Pursuant to the state commission on environmental quality (TCEQ)
rules and regulations specifically stated under 30 Texas Administrative
Code section 290.449(h), it is the responsibility of the water purveyor
to ensure that an adequate cross-connection control program is in
effect.
(ORDINANCE 486-14 adopted 1/15/15)
Occurs when contaminated water is under enough pressure to
flow backward into the water supply.
Occurs when the public water system loses its water pressure
due to water line flushing and main breaks or firefighting and a vacuum
is created.
A physical connection between a potable water supply and
any other source of water of unknown or unsafe quality.
A backflow preventer designed to control cross connections
between potable water lines and substances that are objectionable
but not a health hazard.
A backflow preventer designed to give maximum protection
against backflow caused by either backpressure or backsiphonage from
a cross connection where contamination hazard exists.
(Ordinance 486-14 adopted 1/15/15)
The cost of complying with these regulations shall be the responsibility
of the property owners and their lessees. These costs include but
are not limited to purchasing, installation, testing and repair of
the assembly. These costs shall also 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 their lessees.
(Ordinance 486-14 adopted 1/15/15)
It is the responsibility of all property owners and lessees
to abide by all the conditions of this article. If changes are made
to a premises plumbing system, the property owner shall notify the
plumbing inspector.
(Ordinance 486-14 adopted 1/15/15)
(a)
A
certified plumbing inspector employed by or under contract with the
city shall determine the type and location of backflow assembly to
be installed within the city’s water service area.
(b)
At
a minimum, a backflow prevention assembly will be required in each
of the following circumstances:
(1)
When the nature and extent of any activity at the premises, or the
materials used in connection with any activity at the premises, could
contaminate or pollute the potable water supply.
(2)
When the 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 the premises has a repeated history of cross connections being
established or reestablished.
(6)
When entry to the premises is unduly restricted so that inspections
for cross connections cannot be made with sufficient frequency to
assure that cross connections do not exist.
(7)
When materials are being used such that, if backflow should occur,
a health hazard could result.
(8)
When installation of an approved backflow prevention assembly is
deemed by an inspector 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 hall.
(10)
When a fire sprinkler system using nonpotable piping material is
connected to the city’s water system.
(11)
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 an inspector.
(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)
If the premises are required to have backflow prevention assemblies,
but water cannot be turned off during the testing of such assemblies,
the premises shall be equipped with dual backflow prevention assemblies
of the same type so that testing, repair and maintenance can be performed.
(14)
If a point-of-use assembly has not been tested or repaired as required
by this article, a premises isolation assembly shall be required.
(15)
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.
(c)
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 buildings on the premises.
(d)
A
person commits an offense if the person owns or is in control of any
premises and knowingly fails to install and maintain backflow prevention
assemblies on said premises as required by this section.
(e)
A
person commits an offense if the person owns, operates or manages
any premises and backflow from the premises enters the public water
supply system.
(Ordinance 486-14 adopted 1/15/15)
(a)
A
licensed tester that is registered with the city will inspect and
test all assemblies in each of the following circumstances:
(1)
Immediately after installation;
(2)
Whenever the assembly is moved;
(3)
A minimum of once a year for all double check assemblies and pressure
vacuum breakers;
(4)
Any premises that have RP assemblies as point-of-use protection without
high hazard premises isolation protection must be tested every six
months;
(5)
Any premises that have an RP assembly as premises isolation without
high hazard point-of-use protection must be tested every six months;
and
(6)
Immediately after repair.
(b)
Assemblies
may be required to be tested more frequently if the inspector deems
necessary.
(c)
All
assembly testing shall be performed by a certified and registered
backflow prevention assembly tester in accordance with the TCEQ regulations.
The testing forms can be obtained from the city inspection department
prior to testing.
(d)
It
is the responsibility of the property owner and the person in control
of the premises to have all assemblies tested.
(e)
A
person commits an offense if the person owns or is in control of any
premises and knowingly fails or refuses to have the backflow prevention
assemblies installed on said premises inspected or tested as required
by this section.
(f)
The
city shall not be liable for damage to an assembly that occurs during
testing when such damage results from metal fatigue or deteriorated
metal, or when such damage occurs under standard testing procedures.
(Ordinance 486-14 adopted 1/15/15)
(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 commission and this article.
(b)
Backflow
prevention assemblies shall be maintained in a manner that allows
them to be tested by the plumbing inspector.
(c)
A
person commits as offense if the person knowingly fails to maintain
backflow prevention assemblies in compliance with this section.
(d)
A
person commits an offense if the person knowingly fails to comply
with a repair order issued by the plumbing inspector.
(Ordinance 486-14 adopted 1/15/15)
Any water pressure drop caused by the installation of a backflow
assembly shall not be the responsibility of the city. The department
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 for fire protection.
(Ordinance 486-14 adopted 1/15/15)
(a)
A
person who owns or operates any vehicle that uses water from the city
public water supply shall obtain permission from the water superintendent.
The water superintendent may require a fixed air gap or backflow assembly
on the vehicle or piping.
(b)
A
fee based on the present water rates will be charged for the amount
of water purchased.
(Ordinance 486-14 adopted 1/15/15)
(a)
All
backflow assembly testers operating within the city shall be certified
in accordance with all applicable regulations of the TCEQ.
(b)
All backflow assembly testers must register in person at city hall and pay an annual registration fee as provided in the fee schedule found in appendix A to this code.
(c)
In addition to the registration fee, the tester will be required to pay a minimum plumbing permit fee as provided in the fee schedule found in appendix A to this code.
(d)
Any
other tests performed by the assembly tester within a period of one
year, providing he/she has paid the appropriate registration fee,
he/she will only have to pay the plumbing permit fee prior to performing
the actual test of the backflow assembly.
(e)
At
the time of registration, each tester certified as a backflow assembly
tester shall furnish evidence that he/she is insured and bonded to
perform services on private property and has all licenses required
by the state.
(f)
A
person commits as offense if the person knowingly operates as an assembly
tester within the city without first registering with the city.
(g)
Upon
completion of the test on the backflow assembly the tester must provide
the city with test results to be kept on file in the city hall.
(h)
Upon
recertifying, a tester shall renew his/her registration with the city
hall.
(i)
A
registered backflow prevention assembly tester shall:
(1)
File the serial number of each of his/her test kits with the certified
plumbing inspector.
(2)
Annually have each recorded test kit tested for accuracy and calibrated
to maintain a 2% accuracy factor.
(3)
Perform competent and accurate certifications of each backflow prevention
assembly tested.
(4)
Not change the design or operation characteristics of a backflow
prevention assembly.
(j)
The
city may revoke a registration if the city inspector 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 register the serial numbers of his/her test kits or
failed to calibrate gauges annually.
(7)
Has violated any other provision of this section.
(k)
A
person commits an offense if the person operates as a backflow prevention
assembly tester within the city without a valid registration with
the city.
(Ordinance 486-14 adopted 1/15/15)
(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 inspector
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 refuses access to premises during said times for inspection
by an inspector, the water user shall install a reduced pressure principle
assembly at the service connection to that 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 inspector and shall not be
replaced. The costs of cleaning such access shall be borne by the
user.
(d)
A
person commits an offense if the person knowingly fails to install
a reduced pressure principle assembly in accordance with this section
after receiving notice from the city to do so.
(Ordinance 486-14 adopted 1/15/15)
(a)
The
city staff may, without prior notice, suspend water service to any
premises when such suspension is necessary to stop an actual or threatened
backflow which:
(b)
As
soon as is practicable after the suspension of service, the water
superintendent 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 water superintendent
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 administrative authority may take such steps as the administrative staff deems necessary to prevent or minimize damage to the public water supply.
(d)
The
city shall not reinstate suspended services until the person presents
proof, satisfactory to the administrative authority, that the backflow
has been eliminated and its cause determined and corrected.
(e)
A
person whose service has been suspended may appeal such enforcement
action to the city council in writing, within 10 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 administrative authority.
(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 violation.
(Ordinance 486-14 adopted 1/15/15)
(a)
The
city may terminate the city-provided water supply of any water user
who violates the following conditions:
(1)
Refusing the city inspector reasonable access to the water user’s
premises for the purpose of inspection.
(2)
Hindering or denying the inspector access to backflow prevention
assemblies.
(3)
Failing to install a reduced pressure principle assembly as required.
(4)
Failing to install and maintain backflow prevention assemblies in
compliance with this article.
(5)
Failing to install, maintain and operate their piping and plumbing
systems in accordance with the plumbing code.
(b)
The
administrative authority will notify a water user of the proposed
termination of its water supply. The water user may petition the city
council for a reconsideration and hearing.
(c)
Exercise
of this enforcement option by the city shall not be a bar to, nor
a prerequisite for, taking any other action against the water user.
(d)
The
administrative authority shall not reinstate suspended services until:
(e)
A
person commits an offense if the person reinstates water service to
premises terminated pursuant to this section without the prior approval
of the city.
(Ordinance 486-14 adopted 1/15/15)
Backflow entering or threatening to enter the public water supply
from any premises is hereby declared to be a nuisance.
(Ordinance 486-14 adopted 1/15/15)
