HomeMy WebLinkAboutAttachment 2 - 1997 Backflow Ordinance ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CONTROL
OF BACRFLOW AND CROSS-CONNECTIONS, REGULATING THE PROTECTION OF
THE CITY'S POTABLE WATER SUPPLY, PROVIDING PROTECTION ASSEMBLIES AS
REQUIRED, PROVIDING FOR A MAINTENANCE AND TESTING PROGRAM FOR SAID
ASSEMBLIES, PROVIDING FOR A PENALTY OF $2,000 FOR EACH VIOLATION OF
THIS ORDINANCE, AND PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING
FOR A REPEALER, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The Texas Natural Resource Conservation Commission ("Commission")
requires that municipal water suppliers enact a cross-control ordinance which implements a
cross-connection program which generally provides that all backflow prevention assemblies be
tested upon installation by a recognized backflow prevention assembly testor who is certified by
the State of Texas, and
WHEREAS, the City, in the interest of the public health of the community in order to
protect the public from contamination or pollution from a possible cross-connection or backflow
entering the potable water supply, and in order to comply with the applicable Commission
requirements, desires to implement this ordinance providing for the control of backflow and
cross-connections, and
WHEREAS, the City has provided for an enforcement group to promote the health,
safety, and welfare of its residents to facilitate and enforce this ordinance, in order to safeguard
the City's potable water supply,NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I._ That Article IV "Water and Sewer Service" of Chapter 26 of the City
Code is hereby amended to provide new Sections 26-129 through 26-141 which shall read as
follows
Section 26.129 Backflow and Cross Connection Control
a) To protect the public potable water supply of the City from the possibility of
contamination or pollution by isolating within the City utility customer's internal
distribution systems) or the customer's private water system(s), from such
contaminants or pollutants which could backflow into the public water system, and,
b) To protect the public water supply of the City from the possibility of contamination
or pollution by isolation of the customer's distribution system(s), which includes
provisions for backflow prevention
c) To promote the elimination or control of existing cross-connections, actual or
potential, between the customer's internal potable water distribution system(s) and
non-potable water systems, plumbing fixtures and industrial piping systems, and,
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d) To provide for a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the Water
System
Section 26,130, Definitions
a) SUPERINTENDENT Means the Superintendent of Water Utilities Field Services of
the City of Denton, Texas under the supervision of the Executive Director of
Utilities, Assistant City Manager For Utilities, hereinafter referred to as "Director"
b) APPROVED Means accepted by the Superintendent of the City as meeting an
applicable specification contained in this Ordinance
c) AUXILIARY WATER SUPPLY Means any water supply on or available to the
customer's premises other than the approved City public water supply These
auxiliary waters may include water from another public potable water supply or any
natural source(s) such as a well, spring, river, stream, "used waters", or "industrial
fluids" Auxiliary waters may be contaminated, polluted, or may be objectionable
constituting an unacceptable water source over which the City of Denton, Texas
water utility does not have sanitary control
d) BACKFLOW Means the reversal of the normal flow of water caused by either back-
pressure or back-siphonage
e) BACK-PRESSURE Means the flow of water or other liquids, mixtures or
substances under pressure into the distribution pipes of a potable water supply
system from any source or sources other than the intended source
f) BACK-SIPHONAGE Means the flow of water or other liquids, mixtures or
substances into the distribution pipes of a potable water supply system from any
source other than its intended source caused by the sudden reduction of pressure in
the potable water supply system
g) , BACKFLOW PREVENTER Means an assembly, device or other means designed to
prevent backflow
1 AIR-GAP The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water to a tank,
plumbing fixture, or other device and the flood level rim of said vessel An
approved air-gap shall be at least double the diameter of the supply pipe measured
vertically above the top of the overflow rim of the vessel and in no case less than
one inch (1")
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2 REDUCED PRESSURE PRINCIPLE ASSEMBLY An assembly of two
independently-acting approved check valves together with a hydraulically
operating, mechanically independent pressure relief valve located between the
check valves and at the same time below the first check valve The unit shall
include properly located test cocks and tightly closing shut-off valves at each end
of the assembly The entire assembly shall meet the design and performance
specifications as determined by a laboratory and field evaluation program
resulting in an approval by a recognized and approved testing agency for
backflow prevention assemblies as listed in this ordinance The assembly shall
operate to maintain the pressure in the zone between the two check valves at an
acceptable level less than the pressure on the public water supply side of the
device At cessation of normal flow, the pressure between the two check valves
shall be less than the pressure on the public water supply side of the device In
case of leakage of either of the check valves the differential relief valve shall
operate to maintain the reduced pressure in the zone between the check valves by
discharging to the atmosphere When the inlet pressure is two pounds per square
inch or less, the relief valve shall open to the atmosphere To be approved these
devices must be readily accessible for in-line testing and maintenance and be
installed in a location where no part of the assembly will be submerged
3 DOUBLE CHECK VALVE ASSEMBLY An assembly of two independently
operating approved check valves with tightly closing shut-off valves on each end
of the check valves, plus properly located test cocks for the testing of each check
valve The entire assembly shall meet the design and performance specifications
as determined by a laboratory and field evaluation program resulting in an
approval by a recognized and approved testing agency for backflow prevention
assemblies To be approved under the terms of this ordinance, these assemblies
must be readily accessible for in-line testing and maintenance
4 ATMOSPHERIC VACUUM BREAKER A device which prevents back-siphonage
by creating an atmospheric vent when there is either a negative pressure or sub-
atmospheric pressure in a water system
S PRESSURE VACUUM BREAKER A device containing one or two
independently-operated spring-loaded check valves and an independently-operated
spring-loaded air inlet valve located on the discharge side of the check or checks
Such a device includes tightly closing shut-off valves on each side of the check
valves and properly located test cocks for the testing of the check valve(s)
h) BUILDING OFFICIAL Means the Building Official of the City
i) COMMISSION Means the Texas Natural Resource Conservation Commission or
any successor agency
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j) CONTAMINATION Means an impairment of the quality of the potable water by
sewage, industrial fluids or waste liquids, compounds or other materials, to a degree
which creates an actual or potential hazard to the public health through poisoning or
through the spread of disease
k) CROSS CONNECTION A cross-connection means any connection or arrangement,
physical or otherwise, between a potable water supply system and any plumbing
fixture or any tank, receptacle, equipment or device, through which it may be
possible for non-potable, or used, or unclean, or polluted or contaminated water, or
other substances, to enter into any part of such potable water system under any
condition
1) CROSS CONNECTION SECTION Means any physical connection or arrangement
of piping or fixtures between two otherwise separate piping systems, one of which
contains potable water and the other non-potable water or industrial fluids of
questionable safety, through which, or because of which, backflow may occur into
the potable water system This would include any temporary connections, such as
swing connections, removable sections, four-way plug valves, spools, dummy
sections of pipe, swivel or change-over devices or sliding multiport tube
m) CROSS-CONNECTION - CONTROLLED Means a connection between a potable
water system and a non-potable water system with an approved back-flow prevention
assembly properly installed and maintained (so that it will continuously afford the
protection from the hazard of backflow)
n) CROSS-CONNECTION CONTROL BY CONTAINMENT Means the installation of
an approved backflow prevention assembly at the water service connection (meter) to
any customer's premises which shall be required if determined by the Superintendent
of Water Utilities Field Services
o) FIRE MARSHAL Means the Fire Marshal of the City
p) HAZARD, DEGREE OF An evaluation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system which may include,
without limitation
1 HAZARD - HEALTH Any condition, device, or practice in the water supply
system or its operation which creates or may create, in the judgment of the
Superintendent, a danger to the health and well-being of the water customers of
the City
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2 HAZARD - PLUMBING A cross-connection in a customer's potable water
system that has not been properly protected by an approved air-gap or approved
backflow prevention assembly
3 HAZARD - POLLUTION An actual or potential threat to the physical
properties of the water system or to the potability of the public water system or
the customers potable water system which would constitute a nuisance or could
reasonably cause damage to the water system or its appurtenances, but would
not be dangerous to health
4 HAZARD - SYSTEM An actual or potential threat of severe damage to the
physical properties of the public potable water system or the customers potable
water system, or of pollution or contamination which would have a protracted
effect on the quality of the potable water in the system
q) INDUSTRIAL FLUIDS SYSTEM Means any system containing a fluid or solution
which may be 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,
without limitation, polluted or contaminated waters, all types of process waters,
"used waters" originating from the public potable water system which may have
deteriorated in sanitary quality, chemicals in fluid form, plating acids and alkalies,
circulating cooling waters connected to an open cooling tower and/or cooling towers
that are chemically or biologically treated or stabilized with toxic substances,
contaminated natural waters (such as from wells, springs, streams, rivers, bays,
harbors, seas, irrigation canals or systems, etc ), oils, gases, glycerine, paraffins,
caustic and acid solutions, and other liquid or gaseous fluids used in industrial or
other processes, or for fire-fighting purposes
r) POLLUTION Means the presence of any foreign substance (whether organic,
inorganic, or biological) in water, which tends to degrade its quality so as to
constitute a hazard, or impair the usefulness or quality of the water to a degree
which does not create an actual hazard to the public health but which does adversely
and unreasonably affect such waters for domestic use
s) WATER - POTABLE Means any water which, according to recognized standards
meets the requirements of the Texas Department of Health for human consumption
and other domestic uses
t) WATER - NONPOTABLE Means water which is not safe for human consumption or
which is of questionable potability
u) WATER - SERVICE CONNECTION Means the terminal end of a service connection
from the public potable water system, i e , where the City loses jurisdiction and
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sanitary control over the water at its point-of delivery to the customer's water
system If a meter is installed at the end of the service connection, then the service
connection shall mean the downstream end of the meter There shall be no
unprotected takeoffs from the service line ahead of any meter or backflow prevention
assembly located at the point of delivery to the customer's water system Service
connection shall also include water service connection from a fire hydrant and all
other temporary or emergency water service connections from the public potable
water system
v) WATER - USED Means any water supplied by the City from a public potable water
system to a customer's water system, after it has passed through the point of delivery
and is no longer under the sanitary control of the City
w) USER OR CUSTOMER Means any individual, business, or similar public or
private entity who buys City water for use in their own customer system
x) WATER SYSTEM Means the City water system which consists of the source
facilities and the distribution system and shall include all those facilities of the City's
water system, up to the point where the customer's water system begins including,
without limitation, distribution lines, treatment plants, reservoirs, pump stations,
mains, residential & commercial connections, and any other parts or components
that comprise the public water and wastewater system of the City Additionally the
following terms shall mean
(1) Customer's S, st The customer's system means those parts of the water
system facilities beyond the termination of the City's distribution system which are
utilized in conveying utility-delivered domestic water to points of use for its
customers
(2) D1sWhHdQn System The City's water distribution system shall include the
network of conduits used for the delivery of water from the source to the
customer's system
(3) �c The water source shall include all components of the City's water system
facilities utilized in the production, treatment, storage, and delivery of water to the
City's water distribution system
Section 26 131• Responsibility
a) The Director through the Superintendent shall be responsible for the protection of
the public potable water distribution system from contaminants or pollutants
through the customer's water service connection and is hereby vested with the
authority and responsibility for the implementation of an effective cross control
program and shall enforce the provisions of this ordinance If, in the judgment of
the Superintendent (or his designated agent), an approved backflow prevention
assembly is required (at the customer's water service connection or within the
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customer's private water lines) for the safety of the public water system, the
Superintendent (or his designated agent) shall give notice in writing to said
customer to install an approved backflow prevention assembly or assemblies at
specific location(s) on such customer's premises The customer shall immediately
install such approved assemblies at his own expense, and, failure, refusal or
inability on the part of the customer to so install, have tested and maintain said
assemblies shall constitute a ground for discontinuation of water service to the
customer's premises until such requirements have been satisfactorily met
b) The Building Official, through the Code Enforcement section, shall assist the
Superintendent with the enforcement and implementation of this Ordinance The
Fire Marshall will also assist the Superintendent with enforcement and
implementation of this Ordinance The Fire Marshall shall coordinate the annual
testing of applicable backflow prevention assemblies with other required annual
testing of fire suppression systems as provided in this ordinance
Section 26.132: Responsibilities Of Users.
a) All property owners, lessees, and tenants shall obey the provisions of this
Ordinance If changes are made to the plumbing system of a customer, the
property owner shall notify the Superintendent or the City Building Official
b) The owner of leased premises is solely responsible for the installation, testing and
repair of all backflow assemblies on or about the leased premises When the
lessee or tenant changes, the owner shall immediately notify the Superintendent
c) 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 backflow assemblies Such costs
shall also include point-of-use and premise-isolation assemblies The owner or
lessee shall reimburse the City for any extraordinary costs or costs of actual tests
or corrections performed or incurred at the premises by the City
Section 26.133 Customer Service Inspections
a) For those users who have applied for a building or plumbing permit from the
Building Official for new construction, or substantial rehabilitation, work on
existing plumbing systems, additions, corrections, or improvements, and at the
request of the Building Official, the users shall submit to the Building Official the
original signed and dated Customer Service Inspection Certificate completed by a
qualified person prior to receiving a final plumbing inspection approval The
Building Official or the Superintendent of Water Utilities Field Services may also
require a user at an existing service to submit a Customer Service Inspection
Certificate if the Building Official or Superintendent of Water Utilities Field
Services has reason to believe that a cross-connection or other unacceptable
plumbing practice exists Alternatively, the Building Official or Superintendent of
Water Utilities Field Services may elect to provide a Customer Service Inspection
Certificate for the building permit applicant or building owner
b) Only those individuals with the following credentials shall be eligible to conduct a
customer service inspection and sign the certificate
1) Plumbing Inspectors and Water Supply Protection Specialists
licensed by the Texas State Board of Plumbing Examiners
2) Certified Waterworks Operators
3) Licensed plumbers may perform customer service inspections on
single-family residential services only
c) The Building Official shall submit the original Customer Service Inspection
Certificates to the Superintendent of Water Utilities Field Services The
Superintendent shall retain these certificates on file for a period of ten years The
certification shall be of a form acceptable to the Superintendent A sample
certification form is shown in Exhibit B which is attached hereto and incorporated
herewith by reference and made a part of this Ordinance for all purposes The
Superintendent may from time to time modify or amend the form of this
certification form, in his sound discretion
d) The customer's water system shall comply with the requirements listed below, and
the certification form shall certify the following that there is
1) No direct connection between the public drinking water supply and a
potential source of contamination That potential sources of
contamination are isolated from the public water system by an air-gap or
an appropriate backflow prevention assembly in accordance with state
plumbing regulations Additionally, that all pressure relief valves and
thermal expansion devices are in compliance with the City's Plumbing
Code
2) No cross-connection in existence between the public drinking water
supply and a private water source,
3) No connection in existence which would allow the return of water used
for condensing, cooling or industrial processes back to the public water
supply,
4) No pipe or pipe fitting which contains more than 8 0% lead existing in
private plumbing facilities installed on or after July 1, 1988,
S) No solder or flux which contains more than 0 2% lead existing in
customers' plumbing facilities installed on or after July 1, 1988,
b) No plumbing fixture installed which is not in compliance with the state-
approved plumbing code
e) As unacceptable plumbing practices are discovered, users shall eliminate those
practices to prevent possible contamination of the water distribution system
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Section 26,I34 Procedures for Back,f low Prevention
a) No water service connection to any premises shall be installed or maintained
by the City unless and until the water supply is protected as required by State
and Federal laws and regulations and this Ordinance including, without
limitation, the regulations of the Commission Service of water to any
premises shall be discontinued by the City if a backflow prevention assembly
required by this Ordinance is not installed, tested and maintained, or if it is
found that a backflow prevention assembly has been removed or bypassed, or
if an unprotected cross-connection exists on the premises Service will not be
restored until such conditions or defects are corrected The Superintendent
may pursue other remedies to ensure compliance with this Ordinance If
required, all users shall provide, maintain and routinely test approved
backflow assemblies as required by the City Plumbing Code and by this
Ordinance The Superintendent may require the installation of approved
backflow assemblies as deemed necessary Residential dwellings with lawn-
watering devices shall require a backflow prevention device All other lawn-
watering devices shall require an approved backflow assembly The type of
device shall be determined by the Superintendent
b) The customer's water system shall be open for inspection at all reasonable
times to authorized representatives of the City to determine whether cross-
connections or other system or sanitary hazards, including violations of this
Ordinance, exist
c) No cross-connection shall be permitted between any system of piping supplied
by water from the mains of the City Water System, and any other source of
supply, whether public or private
d) Where City water is used by a customer as an auxiliary supply to a roof or
suction tank, which is also supplied by water from any other source, such tank
shall not be of the pressure type, but shall be an open type containing a vent
The delivery of City water shall be above the tank overflow rim and controlled
by an approved automatic valve
e) It shall be unlawful to maintain potable water storage tanks supplied only with
City water, unless the tanks are satisfactorily built and covered so as to
prevent the entrance of contaminants These tanks and static storage systems
and other static water storage facilities, including ponds, serving fire
suppression systems, shall be designed and built so as to prevent the entrance
of contaminants to the City's water system and shall also be subject to periodic
inspection by the City, through its Water Department and maintained in a
manner in compliance with the standards and requirements of the
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Commission Pumps taking suction from the City of Denton water supply
serving such static storage systems shall be installed or operated only upon
request or permit from the City subject to their approval as to size, rate,
capacity and valving arrangements Storage tanks supplied with City water
shall require an air-gap or approved backflow assembly In such cases, a
specific backflow assembly shall be required at the service connection
f) It shall be unlawful for anyone to interconnect private water supplies, including
without limitation, deep well systems, with the City Water System
g) If required by the Superintendent, an approved backflow prevention assembly
shall be installed in each water service line to a customer's water system at a
location at or near the property line or immediately inside the building being
served, but in all cases before the point where the first branch line leading off
of the water service line, wherever any of the following conditions exist
1 In the case of premises upon which any industrial fluids or any other
objectionable substances are handled in such a manner as to result in an
actual or potential hazard to the public water system, the public system
shall be protected against backflow from the premises by installing an
approved backflow prevention assembly appropriate to the degree of
hazard in the service line This shall include but not be limited to the
handling of process waters or waters originating from the water utility
system which have been subject to deterioration in quality
2 In the case of premises having (1) internal cross-connections that cannot be
permanently corrected and controlled, or (2) intricate plumbing and piping
arrangements, or (3) 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 from the
premises by installing an approved backflow prevention assembly in the
water service line
3 Any nonresidential building greater than one story elevation
4 Any residential building structure greater than two story elevation
h) The water supply to all boilers of users shall require internal protection in the
form of an approved air-gap separation or an approved reduced pressure
principle assembly
i) All bypass systems shall include a required backflow assembly as determined by
the Superintendent
j) The type of protective assembly required to be utilized by the customer shall
depend upon the degree of hazard, such as
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1 In the case of any premises where there is water or any other 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 an
approved double-check valve assembly or by an approved air-gap
separation
2 In the case of any premises where there is any material dangerous to health
which 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 separation or an approved reduced-pressure principle
backflow prevention assembly Examples of premises where these
conditions could exist are listed in Exhibit A, which is attached hereto and
incorporated herewith and made a part of this ordinance for all purposes
The Superintendent, upon review of individual facilities of the type listed
on Exhibit A, may require a double-check valve assembly if he determines
that the degree of hazard for that particular user is low
3 In the case of any premises where there are "uncontrolled" cross-
connections, either actual or potential, the City Water System shall be
protected by an approved air-gap separation or an approved reduced-
pressure principle backflow prevention assembly at the point of service
connection
4 In the case of any premises where, because of security requirements or
because of other prohibitions or restrictions, it is impossible or unpractical
to make a complete in-plant cross-connection survey, the Water System
shall be protected against backflow from the premises by either an approved
air-gap separation or an approved reduced-pressure principle backflow
prevention assembly in each water service line to the premises
5 Any residential or commercial user of City water shall provide backflow
prevention on all irrigation systems within the City Atmospheric or
pressure vacuum breakers shall be utilized on irrigation systems subject to
the degree of hazard, and subject to the approval of the Building Official
and the Superintendent
k) Any backflow prevention assembly required herein shall be of a model and a
size approved by the Superintendent 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 ("AWWA") entitled "AWWA C506-78 Standards for Reduced
Pressure Principle and Double Check Valve Backflow Prevention Devices", or
as such standards may be amended, which has completely met all laboratory and
field performance specifications of the Foundation for Cross-Connection Control
and Hydraulic Research "FCCC & HR") of the University of Southern
California established by Specifications of Backflow Prevention Devices #69-2
dated March 1969 or the most current issue thereof
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1 The above-stated AWWA and FCCC&HR standards and specifications are
adopted by the City and the Superintendent as the applicable standards and
specifications respecting this Ordinance Final approval of any backflow
prevention assembly shall be evidenced by a "Certificate of Approval"
issued by an approved testing laboratory certifying full compliance with the
above-stated AWWA standards and the above-stated FCCC&HR
specifications The following testing laboratories have been qualified by the
Superintendent to test and certify backflow prevention assembly devices
Foundation for Cross-Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, CA 90007
Texas A & M University
Extension Services
College Station, TX 77843-8000
2 Testing laboratories other than those listed in paragraph k 1 above will be
added to an approved list as they are qualified by the Superintendent
Backflow preventers which may be subjected to back-pressure or back-
siphonage that have been fully tested and have been granted a Certificate of
Approval by said qualified laboratories and are listed on the laboratory's
current list of "Approved Backflow Prevention Devices" may be used with
the written approval of a qualified tester, as defined herein
1)It shall be the responsibility of the Fire Marshal, Texas to determine the need for
double-detector check or backflow prevention assemblies related to fire
protection systems This determination will be made on individual installations
of fire suppression systems
m) All backflow/backsiphomge assemblies shall be installed in accordance with
current City Water Utility standards Vaults and dimensions shall also conform
to such standards
n) All assemblies, other than those related to fire protection systems, shall be
inspected by the Building Official or his designee upon completion of said
building or remodeling project or development, for approval by a qualified
tester
o) Should any system supplied by City water be operated in violation of any
provision of this Ordinance, the Superintendent shall direct that all service lines
serving such system be completely disconnected until this Ordinance has been
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complied with Any cost of such disconnection and the estimated cost of
reconnection shall be paid by the consumer before water service shall be
restored If fire protection is being supplied by the noncompliant system, the
City may elect to disconnect only the water service for non-fire suppression
uses, and may issue citations to the user until such time as the user corrects the
problem, or the user's assemblies are tested, and thereafter charge the user for
such testing The issuance of citations for violations of this Ordinance shall be
the responsibility of the Superintendent or the Fire Marshal However, the
owner of premises is responsible for proper protection and all liability in
connection with all cross-connection violations
p) All presently installed backflow prevention assemblies that do not meet the
requirements of this Ordinance but which were approved devices for the
purposes described herein at the time of their installation and which have been
properly maintained, shall, except for the inspection and maintenance
requirements, be excluded from the requirements of these rules only if the
Superintendent is assured that such assemblies will satisfactorily protect the City
Water System Whenever any existing device is moved from its present
location, or requires more than minimum maintenance, or when the
Superintendent finds that the maintenance constitutes a hazard to health, such
device shall be replaced by an approved backflow prevention assembly meeting
the requirements of this Ordinance
q) Test cocks shall be required on all backflow prevention assemblies
r) Identification, including the size, model number, and serial number shall be
placed on the actual device at least '/a" in height, and of durable marking
material
s) A plumbing permit must be obtained for installation of all backflow prevention
assemblies
t) All approved backflow assemblies shall be of the type which is basically non-
removable and installed in such a manner that removal of said assembly would
prohibit water flow
u) If a cross-connection arises, the Superintendent may recommend to the City
Manager that a Boil Water Order be made Such order shall provide protection
in such a hazardous situation The duration of said order shall be deternuned by
the Superintendent
v) All cases of cross-connection shall be immediately reported to the
Superintendent and the Building Official Such cases may also be submitted by
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the City to the University of Southern California Foundation for Cross-
Connection Control and Hydraulic Research as informational data only
w) Internal protection surveys shall be performed once each year per establishment
and as further required by the Superintendent, in the interest of public health
and safety
x) Thermal Expansion It is the responsibility of the property owner to elimmate
the possibility of thermal expansion, if a closed system has been created by the
installation of a backflow assembly
y) Pressure Loss Any water pressure drop caused by the installation of a
backflow assembly shall not be the responsibility of the City The City of
Denton Water Utilities Department may provide reasonable assistance to any
property owner regarding information respecting the adequate sizing of
assemblies, proper plumbing practices to provide for required pressure, and
flows for fire protection or domestic service
z) Mobile Units
1 A person who owns or operates any vehicle that uses water from the City of
Denton's public water system shall obtain a use permit from the Superintendent
before accessing the public water system The Superintendent may require a
fixed air-gap mounted on the top of such vehicle
2 The failure of any customer to comply with this Ordinance shall be grounds for
the City to revoke any use permit and to deny the customer the privilege of
reapplying for such a permit in the future
3 The Superintendent may deny a use permit to any person who is not in
compliance with this Ordinance (or who has a history of violating the
requirements of this Section) A person commits an offense if that person
operates or causes to be operated a vehicle in violation of this Section 26
4 Any tampering or removal of backflow assembly on any fire hydrant meter is
unlawful and will constitute a violation of this Ordinance by the person so
tampering or removing any assembly, who shall be subject to the penalties
provided by this Ordinance
Section 26-135. Wholesale Customers.
Every wholesale customer that has a contract for water services with the City shall
have an active, ongoing cross-connection program approved by the
Superintendent The City reserves the right to require a reduced pressure
principle assembly or air-gap at the point of interconnect
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Section 26-136 Assembly Testing & Testers
a) The Superintendent shall administer an inspection program to assure that backflow
prevention devices are properly maintained and operated within the City The
Superintendent, in administering the inspection program, shall take into account
the complexity and operating characteristics of the assembly and the protection
afforded the potable water system by the assembly Reduced pressure and double-
check backflow prevention assemblies installed pursuant to the City's Plumbing
Code are subject to inspection and testing by the City Water Utilities Department
b) The Superintendent will inspect and test, or cause to be inspected and tested, 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 assemblies for high hazard uses,
4) any premise that has an RP assembly as premise isolation without high
hazard point-of-use protection must be tested annually, and
5) immediately after repair
c) Assemblies may be required to be tested more frequently than specified in Section
IV A 2 above, if the Superintendent deems the same necessary, in order to
safeguard the public health and safety of the residents of the City, or to protect the
City's potable water supply
d) All assembly testing shall be performed by a certified and registered backflow
prevention assembly tester, in accordance with City-approved test procedures
e) It is the responsibility and expense of the property owner and the person in control
of the premises to have all assemblies tested in accordance with this Ordinance A
person who owns, operates, or manages premises in which required backflow
prevention assemblies are installed shall maintain at their expense 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 provisions
of this Ordinance It shall be the duty of the Superintendent to see that these tests
are made in a timely manner The user shall notify the Superintendent in advance
when the tests are to be undertaken so that the Superintendent or his representative
may witness the tests, if so desired These assemblies shall be repaired,
overhauled or replaced at the expense of the user whenever they are found to be
defective The user shall submit the original records of tests, repairs and overhauls
to the Superintendent, and these test records shall be kept by the Superintendent for
a period of not less than three years The test records shall be in a form acceptable
to the Superintendent of Water Utilities Field Services, an example of which is
shown in Exhibit C which is attached hereto and incorporated herein by reference
and made a part of this ordinance for all purposes If assemblies that service a
particular line, including fire hydrants, etc , require extended repair time, the
owner shall notify the Superintendent or the City Fire Department for those lines
serving fire suppression systems
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f) The user shall maintain backflow prevention assemblies in a manner that allows
them to be tested by a method that has been approved by the Superintendent
g) A person commits an offense under the provisions of this Ordinance, 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, tested,
maintained or repaired as ordered, as required by this Ordinance
h) The City shall not be liable for damage to any assembly that occurs during testing,
including without limitation, any damage that occurs during testing when such
damage results from metal fatigue or deteriorated metal when such damage occurs
under standard testing procedures
Section 26-137. Certification of Backflow Prevention Assembly Testers.
a) All backflow assembly testers operating within the City shall be certified in
accordance with all applicable regulations of the Commission and this Ordinance
No person shall operate as a backflow prevention assembly tester within the City
without first being annually certified by the Superintendent
b) At the time of certification, recertification, and upon the Superintendent request,
each person certified as a backflow prevention assembly tester shall furnish
evidence to show that he or she is insured and bonded to perform services on
private property, and has all licenses currently required by the State of Texas and
the City to perform the contemplated services
c) Persons certified as backflow prevention assembly testers shall meet the following
requirements
1) Hold a current Backflow Prevention Assembly testers' certification accepted by the
Commission, and
2) Successfully pass a hands-on proficiency examination conducted by the City on the
City Backflow and Cross Connection Ordinance (Sections 26-129 - 26-141 of the
Code of Ordinances), and
3) Receive confined space entry training certification, and
4) Maintain general commercial liability insurance and automobile liability insurance
with the following minimum policy limits $250,000 00 per person and
$500,000 00 per accident for bodily injury,and $100,000 00 per accident for
property damage, or $500,000 00 if combined
5) Submit a completed application form to the Superintendent
d) A person commits an offense if the person knowingly operates as a backflow
prevention assembly tester within the City without holding a valid certification
issued by the Superintendent
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1
26-138 Responsibiliftes of Certified Backflow Prevention Assembly Testers
a) No certified backflow assembly tester shall operate within the City without first
registering with the Superintendent The Superintendent shall determine whether
an applicant is eligible for registration
b) A registration for certified backflow assembly testing shall remain in effect
provided
1) The tester maintains eligibility for registration and certification, and
2) The tester annually attends and successfully completes a recertification training
course approved by the Superintendent, and
3) Such registration has not been revoked by the Superintendent
c) At the time of recertification a tester shall renew his or her registration with the
Superintendent If a certification remains expired for a period of one year or
greater, the tester shall re-establish registration eligibility
d) Each applicant for registration as a certified backflow assembly tester shall
1) Provide evidence to the Superintendent to establish that the applicant has available
the necessary tools and equipment to properly test backflow prevention assemblies,
2) Provide evidence to the Superintendent that the applicant that successfully
completed "Permit Confined Space Entry Training" as specified by the Federal
Occupational Safety and Health Agency in 29 CFR 1910 146, and
3) Identify all test guages the applicant will use in testing backflow prevention
assemblies Testers shall not be permitted to use duplex gauges when testing
assemblies
e) A registered backflow prevention assembly tester shall
1) File the serial number of each of his or her test kits with the Superintendent,
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 and shall submit complete reports thereof to the Superintendent,
4) List registered serial numbers of test gauges on tests and maintenance reports
prior to submitting them to the Superintendent, and
S) Shall not change the design or operation characteristics of a backflow prevention
assembly
f) After ten (10) days written notice, the Superintendent may revoke a registration if
the Superintendent determines that the tester
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1) Has made false, incomplete, or inaccurate assembly testing reports, or
2) Has used inaccurate gauges, or
3) Has used unproper testing procedures, or
4) Has expired insurance, or
5) Is not in compliance with applicable safety regulations, or
6) Has failed to register the serial numbers of his or her test kits, or failed to
calibrate gauges annually as required by this Ordinance, or
7) Has violated any other provision of this Section
g) A person commits an offense if the person knowingly performs services as a
backflow prevention assembly tester within the City without obtaining a valid
registration issued by the Superintendent
Section 26-139 Falsifying Information
Any person who knowingly makes any false statements, representation or certification in
any application, record, report, plan or other document filed or required to be
maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device required under this Ordinance, shall, upon
conviction, be punished by a fine of not more than Two-Thousand Dollars ($2000 00)
per violation or as otherwise may be authorized by law
Section 26-140 Penalties and Enforcement
a) Any person who shall violate any provision of this Ordinance, or who shall fail to
comply with any provision hereof, shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not less than One Hundred Dollars ($100 00)
nor more than Two Thousand Dollars ($2000 00) per violation, and each day that
such violation continues shall constitute a separate offense, and such violator shall be
punished accordingly
b) Any person violating any of the provisions of this Ordinance shall become liable to
the City of Denton for any and all expense, loss or damage occasioned by the City by
reason of such violation
c) In addition to the penalties provided herein, this ordinance is enforceable by
injunction or any other available remedy in any court of competent jurisdiction The
City of Denton may recover its reasonable attorneys' fees, court costs, court
reporter's fees and other litigation expenses of litigation against any person found to
have violated this Ordinance, or the orders, rules, regulations and permits issued
hereunder
d) The Superintendent, the Building Inspector, the Fire Marshall, or their duly
designated employees or any other personnel authorized to issue Class C
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misdemeanor citations are authorized to issue citations for violations of this
ordinance
Section 26-141 Repealer
As a condition of obtaining water service from the City, customers shall install, maintain,
and operate their piping and plumbing systems in accordance with the City of Denton
Plumbing Code [Denton Code of Ordinances, Chapter 28, Article IV, §28-144 -- 28-2501 In
the event of a conflict between this Ordinance and the City of Denton Plumbing Code, the
more restrictive provision shall apply That all other ordinances or parts of ordinances in
force upon the effective date of this ordinance, which are inconsistent, or in conflict with the
terms or provisions contained in this ordinance are hereby repealed to the extent of any such
conflict
SECT O_� N II. That if any section, subsection, paragraph, sentence, clause, phrase Or
word in this ordinance, or application thereof to any person or circumstances is held invalid
by any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the City of Denton, Texas,
hereby declares it would have enacted such remaining portions despite any such invalidity
SECTION III That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the 164 day of ��r�6� , 1997
r
JA LLER, MAYOR
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
'BY
APPF9ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
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EXHIBITQjInAaln
FACILITIES THAT REQUIRE HIGH HAZARD, PREMISES ISOLATION
PROTECTION
SAMPLE OF HIGH HAZARDS
Approved Air Gap or Reduced Pressure Backflow Assembly (Reduced Pressure Detection
Assembly) at Service Connection
❑ Battery manufacturing/repair ❑ Meat rendering
❑ Beverage bottling ❑ Metal plating
❑ Boat marmas/dry docks ❑ Mortuaries
❑ Car washes ❑ Nursing homes
❑ Chemical manufacturing/storage ❑ Paper products
❑ Cold storage ❑ Petroleum process
❑ Commercial laundries ❑ Plating Plants
❑ Dialysis centers ❑ Piers/docks
❑ Dry cleaners ❑ Plasma centers
❑ Film processing ❑ Radioactive storage
❑ Hospitals/clinics ❑ Sewage pump stations
❑ Ice manufacturing ❑ Sewage treatment
❑ LaborAtories 1 ❑ Veterinary clinics
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CITY OF DENTON, 901-A, Texas Street, Denton, TX 76201
EXHIBIT B: SAMPLE Service Inspection Certification.
NAME OF PWS: CITY OF DENTON
PWS I.D. #
SERVICE ADDRESS:
I , upon inspection of the private plumbing facilities
connected to the aforementioned public water supply do hereby certify that, to the best of my
knowledge
1 No direct connection between the public drinking water supply and Compliance Non-Compliance
a potential source of contamination exists Potential sources of
contamination are isolated from the public water system by an air
gap or an appropriate backflow prevention assembly in accordance
with state plumbing regulations Additionally, all pressure relief ❑ ❑
valves and thermal expansion devices are in compliance with state
plumbing codes
2 No cross-connection between the public drinking water supply and
a private water system exists Where an actual air gap is not
maintained between the public water supply and private water
supply, an approved reduced pressure-zone backflow prevention
assembly is properly installed and a service agreement exists for ❑ ❑
annual inspection and testing by a certified backflow prevention
device tester
3 No connection exists which would allow the return of water used
for condensing, cooling or industrial processes back to the public ❑ ❑
water supply
4 No pipe or pipe fitting which contains more than 8 0% lead exists
in private plumbing facilities installed on or after July 1, 1998 ❑ ❑
S No solder or flux which contains more than 0 2% lead exists in
private plumbing facilities installed on or after July 1, 1998 ❑ ❑
6 No plumbing fixture is installed which is not in compliance with a
state approved plumbing code ❑ ❑
Water service shall not be provided or restored to the private plumbing facilities until the
above conditions are determined to be in compliance
I further certify that the following materials were used in the installation of the plumbing
facilities
Service lines Lead ❑ Cooper ❑ PVC ❑ Other ❑
Solder Lead ❑ Lead Free ❑ Solvent Weld ❑ Other ❑
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I recognize that this document shall become a permanent record of the aforementioned Public
Water System and that I am legally responsible for the validity of the information I have
provided
Signature of Inspector Registration Number
Title Type of Registration
Date
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I
CITY OF DENTON, 901-A, Texas Street, Denton, Texas 76201
EXHIBIT C: Sample Backtlow Prevention Assembly Test and Maintenance Report
The following form must be completed for each assembly tested A signed and dated original must be submitted
to the public water supplier for recordkeepmg purposes
BACKFLOW PREVENTION ASSEMBLY TEST AND MAINTENANCE REPORT
NAME OF PWS• CITY OF DENTON
PWS I.D. #
SERVICE ADDRESS
The backflow prevention assembly detained below has been tested and maintained as required by TNRCC
regulations and is certified to be operating within acceptable parameters
TYPE OF ASSEMBLY
❑ Reduce Pressure Principle ❑ Pressure Vacuum Breaker
❑ Double Check Valve ❑ Atmosphere Vacuum Breaker
Manufacturer Size
Model Number Located At
Serial Number
Reduced pressure principle assembly Pressure vacuum breaker
Double check valve Assembly a Air inlet Check valve
€ 111 check 2n,check Relief Opened at psid
Valve psid
Initial Test DC-closed Closed tight❑ Opened at Did not open❑ Leaked ❑
Tight ❑ Leak ❑ psid
RP-
Leaked U
Re airs and €r� �� NMT
6�'j i f
p 1�� q ` ;
materials used '
Test after DC-closed Closed tight❑ Opened at Opened at psid
repair Tight ❑ psid psid
RP psid
The above is certified to be true
Firm Name Certified Tester
Firm Address Cert Tester No
Date
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