HomeMy WebLinkAboutO-2018-012 Cross Connection and Backflow Prevention ORDINANCE NO. 2018-012
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING SECTION 27-4 OF THE CITY CODE OF
ORDINANCES DEALING WITH PROCEDURES ON CHANGE OF
OWNERSHIP OR OCCUPANCY OF PREMISES; AMENDING SECTION 27-
6 OF THE CODE DEALING WITH AUTHORITY AND GROUNDS FOR
DISCONTINUANCE OF SERVICE; AMENDING AND RENAMING
SECTION 27-9, SUCH SECTION AS "CROSS-CONNECTION CONTROL
AND BACKFLOW PREVENTION", OF THE CITY CODE OF
ORDINANCES; AMENDING SECTION 27-20 OF THE CODE DEALING
WITH TURNING ON AND SHUTTING OFF OF SERVICE CONNECTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 27-9, Backflow Preventers, of the City Code of Ordinances
requires updating according to the U.S. Environmental Protection Agency Safe Drinking Water
Act and the Florida Administrative Code; and
WHEREAS, updating the City's water system backflow prevention program is in the
City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS:
Section 1. The above referenced "Whereas" clauses are true and correct and made a part
of this Ordinance.
Section 2. Section 27-4 of the City Code of Ordinances is amended to read as follows:
• Sec. 27-4. - Procedures on change of ownership or occupancy of premises.
(a) In the event of any change in ownership or occupancy of any premises
connected to the water system, sewer system or both, the finance department
shall be immediately notified in writing, giving the name and address of the
new consumer. Such new consumer shall provide, the finance department with
a government issued form of identification document (United States
corporate/partnership IRS identification number, state driver's license number,
passport number or personal social security number), post a deposit for service
in his/her name, and the deposit in effect with the previous consumer shall be
finaled. No existing account shall be final until such written notice of
termination is given to the finance department by the consumer of record. No
new service connection shall be provided to the customer until the Public
Service Director or his/her designee, confirms that the customer's service
connection is in compliance with Section 27-9 of the Code.
(b) In the event a consumer fails to notify the finance department upon change of
ownership or occupancy of served premises as provided in paragraph (a)
above, such consumer shall continue to be liable to the city for all charges
accrued and occurring for service until such time that evidence of change in
occupancy or ownership is submitted to the finance department, which shall,
of its own volition, final the account. This clause shall not prohibit nor
preclude the finance department from also demanding from the new owner the
payment of all or any charges or rates accrued by a former owner which at the
time of demand by registered mail remain unpaid or unsecured, without regard
to whether the charges accrued prior or subsequent to change in occupancy or
ownership. Upon failure of the new owner to comply with such demand within
seventy-two (72) hours after written notice, the city shall have the right to
discontinue supplying water to such premises.
(c) When an owner sells property, leaving a current or delinquent water bill, sewer
bill, or both, against the property, the city may, at its option, refuse service to
that property or to any other property that the same owner intends to use in the
future, regardless of whether or not other accounts of the same owner are in
good standing, or refuse to open an account in the new owner's name.
(d) In cases where a tenant informs the city that the tenant no longer resides at a
property supplied by water services, or if the city determines that a property
receiving such services is vacant, the city may open a new account in the
owner's name and charge the owner as set forth in this article.
Section 3. Section 27-6 of the City Code of Ordinances is amended to read as follows:
• Sec. 27-6. - Authority and grounds for discontinuance of service; imposition
of penalties for violations.
All service shall be subject to cancellation by the city for any one or more of the
following reasons:
(a) For misrepresentation or concealment in the application as to the premises or
fixtures to be furnished with service or the use to be made of such service.
(b) For waste or excessive use of water, excessive loading of the sewer facilities,
or both, through improper or imperfect pipes, fixtures, or appliances, excessive
infiltration and inflow of ground or rainwater, or for any other reason.
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(c) For refusal or neglect to make any advance payment, if such is required by the
city, or for refusal or neglect to comply with requirements of the city as to
meter or service location, maintenance, alterations or renewal or other
requirements relating to the service of the city.
(d) Continued delinquency in payment for any services enumerated on a city
utility bill, by whomever incurred, for or on account of premises served. An
account is deemed delinquent if payment is not received within twenty (20)
days of the date of the invoice. If payment is delinquent and in arrears for a
period of more than thirty-five (35) days, city shall issue a final delinquency
letter to the customer's service address alerting them to the delinquent balance
due and a delinquency notice charge as established by resolution to the
customer account. If payment is delinquent and in arrears for a period of forty
(40) days or more, the city may, at its sole discretion, pull or lock the meter
and discontinue service to the property. In such event, the consumer shall pay
all fees and charges required to reconnect water service as set forth in this
article.
(e) For use of a service to benefit any other premises.
(f) For refusal or failure to comply with requirements of the department
concerning backflow prevention, cross connections (pursuant to Section 27-9
of the Code), safety checks, or similar requirements.
(g) For any interference or tampering whether by act of commission or omission,
with the meter measuring the water supply, or with seals of any meter, or with
any meter box or vault, or with service pipes, or valves of any seals, or with
any appliance of the city or with any appliance of the consumer, which was or
is required by the city for controlling or regulating the water supply service; or
for making or causing to be made any connection with any main service pipe
or other pipe, appliance or appurtenances used for or in connection with the
department in such manner as to supply water from such connection to any
faucet or other outlet without such water passing through a meter or other
measuring device used by the city for measuring and registering the quantity
so passing through or for making or causing to be made without the written
consent of the department any connection with any main, pipe, service pipe, or
other instrument or appliance in such a manner to take untreated used or
wasted water; or for making or causing to be made any connection with any
premises or buildings other than the premises or buildings intended in the
application for service to be served by such water connection, or with intent to
defraud the city, and for the purpose of this regulation any interference or
tampering with any appliances used in connection with or for controlling or
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regulating the water supply service to any premises shall be construed and
taken to be the act of the consumer using water service at the premises.
(h) Where there has been a change in ownership of the premises, but no
application from the new owner has been made and approved by the finance
department.
(i) Where the city has been or is being defrauded in any way.
(j) For violation of any of the rules or requirements by the city as now existing or
as they shall be made in the future.
(k) All bills and accounts for service shall be subject to a penalty if delinquent for
a period of twenty (20) days after the initial mailing of a bill or statement by
the city for services rendered during the previous period. The amount of the
penalty shall be as set forth in the resolution of the city commission setting
rates. All delinquent services may cause the water service to be shut off and
the water will not be turned on until the amount of the delinquent account has
been paid. The city may lock or pull all meters of consumer accounts that are
delinquent for forty-five (45) days or more. If the consumer is a tenant, the
account shall be finaled, the deposit on file will be applied to final the account,
and the account will revert back to the property owner of record. If the account
is held in the name of the owner, the meter will be pulled and the outstanding
bill will be applied as a lien against the property. A fee as set by resolution of
the city commission will be assessed to reinstall or unlock the meter and a new
deposit (based on the current rate at the time of the new deposit) will be
required. Monthly base billing will continue to accrue.
(1) Application shall be made to the city for the addition of any living units
connected to the water service lines if the units have not been included on
previous applications. For violations of this section the water service may be
disconnected.
(m) Any violations of subsections (a) through (1) above shall be subject to
penalties as provided for in section 1-8 of the City Code which fine shall be
added to and become a part of the utilities bill for that unit.
Section 4. Section 27-9 of the City Code of Ordinances is amended to read as follows:
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• Section 27-9 — u. ekflow Preventers Cross-connection Control and Backflow
Prevention.
(a) Definitions
(1) Air-Gap - The unobstructed vertical distance through free atmosphere between
the lowest point of a water supply outlet and the flood level rim of the fixture or
assembly into which the outlet discharges. These vertical, physical separations
must be at least twice the inside diameter of the water supply outlet, but never
less than 1 inch (25 mm) above the receiving vessel flood rim. Local codes,
regulations and special conditions may require more stringent requirements.
(2) Approved - Accepted by the authority responsible as meeting an ap lip cable
specification stated, or as suitable for the proposed use.
(3) Auxiliary Water Supply - Any water supply on or available to the premises
other than the approved potable water supply. These auxiliary waters may
include water from another potable water supply or any natural source such as a
well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids".
These waters may be polluted, or they may be objectionable and constitute an
unacceptable water source over which the water purveyor does not have sanitary
control.
(4) Backflow - The undesirable reversal of flow in a potable water distribution
system as a result of a cross-connection.
(5) Backflow Preventer - An assembly or means that prevents backflow into the
potable water supply.
(6) Backpressure- A pressure higher than the supply pressure, caused by a pump,
elevated tank, boiler, or any other means that may cause backflow.
(7) Backsiphonage- Backflow caused by negative or reduced pressure in the utility
system.
(8) Reduced-Pressure Backflow-Prevention Assembly - The approved reduced-
pressure principal backflow-prevention assembly consists of two (2)
independently acting approved check valves together with a hydraulically
operating, mechanicallypendent pressure differential relief valve located
between the check valves and below the first check valve. These units are
located between two (2) tightly closing resilient-seated shutoff valves as an
assembly and with properly located resilient-seated test cocks.
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(9) Certified/Licensed Installation or Testing Professional-A person certified
through one of the following agencies as being competent to test, repair,
overhaul, certify the operation, and make reports on backflow prevention
assemblies:
(a) American Society of Sanitary Engineers (A.S.S.E.);
(b) National Environmental Technology Training Institute (N.E.T.T.I.);
(c) Foundation for Cross Connection Control and Hydraulic Research
(F.C.C.H.R.) - University of Southern California;
(d) Training, Research, and Education for Environmental Occupations
(T.R.E.E.O.) - University of South Florida;
(e) Institution for Cross Connection Control (I.C.C.C.);
(f) Any such agencies of the State of Florida that are authorized by statute,
rule, or regulation to issue the licenses/certifications for plumbing and
backflow prevention assemblies' installation, testing and certification.
(10)Double Check Valve Assembly - The approved double check valve assembly
consists of two (2) internally loaded check valves, either spring loaded or
internally weighted, installed as a unit between two (2) tightly closing resilient-
seated shutoff valves and fittings with properly located resilient-seated test
cocks. This assembly shall only be used to protect against a non-health hazard
(that is, a pollutant).
(11)Contamination - An impairment of a potable water supply by the introduction or
admission of any foreign substance that degrades the quality and creates a
health hazard.
(12)Cross c0nn6Eti6irrrcviacvt�6=ry pvcent �eeiicvfier rvetwcn-ai pur -vf a
notable .ate,. system and a then o ent . „taini other—s4scaave�zi3
the table ,.,to,. s ,sto,n. Other sub st.,nees b e liquids,
ceases, rrcrr,
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.table) aaer- that 1,.,nee the le .,d . der- to the to,
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Cross-Connection- any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer,
drain, conduit, pool, storage reservoir, plumbing fixture, or other device which
contains or may contain contaminated water, sewage or other waste, or liquid of
unknown or unsafe quality which map be capable of imparting contamination to
the public water supply as the result of backflow. By-pass arrangements,jumper
connections, removable sections, swivel or changeable devices, and other
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temporary or permanent devices through which or because of which backflow
could occur are considered to be cross-connections.
(13) Cross-Connections—Controlled - A connection between a potable water system
and a nonpotable water system with an approved backflow-prevention assembly
properly installed and maintained so that it will continuously afford the
protection commensurate with the degree of hazard.
(14) Hazard, Degree of- The term is derived from an evaluation of the potential risk
to the public health and the adverse effect of the hazard upon the potable water
system.
(15) Hazard -Health - A cross-connection or potential cross-connection involving
any substance that could, if introduced into the potable water supply, cause
death, illness, spread disease, or have a high probability of causing such effects.
(16) Hazard —Plumbing - A plumbing type cross connection in a consumer's potable
water system that has not been properly protected by an approved air gap or an
approved backflow-prevention assembly_
(17) Hazard Nonhealth - A cross-connection or potential cross-connection
involving any substance that generally would not be a health hazard but would
constitute a nuisance or be aesthetically objectionable, if introduced into the
potable water supply.
(18) Hazard—System - An actual or potential threat of severe damage to the physical
properties of the potable water system or the consumer's potable water system
or of a pollution or contamination that would have a protracted effect on the
Quality of the potable water in the system.
(19) Industrial Fluid System - Any system containing a fluid or solution that maybe
chemically, biologically, or otherwise contaminated or polluted in a form or
concentration, such as would constitute a health, system, pollution, or plumbing
hazard, if introduced into an approved water supply. This may include, but not
be limited to: polluted or contaminated waters; all types of process waters and
used waters originating from the potable water system that may have
deteriorated in sanitary quality; chemicals in fluid form; contaminated natural
waters, such as wells, springs, streams, rivers, harbors, seas, canals, and so
forth; oils, gases, caustic and acid solutions, and other liquid and gaseous fluids
used in industrial or other purposes.
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(20) Pollution- The presence of any foreign substance in water that tends to degrade
its quality so as to constitute a non-health hazard or impair the usefulness of the
water.
(21) Service Connection - The terminal end of a service connection from the potable
water supply, that is, where the water purveyor loses jurisdiction and sanitgy
control over the water at its point of delivery to the customer's water system.
There should be no unprotected takeoffs from the service line ahead of any
backflow-prevention assembly located at the point of delivery to the customer's
water system.
(22) Water Nonpotable - Water that is not safe for human consumption or that is of
questionable quality.
(23) Water-Potable - Water that is safe for human consumption as described by the
public health authority having jurisdiction.
(24) Water Purveyor - Owner of the source facilities, treatment facilities, and the
distribution system providing potable water to customers. This refers to the City
of Dania Beach.
(25) Water-Used - Any water supplied by a water purveyor from a potable water
system to a consumer's water system after it has passed through the point of
delivery and is no longer under the sanitary control of the water purvey
(b) Requirements a) An approved backflow prevention assembly as stated in the Florida
Administrative Code 62-555.360 and the BOC n T nif nl,,.,..bing Cod and
Section 312.9 of the Florida Building Code (Plumbing), appropriate to the degree of
hazard, and for each category of user identified in the Florida Administrative Code
Table 62-555.360-2 shall be installed on each service connection as close as practical
to the customer's water service meter or customer's property line but, in all cases,
before the first distribution line off of the customer's water service line. of
inunediately inside the building being served, btA in a4l eases before the first braneh
line leading off the seFvieez line,=wherever- 1iivrrvAing cviicr=rrvrrseiiir.
(1) For pr-e i . - an attxiliafy water- supply that is not or may not be of safe
(2) For premises on w-hieh any industfial fluids or- any other- objeetionable substanees
are handled in siieh a fashion as to ereate an aetual or- petenlW hazard to the t4ility
system. This sh-all inkeflude the handling of pr-eeess waters and waters originating ffom
the utility system that ha-ve been subjeet to detefier-Ettion in quality.
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making it impr-aefieabl ible to aseeftain whether- or- not dangerous er-
eonneetions exist.
(4) For-pr-emises in whieh baekpr-esstffe may be generated in the eonstfffier-s system.
No new water service connections shall be installed by the water purveyor unless the
occupant or tenant has been made aware of the purveyor's cross-connection control
policy and understands his or her responsibility to not create or maintain any cross-
connections,and the water supply is protected as required by this policy and applicable
laws and regulations. Likewise, --e -se ee- shall be idea to a ehane^a
;stenee and Tune eninR of the equir-ed baekileworeventien deviee.At an existing
(i.e.) previously constructed service connection, whenever the customer connects to a
reclaimed water distribution system, whenever an auxiliary water system is
discovered on the customer's premises, whenever a prohibited or inappropriately
protected cross-connection is discovered on the customer's premises, and whenever
the customer's premises is altered under a building permit in a manner that could
change the backflow protection required at or for a service connection to the
customer, no new service shall be provided until there is compliance with the terms of
this Section. The same shall be true in the event of the customer connecting to a
reclaimed water distribution system or auxiliary water system. The Categories of
Customers and the nature of the device to be installed shall be consistent with Table
62-555.360-2, Florida Administrative Code. An approved backflow prevention
device or assembly shall be installed according to local plumbing regulations and the
Table noted above and prior to any branch line wherever the following conditions
exist:
(i) In the case of an auxiliary water supply which is not or may not be of safe
bacteriological or chemical quality and which is not acceptable as an
additional water source by the Florida Department of Environmental
Protection or delegated County Health Department, the public water
system shall be protected against backflow by installing or requiring the
property owner to install, in the service line an approved backflow
prevention assembly commensurate with the degree of hazard, and in
conformance with the most current edition of the American Water Works
Association manual, M-14, "Recommended Practice for Backflow
Prevention and Cross-Connection Control"(as clarified and modified in
Tables 62-555.360-1 and 62-555360-2 of the Florida Administrative
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Code) or local plumbing regulations, whichever affords the higher
protection.
(ii) In the case of (1) internal cross-connections that cannot be permanently
corrected or protected against, or (2) intricate plumbing, and piping
arrangements or where entry to all portions of the premises is not readily
accessible for inspection purposes, making it impracticable or impossible
to ascertain whether or not dangerous cross-connections exist, the public
water system shall be protected against backflow by installing or requiring
the property owner to install, an approved backflow prevention assembly in
the service line.
(c) Types of Protection Required (b)The t.Te ,.f 1-.aekflew prevention assembly or means
re"ir-ed under- subseetion (a) above shall be deteFmined by the degree of hazard
exists as follows:
(1) For- premises where there is an auxiliary wa4er- supply the utility system sha4l
pr-ateeted by an approved air-gap separation or- a r-edueed pr-efqq . . .. a4 assembly.
(2'�exises where there is-baekpr-es ufe,-or-the pr-esen e f water- er- other
s4st-anee that would be objeetioneble, btA not ,,,,zar-d,,,s to heakh if ipAr-,,dueea in
the utility system, the utility system shall be Pr-oteeted by a double eheek valwe
assembly.
(3) For- pfemises where there is any material dangerous to hea4h that is handled-in
sueh a fashion as to efeate an aetua4 or- potential hazard to the tifility system,
utility system shall be pr-eteeted by an air- gap separation or- a r-edueed pr-esswe
pr-ineip.,l assembly.
(4) For- pr-emises where there are eress eenneetions that are not eentr-elled, ei
(5) For- premises where, beeause of seewity requirements or- other- prohibitions Of
restricttens, it is esiible-or- impfae ieal—to make eomplete in plaiA
eemeetien survey, the utility system sha4l be pr-oteeted ag-ainst baekflow from the
(6) For- premises where. in the opinion of the t4ifities direaer- or designee an undue
tti}ides-c�ireeter- or- designee shall eq e-an-a- gap-at the sef-vieeemeetion to
pr-oteet the u4ility system,
(7) For-premises where an iffigation system is eemeeted direetly to the utility system
dffetigh a-a iffigation meter-, the t4ilit-y system shall be pr-eteeted as folio
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i. On an open head spr-i&ler- iffigatien system and where sueh system is not
shall be required.
ii On an inigatien-systen not subjeet to aek sufe a pressure
breaker-assembly sha4l be required-.
iii.
ber-equifed,
iv. On an nzTgatien system with ehefniec 4 additives er-agents a r-edueeu
r,,
assembly required shall be subjeet to the appr-eva4 of the utilifies dir-eeter or-designee.
(i) In the case of an auxiliary water sum ley the public water system shall be
protected by an approved air g-ap or an approved reduced pressure principal
backflow prevention assembly.
(ii) In the case of water or a substance that would be objectionable but not
hazardous to health, if introduced into the public water system, the public
water system shall be protected by, at minimum,an approved double check
valve backflow prevention assembly, whichever is applicable in
accordance with Rule 62-555.360, F.A.C.
(iii) In the case of any material dangerous to health that is handled in such a
fashion as to create an actual or potential hazard to the public water system,
the public water system shall be protected by an approved air gap or an
approved reduced pressure principal backflow prevention assembly_
(iv) In the case of"uncontrolled" cross-connections, either actual or potential,
the public water system shall be protected by an approved air gap or an
approved reduced pressure principal backflow prevention assembly.
(v) In the case where, in the opinion of the Florida Department of
Environmental Protection or delegated County Health Department, an
undue health threat is posed because of the presence of extremely toxic
substances, the Florida Department of Environmental Protection or
delegated County Health Department may require an air gap. This
requirement will be at the discretion of the Florida Department of
Environmental Protection or delegated county health department and is
dependent upon the degree of hazards.
(vi) At or for a residential or non-residential dedicated irrigation service
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connection: PVB (pressure vacuum breaker) if backpressure cannot
develop in the downstream piping; or an RP (reduced-pressure principal
assembly) if backpressure could develop in the downstream piping. A DC
(double check valve assembly) may be provided only if both of the
following conditions are met: (1) the dedicated irrigation service
connection initially was constructed prior to May 4, 2014; and (2) no
chemicals are fed into the irri atg ion system.
(d) Assembly Standards and Specifications - Any backflow prevention device or
assembly required in this Section shall be of a make, model and size approved b. the
City of Dania Beach. The term "Approved Backflow Prevention Assembly" shall
mean an assembly that has been manufactured in full conformance with the standards
established by the American Water Works Association titled:
AWWA/ANSI C510-07 Standard for Double Check Valve Backylow Prevention
Assembly or latest edition; AWWA/ANSI C511-07 Standard for Reduced Pressure
Principal Backflow Prevention Assembly or latest edition; and, have met completely
the laboratory and field performance specifications of the Foundation for Cross-
Connection Control and Hydraulic Research (FCCHR) of the University of Southern
California established by: "Specifications of Backflow Prevention Assemblies" -
Section 10 of the most current edition of the Manual of Cross-Connection Control.
AWWA and USC FCCCHR standards and specifications have been adopted by the
water purveyor. Final approval shall be evidenced by a"Certificate of Compliance" for
the AWWA standards or a "Certificate of Approval" for the USC FCCCHR
Specifications, issued by an approved testing laboratory.
All installations must be performed by a certified or licensed professional.
(e) Testing and Maintenance Requirements
(i) It shall be the duty of the property owner to have tests made, at the sole
expense of the owner, upon required backflow assemblies installations and
at least once per year thereafter. Failed inspections, or those instances
where the Director of the Division deems the hazard to be great enough,
shall require replacement or repair of the backflow preventer. Likewise,
air gaps shall also be tested annually. These inspections shall be
performed only by a certified or licensed tester, and shall require a
premises permit issued by the City Public Works Department and shall be
conducted as set forth in the applicable provisions of the Florida Building
Code. Non-testable backflow devices that cannot be field-tested with test
gauges shall be inspected and assessed or verified by a plumber or
certified tester. Connection with non-testable devices must be assessed to
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determine the appropriate backflow preventer in accordance with Rule 62-
555.360, F.A.C. In instances where the water purveyor deems the hazard to
be great enough, inspections or certified field tests at more frequent
intervals may be performed. Such testing shall be performed by certified or
licensed testing_professional.
(ii) A field test report shall be created for all backflow preventer inspections
or field tests. Backflow prevention devices and assemblies shall be
repaired, overhauled or replaced whenever the devices or assemblies are
found to be defective. Where tests are made by the property owner,
confirmation documentation with results shall be provided to the purveyor
within 30 days of the test performance. The water purveyor shall retain
records of field tests, inspections or repairs of backflow devices and
assemblies as specified in this policy.
(iii) Right of Inspection— All premises served by the purveyor's watersystem
are under the ownership or control of the water purveyor. Therefore, all
aforementioned premises shall be open for inspection at all reasonable
times by authorized representatives of the water purveyor for the purpose
of determining whether unprotected cross-connections or other structural or
sanitary hazards, including violations of these regulations, exist. When
such a condition becomes known, the water purveyor shall immediately
coordinate, or require the property owner to coordinate, with a State
certified or licensed plumber or a licensed contractor to eliminate the
cross-connection by providingfphysical break in the service line or
correcting the condition(s) in conformance with this policy, local and state
regulations relating to plumbing and water supplies and the regulations
adopted pursuant to them. The City Department of Public Services shall:
monitor and report any prohibited or inappropriately_protected (non-
neutralized) cross-connections on any customer's property; monitor and
report customer's premises that are altered under a City issued building
permit that may change the backflow protection required for the service
connection to the customer; monitor and report when a connection is
reactivated or, when an existing customer reports that the customer is
modifying their water use practices or changing the nature of their
business. The City may elect, in its discretion, to conduct verification
testing using its personnel or an outside contractor as the City deems
appropriate. All costs of such confirmation testing shall be borne by the
owner of the premises and will consist of the City's personnel time and
material or the actual cost charged the City by the outside contractor, plus
a 10% administrative charge.
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(g) New Construction Plan Review - The water purveyor shall not provide water service
to a newly constructed facility without first performing a cross-connection control
hazard assessment of the facility and ensuring that the purveyor's water system is
protected according to this policy. In lieu of such a hazard assessment by the water
purveyor, receipt of a documented cross-connection control hazard assessment by a
plumbing inspector of the governmental entity requiring a building_permit may be
utilized. The conditions for service established by this policy must also be satisfied.
(h) Enforcement—
(i) The Public Services Director or designee shall be responsible for the
protection of the utility system from contamination or pollution due to the
backflow of contaminants or pollutants through water service connection.
When backflow prevention is required at the consumer's water service
connection or within such consumer's system, as provided in this section,
the Public Services Director or designee shall give notice in writing to
such consumer to install such approved backflow prevention assembly or
means.
(ii) Service of water to any facility on the water purveyor's premises may be
discontinued if an occupant, tenant or consumer interferes with or
obstructs the implementation of this policy. If it is found that a backflow
prevention assembly has been removed, bypassed, or if an unprotected
cross-connection exists on a tenant or consumer's premises, service shall be
discontinued. Service to a facility, tenant or consumer may be
discontinued immediately and without written notice if, in the opinion of
the water purveyor, such action is necessary to protect public health or the
public water supply. Service will not be restored until all circumstances,
conditions or defects causing discontinuance of service are fully corrected.
(e) The utilities Elir-eeter- or- designee sha4l be responsible for- the pr-eteefien of the t4i 4-
system r-frrvirreefAamina olltAien due to the baekfiew of eontaminan s of
the i i
s system, as
provided in this seetion, the tAilities diFeeter- or- designee shall give fiefiee in ya4fing
to sueh eensumer-to install sueh approved baekfiew pr-evefAien assembly or-means.
(iii) Record Keeping - Cross-connection control related records shall be retained for a
minimum of ten years commencing from the date of adoption of this policy and shall
be available for review by regulatory agencies when requested. At a minimum, the
following records shall be maintained:
a. Inventory - The water purveyor shall maintain, in a spreadsheet format, written
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inventory of all required backflow prevention assemblies present in the water
system. Such information will include a description of the hazard isolated at
each applicable premise, the location of each backflow assembly or air gap,
the type of backflow prevention assembly and, if not an air gap, information
describing the size, make, model and serial number of installed backflow
assemblies. The most recent inspection or test date or cross-connection control
survey of each required assembly will be noted "recorded, as well as the
installation and repair dates.
b. Test Reports and Certified Testers — Backflow device inspection and assembly
test, maintenance and repair reports shall be retained. Documentation
supporting the credentials of certified testers will be retained.
c. Other Documentation — Copies of all other cross-connection program
documentation will be retained, including service contracts, notifications to
customers, enforcement actions, backflow incident reports and other related
activity.
(1) The owner- -sh hurl have tested and den itm l cmcain the approved
baekflow prevention assembly or-means required by this seetion.
(2) Thee system l sh"luzr a open for- inspection fit-iali -ease-na le times t
au4hor-ized representatives of the tAilifies dir-eeter or designee to detefmine-
,.hethe-efess eanneetions E) other-thfe is to the„t;l;ty system exist.
(3) it shall be the dtAy E)f the ov,%er- at any premises wher--
baekiqew pr-even&n assembly other than an atmesph i . breaker- is
installed, to have eertified inspeetions and operational tests made at least eflee
every thfee (3) years. In those ifistanees where the tAilifies difeeter or- designee
deems the hazard to be great eneugh, eet4ified inspeetions may be r-equir-ed
�All be assessed for annual eeftifiea4ien eemplianee.
(n) All installations, imspeetions and tests shall be at the sole-expense=o the
dir-eeter- or- designee te see giat these tests are made in a timely fnafmen if afty
> >
sue
work shall be done wi�ia ten (10) working I ' - 1. efiee to the ev,%er- E)f the
need for- sueh work and all sueh work shall be done by a lieensed pIUMber- tmdef
tithe eensumen A eopyortle r-eeor-d of all sueh tests E)r- other- speeified in
e
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this section shall be to the—eity immediately r-eeeipt by the
eofisumer-of the r-ee0fd.
(i) Penalties-Termination of service - Any receiver of water service from the
City, failing to perform the required testing or make required repairs to a premises
backflow device, or both such testing and repair, shall be subject to termination of
service. Such terminations shall continue until all violations of this Policy are
corrected. The City may elect at its discretion to undertake such repair, testing or
both using its personnel, outside contractor or both as the City deems necessM to
correct the violation. All costs to repair, replace (or both) and test the violating
device plus City personnel time and material, plus a 10% administrative charge
shall be the responsibility of the violating party.
Section 5. Section 24-20 of the City Code of Ordinances is amended to read:
• Sec. 27-20. - Turning on and shutting off service connections.
(a) Use of curb cock by consumer. The curb cock on any and all service
connections shall not be in any way used by the consumer for turning on or
shutting off the water supply. All such turning on or shutting off the water
supply by the consumer shall be made with a separate stopcock, located or to
be located on the house or premises side of the service meter. All turning on or
shutting off of the water supply at and with the curb cock shall be done
exclusively by the department, except that in cases of extreme emergency the
consumer may temporarily shut off the water supply and contact the city
immediately to notify them about the shut off, any damage to the city water
system caused by such shut-off shall be determined and charged as a service
cost to the consumer.
(b) Charge for shutting off and turning on. There shall be no separate charge
made for shutting off the water supply to any premises, but in every instance
when the processing of such shutoff was originally scheduled for nonpayment
of any delinquent account or any other violation of any rule of the city, a
processing fee as established by resolution of the city commission will be
imposed. If the reconnection occurs during non-business hours, then the
reconnection is considered an emergency service, and a fee for such
emergency service shall be imposed as set forth by resolution of the city
commission.
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(c) Requests for shut-off or turn on. All requests by the consumer for shutting off
or turning on of the water supply shall be made to the finance department in
writing on forms prepared for that purpose.
(d) Accidents, breakdown, etc. In case of accidents, breakdown, shortage of water
supply or any causes beyond its control, because of any act or omission on the
part of the city or its agents, or in case of making repairs, renewals, or
replacements, the city reserves the right to shut off the water supply from any
one or any number of premises without notice, and shall in no manner be held
responsible for any consequences of such shut-off.
(e) Notice of shutoff. The department will give notice in the manner deemed in its
discretion to be most effective of any shut-off of the water supply wherever
and whenever the giving of such notice is practicable, but nothing in this
article shall be construed to require the giving of such notice under any
circumstances.
(f) Shut-off not cause for rebate or refund. The shutting off by the city of the
water supply and the discontinuance of service to any premise or premises for
any cause shall not entitle the consumer to any rebate or deduction in the water
service charges, nor to any refund of any such charges paid in advance during
or for the time of such shut-off unless such period of shut-off continues and
extends for more than one month from time of shut-off.
(g) Leaks and waste. Whenever the water supply to any premises has been shut
off because of leaks or waste, the procedures set forth in Section 27-17 shall
be followed.
Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. This ordinance shall be in full force and effect immediately upon its passage
and adoption.
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PASSED on first reading on June 26, 2018.
PASSED AND ADOPTED on second reading on October 9, 2018.
ATTEST:
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK ��. r" MAYOR
�8l/5HE'D��
APPROVED A TO RM AND CORRECTNESS:
f'
THOMA J. AN B O
CITY ATU Y
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