Pursuant to title 30, Texas Administrative Code, section 290.44,
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 822 adopted 3/14/06; 2004 Code, sec. 13.1001)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated. If a word or term in this article is not contained
in the following list, it shall have the definition provided for such
word or term in the latest edition of the Manual of Cross-Connection
Control published by the Foundation for Cross-Connection Control and
Hydraulic Research, University of Southern California.
Air gap.
The vertical physical separation between the free-flowing
discharge end of the potable water supply line and the overflow rim
of the receiving vessel. The separation must be at least twice the
inside diameter of the supply line, but never less than one inch.
When located near walls, the air gap separation must be increased.
Atmospheric vacuum breaker (AVB).
A device which contains a flat check (poppet), a check seat,
and an air inlet vent. When water pressure is reduced to a gauge pressure
of zero (0) or below, air enters the device, preventing backsiphonage.
It is designed to protect against backsiphonage only.
Auxiliary supply.
Any water source or system other than the public water system
that may be available in the building or on the property.
(1)
Approved
means an auxiliary water supply which has been investigated
and approved by the health authority, meets water quality regulations,
and is accepted by the water purveyor.
(2)
Unapproved
means an auxiliary water supply which is not approved by
the health authority.
Backflow.
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’s water.
Backflow prevention assembly tester.
A person who has met all of the requirements of TCEQ to be
recognized as a certified tester in the state and is registered with
the city. Only a certified tester who is employed by a state-approved
fire line contractor shall test fire line assemblies.
Combination protection.
There is an assembly installed for point-of-use isolation
in addition to a premises isolation assembly.
Contamination protection.
The entry into or presence in a public water supply system
of any substance that may be deleterious to health and/or quality
of the water.
Cross-connection.
Any physical arrangement where a potable water supply is
connected, directly or indirectly (actual or potential), with any
other nonpotable 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 change-over assemblies, or other temporary
or permanent [devices] through which, or because of which, backflow
may occur are considered to be cross-connections.
Customer service inspector (CSI).
A individual who has fulfilled the requirements set out in
the TCEQ Rules and Regulations for Public Water Systems, paragraph
290.46(j)(1), or as amended.
Degree of hazard.
The low or high hazard classification that shall be [assigned]
to all actual or potential cross-connections.
Designated lateral.
The piping which takes water from the main service line for
a stipulated purpose. For example, but not limited to, irrigation
systems, fire systems, etc.
Director.
The director of public works of the city.
Double check detector assembly (DCDA).
An approved assembly consisting of two approved double check
valve assemblies, set in parallel, equipped with a meter on the bypass
line to detect small amounts of water leakage or use. This unit must
by purchased as a complete assembly. The assembly may be allowed on
fire line water services in place of an approved double check valve
assembly upon approval by the local water authority.
Health hazard.
An actual or potential threat of contamination of a physical
or toxic nature to the public potable water system or the consumer’s
potable water system that would be a danger to health.
High hazard.
The classification assigned to an actual or potential cross-connection
that potentially could allow a substance that may cause illness or
death to backflow into the potable water supply.
Inspector.
A person that is a cross-connection inspector recognized
by the city.
Low hazard.
The classification assigned to an actual or potential cross-connection
that potentially could allow a substance that may be objectionable
but not hazardous to one’s health to backflow into the potable
water supply.
Main lateral.
The piping which takes water from the main service line to
the premises for potable use.
Mobile unit.
Units connected to the water system through a hydrant, hose
bib, or other appurtenance of a permanent nature that is part of the
city water system or a permanent water service to a premises. Examples
can include but are not limited to the following: water trucks, pesticide
applicator vehicles, chemical mixing units or tanks, waste or septage
haulers’ trucks or units or tanks, waste or seepage haulers’
trucks or units, sewer cleaning equipment, carpet or steam cleaning
equipment other than homeowner use, rock quarry or asphalt/concrete
batch plants, or any other mobile equipment or vessel. Uses that are
excluded from this definition are recreational vehicles at assigned
sites or parked in accordance with other ordinances pertaining to
recreational vehicles, and homeowner devices that are used by the
property owner in accordance with other provisions of this article
or other city ordinances pertaining to provision of water service
to a premises.
Person.
A natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture stock
company or association, and other such entity.
Plumbing hazard.
An internal or plumbing-type cross-connection in a consumer’s
potable water system that may be either a pollution or a contamination
type hazard.
Point-of-use isolation.
The appropriate backflow prevention within the consumer’s
water system at the point at which the actual or potential cross-connection
exists.
Pollution hazard.
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.
Any water that has been tested as required by the state regulations
for drinking water supplies and is considered safe for human consumption.
Premises.
Any piece of property to which water is provided, including
all improvements, mobile structures, and structures located on it.
Pressure vacuum breaker assembly.
An approved 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 (2) resilient seated shutoff valves and with
suitable connections for testing. It is designed to protect against
backsiphonage only.
Public water system or system.
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 TCEQ. The system will include all services,
reservoirs, facilities, and any equipment used in the process of producing,
treating, storing, or convoying water for public consumption.
Reduced pressure detector assembly or RPDA.
An approved assembly consisting of two approved reduced pressure
backflow assemblies, set in parallel, equipped with a meter on the
bypass line to monitor small amounts of water leakage or use. This
unit must be purchased as a complete assembly. The assembly may be
allowed on fire line water services in place of an approved reduced
pressure backflow assembly, upon approval by the local water purveyor.
Residential use.
Includes single-family dwellings, duplexes, multiplex housing,
and apartments where the individual units are each on a separate meter
or, in cases where two (2) or more units are served by one (1) meter,
the units are full-time dwellings. Nonresidential use shall include,
but is not limited to, all uses not specifically included in residential
uses defined above.
Service connection.
The point of delivery at which the public water system ends
and is connected to the private supply line or lateral.
Spill resistant vacuum breaker.
An assembly containing an independently operating, internally
loaded check valve, and an independently operating, loaded air-inlet
valve, located on the discharge side of the check valve. The assembly
is to be equipped with a properly located, resilient, seated test
cock, a properly located bleed/vent valve, and a tightly closing,
resilient, seated shutoff valve attached at each end of the assembly.
This assembly is designed to protect against a non-health hazard (i.e.,
pollutant) or health hazard (i.e., contaminant) under a backsiphonage
condition only.
System hazard.
An actual or potential threat of severe danger to the physical
properties of the public or consumer’s potable water supply,
or of a pollution or contamination that would have a detrimental effect
on the quality of the potable water in the system.
TCEQ.
The state commission on environmental quality.
Used water.
Water supplied by a public water system to a water user’s
system after it has passed through the service connection.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1002)
A cross-connection inspector or customer service inspector,
employed by or contracted with the city, shall determine the type
of backflow assembly to be installed within the area served by the
city. All assemblies shall be installed at the service connection
unless it is determined by the inspector to install the assembly at
the point of use. An assembly will be required in each of the following
circumstances, but the inspector 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 material
stored at a premises, could contaminate or pollute the potable water
supply.
(2) When a premises has one or more cross-connections as that term is defined in section
13.10.002 (Definitions).
(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-connection being
established or reestablished.
(6) When materials are being used such that, if backflow should occur,
a health hazard could result.
(7) When installation of an approved backflow prevention assembly is
deemed necessary to accomplish the purpose of these regulations.
(8) When an appropriate cross-connection survey report form has not been
filed with the director.
(9) Any used water return system that has received approval from the
director.
(10) If a point-of-use assembly has not been tested or repaired as stipulated
in this article, the installation of a reduced pressure principle
assembly will be required at the service connection.
(11) If an inspector determines that additions or rearrangements have
been made to the plumbing system, without the proper permits as required
by the plumbing code, premises isolation shall be required.
(12) All multi-story buildings or any buildings with a booster pump or
elevated storage tank.
(13) When entry to the premises is restricted so that inspections for
cross-connections cannot be made with sufficient frequency to assure
that cross-connections do not exist.
(14) On properties which have auxiliary water supplies.
(15) In all new nonresidential construction there shall be installed an
approved backflow assembly at the service connection. The type of
the assembly will be commensurate with the degree of hazard as determined
by the inspector.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1003)
(a) RPs may be utilized at premises where a substance is handled that
would be hazardous to the public health if introduced into the potable
water system. An RP is normally used in locations where an air gap
is impractical. An RP is effective against both backsiphonage and
backpressure.
(b) RPs shall be sized to provide an adequate supply of water and pressure
for the premises being served. Flow characteristics are not standard.
Consult manufacturer’s specifications for specific performance
data.
(c) Premises where interruption of water supply is critical shall be
provided with two assemblies installed in parallel. They shall be
sized in such a manner that either assembly will provide the minimum
water requirements while the two together will provide the maximum
flow required.
(d) Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(e)
(1) The assembly shall be readily accessible for testing and maintenance
and shall be located in an area where water damage to buildings or
furnishings will not occur from relief valve discharge. An approved
air gap funnel assembly may be used to direct minor discharges away
from the assembly; this assembly will not control flow in a continuous
relief situation. Drain lines to accommodate full relief valve discharge
flow should be considered.
(2) RPs are typically installed above grade in well-drained areas, but
may be installed below grade if an adequate drain to daylight is provided.
(3) Enclosures shall be designed for ready access and sized to allow
for the minimum clearances established below. Removable protective
enclosures are typically installed on the smaller assemblies. Daylight
drain ports shall be provided to accommodate full pressure discharge
from the assembly.
(4) All assemblies larger than two (2) inches shall have a minimum of
twelve (12) inches on the back side, twenty-four (24) inches on the
test cock side, and the relief valve opening shall be at least twelve
(12) inches plus nominal size of the 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.
(5) Assemblies installed more than five (5) feet above floor level must
have a suitable platform for use by testing or maintenance personnel.
(f) The assembly must be protected from freezing and other severe weather
conditions.
(g) Vertical installation is prohibited.
(h) Lines shall be thoroughly flushed prior to installation. A strainer
with blowout tapping may be required ahead of the assembly.
(i) The property owner assumes all responsibility for leaks and damage.
The owner shall also see that the vault is kept reasonably free of
silt and debris.
(j) All RP assemblies shall be tested in accordance with this article.
Any premises that have RP assemblies that are point-of-use protection
without high hazard premises isolation protection shall be tested
every six months. Any premises that have an RP assembly as premises
isolation without high hazard point-of-use protection assembly shall
be tested every six months. Tests are the responsibility of the assembly
owner. The owner shall notify the director upon installation of any
backflow prevention assembly.
(k) Variances from these specifications will be evaluated on a case-by-case
basis. Any deviations shall be prohibited without prior written approval
of the director.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1004)
(a) Double check valves may be utilized at premises where a substance
is handled that would be objectionable but not hazardous to health
if introduced into the potable water system.
(b) DCs shall be sized to provide an adequate supply of water and pressure
for the premises being served. Flow characteristics are not standard.
Consult manufacturer’s specifications for specific performance
data.
(c) Premises where interruption of water supply is critical shall be
provided with two assemblies installed in parallel. They shall be
sized in such a manner that either assembly will provide the minimum
water requirements while the two together will provide the maximum
flow required.
(d) Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(e)
(1) The assembly shall be readily accessible with adequate room for testing
and maintenance. DCs 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.
(2) Assemblies two inches and smaller shall have at least a three-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 twenty-four
(24) inches below grade. All 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.
(3) Assemblies installed more than five (5) feet above floor level shall
have a suitable platform for use by testing or maintenance personnel.
(f) Vertical installations are permitted on sizes up to and including
four (4) inches that meet all of the following requirements:
(1) Internally spring-loaded check valves;
(2) Flow is upward through the assembly;
(3) Manufacturer states their assembly can be used in a vertical position;
and
(4) Approved by the director.
(g) The assembly shall be protected from freezing and other severe weather
conditions.
(h) Lines shall be thoroughly flushed prior to installation. A strainer
with blowout tapping may be required ahead of the assembly.
(i) The property owner assumes all responsibility for foundation or basement
wall penetration, leaks, and damage. The owner shall also see that
the vault is kept reasonably free of silt and debris.
(j) All DCs shall be tested accordance with this article. Tests are the
responsibility of the assembly owner. The owner shall notify the director
upon installation of any backflow prevention assembly.
(k) Variances from these specifications will be evaluated on a case-by-case
basis. No deviations shall be permitted without prior written approval
of the director.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1005)
Double detector check valve assemblies may be utilized in all
installations requiring a double check valve assembly and detector
metering. DDCs shall comply with the installation requirements applicable
for double check valve assemblies (DCs).
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1006)
(a) PVBs may be utilized as point-of-use protection only and where a
substance is handled that would be objectionable but not hazardous
to health if introduced into the potable water system. PVBs protect
against backsiphonage only and shall not be installed where there
is potential for backpressure.
(b) The assembly shall be installed a minimum of twelve (12) inches above
the highest use outlet or overflow level downstream from the assembly.
(c) PVBs shall [not] be installed in an area subject to flooding or where
damage would occur from water discharge.
(d) The assembly shall be protected from freezing.
(e) The assembly shall be readily accessible for testing and maintenance,
with a minimum clearance of twelve (12) inches all around the assembly.
(f) PVBs shall be located between twelve (12) inches and sixty (60) inches
above ground level.
(g) A strainer with blowout tapping may be required ahead of the assembly.
(h) All PVBs must be tested in compliance with this article. Tests are
the responsibility of the assembly owner. The owner shall notify the
director 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 director.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1007)
(a) AVBs provide minimal protection and are approved for very low hazard
applications only. AVBs protect against backsiphonage only and are
prohibited where there is potential for backpressure.
(b) The assembly shall be installed a minimum of six (6) inches above
the highest use outlet or overflow level downstream from the assembly.
(c) Shutoff valves downstream from the assembly are prohibited.
(d) AVBs shall be allowed only for those applications where there is
less than twelve (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 are not recognized as adequate protection
by the director, so additional protection may be required.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1008)
(a) Air gap separations provide maximum protection from backflow hazards
and may be utilized at premises where a substance is handled that
would be hazardous to health if introduced into the potable water
system.
(b) An air gap separation shall be at least twice the diameter of the
supply pipeline measured vertically above the top rim of the receiving
vessel, in no case less than one (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 without prior
approval from the director, and shall be available for inspection
at all reasonable times.
(d) Sidewalls, ribs, or similar obstructions do not affect air gaps when
spaced from the inside edge of the spout opening a distance greater
than three times the diameter of the effective opening for a single,
or a distance greater than four times the effective opening for two
intersecting walls.
(e) In cases where there are three or more sidewalls, 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 area of the single outlet, whichever
is smaller.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1009)
(a) All irrigation systems which are on a designated lateral shall install
an approved double check assembly at the connection. This assembly
must be tested upon installation.
(b) All irrigation systems which “T” off of the main lateral
and currently have no backflow protection, or systems installed after
the effective date of this article (Ordinance adopted March 14, 2006),
shall be required to meet all specifications pertaining to irrigation
systems as stipulated by the Texas Administrative Code, [title 30,]
sections 290.44 and 290.46, as amended. In the event that there is
a conflict between these codes and regulations, the more restrictive
shall apply.
(c) All irrigation systems which do not currently meet the specifications
as stipulated in this section will be required to meet these specifications
within one (1) year of the effective date of this article (Ordinance
adopted March 14, 2006).
(d) In the event an assembly is removed, it must be tested immediately
upon reinstallation.
(e) Any addition or new construction of any irrigation system shall meet
the requirements of this article.
(f) All assemblies on irrigation systems regardless of installation point
must meet the requirements of this article.
(g) All irrigation system backflow devices shall be tested upon installation
and no less than annually thereafter.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1010)
(a) An approved double check detector backflow prevention assembly (DCDA)
or approved equivalent shall be the minimum protection on all new
fire sprinkler systems using piping material that is not approved
for potable water use, and/or that does not provide for periodic flow-through
during each twenty-four-hour period. A reduced pressure principle
detector backflow prevention assembly (RPDA) must be installed if
any solution other than potable water can be introduced into the sprinkler
system. If the inspector determines a chemical loop system can be
isolated by installing an RP assembly at the point of the chemical
injection, this, in conjunction with the proper installation of the
DCDA in accordance with this article, will be adequate protection.
(b) Retrofitting on fire sprinkler systems will be required in each of
the following circumstances:
(1) Where improper maintenance has occurred;
(2) On all high hazard systems; and
(3) Wherever an inspector deems necessary.
(c) All fire line assemblies will be tested by certified testers employed
by a state-approved fire line contractor.
(d) All fire line systems which are on a designated lateral [shall install]
the assembly on the lateral at the point of connection. The assembly
must be installed in accordance with this article.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1011)
Backflow protection required on temporary meters will be determined
on a case-by-case basis. The type of assembly which will be required
will be commensurate with the degree of hazard.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1012)
(a) A person who owns or operates any mobile unit that uses water from
the city’s public water system shall abide by the conditions
of this article.
(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 article to operate the vehicle, or the
business for which such vehicle is used.
(c) If there is a conflict between this section and any other provision
of the city’s Code of Ordinances, the more restrictive provision
will apply.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1013)
If premises with multiple service connections require premises
isolation, a backflow assembly shall be installed at each service
connection. The assemblies shall be commensurate with the degree of
the highest potential hazard.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1014)
As a condition of the water service, customers shall install,
maintain, and operate their piping and plumbing systems in accordance
with the most recent adopted plumbing code, or as amended. If there
is a conflict between this article and the plumbing code, the more
restrictive provision shall apply, or a reduced pressure principle
backflow prevention assembly will be required to be installed at the
service connection.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1015)
If a closed system has been created by the installation of a
backflow assembly, it is the responsibility of the property owner
to eliminate the potential adverse effects of thermal expansion.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1016)
Any water pressure loss caused by the installation of a backflow
assembly and the correction of a pressure loss condition shall not
be the responsibility of the city.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1017)
Any residential property which has been determined to have an
actual or potential cross-connection and/or has violated the plumbing
code or this article in any way shall be required to install an approved
backflow prevention assembly in accordance with this article.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1018)
Approved backflow prevention assemblies, commensurate with the
degree of hazard, shall be installed in accordance with this article
on all actual or potential cross-connections, regardless of the date
the potential hazard was created.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1019)
Every wholesale customer and other water districts that have
a contract for water services with the city shall have an active,
ongoing cross-connection program, approved by the director. The city
reserves the right to require a reduced pressure principle backflow
prevention assembly, or an air gap, at the interconnect.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1020)
(a) Pursuant to TCEQ water system regulations, 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) To a newly constructed facility, or previously existing premises,
which is requesting water service;
(2) Where any correction or addition to the plumbing of any facility
or premises has occurred;
(3) After any material improvement to buildings(s) or premises; and
(4) Whenever the administrative authority (the city) deems it necessary.
(b) Permanent water service shall not be supplied to a new construction
facility(s) until the customer service inspection is complete.
(c) Customer service inspections will be carried out only by a certified
customer service inspector, or a plumbing inspector employed by the
city, or approved by the director.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1021)
Inspectors performing cross-connection control duties within
the city must be employed by or are an independent contractor for
the city.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1022)
(a) All backflow assembly testers operating within the city shall be
certified in accordance with all applicable regulations of TCEQ. No
person shall operate as a backflow prevention assembly tester within
the city without first being annually registered with the director.
(b) At the time of registration, re-registration, recertification and
upon the director’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 current licenses as required by the state and the
city to perform the contemplated services.
(c) Persons certified as backflow prevention assembly testers shall meet
the following requirements:
(1) Hold a TCEQ-approved backflow prevention assembly certification;
(2) Maintain general commercial liability insurance and automobile liability
insurance with the following minimum limits: two hundred and fifty
thousand dollars ($250,000.00) per person, five hundred thousand dollars
($500,000.00) per accident for bodily injury, and one hundred thousand
dollars ($100,000.00) per accident for property damage or five hundred
thousand dollars ($500,000.00) if combined;
(3) Successfully completed and has a confined-space entry course certification;
(4) Agree to abide by all requirements of the United States Occupational
Safety and Health Administration (OSHA); and
(5) Attend an update class every three (3) years.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1023)
(a) No certified backflow assembly tester shall operate within the city
without first registering with the director and paying all appropriate
fees per the city’s adopted fee schedule, as amended.
(b) A registration shall remain in effect, provided:
(1) The tester maintains eligibility for registration and certification
as defined in this article;
(2) The tester attends and successfully completes a recertification training
course approved by the director every three (3) years; and
(3) The backflow prevention assembly tester’s registration is not
revoked by the director.
(c) A backflow prevention assembly tester shall renew his/her registration
with the director every year. If a TCEQ certification expires for
a period of one (1) year or more, the backflow prevention assembly
tester may reestablish registration eligibility by showing proof that
he/she has retaken the TCEQ-approved backflow prevention tester certification
course.
(d) Each applicant for registration shall:
(1) Provide evidence to the director to establish that the applicant
has available the necessary tools and equipment to test backflow prevention
assemblies;
(2) Provide evidence to the director that the applicant has successfully
completed permit confined-space entry training as specified by OSHA
in 29 CFR 1910.146, or as amended; and
(3) Identify all test gauges the applicant will use in testing backflow
prevention assemblies.
(e) A registered backflow prevention assembly tester shall:
(1) File the serial number of each of their test gauges with the director;
(2) Annually, have each recorded test kit tested for accuracy and calibrated
by a company or individual approved by the director to maintain a
two (2) percent accuracy factor;
(3) Perform a competent and accurate test on each backflow prevention
assembly, as established by the TCEQ regulations;
(4) Submit completed test forms to the director with ten (10) days after
the test is completed;
(5) List registered serial numbers of test gauges on tests and maintenance
reports prior to submitting the reports to the director; and
(6) Not change the design or operation characteristics of a backflow
prevention assembly.
(f) The director may revoke a registration if he/she 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;
(5) Is not in compliance with safety regulations;
(6) Has failed to register the serial number of his/her test kits, or
fails to calibrate gauges annually as required by this article;
(7) Has failed to maintain a current certification from TCEQ; or
(8) Has violated any other provision of this article.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1024)
The cost and expense of complying with this article shall be
the sole responsibility of the property owner, their lessees and/or
agents. These costs and expenses include, but are not limited to,
purchasing, installation, testing, and/or repair of the assembly.
These costs and expenses shall also include, but are not limited to,
point-of-use and premises isolation assemblies. The property owner,
their lessees, and/or agent shall reimburse the city for any and all
costs and expenses incurred by the city in enforcing this article
(the reimbursement costs). The reimbursement costs shall be assessed
in the property owner’s and/or lessee’s current water
bill.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1025)
(a) Testing of assemblies.
Backflow prevention assemblies
shall be tested in accordance with the requirements set out 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.
(b) Maintenance of assemblies.
Backflow prevention assemblies
shall be maintained in accordance with the requirements set out 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.
(c) Installation of assemblies; inspection and registration.
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
the plumbing code 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 backflow prevention assembly shall
be submerged in water or installed in a location subject to flooding.
If a double check valve assembly is installed in a vault, brass plugs
shall be maintained in the test ports at all times and adequate drainage
shall be provided.
(3) Assemblies shall be installed at the point of delivery of the water
supply, before any branch in the line, and on private property located
just inside the boundary of the city’s right-of-way. An inspector
may specify other areas for installation of the assembly.
(4) The assembly shall be protected from freezing and other severe weather
conditions.
(5) All backflow prevention assemblies shall be of a type and model approved
by the director.
(6) All vertical installations shall be approved in writing by the director
prior to installation.
(7) The assembly shall be readily accessible with adequate room for maintenance
and testing. Assemblies two (2) inches and smaller shall have at least
a six (6) inch clearance on all sides of the assembly. All 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, twelve (12) inches below the assembly and thirty-six (36)
inches above the assembly. “Y” pattern double check valve
assemblies shall be installed so that the checks are horizontal and
the cocks face upward.
(8) If the director grants written permission to install the backflow
assembly inside of a building, the assembly shall be readily accessible
between 8:00 a.m. and 5:00 p.m., Monday through Friday.
(9) If an assembly is installed pursuant to subsection (a)(8) above,
and is four (4) inches or larger and is installed five (5) feet or
higher above the floor, it shall be equipped with a rigidly and permanently
installed scaffolding acceptable to the director. This installation
shall also meet all applicable requirements set out by the U.S. Occupational
Safety and Health Administration and the state occupational safety
and health laws.
(10) RP assemblies may be installed in a vault only if relief valve discharge
can be drained to daylight through a boresight type drain. The drain
shall be of adequate capacity to carry the full rated flow of the
assembly and shall be screened on both ends.
(11) 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 one (1) inch.
(12) Upon completion of installation, the property owner shall notify
the director to inspect the assemblies. The property owner shall register
all backflow assemblies with the director. Registration shall consist
of date of installation, manufacturer, model, serial, number of the
backflow prevention assembly, and initial test report.
(d) Unlawful installation.
A person commits an offense if
the person installs a backflow prevention assembly in violation of
this section.
(e) Failure to notify director.
A person commits an offense
of the person fails to notify the director to inspect a backflow prevention
assembly after its installation as required by this section.
(f) Failure to register assembly.
A person commits an offense
if the person fails to register a backflow prevention assembly as
required by this section.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1026)
(a) It is the responsibility of all property owners, their agents and/or
lessees to abide by the conditions of this article.
(b) The owner of leased premises is responsible for the installation,
testing and repair of all backflow assemblies on the premises. When
the lessee changes, the owner shall immediately notify the city.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1027)
(a) Every person provided water service by the city directly or indirectly
shall permit the director 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 access is denied to premises for inspection by the director, a
reduced pressure principle assembly will be required at the service
connection to the premises.
(c) Any temporary or permanent obstruction to safe and easy access to
the premises for the purpose of this article shall be promptly removed.
The costs of clearing such access shall be borne by the property owner,
their lessees, and/or agent.
(d) Any and all costs associated with premises isolation or containment
protection shall be the sole responsibility of the property owner,
lessee, and/or agent.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1028)
(a) No person shall install or maintain a backflow preventions assembly
upon a right-of-way belonging to the city 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 review and approve the
location, height, depth, enclosure, and other requisites of the assembly
prior to its installation.
(c) Any assembly or portion of an assembly that extends above ground
shall be located no closer than twenty-four (24) inches to the back
of the curb.
(d) A property owner shall, 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.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1029)
(a) The city and their attorney, and each of them, are 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 director, 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 person to discontinue the use of all cross-connections,
and to physically separate cross-connections, is sufficient cause
for the immediate discontinuance of public water service to the premises.
(d) Failure to comply with this article is a fine up to two thousand
dollars ($2,000.00) per day, with each day being a separate offense.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1030)
(a) The director may, without prior notice, suspend water service to
any premises when such suspension is necessary to stop an actual or
potential cross-connection 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 director
shall notify the owner or person in charge of the premises of the
suspension in person or by certified mail, return receipt requested,
and shall order such person to correct the actual or potential cross-connection
which could allow the backflow to occur. When time permits, and if
the owner or person in charge is readily available, the director will
give notice about the immediate suspension of services.
(c) If the person fails to comply with an order issued under this article,
the director may take such steps, as deemed necessary, to prevent,
or minimize, damage to the public water supply, or to minimize danger
to persons.
(d) The director shall not reinstate suspended services until the person:
(1) Presents proof, satisfactory to the director, that the actual or
potential cross-connection has been eliminated, and its cause determined
and corrected;
(2) Pays the city for all costs incurred by the city in responding to
the backflow or threatened backflow; and
(3) Pays the city for all costs incurred in reinstating service.
(e) A person commits an offense if the person reinstates water service
to premises suspended pursuant to this section without the prior approval
of the director.
(f) The city may obtain a lien against the property to recover its response,
abatement, and remediation costs.
(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, or a prerequisite for, taking other action against
a violator.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1031)
(a) The director may suspend, with twenty-four (24) hours’ notice,
the water supply to any premises where the following conditions have
been violated:
(1) Refusing the director’s reasonable access to the premises for
the purpose of inspection;
(2) Hindering or denying the director’s access to backflow prevention
assemblies;
(3) Failing to immediately eliminate, or protect against, an actual or
potential cross-connection;
(4) Failing to install and maintain backflow prevention assemblies in
compliance with this article; or
(5) Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the plumbing code.
(b) The director will notify a water user of the proposed termination
of its water supply. The water user may petition the director in writing
for reconsideration.
(c) Exercise of this enforcement option by the director shall not be
a bar to, or a prerequisite for, taking any other action against the
water user.
(d) The director shall not reinstate suspended services until:
(1) The premises have been inspected by the city cross-connection inspector
or a reduced pressure principle backflow prevention assembly is installed
and tested at the service connection;
(2) The person presents proof, satisfactory to the director, that the
cross-connection has been eliminated and its cause determined and
corrected; and
(3) The person pays the city for all costs the city will incur in reinstating
service.
(Ordinance 822 adopted 3/14/06; 2004 Code, sec. 13.1032)