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 current edition of Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.
Air Gap.
Means a physical separation between the free flowing discharge end of a potable water supply, piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device, but in no case less than 1 inch.
Approved Backflow Prevention Assembly or Backfow Assembly or Assembly.
Means an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by USC Foundation for Cross Connection Control and Hydraulic Research.
Auxiliary Supply.
Means any water source or system other than the public water system that may be available in the building or on the property.
Backflow.
Means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city.
Backpressure.
Means any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source.
Backsiphonage.
Means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any other source other than its intended source caused by a sudden reduction of pressure in the potable water supply system.
Boresight or Boresight to Daylight.
Means providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe.
City.
Means City of DeSoto.
City Manager.
Means the city manager of the City of DeSoto or designee.
Contamination.
Means the entry into or presence in a public water supply system of any substance that may be deleterious to health and/or quality of water.
Cross Connection.
Means any physical arrangement where a potable water supply is connected, directly or indirectly (actual or potential), with any other non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioner unit, 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 changeover assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections.
Cross Connection Control Inspector.
Means an individual who has fulfilled the requirements set out in TNRCC Rules and Regulations for Public Water Systems, paragraph 290.46 (o) and is recognized by the City of DeSoto.
Customer Service Inspector or CSI.
Means an individual who has fulfilled the requirements set out in TNRCC Rules and Regulations for Public Water Systems, paragraph 290.46 (j) and is recognized by the City of DeSoto.
Degree of Hazard.
Means the low or high hazard classification that shall be attached to all actual or potential cross connections.
Double Check Valve Backflow Prevention Assembly or Double Check Assembly or Double Check.
Means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness.
Health Hazard.
Means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health.
High Hazard.
Means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.
Low Hazard.
Means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable but not hazardous to one's health to backflow into the potable water supply.
Mobile Unit.
Means any vehicle, tank or trailer which uses water from the city's public water supply and which may have the potential to introduce contaminants or pollutants into a potable water system. They include, but are not limited to, carpet cleaning vehicles, water-hauling vehicles, landscape/lawn care vehicles, pest-control vehicles, and portable power washers.
Plumbing Code.
Means the current adopted plumbing code and amendments as currently adopted by the city council of the city.
Plumbing Hazard.
Means an internal or plumbing-type cross connection in a consumer's potable water system that may be either a pollutional or a contamination-type hazard.
Plumbing Inspector.
Means a person that is a licensed plumbing inspector recognized by the City of DeSoto.
Point-of-Use Isolation.
Means the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross connection exists.
Pollutional Hazard.
Means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
Potable Water Supply.
Means any water supply intended or used for human consumption or other domestic use.
Premises.
Means any piece of property to which water is provided, including all improvements, mobile structures, and structures located on it.
Premises Isolation.
Means the appropriate backflow prevention at the service connection between the public water system and the water user.
Pressure Vacuum Breaker Assembly or PVBA or PVB.
Means an assembly consisting of a spring-loaded check valve loaded to the closed position and an independently-operating air inlet valve loaded to the open position, and installed as a unit with and between two shut-off valves and with suitable connection for testing.
Public Water System or System.
Means any public or privately owned water system which supplies water for public domestic use. The system must meet all the health requirements set forth by the TNRCC. The system will include all services, reservoirs, facilities and any equipment used in the process of producing, treating, storing or conveying water for public consumption.
Reduced Pressure Principle Backflow Prevention Assembly or Reduced Pressure Principle Assembly or RP Assembly or RP.
Means an assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly.
Residential Use.
Shall mean and include single family dwellings, duplexes, multiplex housing and apartments where the individual units are each on a separate meter or in cases where two or more units are served by one meter.
Nonresidential Uses.
Shall mean and include all uses not specifically included in "residential uses" defined above.
Service Connection.
Means the point of delivery at which the public water system connects to the private supply line or lateral.
System Hazard.
Means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.
Tester.
Means a person that has met all TNRCC requirements to be a certified backflow prevention assembly technician.
A general tester is qualified to test backflow prevention assemblies, except on firelines.
A fireline tester is qualified to test backflow prevention assemblies on firelines only. The state fire marshal's office requires that a person performing maintenance on firelines must be employed by an approved fireline contractor.
Thermal Expansion.
Means the increase in pressure caused by the heating or rise in the temperature of water. When a system becomes dosed due to the installation of a backflow assembly, this problem can be acute.
TNRCC.
Means Texas Natural Resource Conservation Commission.
Used Water.
Means water supplied by a public water system to a water user's system after it has passed through the service connection.
(Ordinance 1370 adopted 8/15/00)
Pursuant to Title 30, Texas Administrative Code, Section 290.44 and 290.46, it is the responsibility of the city to protect its drinking water supply by instituting and enforcing a cross connection program. The purpose of this article, therefore, is to comply with the above cited regulatory requirements and to protect the water supply of the city from contamination or pollution due to any cross connections.
(Ordinance 1370 adopted 8/15/00)
The city shall determine the type and location of 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 required installation of an assembly is in no way limited to the following circumstances:
(1) 
When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises could contaminate or pollute the potable water supply.
(2) 
When a premises has one or more cross connections as the term is defined in Section 13.1101, paragraph (10).
(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 premise is restricted so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist.
(7) 
When materials are being used such that if backflow should occur, a health hazard could result.
(8) 
When installation of an approved backflow prevention assembly is deemed by the city to be necessary to accomplish the purpose of these regulations.
(9) 
When an appropriate cross connection survey report form has not been filed with the city manager.
(10) 
All new commercial and industrial construction will be required to install a backflow assembly at the meter if it has been determined by the city inspector that an actual or potential cross connection exists.
(11) 
An approved backflow assembly will be required to be installed at the service connection of residential services if it has been determined that an actual or potential cross connection exists.
(12) 
When a building is constructed on commercial premises and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.
(13) 
Any used water return system that has received approval from the city manager or his designee.
(14) 
If additions or rearrangements have been made to the plumbing system without the proper permits as required by the city's current plumbing code, premises isolation shall be required.
(15) 
All multistory buildings or any building with a booster pump or elevated storage tank.
(16) 
All existing "system hazards" or similar connections as determined by the city.
(17) 
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 the potable water can be introduced into the sprinkler system. Retrofitting shall be required on all high hazard systems where improper maintenance has occurred and wherever an inspector deems necessary.
(18) 
All lawn irrigation systems, commercial and industrial, will have a pressure vacuum breaker. An RP assembly will be required if any solution or any other source of supply is used or if it is deemed necessary by an inspector.
(19) 
All auxiliary water supplies.
(Ordinance 1370 adopted 8/15/00)
(a) 
A person who owns or operates any vehicle that uses water from the city's public water system shall obtain a use permit from the city manager before accessing the public water system. The city manager may require a fixed air gap or a backflow assembly commensurate with the degree of hazard mounted either on the vehicle or piping.
(b) 
The failure of the owner or operator of the vehicle to comply with this article shall be grounds for the city to revoke any permit or license required under this code to operate the vehicle or the business for which such vehicle is used.
(c) 
The city manager may deny a permit to any person who is not in compliance with this article or who has a history of violating the requirements of this section.
(d) 
All assemblies used to protect the water supply when using a mobile unit must abide by the maintenance and testing sections of this article.
(Ordinance 1370 adopted 8/15/00)
Any premises requiring multiple service connections for adequacy of supply shall have a backflow assembly at each service connection to that premise. Each assembly shall be commensurate with the degree of the highest potential hazard on that premise.
(Ordinance 1370 adopted 8/15/00)
As a condition of water service, customers shall install, maintain and operate their piping and plumbing systems in accordance with the plumbing code. If there is a conflict between this article and the plumbing code, the more restrictive provision shall apply.
(Ordinance 1370 adopted 8/15/00)
It is the responsibility of the property owner to eliminate the possibility of thermal expansion if a closed system has been created by the installation of a backflow assembly.
(Ordinance 1370 adopted 8/15/00)
Any water pressure drop caused by the installation of a backflow assembly shall not be the responsibility of the city. The city may give reasonable assistance to a property owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows.
(Ordinance 1370 adopted 8/15/00)
(a) 
Pursuant to TNRCC Water Supply Regulations, Section 290.460, a customer service inspection for cross connection control shall be completed by the city prior to providing continuous water service in each of the following circumstances:
(1) 
Water service to a newly constructed facility or previously existing premises.
(2) 
After any material improvements to building(s) or premises.
(3) 
Any correction or addition to the plumbing or any facility or premises served by the public water system of the city.
(4) 
The regulatory authority deems it necessary.
(b) 
Permanent water service shall not be supplied to a new construction facility(ies) until after the customer service inspection is completed.
(Ordinance 1370 adopted 8/15/00)
Inspectors performing cross connection control duties within the city must be approved by the city manager and shall meet the following requirements:
(1) 
Be employed by or under contract with the city; and
(2) 
Who meets the definition of either a cross connection inspector or customer service inspector in Section 13.1101 of this article.
(Ordinance 1370 adopted 8/15/00)
(a) 
All backflow assembly testers operating within the city shall be certified in accordance with all applicable regulations of TNRCC. No person shall operate as a backflow prevention assembly tester within the city without first being annually registered with the city manager of the city.
(b) 
At the time of registration, renewal, or upon the city manager's request, each person certified as a backflow prevention assembly tester shall furnish evidence to show that he/she is insured and bonded to perform services on private property, and has all required licenses.
(c) 
Persons certified as backflow prevention assembly testers shall meet the following requirements:
(1) 
Hold a TNRCC-approved certification;
(2) 
Receive confined space entry training certification;
(3) 
Provide evidence to the city manager to establish that the applicant has available the necessary tools and equipment to properly test backflow prevention assemblies;
(4) 
Submit a list identifying all test gauges by the name of the manufacturer, model number, and the serial numbers of each gauge that will be used in testing backflow prevention assemblies;
(5) 
Maintain general commercial liability insurance and automobile insurance in the minimum amounts required by state law or the city, whichever is greater; and
(6) 
Pay a registration fee to the city set forth in Appendix A to this code.
(Ordinance 1370 adopted 8/15/00)
(a) 
No certified backflow assembly tester shall operate within the city without first registering with the city manager.
(b) 
A registration shall remain in effect provided:
(1) 
The tester maintains eligibility for registration and certification as that is defined in this article.
(2) 
Registration is not revoked by the city manager.
(c) 
Upon recertifying, a tester shall renew his/her registration with the city manager or his designee. If a certification remains expired for a period of one year, the tester shall reestablish registration eligibility.
(d) 
A registered backflow prevention assembly tester shall:
(1) 
Annually have each recorded test kit tested for accuracy and calibrated according to TNRCC regulations, and submit a copy of the test results at the time of registration or renewal.
(2) 
Perform competent and accurate certifications of each backflow prevention assembly tested and shall submit complete reports thereof to the city manager.
(3) 
List registered serial numbers of test gauges on tests and maintenance reports prior to submitting them to the city manager.
(4) 
Shall not change the design or operational characteristics of a backflow prevention assembly.
(5) 
All testers shall provide the city with 24 hours notice prior to any testing within the city.
(6) 
A copy of test results shall be submitted to the city within 15 days of testing.
(7) 
Provide a copy of the completed test report to the property owners and/or persons in charge of the premises within 30 days.
(8) 
Maintain testing and/or repair records for a minimum of three years.
(e) 
After notice and hearing, the city manager may revoke a registration if the city manager determines that the tester:
(1) 
Has made false, incomplete, or inaccurate assembly testing reports;
(2) 
Has used inaccurate gauges;
(3) 
Has used improper testing procedures;
(4) 
Has expired insurance;
(5) 
Is not in compliance with safety regulations;
(6) 
Has failed to submit the required information on his/her test kits or failed to calibrate gauges annually as required by subsection (5) above; or
(7) 
Has violated any other provisions of this article.
(Ordinance 1370 adopted 8/15/00)
The cost of complying with these regulations shall be the responsibility of the property owners and/or their lessees. These costs include, but are not limited to, purchasing, installation, testing and repair of the assembly. These costs shall include point-of-use and premises isolation assemblies. Any cost incurred by the city to enforce this article is the responsibility of the property owners and/or lessees.
(Ordinance 1370 adopted 8/15/00)
(a) 
The city manager will inspect and test, or cause to be inspected and tested, all assemblies in each of the following circumstances:
(1) 
immediately after installation;
(2) 
a minimum of once a year for all reduced pressure principle assemblies;
(3) 
immediately after repair;
(4) 
any premises that has RP assemblies as point-of-use protection without high hazard premises isolation protection must be tested every six months;
(5) 
whenever the assembly is moved.
(b) 
Assemblies may be required to be tested more frequently if the city manager deems it to be necessary.
(c) 
All assembly testing shall be performed by a certified and registered backflow prevention assembly tester, in accordance with TNRCC-approved test procedures.
(d) 
It is the responsibility of the property owner to have all assemblies tested in accordance with this article.
(e) 
The city shall not be liable for damage to an assembly that occurs during testing.
(Ordinance 1370 adopted 8/15/00)
(a) 
A person who owns, operates or manages premises in which required backflow prevention assemblies are installed, shall maintain such assemblies in proper working order at all times, including repair as required. All maintenance and repair of assemblies shall be done in accordance with all applicable regulations of the TNRCC and this article.
(b) 
Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by TNRCC.
(Ordinance 1370 adopted 8/15/00)
Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility:
(1) 
Backflow prevention assemblies shall be installed in accordance with all codes recognized by the city and this article. The assembly installer shall obtain the required plumbing permits prior to installation and shall have the assembly inspected by a certified cross connection inspector and as required by the plumbing code.
(2) 
No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If a double check valve assembly is installed in a vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided.
(3) 
Assemblies shall be installed at the point of delivery of the water supply before any branch in the line and on private property located just outside the boundary of the city's right-of-way. An inspector may specify other areas for installation of the assembly.
(4) 
The assembly shall be protected from freezing and other severe weather conditions.
(5) 
All backflow prevention assemblies shall be of a type and model approved by the city.
(6) 
All vertical installations shall be approved in writing by the city manager prior to installation.
(7) 
The assembly shall be readily accessible with adequate room for maintenance and testing.
(8) 
All assemblies shall be sized to provide an adequate supply of water and pressure for the premises being served.
(9) 
If an assembly is installed pursuant to subsection (8), and is 4 inches or larger and is installed 5 feet or higher above the floor, it shall be equipped with a rigidly and permanently installed platform with fixed access. This installation shall also meet all applicable requirements set out by the U.S. Occupational Safety and Health Act and the State of Texas occupational safety and health laws.
(10) 
The property owner shall register all backflow assemblies with the city manager. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test reports.
(11) 
Assemblies installed more than 5 feet above floor level shall have a suitable platform for use by testing or maintenance personnel.
(12) 
Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly.
(13) 
The property owner assumes all responsibility for leaks and damage. The owner shall also see that any vault is kept reasonably free of silt and debris.
(14) 
All assemblies shall be tested in accordance with this article.
(15) 
Variance from these specifications will be evaluated on a case-by-case basis at the discretion of the plumbing inspector.
(Ordinance 1370 adopted 8/15/00)
All RP assemblies will be tested in each of the following circumstances immediately upon installation, after repair and annually:
(1) 
RP's shall be utilized at premises where a substance is handled that would be hazardous to the public health if introduced into the potable water system. An RP is normally used in locations where an air gap is impractical. An RP is effective against both backsiphonage and backpressure.
(2) 
Premises where non-interruption of water supply is critical shall be provided with two assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required.
(3) 
Bypass lines are prohibited. Pipefittings which could be used for connecting a bypass line shall not be installed.
(4) 
The assembly shall be readily accessible for testing and maintenance and shall be located in an area where water damage to buildings or furnishings will not occur from relief valve discharge. An approved air gap funnel assembly may be used to direct minor discharges away from the assembly; this assembly will not control flow in a continuous relief situation. Drain lines shall be sized to accommodate full relief valve discharge flow should be considered.
(5) 
Enclosures shall be designed for ready access and sized to allow for the minimum clearance established below. Daylight drain ports shall be provided to accommodate full pressure discharge from the assembly.
(6) 
All assemblies larger than 2 inches shall have a minimum of 12 inches on the back side, 24 inches on the test cock side, and the relief opening shall be at least 12 inches plus nominal size of assembly above the floor or highest possible water level. Headroom of 6 feet is required in vaults without a fully removable top. A minimum access opening of 24 inches square is required on all vault lids. All assemblies 2 inches and smaller shall have at least a 6 inch clearance on all sides.
(7) 
RP assemblies may be installed in a vault only if relief discharge can be drained to daylight through a boresight type drain. The drain shall be adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends.
(8) 
An approved air gap shall be located at the relief valve orifice of RP assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than 1 inch.
(Ordinance 1370 adopted 8/15/00)
(a) 
Double check valve assemblies may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system.
(b) 
Premises where non-interruption of water supply is critical shall be provided with two assemblies of the same type installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required.
(c) 
Bypass lines are prohibited. Pipefittings which could be used for connecting a bypass line shall not be installed.
(d) 
The assembly shall be readily accessible with adequate room for testing and maintenance. DC's may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials and sized to allow for the minimum clearances established below.
(e) 
Assemblies 2 inches and smaller shall have at least a 3 inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than 24 inches below grade. All assemblies larger than 2 inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, and 12 inches below the assembly. Headroom of 6 feet is required in vaults without a fully removable top. A minimum access opening of 24 inches square is required on all vault lids.
(f) 
Vertical installations are allowed on sizes up to and including four (4) inches that meet the following requirements:
(1) 
Internally spring-loaded check valves;
(2) 
Flow is upward through assembly;
(3) 
Manufacturer states their assembly can be used in a vertical position; and
(4) 
Approved by the city manager or his designee.
(Ordinance 1370 adopted 8/15/00)
Double detector check valve assemblies may be utilized in all installations requiring a double check valve assembly and detector metering. DDC's shall comply with the installation requirements applicable for double check valve assemblies (DC's).
(Ordinance 1370 adopted 8/15/00)
(a) 
PVB's may be utilized for point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVB's protect against backsiphonage only and shall not be installed where there is potential for backpressure.
(b) 
The assembly shall be installed a minimum of 12 inches above the highest use outlet or overflow level downstream from the assembly.
(c) 
PVB's shall not be installed in an area subject to flooding or where damage would occur from water discharge.
(d) 
The assembly shall be readily accessible for testing and maintenance with a minimum clearance of 12 inches all around the assembly.
(e) 
PVB's shall be located between 12 inches and 60 inches above ground level. Installations that are required to be located between 24 inches and 60 inches above ground level must be adequately supported.
(f) 
A strainer with blowout tapping may be required ahead of the assembly.
(Ordinance 1370 adopted 8/15/00)
(a) 
AVBs provide minimal protection and are approved for very low hazard application only. AVBs protect against backsiphonage only and are prohibited where there is potential for backptessure.
(b) 
The assembly shall be installed a minimum of 6 inches above the highest use outlet or overflow level downstream from the assembly.
(c) 
Valves downstream from the assembly are prohibited.
(d) 
AVBs shall be allowed only for those applications where there is less than 12 hours per day continuous use.
(e) 
AVBs shall not be installed in an area subject to flooding or where damage may occur from water discharge.
(f) 
AVBs shall be allowed for point-of-use protection only in accordance with the plumbing code. AVBs, in some installations, may not be recognized as adequate protection by the cross connection control inspector, so additional protection will be required.
(Ordinance 1370 adopted 8/15/00)
(a) 
Air gap separations provide maximum protection from backflow hazards and may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system.
(b) 
An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel, but in no case less than 1 inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45° angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed.
(c) 
Air gap separations shall not be altered in any way and shall be available for inspection at all reasonable times.
(d) 
Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening at a distance greater than three times the diameter of the effective opening for a single or a distance greater than four times the effective opening for two intersecting walls.
(e) 
In cases where there are three or more side walls, ribs or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than as specified in subsection (d) above, the air gap shall be measured from the top of the wall.
(f) 
The effective opening shall be the minimum cross-sectional area at the seat of the control valve 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-sectional areas of the individual supply lines or the single outlet, whichever is smaller.
(Ordinance 1370 adopted 8/15/00)
It is the responsibility of all property owners and lessees to abide by the conditions of this article. The owner of leased or rented premises is responsible for the installation, testing and repair of all backflow assemblies on the premises.
(Ordinance 1370 adopted 8/15/00)
(a) 
Every person provided water service by the city directly or indirectly shall, during the hours of 8:00 a.m. through 5:00 p.m., permit the city manager to enter their premises and buildings for the purpose of inspecting pipes and fixtures and the manner in which the water is used to determine compliance with this article.
(b) 
If any water user refused access to his premises for inspection by an inspector, the water user shall install a reduced pressure principle assembly at the service connection to the premises.
(c) 
Any temporary or permanent obstruction to safe and easy access to the premises to be inspected shall be promptly removed by the water user at the written or verbal request of the city manager and shall not be replaced. The cost of clearing such access shall be borne by the user.
(Ordinance 1370 adopted 8/15/00)
(a) 
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided by this section.
(b) 
A backflow prevention assembly required by this article may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure and other requisites of the assembly prior to its installation.
(c) 
A property owner shall, at the request of the city and at the owner's sole expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety.
(d) 
All city codes relevant to easement issues will be recognized by this article.
(e) 
The city shall not be liable for any damage done to or caused by an assembly installed in a right-of-way.
(f) 
All permits and inspections required by the city to perform work in the right-of-way shall be obtained prior to any such work.
(Ordinance 1370 adopted 8/15/00)
All city and local permits and plumbing code permits which are required by the city must be met and maintained to meet the requirements of this article.
(Ordinance 1370 adopted 8/15/00)
(a) 
The city manager is hereby authorized to enforce the provisions of this article by any one or more of the enforcement mechanisms set forth in this article.
(b) 
The inspectors, agents, or representatives of the city charged with enforcement of this article shall be deemed to be performing a governmental function for the benefit of the general public and neither the city, the city manager, nor the individual inspector, agent or representative of the city engaged in inspection or endorsement activities under this article when acting in good faith and without malice shall ever be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function.
(c) 
Failure on the part of any customer to discontinue the use of all cross connections and to physically separate cross connections or install or maintain a backflow prevention assembly is sufficient cause for the immediate discontinuance of public water service to the premises.
(d) 
Failure on the part of any customer (property owner or lessee) to bring his property into compliance with this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed the maximum allowable by law. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(e) 
Any person who has knowingly made any false statement, representation or certification in any application, record, report, plan or other documentation filed, or required to be maintained pursuant to this article or any order issued under it, or who has falsified, tampered with or knowingly rendered inaccurate any monitoring device or method required under this article shall upon conviction, shall be fined as provided by this code.
(f) 
A person is criminally responsible for a violation of this article if the person:
(1) 
Commits or assists in the commission of a violation; or
(2) 
Is a property owner, tenant, lessee, permittee or other person in control of the premises determined to be the source of a violation.
(Ordinance 1370 adopted 8/15/00)
(a) 
The city manager may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which:
(1) 
presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
(2) 
presents or may present imminent and substantial danger to the city's public water supply.
(b) 
As soon as is practicable after the suspension of service, the city manager shall notify the owner or person in charge of the premises of the suspension in person or by certified mail, return receipt requested and shall order such person to correct the cross connection which allowed the backflow to occur. When time permits, the city manager should also notify the owner or person in charge prior to suspending water service.
(c) 
If the person fails to comply with an order issued under subsection (b), the city manager may take such steps as the city manager deems necessary to prevent or minimize damage to the public water supply or to minimize danger to persons.
(d) 
The city manager shall not reinstate suspended service until:
(1) 
The person presents proof, satisfactory to the city manager, that the backflow has been eliminated and its cause determined and corrected;
(2) 
The person pays the city for all costs the city incurred in responding to the backflow or threatened backflow; and
(3) 
The person pays the city for all costs the city will incur in reinstating service.
(e) 
A person whose service has been suspended may appeal such enforcement action to the city manager in writing within ten days of notice of the suspension.
(f) 
A person commits an offense if the person reinstates water service to premises suspended pursuant to this section without the prior approval of the city manager.
(g) 
The remedies provided by this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
(Ordinance 1370 adopted 8/15/00)
(a) 
The city manager may terminate the city provided water supply of any water user who violates the following conditions:
(1) 
Refusing the city manager reasonable access to the water user's premises for the purposes of inspection;
(2) 
Hindering or denying the city manager access to backflow prevention assemblies;
(3) 
Failing to install a reduced pressure principle assembly as required by Section 13.1103;
(4) 
Failing to install and maintain backflow prevention assemblies in compliance with this article; or
(5) 
Failing to install, maintain, and operate his piping and plumbing systems in accordance with the plumbing code.
(b) 
The city manager will notify a water user of the proposed termination of his water supply. The water user may petition the city manager or his designee for a reconsideration and hearing within ten (10) days of service termination.
(c) 
Exercise of this enforcement option by the city manager shall not be a bar to, nor a prerequisite for, taking any other action against the water user.
(d) 
The city manager shall not reinstate suspended services until:
(1) 
The person presents proof, satisfactory to the city manager, that the backflow has been eliminated and its cause determined and corrected; and
(2) 
The person pays the city for all costs the city will incur in reinstating service.
(Ordinance 1370 adopted 8/15/00)
The standard detail for reduced pressure principle large assembly, relief valve discharge rates, strainers, reduced pressure principle small assembly, double check large valve assembly, double check detector assembly, pressure vacuum breaker, atmospheric vacuum breaker, and air gap separation are set forth in the illustrations to this article.
(Ordinance 1370 adopted 8/15/00)
(a) 
The remedies provided for in this article are not exclusive of any other remedies that the city may have under state or federal law or other city regulations. The city may take any, all or any combination of these actions against a violator.
(b) 
The city may take more than one (1) enforcement action against any violator. These actions may be taken concurrently.
(Ordinance 1370 adopted 8/15/00)