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)
