1997-369AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CONTROL
OF BACK_FLOW 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")
reqmres 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 eontarmnahon or pollution from a possible cross-connection or baekflow
entenng the potable water supply, and in order to comply with the applicable Commission
reqmremonts, desires to implement tins ordinance providing for the control of baekflow 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
Sectton 26.129 Backflow and Cross Connectton Control
a) To protect the public potable water supply of the City from the possibility of
contannnatlon or pollution by isolating within the City utility customer's internal
distribution system(s) 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 pollutxon by isolation of the customer's distribution system(s), which includes
provisions for backflow prevention
c) To promote the ehmmatann 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
Sectton 26.130. Defimttons
a) SUPERINTENDENT Means the Superintendent of Water Utthues F~eld Serwces of
the City of Denton, Texas under the superwslon of the Executive D~rector of
Utlhues, Assistant C~ty Manager For Ut~ht~es, heremafter referred to as "D~rector"
b) APPROVED Means accepted by the Superintendent of the C~ty as meeting an
apphcable spec~ficatton contained m th~s Ordinance
c) AUXILIARY WATER SUPPLY Means any water supply on or avmlable to the
customer's premises other than the approved C~ty pubhc water supply These
auxthary waters may include water from another pubhc potable water supply or any
nataral source(s) such as a well, spring, river, stream, "used waters", or "industrial
flmds" Auxthary waters may be contaminated, polluted, or may be objectionable
constltntmg an unacceptable water source over which the C~ty 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-s~phonage
e) BACK-PRESSURE Means the flow of water or other hqmds, m~xtures or
substances under pressure into the dlstr~bnt~on p~pes 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 hqmds, m~xtures or
substances into the thstnbut~on p~pes of a potable water supply system from any
source other than ~ts intended source caused by the sudden reduction of pressure m
the potable water supply system
g). BACKFLOWPREVENTER Means an assembly, device or other means designed to
prevent baekflow
1 AIR-GAP The unobstructed vertical d~stance tlxrough the free atmosphere
between the lowest opening from any p~pe or faucet supplying water to a tank,
plumbing fixture, or other dewce and the flood level run of smd vessel An
approved a~r-gap shall be at least double the d~ameter of the supply p~pe measured
vertically above the top of the overflow nm of the vessel and m no case less than
one tach (1")
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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 t~me 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 evaluatmn program
resulting m an approval by a recogmzed and approved testing agency for
backflow prevention assembhes as hsted in this ordinance The assembly shall
operate to maintain the pressure ~n 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 s~de of the dewce In
case of leakage of e~ther of the check valves the differential relief valve shall
operate to manntam the reduced pressure in the zone between the check valves by
discharging to the atmosphere When the ~nlet pressure ~s two pounds per square
tach or less, the rehef valve shall open to the atmosphere To be approved these
devices must be readily accessible for ln-hne testing and maintenance and be
installed m a locat~on where no part of the assembly will be submerged
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 specificatmns
as deternuned by a laboratory and field evaluation program resulting in an
approval by a recogmzed and approved testing agency for backflow prevention
assemblies To be approved under the terms of this ordinance, these assemblies
must be readily accessible for m-line testing and maintenance
ATMOSPHERIC VACUUM BREAKER A dewce which prevents back-siphonage
by creating an atmospheric vent when there ~s either a negative pressure or sub-
atmospheric pressure in a water system
PRESSURE VACUUM BREAKER A dewce containing one or two
~ndependently-operated spr~ng-loaded check valves and an independently-operated
spring-loaded air ~nlet valve located on the discharge side of the check or checks
Such a device includes t~ghtly closing shut-off valves on each s~de 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
0 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 flmds or waste hqmds, compounds or other materials, to a degree
which creates an actual or potentml hazard to the public health through poisoning or
through the spread of dtsease
k) CROSS-CONNECTION A cross-connectton means any connecnon or arrangement,
physical or otherwise, between a potable water supply system and any plumbing
fixture or any tank, receptacle, equipment or demce, through whmh ~t may be
possthle for non-potable, or used, or unclean, or polluted or contammated water, or
other substances, to enter into any part of such potable water system under any
condmon
1) CROSS-CONNECTION SECTION Means any physical connection or arrangement
of piping or fixtures between two otherwise separate p~pmg systems, one of which
contams potable water and the other non-potable water or industrial flmds 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 p~pe, swivel or change-over devices or shdmg mult~port tube
m) CROSS-CONNECTION- CONTROLLED Means a connection between a potable
water system and a non-potable water system w~th an approved back-flow preventmn
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 reqmred if determmed by the Supermtendent
of Water Utfl~taes Field Serwces
o) FIRE MARSHAL Means the Fire Marshal of the City
p) HAZARD, DEGREE OF An evaluatmn of the potentml risk to pubhc health and the
adverse effect of the hazard upon the potable water system which may include,
without lnmtat~on
1 HAZARD - HEALTH Any cond~tmn, dewce, or practice in the water supply
system or ~ts operation which creates or may create, m the judgment of the
Superintendent, a danger to the health and well-bemg of the water customers of
the City
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 pubhc water system or
the customers potable water system wfuch would constitute a nmsance or could
reasonably cause damage to the water system or 1ts 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 pubhc 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 m the system
q) INDUSTRIAL FLUIDS SYSTEM Means any system conta~nlng a fired or solution
wfuch may be chemically, b~ologically or otherwise contaminated or polluted ~n a
form or concentration such as would constttute a health, system, pollution or
plumbing hazard if introduced ~nto an approved water supply Th~s may include,
without lumtat~on, polluted or contaminated waters, all types of process waters,
"used waters" or~gmatmg from the pubhc potable water system wfuch may have
deteriorated m sanitary quality, chemicals ~n fluid form, plating acids and alkalies,
e~rculatmg eoohng waters connected to an open coohng tower and/or coohng towers
that are chemically or biologically treated or stab~hzed w~th toxic substances,
contammated natural waters (such as from wells, springs, streams, r~vers, bays,
harbors, seas, lrr~gat~on canals or systems, etc ), o~ls, gases, glycerine, paraffins,
canst~c and ac~d solutions, and other l~qmd or gaseous fluids used m industrial or
other processes, or for fire-fighting purposes
r) POLLUTION Means the presence of any foreign substance (whether organic,
morgamc, or b~ologlcal) m water, which tends to degrade 1ts quahty so as to
constttute a hazard, or lmpmr the usefulness or quahty 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 recogmzed standards
meets the reqmrements 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 ~s of questionable potab~hty
u) WATER - SERVICE CONNECTION Means the terminal end of a serwce connection
from the public potable water system, ~ e, where the C~ty loses jurisdiction and
samtary control over the water at its point-of delivery to the customer's water
system If a meter is mstalled 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 ~nclude water service connection from a fire hydrant and all
other temporary or emergency water service connections from the pubhc potable
water system
v) WATER - USED Means any water supphed 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 Cxty
w) USER OR CUSTOMER Means any individual, business, or sumlar public or
private entity who buys C~ty water for use in their own customer system
x) WATER SYSTEM Means the City water system which consists of the source
facilities and the dlstributmn system and shall include all those facilities of the City's
water system, up to the pomt where the customer's water system begins mcludmg,
w~thout limitation, d~strlbUtlOn hnes, treatment plants, reservoirs, pump stations,
roams, res~dentxal & commercial counect~ons, and any other parts or components
that comprise the pubhc water and wastewater system of the City Additionally the
following terms shall mean
(1) Customer's System The customer's system means those parts of the water
system fac~lmes beyond the termination of the City's distribution system which are
utilized ~n conveying utlllty-dehvered domestic water to points of use for its
customers
(2) Distribution System The C~ty's water distribution system shall include the
network of condmts used for the delivery of water from the source to the
customer's system
(3) Source The water source shall include all components of the City's water system
fac~htleS utilized m the production, treatment, storage, and delivery of water to the
C~ty's water distribution system
Sectton 26 131' Responstbthty
a) The Director through the Superintendent shall be responsible for the protection of
the pubhc potable water distribution system from contaminants or pollutants
through the customer's water serwce connection and ~s hereby vested with the
authority and responsxbllxty for the implementation of an effective cross control
program and shall enforce the prows~ons of th~s ordinance If, m the judgment of
the Supermtendent (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 pubhc water system, the
Superintendent (or his designated agent) shall g~ve not,ce m writing to said
customer to install an approved hackflow preventxon assembly or assemblies at
specific location(s) on such customer's premises The customer shall mediately
install such approved assemblies at hxs own expense, and, failure, refusal or
lnablhty on the part of the customer to so install, have tested and maintain said
assemblies shall constitute a ground for d~scontinuatlon of water service to the
customer's premises until such reqmrements have been satisfactorily met
b) The Bmldmg Official, through the Code Enforcement section, shall assxst the
Superintendent with the enforcement and xmplementatxon of thxs Ordinance The
Fire Marshall will also assist the Superintendent with enforcement and
maplementatlOn of this Ordinance The Fxre Marshall shall coordinate the annual
testing of applicable backflow preventmn assembhes with other required annual
testmg of fire suppression systems as provided m thxs ordinance
Sectton 26.132: Responstbthttes 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 Supenntendent or the City Building Official
b) The owner of leased premises is solely responsible for the installation, testing and
repmr of all baekflow assemblies on or about the leased premises When the
lessee or tenant changes, the owner shall lmmedmtely notify the Superintendent
c) The cost of complymg with these regulations shall be the responsibility of the
property owners and their lessees These costs include but are not lmalted to
purchasing, installation, testing and repair of the backfiow assemblies Such costs
shall also include point-of-use and premise-isolation assembhes The owner or
lessee shall reunburse the City for any extraordinary costs or costs of actual tests
or corrections performed or incurred at the premises by the City
Sectton 26.133 Customer Servtce lnspecttons
a) For those users who have applied for a building or plumbing permit from the
Building Official for new construction, or substantial rehablhtatlon, work on
existing plumbing systems, additions, corrections, or ~mprovements, 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 reeelvmg 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 Inspectmn
Certificate if the Building Official or Supermtendent of Water Utilities F~eld
Serwces has reason to believe that a cross-connection or other unacceptable
plumbing practice exists Alternatively, the Building Official or Superintendent of
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Water Utthtles Field Services may elect to provide a Customer Service Inspection
Certificate for the building perrmt applicant or building owner
b) Only those mdiwduals w~th the following credentials shall be eligible to conduct a
customer service inspection and sign the cerUficate
1) Plumbing Inspectors and Water Supply Protection Specialists
hcensed by the Texas State Board of Plumbing Examiners
2) Certified Waterworks Operators
3) Lxcensed plumbers may perform customer service inspections on
smgle-famaly residential serwces only
c) The Building Official shall submit the original Customer Serwce Inspection
Certificates to the Superintendent of Water UtIhtIes Field Serwces The
Superintendent shall retain these cemficates on file for a period of ten years The
certlficat~on shall be of a form acceptable to the Superintendent A sample
eemfieat~on form is shown ~n Exhibit B which is attached hereto and incorporated
herewith by reference and made a part of this Ordinance for all purposes The
Supenntendent may from tale to ume modify or amend the form of this
cemficaUon form, ~n h~s sound thscreuon
d) The customer's water system shall comply with the requirements hsted below, and
the cemficaUon form shall certify the followmg that there ~s
1) No direct connection between the public drinking water supply and a
potential source of contamination That potential sources of
contammation are isolated from the pubhc water system by an air-gap or
an appropriate backflow prevention assembly m accordance with state
plumbing regulatmns Additionally, that all pressure relief valves and
thermal expansion dewces are ~n compliance with the C~ty's Plumbing
Code
2) No cross-connection in existence between the pubhc drinking water
supply and a private water source,
3) No connectmn ~n existence which would allow the return of water used
for condensing, coolmg or industrial processes back to the pubhc water
supply,
4) No pipe or p~pe fitting which contains more than 8 0% lead existing in
private plumbing facilities ~nstalled on or after July 1, 1988,
5) No solder or flux which contains more than 0 2% lead existmg m
customers' plumbing facilities mstalled on or after July 1, 1988,
6) No plumbing fixture installed which is not ~n comphance with the state-
approved plumbing code
e) As unacceptable plumbing practices are d~scovered, users shall eliminate those
practices to prevent possible contamlnat~on of the water distribution system
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Section 26.134 Procedures for Backflow Preventton
a) No water service connection to any premises shall be installed or maintained
by the C~ty unless and until the water supply ~s protected as requtred by State
and Federal laws and regulations and this Ordmance including, w~thout
lunltat~on, the regulations of the Commission Serwce of water to any
premises shall be discontinued by the C~ty d a backflow prevention assembly
reqmred by this Ordinance ~s not installed, tested and maintained, or ff ~t ~s
found that a baekflow prevention assembly has been removed or bypassed, or
ff an unprotected cross-connection exists on the premises Serwce will not be
restored until such conditions or defects are corrected The Superintendent
may pursue other remedies to ensure comphance w~th th~s Ordmance If
reqmred, all users shall prowde, maintain and routinely test approved
backflow assembhes as reqmred by the C~ty Plumbing Code and by th~s
Ordinance The Superintendent may require the installation of approved
baekflow assembhes as deemed necessary Residential dwethngs w~th lawn~
watering dewces shall requare a backflow prevention dewce All other lawn-
watering dewces shall reqmre 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
tunes to authorized representatives of the City to determine whether cross-
connections or other system or samtary hazards, mcludmg wnlat~ons of th~s
Ordinance, exist
c) No cross-connection shall be permnted between any system of piping supphed
by water from the mares of the C~ty Water System, and any other source of
supply, whether public or private
d) Where City water ~s used by a customer as an aux~hary supply to a roof or
suction tank, which is also suppl~ed by water from any other source, such tank
shall not be of the pressure type. but shall be an open type contammg a vent
The delivery of C~ty water shall be above the tank overflow r~m and controlled
by an approved automatic valve
e) It shall be unlawful to maintain potable water storage tanks supphed only w~th
C~ty 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 stat~c water storage fac~ht~es, including ponds, serwng fare
suppression systems, shall be designed and bmlt so as to prevent the entrance
of cuntanunants to the C~ty's water system and shall also be subject to periodic
inspection by the City, through ~ts Water Department and maintained m a
manner m comphance w~th the standards and reqmrements of the
9
Commission Pumps taking suction from the City of Denton water supply
serving such statxc storage systems shall be ~nstalled or operated only upon
request or permit from the C~ty subject to their approval as to size, rate,
capamty and valwng arrangements Storage tanks supphed with C~ty water
shall reqmre an alr-gep or approved backflow assembly In such cases, a
spemfic backflow assembly shall be required at the service connectton
f) It shall be unlawful for anyone to interconnect private water supphes, ~ncludmg
w~thout lnmtatlon, deep well systems, with the C~ty Water System
g) If reqarred by the Superintendent, an approved backflow prevention assembly
shall be installed m each water serwce hne to a customer's water system at a
location at or near the property hne or ~mmedmtely lnstde the bmldmg bemg
served, but m all cases before the point where the first branch hne leading off
of the water serwce lme, wherever any of the followmg condmons ex~st
1 In the case of premises upon which any mdusmal fluids or any other
objectionable substances are handled tn such a manner as to result m an
actual or potential hazard to the pubhc water system, the pubhc system
shall be protected against hackflow from the premises by mstalhng an
approved backflow prevention assembly appropriate to the degree of
hazard m the serwce hne Thts shall include but not be lunlted to the
handling of process waters or waters originating from the water utthty
system which have been subject to deterloratton m quahty
2 In the case of premises hawng (1) ~nternal cross-connecttons that cannot be
permanently corrected and controlled, or (2) lnmcate plumbing and pxplng
arrangements, or (3) where emry to all pomons of the premxses ~s not
reathly accessible for lnspectton purposes making it impracticable or
maposs~ble to ascertain whether or not dangerous cross-connections ex~st,
the pubhc water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly tn the
water semce hne
3 Any nonresidential building greater than one story elevation
4 Any res~dentml bmldmg structure greater than two story elevation
h) The water supply to all boilers of users shall reqmre internal protection m the
form of an approved mr-gap separation or an approved reduced pressure
prmmple assembly
a) All bypass systems shall include a reqmred backflow assembly as determined by
the Superintendent
j) The type of protective assembly reqmred to be utilized by the customer shall
depend upon the degree of hazard, such as
10
1 In the case of any premises where there is water or any other substance that
would be objectionable but not hazardous to health ff introduced into the
public water system, the public water system shall be protected by an
approved double-check valve assembly or by an approved mr-gap
separation
2 In the case of any premxses where there is any materml dangerous to health
which is handled m such a fashion as to create an actual or potential lmzard
to the pubh¢ water system, the public water system shall be protected by an
approved mr-gap separation or an approved reduced-pressure principle
backflow prevention assembly Examples of premises where these
condmons could exist are hsted m Exhibit A, which ~s attached hereto and
~n¢orporated herewith and made a part of this ordinance for all purposes
The Superintendent, upon review of lndlwdual fa¢lht~es of the type hsted
on Exhibit A, may reqmre a double-cheak valve assembly ~f 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, e~ther actual or potential, the City Water System shall be
protected by an approved a~r-gap separation or an approved reduced-
pressure prlnmple backflow prevention assembly at the pmnt of service
colmectlon
4 In the case of any premises where, because of security reqmrements or
because of other prohibitions or restrictions, it is maposs~ble or mapractlcal
to make a complete m-plant cross-connecUon 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 serwce line to the prenuses
5 Any residential or conunercml user of City water shall provide backflow
prevention on all ~rngat~on systems within the C~ty Atmospheric or
pressure vacuum breakers shall be utlhzed on lrngat~on systems subject to
the degree of hazard, and subject to the approval of the Building Official
and the Superintendent
k) Any backflow prevention assembly reqmred hereto shall be of a model and a
s~ze approved by the Superintendent The term "Approved Backflow Prevention
Assembly" shall mean an assembly that has been manufactured m full
conformance with the standards established by the American Water Works
Association ("AW~VA") entitled "AWWA C506-78 Standards for Reduced
Pressure Pnncxple and Double Check Valve Backflow Prevention Devices", or
as such standards may be amended, which has completely met all laboratory and
field performance specfficat~ons of the Foundation for Cross-Connection Control
and Hydrauhc Research "FCCC & HR") of the Umverslty of Southern
Callforma estabhshed by Specifications of Backflow Prevention Dewces #69-2
dated March 1969 or the most current ~ssue thereof
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1 The above-stated AWWA and FCCC&HR standards and spec~ficatmns are
adopted by the Caty and the Supenntendent as the apphcable standards and
specifications respecting th, s Ordinance Final approval of any backflow
prevention assembly shall be evidenced by a "Certfficate of Approval"
~ssued by an approved testing laboratory cemfymg full comphance with the
above-stated AWWA standards and the above-stated FCCC&HR
specifications The following testing laboratories have been quahfied by the
Superintendent to test and certify backflow prevention assembly dewces
Foundation for Cross-Connection Control & Hydranhc Research
Umverstty of Southern Cahfornla
Umvers,ty Park
Los Angeles, CA 90007
Texas A & M Umvemty
Extension Services
College Station, TX 77843-8000
2 Testmg laboratories other than those hsted m paragraph k 1 above will be
added to an approved hst as they are qualified by the Superintendent
Backflow preventers whach may be subjected to back-pressure or back-
saphonage that have been fully tested and have been granted a Certfficate of
Approval by smd qualffied laboratories and are lasted on the laboratory's
current hst of "Approved Backflow Prevention Devices" may be used with
the written approval of a qualffied tester, as defined hereto
1) It shall be the responslbfitty of the Fare Marshal, Texas to determine the need for
double-detector check or hackflow preventaon assembhes related to fire
protection systems Th~s deternunat~on will be made on mdavadual mstallataons
of fire suppression systems
m) All backflow/backs~phonage assembhes shall be installed m accordance w~th
current C~ty Water Utility standards Vaults and dimensions shall also conform
to such standards
n) All assembhes, other than those related to fire protection systems, shall be
respected by the Bmldmg Officml or h~s desagnee upon completaon of smd
building or remodeling project or development, for approval by a quahfied
tester
o) Should any system supphed by Caty water be operated m molataon of any
prows~on of this Ordinance, the Superintendent shall direct that all service hnes
serving such system be completely dasconnected until th~s Ordinance has been
12
complied with Any cost of such disconnection and the estnnated cost of
reconnectlon shall be pad by the consumer before water serwce shall be
restored If fire protection is being supplied by the noncomphant 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 tn'ne as the user corrects the
problem, or the user's assemblies are tested, and thereafter charge the user for
such testmg The issuance of citations for violations of th~s Ordinance shall be
the responsibility of the Superintendent or the F~re Marshal However, the
owner of premises Is responsible for proper protection and all llablhty in
connection w~th all cross-connection wolatlons
p) All presently installed hackflow prevention assembhes that do not meet the
requirements of th~s Ordinance but which were approved devices for the
purposes described herein at the t~me of their lnstallatmn 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 assembfies will samfactorlly protect the City
Water System Whenever any existing demce is moved from ~ts 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 ~" in height, and of durable marking
materml
s) A plumbing pernut must be obtained for mstallatmn of all backflow prevention
assemblies
0 All approved hackflow assembhes shall be of the type which is basically non-
removable and installed m such a manner that removal of said assembly would
prohibit water flow
u) If a cross-connectmn arises, the Superintendent may recommend to the City
Manager that a Boll Water Order be made Such order shall provide protection
m such a hazardous s~tuatlon The duration of smd order shall be deternnned by
the Superintendent
v) All cases of cross-connectmn shall be immediately reported to the
Superintendent and the Building Official Such cases may also be submitted by
13
the City to the Umversity of Southern Callforma Foundation for Cross-
Connection Control and Hydrauhc Research as informational data only
, w) Internal protectmn surveys shall be performed once each year per establishment
and as further requuted by the Superintendent, in the interest of public health
and safety
x) Thermal Expansion It is the responsibility of the property owner to elnnmate
the poss~blhty 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 responslblhty of the City The City of
Denton Water Utlhtles Department may provide reasonable assistance to any
property owner regarding reformation respecting the adequate sizing of
assemblies, proper plumbing practices to provide for required pressure, and
flows for fire protection or domestic service
z) Mobde 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
reapplylng for such a pernut 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 tlus 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 hackflow 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 penalues
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
Supermtendent The C~ty reserves the right to require a reduced pressure
principle assembly or air-gap at the point of interconnect
14
Sectton 26-136 Assembly Testtng& Testers
a) The Superintendent shall adm~mster an inspection program to assure that back,low
prevention dewees are properly maintained and operated w~th~n the C~ty The
Supermtendent, la admuustermg 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 assembhes installed pursuant to the C~ty's Plumbing
Code are subject to ~nspect~on and testing by the Ctty Water Ut~lmes Department
b) The Superintendent w~ll respect and test, or cause to be respected and tested, all
assembhes m each of the following c~rcumstances
1) unmedlately after mstallatlon,
2) whenever the assembly ~s moved,
3) a mmunum of once a year for all assembhes for h~gh hazard uses,
4) any premise that has an RP assembly as premise ~solat~on w~thout h~gh
hazard point-of-use protection must be tested annually, and
5) immediately after repair
c) Assembhes may be reqmred to be tested more frequently than specdied m Section
IV A 2 above, ff the Superintendent deems the same necessary, m order to
safeguard the pubhe health and safety of the residents of the C~ty, or to protect the
C~ty's potable water supply
d) All assembly testing shall be performed by a certdied and registered backflow
prevention assembly tester, m accordance w~th C~ty-approved test procedures
e) It ~s the respons~bthty and expense of the property owner and the person m control
of the premises to have all assemblies tested ~n accordance w~th th~s Ordinance A
person who owns, operates, or manages premises m which reqmred backflow
prevention assemblies are installed shall mamtam at their expense such assemblies
m proper worl~ng order at all tunes, including repair as reqmred All maintenance
and repmr of assemblies shall be done m accordance w~th all apphcable provisions
of th~s Ordinance It shall be the duty of the Superintendent to see that these tests
are made m a tunely manner The user shall not~fy the Superintendent m advance
when the tests are to be undertaken so that the Superintendent or h~s representative
may w~tness the tests, d so desired These assembhes shall be repaired,
overhauled or replaced at the expense of the user whenever they are found to be
defective The user shall subnnt the original records of tests, repairs and overhauls
to the Supermtendent, and these test records shall be kept by the Superintendent for
a per~od of ant less than three years The test records shall be m a form acceptable
to the Superintendent of Water Utilities F~eld Serwces, an example of which ~s
shown m Exhibit C which ~s attached hereto and ~ncorporated hereto by reference
and made a part of th~s ordinance for all purposes If assembhes that serwce a
particular line, including f~re hydrants, etc, reqmre extended repair tune, the
owner shall notify the Superintendent or the C~ty F~re Department for those hues
serwng f~re suppression systems
15
f) The user shall maintain backflow prevention assembhes m 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 th~s Ordinance, If the person
owns or is in control of any prenuses and knowingly fails or refuses to have the
backflow prevention assemblies installed on sa~d premises respected, tested,
maintained or repaired as ordered, as required by thas Ordinance
h) The City shall not be liable for damage to any assembly that occurs during testing,
including without lumtation, 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 Baekflow Prevention Assembly Testers.
a) All baekflow assembly testers operating within the C~ty shall be cemfied 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 tn'ne of certification, recertlfieauon, 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 reqmred by the State of Texas and
the City to perform the contemplated servaees
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 proflclency examination conducted by the City on the
City Backflow and Cross Connection Ordinance (Sections 2(5-129 - 26-141 of the
Code of Ordmances), and
3) Receive conf'med space entry traimng certification, and
4) Mamtaln general commercial hablhty insurance and automobile habthty insurance
with the followmg 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 ff combined
5) Submit a completed application form to the Superintendent
d) A person commlts an offense if the person knowingly operates as a backflow
prevention assembly tester within the City w~thout holding a vahd certification
Issued by the Superintendent
16
26-138 Responstbdtttes of Certified Backflow Prevent, on Assembly Testers
a) No certified backflow assembly tester shall operate within the C~ty w~thout first
registering with the Superintendent The Superintendent shall deterrmne whether
an apphcant ~s eligible for registration
b) A registration for certified backflow assembly testmg shall remain m effect
prowded
1) The tester maintains eligibility for registration and certd'~catlon, and
2) The tester annually attends and successfully completes a recertd~cat~on training
course approved by the Superintendent, and
3) Such registration has not been revoked by the Superintendent
c) At the tune of recertdieat~on a tester shall renew his or her registration w~th the
Superintendent If a certification remains exptred for a per~od of one year or
greater, the tester shall re-estabhsh registration ehg~b~hty
d) Each apphcant for reglstratlon as a certd~ed backflow assembly tester shall
1) Prowde ewdence to the Superintendent to estabhsh that the apphcant has available
the necessary tools and eqmpment to properly test backflow prevention assembhes,
2) Prowde ewdence to the Superintendent that the apphcant that successfully
completed "Pernut Confined Space Entry Training" as specd~ed by the Federal
Occupational Safety and Health Agency m 29 CFR 1910 146, and
3) Identify all test guages the apphcant w~ll use ~n testing backflow prevention
assembhes Testers shall not be permitted to use duplex gauges when testing
assembhes
e) A registered backflow prevention assembly tester shall
1) F~le the serial number of each of h~s or her test k~ts with the Supermtendent,
2) Annually have each recorded test k~t tested for accuracy and calibrated to maintain
a 2 % accuracy factor,
3) Perform competent and accurate certdicat~ons of each backflow prevention
assembly tested and shall submit complete reports thereof to the Superintendent,
4) L~st registered serial numbers of test gauges on tests and maintenance reports
prior to submlttmg them to the Superintendent, and
5) Shall not change the design or operation characteristics of a backflow prevention
assembly
f) After ten (10) days written notice, the Supermtendent may revoke a registration d
the Supermtendent determmes that the tester
17
1) Has made false, incomplete, or inaccurate assembly testing reports, or
2) Has used inaccurate gauges, or
3) Has used nnproper testing procedures, or
4) Has expired insurance, or
5) Is not m comphance w~th apphcable safety regulations, or
6) Has failed to register the serml numbers of h~s or her test k~ts, or failed to
calibrate gauges annually as reqmred by this Ordinance, or
7) Has wolated any other prowslon of this Section
g) A person comnuts an offense if the person knowingly performs serwces as a
backflow preventmn assembly tester within the City w~thout obtalmng a vahd
registration ~ssued by the Supenntendent
Section 26-139 Falstfytng Information
Any person who lmowmgly makes any false statements, representauon or cert~ficauon m
any apphcatton, record, report, plan or other document filed or required to be
mamtamed pursuant to th~s Ordinance, or who fals~fies, tampers w~th, or knowingly
renders inaccurate any momtormg device reqmred under th~s Ordinance, shall, upon
conwct~on, be pumshed by a fine of not more than Two-Thousand Dollars ($2000 00)
per wolat~on or as otherwise may be authorized by law
Sectton 26-140 Penalttes and Enforcement
a) Any person who shall v~olate any prowslon of thxs Ordinance, or who shall fail to
comply w~th any prowsxon hereof, shall be guilty of a nnsdemeanor and, upon
conwcUon, shall be subject to a fine not less than One Hundred Dollars ($100 00)
nor more than Two Thousand Dollars ($2000 00) per wolatlon, and each day that
such wolat~on continues shall constxntte a separate offense, and such wolator shall be
pumshed accordmgly
b) Any person vlolaUng any of the prowsxons of th~s Ordinance shall become lmble to
the C~ty of Denton for any and all expense, loss or damage occasioned by the Cxty by
reason of such violation
c) In add~tton to the penalties prowded here~n, th~s ordinance ~s enforceable by
lnjunctxon or any other available remedy xn any court of competent junsdxCtlon The
City of Denton may recover its reasonable attorneys' fees, court costs, court
reporter's fees and other lxt~gat~on expenses of lltxgatlon agamst any person found to
have v~olated thxs Ordinance, or the orders, rules, regulatxons and permits ~ssued
hereunder
d) The Supenmendent, the Building Inspector, the F~re Marshall, or their duly
designated employees or any other personnel authorized to issue Class C
18
rmsdemeanor citations are authorized to ~ssue mtatmns for vmlat~ons of th~s
ordinance
Sectton 26-141 Repealer
As a cond~tmn of obtaining water service from the C~ty, customers shall install, maintain,
and operate their p~pmg and plumbing systems m accordance w~th the C~ty of Denton
Plumbing Code [Denton Code of Ordinances, Chapter 28, Article IV, §28-144 - 28-250] In
the event of a conflict between tins Ordinance and the C~ty of Denton Plumbmg Code, the
more restrmtlVe prows~on shall apply That all other ordinances or parts of ordinances m
force upon the effective date of this ordinance, which are inconsistent, or m conflmt w~th the
terms or prows~ons contained m th~s ordinance are hereby repealed to the extent of any such
conflict
SECTION II. That ~f any section, subsection, paragraph, sentence, clause, phrase Or
word m th~s ordinance, or apphcatlon thereof to any person or mrcumstances ~s held mvahd
by any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portmns of th~s ordinance, and the City Council of the C~ty of Denton, Texas,
hereby declares ~t would have enacted such remaining port~ons despite any such mvahd~ty
SECTION III That th~s ordinance shall become effective fourteen (14) days from the
date of ~ts passage, and the City Secretary ~s hereby d~rected to cause the caption of th~s
ordinance to be pubhshed twice m the Denton Record~Chromcle, the official newspaper of
the C~ty of Denton, Texas, w~thm ten (10) days of the date of its passage
PASSED AND APPROVED this the/~-'~ day of ..~,/~/t~ , 1997
19
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2O
EXHIBIT A: Facility Containment
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 marinas/dry docks [] Mortuaries
[] Car washes [] Nursing homes
[] Chemical manufacturing/storage [] Paper products
[] Cold storage [] Petroleum process
[] Commercial laundries [] Plating Plants
[] Dlalysls centers [] Piers/docks
[] Dry cleaners [] Plasma centers
[] Film processing [] Radioactive storage
[] Hospltals/chmcs [] Sewage pump stations
[] Ice manufacturing [] Sewage treatment
[] Laboratories [] Vetermarl/clinics
21
CITY OF DENTON, 901-A, Texas Street, Denton, TX 76201
EXHIBIT B: SAMPLE Service Inspection Certlficatmn.
NAME OF PWS: CITY OF DENTON
PWS I.D. #
SERVICE ADDRESS:
I ., upon inspection of the private plumbing facilities
connected to the aforementioned pubhc water supply do hereby certify that, to the best of my
knowledge
1 No direct connection between the pubhc drinking water supply and Compliance Non-Comphance
a potential source of contamlnatxon 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 Addmonally, all pressure relief O
valves and thermal expansion devices are m comphance with state
plumbing codes
2 No cross-connection between the pubhc drinking water supply and
a private water system exists Where an actual air gap is not
maintained between the pubhc water supply and private water
supply, an approved reduced pressure-zone backflow prevention
assembly 18 properly installed and a service agreement exists for O
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 O
water supply
4 No pipe or pipe fitting which contains more than 8 0% lead exists
in private plumbing faclhties installed on or after July 1, 1998 O
5 No solder or flux which contains more than 0 2% lead exists in
private plumbmg facilities installed on or after July 1, 1998 (2
6 No plumbing fixture ~s ~nstalled which ~s not in comphance with a
state approved plumbing code ~1
Water serwce shall not be provided or restored to the private plumbing facflmes until the
above conditions are determined to be in comphance
I further certdy that the following materials were used m the installation of the plumbing
facflmes
Service hnes Lead O Cooper O PVC O Other O
Solder Lead O Lead Free O Solvent Weld O Other O
22
I recogmz¢ that this document shall become a permanent record of the aforementmned Pubhc
Water System and that I am legally responsxble for the vahd~ty of the mformanon I have
prowded
S~gnature of Inspector Registration Number
T~tle Type of Registration
Date
23
CITY OF DENTON, 901-A, Texas Street, Denton, Texas 76201
EXHIBIT C: Sample Backflow Prevention Assembly Test and Mamtenance Report
The follownlg form must be completed for each a~sembly tested A signed and dated original must be subrmtted
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 ce~fied to be operating within acceptable parameters
TYPE OF ASSEMBLY
ca Reduce Pressure Pr,nclple ci Pressure Vacuum Breaker
ca Double Check Valve ~ Atmosphere Vacuum Breaker
Manufacturer S~ze
Model Number Located At
Serial Number
Reduced pressure principle assembly ~ ~ Pressure vacuum breaker
Double cheek valve Assembly i~!!~ ~i~ Air l~et Check valve
'~ '~'~' ~ ~i~! 1~' check 2nd check Rehef Opened at psld
~~/ Valve psld
Imtml Test DC-closed Closed tight ~ Opened at Dtd not openO Leaked [21
T~ght {2 Leak 0 ps~d
RP-
Leaked 0
Repairs and ~ ~ ~ ~ i~' ¢ · i ~*
materials used u~, ~ ~ *
Test after DC-closed Closed ught 121 Opened at Opened at ps~d
repair Tight [21 psxd ps~d
RP ps~d
The above ts certffied to be true
Nlrm Name Certified Tester
Nlrm Address Cert Tester No
Date
24