers operating within the city shall be
licensed in accordance with all applicable regulations of TCEQ. No
person shall operate as a backflow prevention assembly tester within
the city without being annually registered with the managing director
of the city.
(b)
Persons licensed as backflow prevention assembly testers shall meet
the following requirements obtain and maintain TCEQ approved certification
as a backflow prevention assembly tester and confined-space entry
training certification.
(Ordinance 2014-05 adopted 2/4/14)
Only approved TCEQ licensed backflow prevention assembly testers
can test backflow prevention assemblies in the city.
(1)
An annual licensed backflow assembly tester registration shall remain
in effect so long as:
(A)
The tester maintains eligibility for registration and certification
as provided in this article including continued certification by the
TCEQ and timely payment of the annual registration fee.
(2)
Upon recertifying, a tester shall renew the tester’s registration
with the managing director.
(3)
An applicant for registration shall:
(A)
Demonstrate to the managing director that the applicant has available
the necessary tools and equipment to properly test backflow prevention
assemblies;
(B)
Provide evidence to the managing director that the applicant has
successfully completed “permit confined-space entry training”
as specified by the Occupational Safety and Health Administration
(29 CFR 1910.146);
(C)
Identify all test gauges the applicant will use in testing backflow
prevention assemblies. Gauges used in the testing of backflow prevention
assemblies shall be tested for accuracy annually in accordance with
the University of Southern California’s Manual of Cross-Connection
Control or the American Water Works Association Recommended Practice
for Backflow Prevention and Cross-Connection Control (Manual M14).
The city shall require testers to include test gauge serial numbers
on “test and maintenance” report forms and ensure testers
have gauges tested for accuracy; and
(4)
A registered backflow prevention assembly tester shall:
(A)
File the serial number of each of the tester’s test kits with
the managing director;
(B)
Annually have each recorded test kit tested for accuracy and calibrated
to maintain a plus or minus 2% accuracy factor;
(C)
Perform competent and accurate certifications of each backflow prevention
assembly tested and submit complete reports thereof to the managing
director;
(D)
A city test report must be completed by a recognized backflow prevention
assembly tester for each assembly tested. A verified original must
be submitted to the managing director for recordkeeping purposes within
five (5) business days either in person by US mail or via electronic
means. Faxed copies are not allowed and will not be accepted.
(E)
Utilize the approved backflow test and maintenance report form or
process; and
(F)
List registered serial numbers of test gauges on tests and maintenance
reports prior to submitting the reports to the managing director.
(5)
A registered backflow prevention assembly tester shall not change
the design or operating characteristics of a backflow prevention assembly.
(6)
After notice and hearing, the managing director may revoke a registration
if the managing director determines that the tester:
(A)
Has made false, incomplete, or inaccurate assembly testing reports;
(B)
Has used inaccurate gauges;
(C)
Has used improper testing procedures;
(D)
Is not in compliance with safety regulations;
(E)
Has failed to register the serial numbers of the tester’s test
kits or has failed to calibrate gauges annually;
(F)
Has violated any other provision of this article; or
(G)
Upon the discretion of the managing director upon notice that inappropriate
testing activities have taken place.
(Ordinance 2014-05 adopted 2/4/14)
City annual registration fee. There shall
be an annual testing registration fee for each separate backflow assembly
identified for a property. This fee applies to but is not limited
to all newly installed backflow devices, which the city may choose
to randomly, test. If upon inspection or testing of a newly installed
backflow prevention assembly, it is deemed not to be working properly,
it is the responsibility of the property owners or persons in charge
of any premises to make necessary repairs. A retest fee will be assessed
for each retest.
(Ordinance 2014-05 adopted 2/4/14)
(a)
All required backflow assemblies shall be tested upon installation
by a recognized backflow prevention assembly tester and certified
to be operating within specifications. Backflow prevention assemblies
which are installed to provide protection against health hazards must
also be tested and certified to be operating within specifications
at least annually by a recognized backflow prevention assembly tester.
(b)
All backflow prevention assemblies shall be inspected and tested
or caused to be inspected and tested by the city in each of the following
circumstances:
(c)
All assembly testing shall be performed by a state licensed backflow
prevention assembly tester, approved by the city.
(d)
Upon prior notification duly authorized employees of the city bearing
proper credentials and identification are entitled to enter any public
or private property for the purpose of enforcing this article. Persons
and occupants of the property which are provided water service by
the city, either directly or indirectly, shall allow the city or its
representative’s ready access at all reasonable times to all
parts of the property for the purpose of inspection, testing, records
examination, or in the performance of their duties. When persons or
occupants of the property have security measures in force which would
require proper identification and clearance before entry into the
property, the persons and occupants of the property shall make necessary
arrangements with their security personnel so that upon presentation
of suitable identification, personnel from the city will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
(e)
The city shall not be liable for damage to an assembly that occurs
during testing.
(f)
A water use survey may be conducted at any establishment located
in the city which is served by a public water supply or which provides
water to the public. Upon determination that the establishment falls
under the provisions of this article and requires a backflow prevention
assembly, a notice to abate the condition or to install the proper
backflow prevention assembly shall be issued.
(g)
It is the responsibility of the person who owns or controls property
to have all assemblies tested in accordance with this article. Assemblies
may be required to be tested more frequently if the city deems necessary.
(h)
All results from assembly testing by a licensed backflow prevention
assembly tester shall be placed on a form designated by the city.
Testing forms may be obtained from the city by the tester.
(Ordinance 2014-05 adopted 2/4/14)
A person who owns, operates, or manages a premises in which
a required backflow prevention assembly is installed shall maintain
such assemblies in proper working order at all times, including such
repairs as may be necessary to keep the assembly in proper working
order. The maintenance and repair of all assemblies shall be done
in accordance with the applicable regulations of the TCEQ and this
article. A backflow prevention assembly shall be maintained in a manner
that allows the assembly to be tested by a method that has been approved
by TCEQ.
(Ordinance 2014-05 adopted 2/4/14)
A backflow prevention assembly shall be installed in accordance
with the following requirements in order to ensure the proper operation
of and accessibility to the assembly:
(1)
General.
To ensure proper operation and accessibility
of all backflow prevention assemblies, the following national guideline
requirements shall apply to the installation of these assemblies.
(A)
A backflow prevention assembly shall be installed in accordance with
the current TCEQ rule and these regulations. The assembly installer
shall obtain the required plumbing permits prior to installation and
shall have the assembly inspected by the city.
(B)
At facilities which require a backflow prevention assembly to be
installed at the point of delivery of the water supply, such installation
of the assembly must be before any branch in the line, and on private
property located just inside the boundary between the city’s
right-of-way and the landowner’s property. The managing director
may authorize other areas for installation of the assembly. Assemblies
that must be installed or are located on city rights-of-way are the
responsibility of the business or entity that the water line is serving.
(C)
The assembly shall be protected from freezing and other severe weather
conditions.
(D)
All backflow prevention assemblies shall be of a type and model approved
by the managing director.
(E)
All vertical installations of backflow prevention assemblies shall
be approved in writing by the managing director prior to installation.
(F)
All assemblies installed more than four (4) feet above floor level
must have a suitable platform for use by testing or maintenance personnel.
(G)
Upon completion of the installation, the city shall be notified and
all assemblies must be inspected and tested. The premises owner shall
register all backflow assemblies with the managing director by providing
the date of installation, the manufacturer, model and serial number
of the backflow prevention assembly, and the initial test report for
the assembly.
(H)
The premises owner assumes all responsibility for any damages resulting
from installation, operation, and maintenance of a backflow assembly.
The owner shall also see that any vault in which a backflow prevention
assembly is contained is kept free of silt and debris that may interfere
with the proper operation, inspection or testing of the assembly.
(I)
Lines shall be thoroughly flushed prior to installation. A strainer
with blowout tapping may be required ahead of the assembly.
(J)
Bypass lines are prohibited. Pipefittings which could be used for
connecting a bypass line are not allowed.
(K)
Premises where an uninterrupted water supply is critical should be
provided with two assemblies installed in parallel. They should be
sized in such a manner that either assembly will provide the maximum
flow required.
(L)
All facilities that require continuous, uninterrupted water service
and are required to have a backflow assembly must make provisions
for the parallel installation of assemblies of the same type so that
testing, repair and maintenance can be performed.
(M)
All backflow prevention assemblies must be tested in accordance with
this article. Tests are the responsibility of the assembly owner.
The owner must notify the city upon installation of any backflow prevention
assembly.
(2)
Reduced pressure principle backflow prevention assemblies.
RPs may be utilized at any premises where a substance is handled
that could be hazardous to the public health if introduced into the
potable water system. The RP is normally used in locations where an
air gap is impractical. The RP shall be effective against both backsiphonage
and backpressure.
(A)
RPs must be sized to provide an adequate supply of water and pressure
for the premises being served.
(B)
No part of a reduced pressure principle backflow prevention assembly
shall be submerged in water or installed in a location subject to
flooding.
(C)
RPs are typically installed above grade in well drained areas, but
may be installed below grade (ground level) if a boresight drain to
daylight is provided. The drain shall be of adequate capacity to carry
the full rated flow of the assembly and shall be screened on both
ends.
(D)
The assembly must 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. The property
owner assumes all responsibility for any damage caused by water discharge
from an RP assembly. An approved air gap shall be located at the relief
valve orifice of RP assemblies. The 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 (1) inch.
(E)
All RP assemblies larger than two (2) inches shall have a minimum
of twelve (12) inches clearance on the back side, twenty-four (24)
inches clearance on the test cock side, and the relief valve opening
shall be at least twelve (12) inches plus nominal size of assembly
above the floor or highest possible water level. Headroom of six (6)
feet is required in vaults without a fully removable top. A minimum
access opening of twenty-four (24) inches square is required on all
vault lids. All RP assemblies two (2) inches and smaller shall have
at least a six (6) inch clearance on all sides.
(F)
Enclosures shall be designed for ready access and sized to allow
for the minimum clearances established above. Removable protective
enclosures are typically installed on the smaller assemblies. Daylight
drain ports must be provided to accommodate full pressure discharge
from the assembly.
(G)
All RPs must be tested in accordance with this article. Tests are
the responsibility of the assembly owner. The owner must notify the
city upon installation of any backflow prevention assembly.
(H)
Variances from these specifications will be evaluated on a case-by-case
basis. No deviations from this section shall be permitted without
prior written approval of the managing director.
(3)
Reduced pressure principle detector backflow prevention assemblies.
RPDAs may be utilized in all installations requiring a reduced
pressure principle backflow prevention assembly and detector metering.
(4)
Double check valve backflow prevention assemblies.
DC’s 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.
(A)
DCs must be sized to provide an adequate supply of water and pressure
for the premises being served.
(B)
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.
(C)
On premises where noninterruption of water supply is critical two
assemblies of the same type installed in parallel shall be provided.
The assemblies 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. Pipefittings that could be used for
connecting a bypass line shall not be installed.
(E)
The assembly shall be readily accessible with adequate room for testing
and maintenance. DCs may be installed below grade provided all test
cocks are fitted with brass pipe plugs. All vaults containing a DC
shall be well drained, constructed of suitable materials, and sized
to allow for the minimum clearances established below.
(F)
DC assemblies two (2) inches and smaller shall have at least a three
(3) inch clearance below and on both sides of the assembly, and if
located in a vault, the installation design must allow for drainage
to minimize the assembly being submerged. Bottom of the assembly shall
be not more than twenty-four (24) inches below grade. All DC assemblies
larger than two (2) inches shall have a minimum clearance of twelve
(12) inches on the back side, twenty-four (24) inches on the test
cock side, and twelve (12) inches below the assembly. Headroom of
six (6) feet is required in vaults without a fully removable top.
A minimum access opening of twenty-four (24) inches square is required
on all vault lids.
(G)
Vertical installations are allowed on sizes up to and including four
(4) inches that meet the following requirements:
(H)
All DCs must be tested in accordance with this article. Tests are
the responsibility of the assembly owner. The owner must notify the
city upon installation of any backflow prevention assembly.
(I)
Variances from these specifications will be evaluated on a case-by-case
basis. No deviations shall be permitted without prior written approval
of the managing director.
(5)
Double detector check valve assembly.
DCDAs may be utilized
in any installation that requires a double check valve assembly and
detector metering.
(6)
Pressure vacuum breaker assembly.
PVBs may be utilized
at point-of-use protection only and only if a substance is handled
at the premises where the assembly is installed that could be objectionable
but not hazardous to health if the substance is introduced into the
potable water system. PVBs protect against backsiphonage only and
shall not be installed where there is potential for backpressure.
(A)
The assembly shall be installed a minimum of twelve (12) inches above
the highest use outlet or overflow level downstream from the assembly.
(B)
A PVB shall not be installed in an area subject to flooding or where
damage could occur from water discharge.
(C)
The assembly shall be readily accessible for testing and maintenance,
with a minimum clearance of twelve (12) inches all around the assembly.
PVBs shall be located between twelve (12) inches and sixty (60) inches
above ground level.
(D)
All PVBs must be tested in accordance with this article. Tests are
the responsibility of the assembly owner. The owner must notify the
city upon installation of any backflow prevention assembly.
(E)
Variances from these specifications will be evaluated on a case-by-case
basis. No deviations shall be permitted without prior written approval
of the managing director.
(7)
Atmospheric vacuum breaker.
AVBs provide minimal protection
and are approved for very nonhealth hazard application only. AVBs
protect against backsiphonage only and are prohibited where there
is potential for backpressure.
(A)
The AVB assembly shall be installed a minimum of six (6) inches above
the highest use outlet or overflow level downstream from the assembly.
(B)
Shut-off valves downstream from the assembly are prohibited.
(C)
An AVB shall not be used on any application where there is more than
twelve (12) hours per day continuous use.
(D)
An AVB shall not be installed in an area subject to flooding or where
damage may occur from water discharge.
(E)
AVBs shall be allowed for point-of-use protection only, in accordance
with the plumbing code.
(8)
Air gap separation.
An air gap separation provides maximum
protection from backflow hazards and should be utilized at all locations
where “high” hazardous substances are at risk of entering
the potable water system when applicable.
(A)
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 (1) inch. If splashing may occur,
tubular screens may be attached or the supply line may be cut at a
45° angle. The air gap distance shall be measured from the bottom
of the angle. Hoses shall not be allowed.
(B)
Air gap separations shall not be altered in any way without prior
approval from the managing director and must be available for inspection
at all reasonable times.
(C)
The effective opening shall be the minimum cross-sectional area at
the seat of the control valve or the supply pipe or tubing which feeds
the assembly or outlet. If two or more lines supply one outlet, the
effective opening shall be the sum of the cross-connectional areas
of the individual supply lines or the area of the single outlet, which
is smaller.
(Ordinance 2014-05 adopted 2/4/14)
(a)
No person shall install or maintain a backflow prevention assembly
upon or within any city right-of-way except as allowed by this section.
(b)
The managing director, with the concurrence of the city engineer,
may grant with written authorization, a license to install a backflow
prevention assembly required by this article upon or within a city
right-of-way only if the owner proves to the city that there is no
other feasible location for installing the assembly, and that installing
it in the right-of-way will not interfere with traffic, utilities
or any other public use of the right-of-way (and obtains a permit
from the city). The city retains the right to approve the location,
height, depth, enclosure and other requisites of the assembly prior
to its installation.
(c)
All permits and inspections required by this code to perform work
in the right-of-way shall be obtained.
(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 backflow prevention assembly or portion of an assembly which extends
aboveground shall be located no closer than eighteen (18) inches to
the face of the curb.
(e)
The owner of a backflow prevention assembly that has been installed
upon or within a city right-of-way as provided by this section shall,
at the request of the city and at the owner’s sole expense,
relocate the assembly when such relocation is necessary for street
or utility construction or repairs or for purposes of public safety
or convenience.
(f)
The city shall not be liable for any damage done to or caused by
an assembly installed in the right-of-way.
(g)
A person commits an offense if he/she fails to relocate a backflow
prevention assembly located in or upon any city right-of-way after
receiving a written notice from the managing director.
(Ordinance 2014-05 adopted 2/4/14)
(a)
The customer to whom water service is provided at premises within
the city shall be responsible for the installation, testing, maintenance
and repair of all backflow prevention assemblies serving that customer.
The managing director may, without prior notice, suspend water service
to any premises when such suspension is necessary to prevent or stop
an actual or threatened backflow which:
(b)
As soon as is practicable after the suspension of service, the managing
director shall notify the customer of the suspension in person or
by certified mail, return receipt requested, and shall order such
person to correct the cross connection that allowed the backflow to
occur.
(c)
The managing director shall not reinstate suspended water service
until:
(1)
The customer presents proof, satisfactory to the managing director,
that the cross connection has been eliminated and its cause determined
and corrected;
(2)
The customer pays the city for all costs the city incurred in responding
to the backflow or threatened backflow; and
(3)
The customer pays the city for all costs the city will incur in reinstating
service.
(d)
Failure on the part of a customer to discontinue the use of a cross
connection and to physically separate a cross connection is sufficient
cause for the immediate discontinuance of public water service to
the premises.
(e)
A customer whose service has been suspended may appeal such suspension
to the managing director, in writing, within ten working days of notice
of the suspension.
(f)
A person commits an offense if the person, without the prior written
approval of the managing director, reinstates water service to a premises
for which water service has been suspended pursuant to this section.
(Ordinance 2014-05 adopted 2/4/14)
(a)
The managing director may terminate, after written notice and opportunity
for a hearing, the water service of any customer who:
(1)
Fails or refuses to install a reduced pressure principle assembly
when required by this article;
(2)
Fails or refuses to install and maintain backflow prevention assemblies
in compliance with this article; or
(3)
Fails or refuses to install, maintain, and operate the customer’s
piping and plumbing systems in accordance with the plumbing code.
(b)
The managing director shall notify the customer of the proposed termination
of water service at least ten working days before the proposed termination.
The customer may request a hearing on the proposed termination by
filing a written request for a hearing with the managing director
not more than ten (10) days after receipt of notice of the proposed
termination.
(c)
If water service is terminated, the managing director shall not reinstate
water service until:
(Ordinance 2014-05 adopted 2/4/14)
(a)
A commercial water service customer may, in lieu of the mandatory
installation of a backflow prevention assembly, provide the city access
during reasonable business hours to the customer’s premises
for the purpose of determining compliance with the provisions of this
article. Such access shall be unobstructed and safely accessible.
(b)
A commercial water service customer who fails or refuses to provide
the optional access shall install and maintain a reduced pressure
principle assembly at the water service connection to the premises.
(Ordinance 2014-05 adopted 2/4/14)
(a)
This article shall be enforced by the managing director or the manager’s
designated representatives or employees.
(b)
The city shall inspect and initially test, or cause to be tested,
all backflow prevention assemblies installed pursuant to the requirements
of this article. For new facilities, permanent water service shall
not be provided until all backflow prevention assemblies have been
tested and are operational. Except in cases where the testing of backflow
prevention assemblies must be delayed until the installation of internal
production or auxiliary equipment, the city shall not approve a certificate
of occupancy until all backflow prevention assemblies have been tested
and are operational and all assembly test reports have been turned
in to the managing director. The city shall not be liable for damage
caused to any backflow prevention assembly as a result of the inspection
or testing.
(c)
Violations.
(1)
A person commits an offense if there is failure to maintain backflow
prevention assemblies in compliance with this section.
(2)
A person commits an offense if there is failure to comply with a
repair order issued by the city.
(3)
A person commits an offense if backflow from premises owned, operated
or managed by the person enters the public water supply system.
(4)
A person commits an offense if there is a failure to pay any fees
required by this article.
(5)
A person commits an offense by violating any section of this article.
(6)
A person commits an offense if discontinued or disconnected water
service to premises under this article is reinstated except as directed
by the city.
(7)
A person in charge of any facility commits an offense by allowing
an unregistered tester to perform testing work at their establishment.
(8)
A person commits an offense by testing backflow prevention assembly
within the city without being registered with the city.
(9)
A person commits an offense by testing backflow prevention assembly
within the city without being licensed by the TCEQ.
(10)
Using nonapproved fire hydrant meters.
(11)
Testing fireline backflow devices without the proper license as stated
in the Texas Insurance Code Ordinance 5.43-3 Fire Protection Sprinkler
Systems and 28 TAC section 34.700 the fire sprinkler rules.
(d)
Penalty.
(1)
A person who violates any provision of this article is guilty of
a misdemeanor and upon conviction is punishable as set forth in city’s
code enforcement ordinance, for each act of violation and for each
day or part of a day during which the violation is committed, continued
or permitted.
(2)
In addition to proceeding under the authority of this section, the
city is entitled to pursue all other criminal and civil remedies to
which is entitled under authority of statutes or other ordinances
against a person committing any violation of this article including
injunction and civil penalties.
(e)
Sanction for failure to pay inspection fees, in addition to sanctions
provided for by this article, the city is entitled to exercise sanctions
provided for by other ordinances of the city.
(f)
A licensed tester’s registration may be reviewed and revoked
by the city if it is determined that the tester:
(Ordinance 2014-05 adopted 2/4/14)
