Item 2 - Chapter 15 Cross Connection Regulations — original pdf

Backup

..De Item 2 Water & Wastewater Commission: March 12, 2025 Council: April 10, 2025 Posting Language ..Title Recommend approval of an ordinance repealing and replacing City Code Chapter 15-1 (Cross-Connection Regulations) to address changes to the nationally recognized plumbing codes, current Texas Commission on Environmental Quality (TCEQ) regulations and the expanded use of alternate water sources. Funding: This item has no fiscal impact. Lead Department Austin Water. Prior Council Action: January 8, 2004 – Council approved an ordinance repealing and replacing Chapter 15-1 of the City Code relating to cross-connection regulations. June 8, 2006 – Council approved an ordinance amending the definitions in Chapter 15-1 of the City Code relating to cross-connection regulations. Council Committee, Boards and Commission Action: March 12, 2025 – to be reviewed by the Water and Wastewater Commission. Additional Backup Information: Austin Water’s Cross Connection and Backflow Prevention Program administers City, state, and federal regulations to protect public health and safety. This program works to prevent cross-connections by ensuring safeguards to protect the public drinking water system from contamination hazards. Cross-connections between Austin Water’s system and alternative water systems must also be prevented to protect water quality. Regulations apply to all sites with alternative water systems, contaminants and pollutants to ensure appropriate backflow protections are in place. Backflow events occur when water flow is reversed, and non-potable water or other substances enter the drinking water system through back pressure. Austin Water ensures that backflow prevention devices are installed and maintained, which includes minimum requirements for backflow prevention assembly (BPA) installation, testing, maintenance, and reporting. This backflow prevention and cross-connection ordinance was last updated by Council in 2006, with most updates occurring in 2004. The proposed updates address properties’ increased use of alternate water systems as well as regulatory changes that EPA and TCEQ have made. Additionally, the City’s Development Services Department has requested that all plumbing code requirements for cross-connection control and backflow prevention be moved into Chapter 15-1 instead of Chapter 25-12, where the City’s Plumbing Code and local amendments are codified. The Affordability Impact Statement confirms there are no additional anticipated costs to housing and provides neutral impacts for development costs.  Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes ORDINANCE NO. ____________ AN ORDINANCE REPEALING AND REPLACING CHAPTER 15-1 (CROSS- CONNECTION REGULATIONS). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Chapter 15-1 (Cross-Connections) is repealed and replaced to read as follows: CHAPTER 15-1. CROSS-CONNECTION REGULATIONS ARTICLE 1. GENERAL PROVISIONS. § 15-1-1 APPLICABILITY. This chapter applies to a person or public water system receiving potable water from the City. § 15-1-2 DEFINITIONS. The following definitions apply throughout this chapter: (1) AIR GAP means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor, sink, or other appurtenance and the flood level rim of the receptacle. (2) ALTERNATE WATER SUPPLY or ALTERNATE WATER SOURCE means a water supply from a source other than the City's potable water supply. (3) BACKSIPHONAGE means the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a pressure less than atmospheric in such pipe. Page 1 of 66 COA Law Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (4) BACKFLOW means the flow of water or other liquids, mixtures, gases, or substances into the distributing pipes of a potable supply of water from sources other than its intended source. (5) BACKFLOW PREVENTION ASSEMBLY means an aggregation of devices designed to prevent backflow into the potable water system or the public water system, as defined by the Manual of Cross-Connection Control including, but not limited to, a reduced pressure principle backflow assembly, reduced pressure principle detector backflow prevention assembly type 1 and 2, double-check valve backflow prevention assembly, double check valve detector backflow prevention assembly type 1 and 2, pressure vacuum breaker assembly, or a spill- resistant pressure vacuum breaker backflow prevention assembly. (6) BACKFLOW PREVENTION DEVICE means a device designed to prevent backflow into the potable water system that complies with Table 15-1-14-A. (7) BACKPRESSURE means hydraulic or atmospheric pressure higher than the supply pressure. (8) COMMISSION means the Texas Commission on Environmental Quality. (9) CONTAINMENT PROTECTION means an approved backflow prevention assembly or air gap installed on the customer’s water supply line immediately downstream of the water meter. (10) CONTAMINATION or HIGH HAZARD means an impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, or waste. Also known as Health Hazard. (11) CROSS-CONNECTION means an actual or potential connection to a public or private water system through which it is possible to introduce a health hazard or a non-health hazard. Page 2 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 (12) CUSTOMER means: (a) an individual, partnership, association, firm, public or private corporation, governmental authority, or other legal entity that receives City utility service at a service address; (b) an owner of property that is connected to the City’s utility service at a service address, or (c) a person who receives the benefit of the City’s utility service. (13) DIRECTOR means the director of Austin Water or their designee. (14) FLOW-THROUGH means a hydraulic condition on sites with interconnected water service connections that results in any interconnected meter registering reverse flow. (15) LOW HAZARD or NON-HEALTH HAZARD means a cross-connection, potential pollution hazard, or other situation involving any substance that generally will not be a health hazard, but will constitute a nuisance, or be aesthetically objectionable, if introduced into the potable drinking water supply. (16) MANUAL OF Cross-Connection Control means the latest edition of the University of Southern California’s Manual of Cross- Connection Control. (17) ONSITE WATER RESUSE SYSTEM mean and onsite water reuse system that collects, treats and uses alternative water sources, including well, creek and lake sources, for non-potable uses at the building, generally at a location near the point of generation. (18) PLUMBING SYSTEM means: (a) all potable water, building supply, and distribution pipes; (b) all plumbing fixtures and traps; all drainage and vent pipes; and Page 3 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 (c) all building drains and building sewers, including their respective joints and connections, devices, receptors, and appurtenances within the property lines of the premises and includes potable water piping, alternate water source systems, onsite water reuse systems, irrigation systems, potable water treating or using equipment, medical gas and medical vacuum systems, liquid and fuel gas piping, and water heaters and vents for same. (19) POTABLE ALTERNATE WATER SYSTEM means a plumbing system that has an alternate water as its source and meets the standard of potable water. (20) POTABLE RAINWATER SYSTEM means a potable alternate water system that collects, stores, uses, and treats rainwater from a rooftop or other manmade aboveground collection surface and meets the standard of potable water. (21) POTABLE WATER means water that complies with the rules of the Commission and Austin Public Health for human consumption and other domestic uses. (22) PUBLIC WATER SYSTEM means a system for the provision of piped water for human consumption as defined in Section 290.38 (Definitions) of Title 30, Texas Administrative Code. (23) RECLAIMED WATER means domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of Chapter 321, Title 30, Texas Administrative Code. and other applicable rules and permits. (24) SERVICE CONNECTION means the point of connection between the public water system and the customer's water system. (25) SINGLE-CHECK VALVE means an independently acting internally loaded check valve. Page 4 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 (26) TESTABLE CHECK VALVE means a single check valve installed after the meter and property owners cut off valve with a test port installed between the check valve and the property owners cut off. (27) TESTER means a person licensed by the Commission and registered with Austin Water as a backflow prevention assembly tester. (28) USED WATER means water supplied by a public water system to a customer's water system that has passed through the service connection and is no longer under the control of the water purveyor. (29) UTILITY means Austin Water. § 15-1-3 RULEMAKING. The director may adopt rules and regulations to implement and interpret this chapter that are not in conflict with this chapter, the Plumbing Code, the Commission's Rules and Regulations for Public Water Systems and applicable state and federal rules and regulations. § 15-1-4 FEES. Council shall set the fees authorized by this chapter by separate ordinance. ARTICLE 2. CROSS CONNECTION CONTROL PROGRAM. § 15-1-11 CROSS CONNECTIONS PROHIBITED. (A) A person shall not: (1) install, maintain, or allow to exist a potable water supply, plumbing fixture, equipment, mechanism or construction device that creates a cross- connection, or allows reclaimed, contaminated, or polluted water, mixtures or other substances, or gases, to enter the private or public potable water system by back-siphonage, backpressure, or other means; Page 5 of 66 COA Law Department 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 (2) (3) (4) (5) (1) (2) Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes connect an alternate water supply to the City's public water system or a private plumbing system unless a backflow prevention assembly or air gap is installed as required by this chapter; use a chemical or substance that may cause pollution or contamination of the public or private potable water system without installing a backflow prevention assembly or backflow prevention device as required by this chapter; connect a reclaimed water system to the City's public water system or to the potable water system of a customer who receives potable water service from the City's public water system; or connect a vehicle or equipment capable of producing back siphonage or back pressure without installing a backflow prevention assembly or device as required by this chapter. (B) A person shall not install a backflow prevention assembly in a private plumbing system, fire protection system, process water system, irrigation system, or other water distribution system connected to the City's public water system unless: the assembly complies with Table 15-1-14-A; the assembly has been tested and listed as an approved backflow prevention assembly by the most recent listing from the University of Southern California Foundation for Cross Connection Control and Hydraulic Research; and (3) the installation complies with this Chapter and the Plumbing Code. (C) A person shall not install a backflow prevention device unless the installation complies with this Chapter and the plumbing code. Page 6 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 (D) A person shall not connect the public water system or a plumbing system to any other source of potable or non-potable water without approval by the director. (E) The director may not install or authorize the installation of a permanent water or reclaimed water meter unless the customer’s tester has submitted a test and maintenance report for each backflow prevention assembly installed on a site and all inspections are final as required by Chapter 25-12 Article 1 (Building Code). (F) A person shall not use a backflow prevention assembly or backflow prevention device unless: (1) (2) the backflow prevention assembly or backflow prevention device was lawfully in existence on March 1 2025; the use, maintenance, or repair of the backflow prevention assembly or device continued in accordance with the original design and location; and (3) no hazard to life, health, or property has been created by such installation. § 15-1-12 CUSTOMER DUTIES. (A) A customer shall install a new, replacement, or reconditioned backflow prevention assembly or backflow prevention device in accordance with this chapter and the Plumbing Code. (B) A customer shall have a new, replacement, or reconditioned backflow prevention assembly. tested upon installation by a tester. (C) A customer shall maintain current contact information with Austin Water. (D) Backflow prevention assemblies shall be tested in accordance with this subsection. (1) A customer whose site has a backflow prevention assembly shall have a tester test the backflow prevention assembly on or before the date Page 7 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes established by the director for a minimum of once a year if the backflow prevention assembly: (a) protects the potable water against a health hazard; or (b) protects the potable water against the following non-health hazards: (i) building isolation; (ii) fire hose cabinets; (iii) private fire hydrant; (iv) fire sprinkler; or (v) suite isolation. (2) A customer whose site has a backflow prevention assembly that protects the potable water from an irrigation system that does not use chemigation or fertigation shall have a tester test the backflow prevention assembly on or before the date established by the director for a minimum of once every two years. (3) (4) (5) If necessary to protect the City’s public water system, the director may require more frequent testing of backflow prevention assemblies by a tester. Each backflow prevention assembly shall be tested and reported in accordance with the procedures of the Manual of Cross-Connection Control. Not later than the fifth day after the date a new, replacement, or reconditioned backflow prevention assembly is tested, the customer’s tester shall submit the backflow prevention assembly test and maintenance report Page 8 of 66 COA Law Department 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 into Austin Water’s electronic database. The tester shall provide a copy of the test and maintenance report to the customer. (E) A customer is responsible for the general maintenance and upkeep of a backflow prevention assembly or backflow prevention device and shall pay the cost of installation, replacement, general maintenance, testing, and upkeep of a backflow prevention assembly or backflow prevention device as necessary to comply with the requirements of this chapter. (F) A customer shall repair or replace a backflow prevention assembly that fails a test before returning the backflow prevention assembly to service. The repaired assembly shall be retested by a tester immediately after repairs. (1) Except for critical care facilities, if a backflow prevention assembly fails is protecting against a high hazard, the customer is prohibited from turning on the downstream water until the backflow prevention assembly is repaired. (G) A customer may not remove from use, relocate, or substitute another backflow prevention device or backflow prevention assembly without the approval of the director. A replacement backflow prevention assembly must comply with this chapter. (H) A customer shall replace a backflow prevention assembly or backflow prevention device that: (1) is removed or relocated from an existing installation; (2) the director determines requires it cannot be repaired to pass any required testing more than minimum maintenance; or (3) constitutes a hazard to life, health, or safety. Page 9 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 (1) (2) (1) (2) (I) A person using a water-hauling vehicle to take water from the City’s public water system shall obtain a water meter under Chapter 15-3 (Fire Hydrant Regulation), and; permanently install an air gap or a reduced pressure principle backflow prevention assembly on the vehicle; or install a reduced pressure principle backflow prevention assembly on the fire hydrant or other connection to the City’s public water supply. (J) On or before the date established by the director, a person using a water-hauling vehicle to take water from the City’s public water system must annually; have the vehicle inspected and permitted by the utility as required by Chapter 15-3 (Fire Hydrant Regulation), and test the backflow prevention assembly and report the results of the test as required by this chapter. (K) Except for subsection (L), customers whose sites have multiple interconnected water service connections shall protect the public water system against hydraulic induced flow-through with an approved backflow prevention assembly at each service connection appropriate for the site. (L) For sites with existing service connections that complied with applicable regulations when the service connections were installed and do not have backflow prevention assemblies, the customer may install a testable check valve system at any meter registering reverse flow. The customer shall test the check valve any time the meter registers reverse flow. If the check valve fails to hold, the customer shall replace or repair the check valve at the customer’s expense. (M) Except for customers utilizing truck mounted water meters that are in compliance with this section, a customer who takes potable water from a fire hydrant for use at Page 10 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes a site must install and test a reduced pressure principle backflow prevention assembly before taking water and receive an operational permit as required by Chapter 15-3 (Fire Hydrant Regulation). § 15-1-13 IDENTIFICATION OF POTABLE AND NON-POTABLE WATER SYSTEMS (A) Except as provided under Subsection (B), if potable water and non-potable water systems are installed on the same site, then each system shall be labeled and identified with the following requirements: (1) Each water system shall be identified with a colored pipe or sleeve and coated with paints, wraps, and materials that are compatible with the piping. (2) A potable water system shall be identified with a green background and white lettering. (3) (4) (5) Except as required by subsections (6), (7) and (8), a non-potable water system shall have a yellow background with black uppercase lettering and be marked with the words: “CAUTION: NON-POTABLE WATER, DO NOT DRINK”. Potable or non-potable water systems shall be identified in a manner that designates the liquid being conveyed and shows the direction of normal flow. The minimum size of the letters and length of the color field shall comply with Table 15-1-13-A. For piping above grade, the background color and the required information shall be indicated every 20 feet (6,096 mm), on both sides of a wall or partition penetrated by the piping, and at least once in every story height traversed by the risers. The labeling shall be visible from the floor level. For piping below grade, the background color and the required information must be indicated every five feet (1524 mm). Page 11 of 66 COA Law Department 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (6) All reclaimed water piping or Onsite Water Reuse System piping inside a building shall be purple pipe or painted purple (Pantone color No. 512, 522C or equivalent). (7) All buried reclaimed or Onsite Water Reuse System water piping must be either manufactured in purple, painted purple, taped with purple metallic tape, or bagged in purple. (8) An alternate water source system shall have a purple (Pantone color No 512,522C or equivalent) background with uppercase black lettering and shall be field or factory marked as follows: (a) An Onsite Water Reuse System shall be marked with the words: “CAUTION: NON-POTABLE ONSITE WATER REUSE SYSTEM, DO NOT DRINK” in uppercase black letters. (b) A reclaimed water system shall be marked with the words: “CAUTION: NON-POTABLE RECLAIMED WATER SYSTEM, DO NOT DRINK” in uppercase black letters. (c) Other alternate water systems shall be marked with the words: “CAUTION: NON-POTABLE ALTERNATE WATER SOURCE, DO NOT DRINK” in uppercase black letters. (B) A water system is not required to be labeled if: (1) the system is for potable water inside a building and the non-potable system does not enter the building; 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 Page 12 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 (2) (3) the pipe and components of an existing irrigation system is converted to a reclaimed or Onsite Water Reuse System water source located below grade and has not been disturbed; or the underground pipe and components of an existing irrigation system is converted to another alternate water source and has not been disturbed. (C) Any repair, addition or alteration, and all pipe and components located above grade or accessible within a subsurface vault of an existing irrigation system converted to alternate water, must be identified consistent with Section (A) and Section 344.65 (3), Chapter 30, Texas Administrative Code. (D) Where vacuum breakers or backflow preventers are installed with fixtures listed in Chapter 17 of the adopted Plumbing Code, identification of the discharge side is not required. (E) Each outlet on a non-potable water line that is used for special purposes shall be posted with black uppercase lettering as follows: “CAUTION: NON-POTABLE WATER, DO NOT DRINK”. TABLE 15-1-13-A MINIMUM LENGTH OF COLOR FIELD AND SIZE OF LETTERS MINIMUM LENGTH OF COLOR FIELD MINIMUM SIZE OF LETTERS OUTSIDE DIAMETER OF PIPE OR COVERING (inches) (inches) (inches) ½ to 1 ¼ 1 ½ to 2 2 ½ to 6 8-10 OVER 10 8 8 12 24 32 ½ ¾ 1 ¼ 2 ½ 3 ½ Page 13 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 § 15-1-14 CROSS CONNECTION CONTROL. ASSEMBLIES, DEVICES AND METHODS. (A) The following types of backflow prevention devices, assemblies, and methods can be used for cross connection: (1) Air Gap. The minimum air gap to afford backflow protection shall be designed in accordance with Table 15-1-14-B. (2) Atmospheric Vacuum Breaker. An atmospheric vacuum breaker consists of a body, a checking member, and an atmospheric port. (3) Hose Connection Backflow Preventer. A hose connection backflow preventer consists of two independent check valves with an independent atmospheric vent between and a means of field testing and draining. (4) Double Check Valve Backflow Prevention Assembly. A double check valve backflow prevention assembly consists of two independently acting internally loaded check valves, four properly located test ports, and two isolation valves. (5) (6) Pressure Vacuum Breaker Backflow Prevention Assembly (PVB). A pressure vacuum breaker backflow prevention assembly consists of a loaded air inlet valve, an internally loaded check valve, two properly located test ports, and two isolation valves. This device shall be permitted to be installed indoors where provisions for spillage are provided. Spill-Resistant Pressure Vacuum Breaker. A spill-resistant pressure vacuum breaker consists of one check valve force loaded closed and an air inlet vent valve force loaded open to atmosphere, positioned downstream of the check Page 14 of 66 COA Law Department 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes valve and located between and including two tightly closing shutoff valves and test ports. (7) Reduced Pressure Principle Backflow Prevention Assembly. A reduced pressure principle backflow prevention assembly consists of two independently acting internally loaded check valves, a differential pressure relief valve, four properly located test ports, and two isolation valves. (8) Double Check Detector Fire Protection Backflow Prevention Assembly. A double check detector fire protection backflow prevention assembly is a double check valve assembly with a parallel detector assembly consisting of a water meter and a double check valve backflow prevention assembly. (9) Double Check Detector Fire Protection Backflow Prevention Assembly Type II. A type II double check detector fire protection backflow prevention assembly (DCDA II) is a double check valve assembly with a parallel bypass consisting of two shutoff valves, two test ports, a meter, and a single check valve. This bypass assembly connects upstream and downstream of the main second check valve. (10) Reduced Pressure Detector Fire Protection Backflow Prevention Assembly. A reduced pressure detector fire protection backflow prevention assembly is a reduced pressure principle backflow prevention assembly with a parallel detector assembly consisting of a water meter and a reduced pressure principle backflow prevention assembly (RP). (11) Reduced Pressure Detector Fire Protection Backflow Prevention Assembly Type II. A type II reduced pressure detector fire protection backflow prevention assembly is a reduced pressure principle backflow prevention assembly with a parallel bypass consisting of two shutoff valves, two test ports, a meter, and a single check valve. This bypass assembly connects Page 15 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 upstream and downstream of the main second check valve and utilizes the reduced pressure zone and relief valve of the main assembly. (12) Dual Check Backflow Preventer. A dual check backflow preventer consists of two independently acting check valves, force loaded to a normally closed position. (13) Laboratory Faucet Backflow Preventer. A laboratory faucet backflow preventer shall comply with ASSE 1035. (14) Backflow Preventer with Intermediate Atmospheric Vent. A backflow preventer with intermediate atmospheric vent consists of two independently acting check valves, force loaded to a normally closed position and an intermediate chamber with a means for automatically venting to the atmosphere, force loaded to a normally open position. (B) The following requirements apply to all backflow prevention devices, assemblies and methods used in cross connection: (1) Where more than one backflow prevention valve is installed on a single premise, and the valves are installed in one location, each separate valve shall be permanently identified in a manner satisfactory to the Utility. (2) Backflow prevention devices, assemblies, and methods shale be constructed with adequate access and clearance for required testing, maintenance, and repair. Access and clearance shall be provided in accordance with the manufacturer’s instructions, and not less than 12 inches (305 mm) between the lowest portion of the assembly and grade, floor, or platform. Elevated installations of backflow prevention devices, assemblies, and methods that exceed 5 feet (1524mm) above the floor or grade shall be required to provide a platform capable of supporting a technician. Page 16 of 66 COA Law Department 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (3) Direct connection between potable water piping and sewer-connected wastes is prohibited. If potable water is discharged to the drainage system, it can only be discharged through an approved air gap of two pipe diameters of the supply inlet, but in no case shall the gap be less than 1 inch (25.4mm). Connection shall be permitted to be made to the inlet side of a trap provided that an approved vacuum breaker is installed not less than 6 inches (152 mm) or the distance according to the backflow prevention device’s listing, above the flood-level rim of such trapped fixture, so that at no time will such device be subjected to backpressure. Backflow preventers for hot water exceeding 110° F (43°C) shall be designed to operate at temperatures 110° F (43°C) without rendering a portion of the assembly inoperative. Fixtures, appliances, or appurtenances with integral backflow preventer or integral air gaps manufactured as a unit shall be installed in accordance with their listing requirements and the manufacturer’s installation instructions. Backflow assemblies and devices shall be protected from freezing with an outdoor enclosure that complies with ASSE 1060 or by a method acceptable to the Utility. (7) Drain lines serving backflow devices or assemblies shall be sized in accordance with the discharge rates of the manufacturer’s flow charts of such devices or assemblies. Backflow prevention devices with atmospheric vents or ports shall not be installed in pits, underground, or submerged locations. A backflow preventer shall not be located in an area containing fumes that are toxic, poisonous, or corrosive. (4) (5) (6) (8) Page 17 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (9) Except for portable water supplied to carbonators, a separate backflow prevention assembly or device shall be installed on a high hazard appurtenance or fixture in high hazard situations when water or product is intended for contact with humans either directly (consumption, bathing, medical uses, dental chairs, pharmaceuticals, etc.) or indirectly (sterilization, autoclaves, washing dishes or bottles, canning, etc.). (10) Potable water supplied to carbonators shall be protected with a listed reduced pressure principle backflow preventer that is approved by the authority having jurisdiction for that specific use. A single reduced pressure principle backflow prevention assembly may be installed for multiple carbonators that are located in the same immediate physical area if all water piping from the backflow preventer to the carbonator is exposed. Piping downstream of backflow protection for carbonators cannot be affected by carbon dioxide gas. (11) (12) If no human contact is intended, then a single backflow prevention assembly or backflow prevention device may be installed for multiple high hazard appurtenances or fixtures. Each water line downstream of the backflow protection must be labeled consistent with Section 15-1-13(A)(3). In low hazard situations that service multiple low hazards of the same type and are located in the same immediate physical area, a single backflow prevention assembly or device may be installed if all piping downstream of the backflow preventer is exposed. Each water line downstream of the backflow protection must be labeled consistent with the requirements for non-potable water piping. (C) Additional Requirements for backflow prevention: In addition to Subsection (B), additional requirements will apply depending on the type of device being installed as outlined below: Page 18 of 66 COA Law Department 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (1) Atmospheric Vacuum Breakers. Water closet and urinal flushometer valves shall be protected against backflow by an atmospheric vacuum breaker installed on the discharge side of the flushometer valve with the critical level not less than 6 inches (152 mm), or the distance according to its listing, above the overflow rim of a water closet bowl or the highest part of a urinal. (2) Ballcock. Water closet and urinal tanks shall be equipped with a ballcock. The ballcock shall be installed with the critical level not less than 1 inch (24.4 mm) above the full opening of the overflow pipe. In cases where the ballcock has no hush tube, the bottom of the water supply inlet shall be installed 1 inch (24.4 mm) above the full opening of the overflow pipe. (3) Water Closet Flushometer Tanks. Water closet flushometer tanks shall be protected against backflow by an approved backflow prevention assembly, device, or method. (4) Heat Exchangers. Heat exchangers used for heat transfer, heat recovery, or solar heating shall protect the potable water system from being contaminated by the heat-transfer medium. Single wall heat exchangers used in indirect- fired water heaters shall meet the requirements for single-wall heat exchangers in Section 505.4.1 of the plumbing code. (5) Water Supply Inlets. Water supply inlets to tanks, vats, sumps, and other receptors shall be protected by an air gap, a listed vacuum breaker installed on the discharge side of the last valve with the critical level not less than 6 inches (152mm) above all downstream piping and the flood level rim of the receptor, or a backflow prevention assembly suitable for the degree of hazard. (6) Lawn Sprinklers and Irrigation Systems. Potable water to lawn sprinklers and irrigation systems that lack pumps or connections for pumping Page 19 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes equipment and lacks chemical injection or the provisions for chemical injection must be protected from backflow using one of the following: (a) Pressure vacuum breaker backflow prevention assembly (PVB); (b) spill-resistant pressure vacuum breaker (SVB); (c) reduced pressure principle backflow prevention assembly (RP); or (d) double check valve assembly (DCVA). (7) (8) Systems with Pumps. Where sprinkler and irrigation systems have pumps, or connections for pumps, auxiliary air tanks, or are otherwise capable of creating backpressure, the potable water supply shall be protected by a reduced pressure principle backflow prevention assembly or double check valve located upstream for the source of backpressure. Systems with Backflow Devices. The backflow device installed downstream from a potable water supply pump, or a potable water supply pump connection must be: (1) Pressure vacuum breaker backflow prevention assembly; (2) spill-resistant pressure vacuum breaker); (3) reduced pressure principle backflow prevention assembly or (4) double check valve assembly. (9) Systems with chemical injectors. The potable water supply shall be protected by a reduced pressure principle backflow prevention assembly in a system with a chemical injector or provisions for chemical injection. Page 20 of 66 COA Law Department 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (10) Outlets with Hose Attachments. Potable water outlets with hose attachments, other than water heater drains, boiler drains, and clothes washer connections, shall be protected by a nonremovable hose bib type backflow preventer, a nonremovable hose bib vacuum breaker, or by an atmospheric vacuum breaker installed not less than 6 inches (152 mm) above the highest point of usage located on the discharge side of the last valve. The Customer shall install protective measures to mitigate outside outlets from freezing. (11) Water Cooled Equipment. Water cooled compressors, degreasers, or other water-cooled equipment shall be protected with appropriate backflow prevention based on the type of hazard present. (12) Aspirators. Water inlets to water-supplied aspirators shall be equipped with a vacuum breaker installed in accordance with its listing requirements and this chapter. The discharge shall drain through an air gap. Where the tailpiece of a fixture to receive the discharge of an aspirator is used, the air gap shall be located above the flood-level rim of the fixture. (13) Steam or Hot Water Boilers. Potable water connections to residential steam or hot water boilers shall be protected from backflow by a double check valve assembly, backflow preventer with intermediate atmospheric vent and pressure reducing valve, or reduced pressure principle assembly in accordance with Table 15-1-14-A. Where chemicals are introduced into the system a reduced pressure principle assembly shall be provided. (14) Non-Potable Water Piping. Outlets on non-potable water lines shall be posted: “CAUTION: NON-POTABLE WATER, DO NOT DRINK.” (15) Beverage Dispensers. The potable water supply to a beverage dispenser or coffee machine shall be protected by an air gap, double check valve Page 21 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes assembly, or vented backflow preventer consistent with ASSE 1022 installed and maintained per the manufacturer’s requirements. (16) Carbonated Beverage Dispenser. The potable water supply to a carbonated beverage dispenser shall be protected by an air gap or a reduced pressure principle assembly. The piping material installed downstream of the backflow preventer cannot be affected by carbon dioxide gas. (17) Beverage Dispenser in Healthcare Facilities. The potable water supply to a beverage dispenser or coffee machine that is located within a healthcare facility and subject to NFPA 99 shall be protected by a testable backflow prevention assembly. (18) Deck-Mounted and Equipment Mounted Vacuum Breakers. Deck-mounted or equipment-mounted vacuum breakers shall be installed in accordance with their listing and the manufacturer’s installation instructions, with the critical level not less than 1 inch (25.4 mm) above the flood-level rim. (19) Protection from Fire Systems. (a) Except as provided in section 15-1-1-14 (D) 20 and (D)21, potable water supplies to fire protection systems that are normally under pressure including but not limited to standpipes and automatic sprinkler systems shall be protected from backpressure and backsiphonage by one of the following devices: (i) Double check valve backflow prevention assembly; (ii) Double check detector fire protection backflow prevention assembly type 1 and 2; (iii) Reduced pressure principle backflow prevention assembly; Page 22 of 66 COA Law Department 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (iv) Reduced pressure detector fire protection backflow prevention assembly type 1 and 2; or (v) Potable water supplies to fire protection systems that are not normally under pressure shall be protected from backflow and shall be in accordance with the requirements of the appropriate standards referenced in the plumbing code. (20) Fire Department Connection. Where fire protection systems supplied from a potable water system include a fire department (Siamese) connection that is located less than 1700 feet (518.2 m) from a non-potable water source that is capable of being used by the fire department as a secondary water supply, the potable water supply shall be protected by a reduced pressure principle backflow prevention assembly or a reduced pressure detector fire protection backflow prevention assembly. Non-potable water sources include fire department vehicles carrying water of questionable quality or water that is treated with antifreeze, corrosion inhibitors, or extinguishing agents. (21) Chemicals. Where antifreeze, corrosion inhibitors, or other chemicals are added to a fire protection system supplied from a potable water supply, the potable water system shall be protected by a reduced pressure principle backflow prevention assembly or a reduced pressure detector fire protection backflow prevention assembly. (22) Types of Residential Systems. This section applies to a stand-alone or multipurpose wet-pipe sprinkler system that does not use antifreeze. A multipurpose fire sprinkler system must provide potable water to both fire sprinklers and plumbing fixtures. A stand-alone sprinkler system must be separate and independent from the potable water system. A double check backflow prevention assembly must separate a stand-alone sprinkler system from the potable water supply. Page 23 of 66 COA Law Department 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (23) Hydraulic Design. Where a backflow prevention assembly is installed in the potable water supply to a fire protection system, the hydraulic design of the system shall account for the pressure drop through the backflow assembly. Where such assemblies are retrofitted for an existing fire protection system, the hydraulics of the sprinkler system design shall be checked to verify that there will be sufficient water pressure available for satisfactory operation of the fire sprinklers. (24) Protection of Potable Mains. Private fire hydrants located at a distance from a private potable water main such that the volume of water in the hydrant lead is more than 100 gallons shall have double check backflow prevention assembly protection. (25) Health Care or Laboratory Areas. Vacuum breakers for washer-hose bedpans shall be located not less than 5 feet (1524 mm) above the floor. Hose connections in health care or laboratory areas shall be not less than 6 feet (1829 mm) above the floor. (26) Special Equipment. Portable cleaning equipment and dental vacuum pumps shall be protected from backflow by an air gap, an atmospheric vacuum breaker, a spill-resistant vacuum breaker, or a reduced pressure principle backflow preventer. (27) Potable Water Outlets and Valves. Potable water outlets, freeze-proof yard hydrants, combination stop-and-waste valves, or other fixtures that incorporate a stop and waste feature that drains into the ground shall not be installed underground. (28) Pure Water Process Systems. The water supply to a pure water process system, such as dialysis water systems, semiconductor washing systems, and similar process piping systems, shall be protected from backpressure and Page 24 of 66 COA Law Department 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes backsiphonage by a reduced pressure principle backflow preventer However, The individual connections of the dialysis related equipment to the dialysis pure water system shall not require additional backflow protection. (29) Garbage Can Washers. Where garbage can washers are connected to a potable water supply system, the connection shall be protected against backflow in accordance with a reduced pressure principle backflow prevention assembly. (30) Plumbing Fixture Fittings. Plumbing fixture fittings with integral backflow protection shall comply with ASME A 112.18.1/CSA B 125.1. (31) Swimming Pools, Spas, and Hot Tubs. Potable water supply to swimming pools, spas, and hot tubs shall be protected by an air gap or a reduced pressure principle backflow preventer if the unit is equipped with a submerged fill line, or the potable water supply is directly connected to the unit circulation system. (32) Chemical Dispensers. The water supply to chemical dispensers shall be protected against backflow by one of the following: (a) If the installation of the chemical dispenser that has internal backflow prevention that complies with IAPMO 1055 involves a water source coming from a faucet with an integrated vacuum breaker device, then a pressure bleed device conforming to IAPMO PS 104 shall be used to protect the vacuum breaker device. (b) For all other chemical dispensers the following assemblies, devices, or methods can be used: (B) Air gap Page 25 of 66 COA Law Department 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (C) Atmospheric vacuum breaker (D) Pressure vacuum breaker (E) Spill-resistant pressure vacuum breaker or (F) Reduced pressure principle backflow prevention assembly (33) Site Containment Backflow Prevention Requirements. (A) A site that utilizes an alternate water source shall provide an air gap or an appropriate backflow prevention assembly located immediately downstream of all potable City water meters and City service lines to private fire lines consistent with Table 15-1-14-C. (B) A site that contains an actual or potential contamination hazard shall provide an air gap or an appropriate backflow prevention assembly located immediately downstream of all potable City water meters and City service lines to private fire lines consistent with Table 15-1-14- D. (C) A non-potable rainwater catchment or non-potable condensate collection system of 500 gallons or less does not require backflow prevention at the potable water meter. (34) Cooling Tower Reservoirs. A water supply outlet that terminates inside the envelope of a cooling tower shall be protected with a reduced pressure principle backflow prevention assembly. A water supply outlet that terminates outside the envelope of a cooling tower shall be protected by an air gap or a reduced pressure principle backflow prevention assembly. Page 26 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 763 764 765 766 767 768 769 770 771 772 (35) Commercial Dishwashing Machine. The water supply to a commercial dishwashing machine shall be protected by an air gap, an atmospheric backflow preventer, a pressure vacuum breaker, a spill resistant vacuum breaker or a device that complies with ASSE 1004. (36) Personal Hygiene Devices. Water closets with integral personal hygiene devices shall comply with ASME A112.4.2/CSA B45.16. TABLE 15-1-14-A BACKFLOW PREVENTION DEVICES, ASSEMBLIES, AND METHODS DEGREE OF HAZARD APPLICA BLE STANDA RDS LOW HAZARD BACK- SIPHO NAGE HIGH HAZARD BACK- SIPHO NAGE BACK - PRESS URE –– BACK - PRESS URE –– X X –– –– DEVICE, ASSEMBLY, OR METHOD1 Air gap Air gap fittings for use with plumbing fixtures, appliances, and appurtenances ASME A112.1.2 X ASME A112.1.3 X INSTALLATION2,3 See Table 15-1-XX in this chapter. Air gap fitting is a device with an internal air gap, and typical installation includes plumbing fixtures, appliances, and appurtenances. The critical level shall not be installed below the flood level rim. Upright position. No valve downstream. Minimum of 6 inches or listed distance above all Atmospheric vacuum breaker (consists of a body, checking ASSE 1001 or CSA B64.1.1 X –– X –– Page 27 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes X –– X –– X –– X –– member and atmospheric port) Antisiphon fill valve (ballcocks) for gravity water closet flush tanks and urinal tanks ASSE 1002/ ASME A112.100 2/ CSA B125.12 Vacuum breaker wall hydrants, hose bibbs, freeze resistant, automatic draining type ASSE 1019 or CSA B64.2.1.1 Hose connection vacuum breakers ASSE 1011 X –– X –– Hose connection back- flow preventers ASSE 1052 X –– Dual check backflow preventer wall hydrants, freeze resistant ASSE 1053 X –– X X –– –– downstream piping and flood level rim of receptor.4,5 Installation of gravity water closet flush tank and urinal tanks with the fill valve installed with the critical level not less than 1 inch above the opening of the overflow pipe.4,5 Installation includes wall hydrants and hose bibbs. Such devices are not for use under continuous pressure conditions (means of shutoff downstream of device is prohibited).4,5 Such devices are not for use under continuous pressure conditions. No valve downstream.4,6 Such devices are not for use under continuous pressure conditions.4,6 Such devices are not for use under continuous pressure conditions.4 Page 28 of 66 COA Law Department 773 774 775 776 777 778 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes Freeze resistant sanitary yard hydrants ASSE 1057 X –– X –– Such devices are not for use under continuous pressure conditions.4 TABLE 15-1-14-A BACKFLOW PREVENTION DEVICES, ASSEMBLIES, AND METHODS (continued) DEVICE, ASSEMBLY, OR METHOD1 Backflow preventer with intermediate atmospheric vent DEGREE OF HAZARD (HIGH HAZARD) BACK- SIPHO NAGE (LOW HAZARD) BACK- SIPHO NAGE BACK- PRESS URE BACK- PRESS URE APPLICA BLE STANDA RDS ASSE 1012 X X — — Backflow preventer with intermediate atmospheric vent and pressure reducing valve ASSE 1081 X X — — Page 29 of 66 COA Law Department INSTALLATION2,3 Installation of potable water connections to residential water boilers. No high-hazard chemicals shall be introduced into the system using such devices. Designed to operate under continuous pressure conditions. May discharge water. Installation of potable water connections to residential water boilers. No high-hazard chemicals shall be introduced into the Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes Backflow preventer for Beverage Dispensers ASSE (two independent check 1022 valves with a vent to the atmosphere) X –– –– –– Spill-Resistant Pressure USC Vacuum Breaker FCCHR7 (single check valve with air inlet vent and means of field testing) Double Check Valve Backflow Prevention Assembly (two independent check valves and means of field testing) X –– X –– USC FCCHR7 X X –– –– system using such devices. Designed to operate under continuous pressure conditions. May discharge water. Installation includes does not include carbonated beverage machines or dispensers. Installation and maintenance must comply with manufacturer’s requirements. These devices operate under intermittent or continuous pressure conditions. Upright position. Minimum of 12 inches or listed distance above all downstream piping and flood-level rim of receptor.5 Horizontal unless otherwise listed. Access and clearance shall be in accordance with the manufacturer’s instructions, and not less than a 12-inch clearance at the bottom for maintenance. May need Page 30 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 779 780 781 782 783 TABLE 15-1-14-A BACKFLOW PREVENTION DEVICES, ASSEMBLIES, AND METHODS (continued) platform/ladder for test and repair. Does not discharge water. INSTALLATION2,3 Horizontal unless otherwise listed. Access and clearance shall be in accordance with the manufacturer’s instructions, and not less than a 12 inch clearance at the bottom for maintenance. May need platform/ladder for test and repair. Does not discharge water. Installation includes a fire protection system and is designed to COA Law Department APPLICA BLE STANDA RDS DEGREE OF HAZARD POLLUTION (LOW HAZARD) BACK- SIPHO NAGE BACK- PRESS URE CONTAMINA TION (HIGH HAZARD) BACK- SIPHO NAGE BACK- PRESS URE USC FCCHR7 X X –– –– DEVICE, ASSEMBLY, OR METHOD1 Double Check Detector Fire Protection Backflow Prevention Assembly Type 1 & 2 (two independent check valves with a parallel detector assembly consisting of a water meter and a double check valve backflow prevention assembly and means for field testing) Page 31 of 66 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes Pressure Vacuum Breaker Backflow Prevention Assembly (loaded air inlet valve, internally loaded check valve and means for field testing) Reduced Pressure Principle Backflow Prevention Assembly (two independently acting loaded check valves, a differential pressure relief valve and means for field testing) X –– X –– X X X X USC FCCHR7 operate under continuous pressure conditions. Upright position. May have valves down- stream. Minimum of 12 inches above all downstream piping and flood-level rim of the receptor. May discharge water. Horizontal unless otherwise listed. Access and clearance shall be in accordance with the manufacturer’s instructions, and not less than a 12 inch clearance at the bottom for maintenance. May need platform/ladder for test and repair. May discharge water. Page 32 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes USC FCCHR7 X X X X Reduced Pressure Detector Fire Protection Back- flow Prevention Assembly Type 1 & 2 (two independently acting loaded check valves, a differential pressure relief valve, with a parallel detector assembly consisting of a water meter and a reduced-pressure principle backflow prevention assembly, and means for field testing) Horizontal unless otherwise listed. Access and clearance shall be in accordance with the manufacturer’s instructions, and not less than a 12 inch clearance at the bottom for maintenance. May need platform/ladder for test and repair. May discharge water. Installation includes a fire protection system and is designed to operate under continuous pressure conditions. INSTALLATION2,3 784 785 786 787 TABLE 15-1-14-A BACKFLOW PREVENTION DEVICES, ASSEMBLIES, AND METHODS (continued) DEVICE, ASSEMBLY, OR METHOD1 APPLICA BLE STANDA RDS Laboratory faucet back- flow preventer ASSE 1035 DEGREE OF HAZARD POLLUTION (LOW HAZARD) BACK- SIPHO NAGE –– BACK- PRESS URE –– CONTAMINA TION (HIGH HAZARD) BACK- SIPHO NAGE X BACK- PRESS URE X Installation includes laboratory faucets. Such devices are not for use Page 33 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes under continuous pressure conditions. No valve downstream.4 For SI units: 1 inch = 25.4 mm Table Notes: 1 See the description of devices and assemblies in this chapter. 2 Installation in pit or vault requires previous approval by the utility. 3 Refer to the general and specific requirement for installation. 4 Not to be subjected to operating pressure for more than 12 hours in a 24 hour period. 5 For deck-mounted and equipment-mounted vacuum breaker, see Section 603.5.13. 6 Shall be installed in accordance with Section 603.5.7. 7 Current list of approved backflow prevention assemblies, University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. 788 789 790 FIXTURES TABLE 15-1-14-B MINIMUM AIR GAPS FOR WATER DISTRIBUTION WHERE NOT AFFECTED BY SIDEWALLS (inches) 1 WHERE AFFECTED BY SIDEWALLS (inches) Effective openings not greater than ½ of an inch in diameter Effective openings not greater than ¾ of an inch in diameter Effective openings not greater than 1 inch in diameter Effective openings greater than 1 inch in diameter 1 ½ 2 1 ½ 2 ¼ 3 791 Notes: Two times the diameter of the effective opening Three times the diameter of the effective opening Page 34 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 1. Sidewalls, ribs, or similar obstructions do not affect air gaps where spaced from the inside edge of the spout opening a distance exceeding three times the diameter of the effective opening for a single wall, or a distance exceeding four times the effective opening for two intersecting walls. 2. Vertical walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than specified in Footnote 1 above. The effect of three or more such vertical walls or ribs has not been determined. In such cases, the air gap shall be measured from the top of the wall. 3. The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing that feeds the device or outlet. Where two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. 4. Air gaps less than 1 inch (25.4 mm) shall be approved as a permanent part of a listed assembly that has been tested under actual backflow conditions with vacuums of 0 to 25 inches of mercury (85 kPa). ALTERNATE WATER SITE CONTAINMENT BACKFLOW PREVENTION TABLE 15-1-14-C List of Auxiliary Water Sources and Uses (1) Backflow prevention required at potable water connection Domestic water meter (2) Irrigation water meter (2) City service to private fire mains (2), (3), (4), (5) Backflow protection required at point of interconnection with potable water Lake/River water RP RP DC RP Page 35 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes List of Auxiliary Water Sources and Uses (1) Backflow prevention required at potable water connection Domestic water meter (2) Irrigation water meter (2) City service to private fire mains (2), (3), (4), (5) Backflow protection required at point of interconnection with potable water Well water RP RP Condensate water Gravity - DC (5) Pumped RP RP Rainwater Gravity - DC (5) Pumped RP RP Assemblies Gray water Gravity - DC (5) Pumped RP Reclaimed water (6) RP Other water supply (7) RP RP RP RP DC DC DC DC DC DC DC DC DC RP RP RP RP RP AG AG AG AG Table Notes: RP= reduced pressure zone backflow prevention assembly. DC= double check backflow prevention assembly AG= air gap. (1) If multiple sources of alternate water are used, all backflow protection must meet the most stringent requirements of the sources used. Page 36 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes List of Auxiliary Water Sources and Uses (1) Backflow prevention required at potable water connection Domestic water meter (2) Irrigation water meter (2) City service to private fire mains (2), (3), (4), (5) Backflow protection required at point of interconnection with potable water (2) A backflow prevention assembly installed at the potable service connection of a site served by an alternate water source must have an annual operational test. (3) A new backflow prevention assembly installed in an existing fire system may result in the need to re-calculate fire system design specifications due to backflow preventer pressure losses. (4) A backflow prevention assembly installed in an un-metered fire system is required to be a detector assembly. (5) These backflow prevention assemblies are required regardless of the presence of alternate water. (6) When a chemical addition system is used (e.g. fertigation) a DC will be required on the reclaimed water service connection. (7) Other water supply includes any and all other alternate waters not listed in the table. 814 815 816 817 TABLE 15-1-14-D SITE CONTAINMENT FOR PREMISES ISOLATION Description of Premises requiring site containment (3) Hazard Assessment Required backflow prevention at meter/s (1) Required backflow prevention at private unmetered fire mains (1)(2) Page 37 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes Health RP or AG DCDA Aircraft, automotive and missile plants Animal feedlots Breweries Canneries, packing houses, rendering plants, slaughterhouses Commercial car wash Commercial laundries Cold storage facilities Dairies Docks, dockside facilities, marinas Dye works Food and beverage processing plants Hospitals, morgues, mortuaries, medical clinics, dental clinics, veterinary clinics, autopsy facilities, sanitariums, and medical labs Metal manufacturing, cleaning, processing, and fabrication plants Microchip fabrication facilities Paper and paper products plants Petroleum processing or storage facilities Plants using radioactive material Plating or chemical plants Power plants Restricted, classified, or other closed facilities Rubber plants Sewage lift stations Sewage treatment plants Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health Health RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG RP or AG DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA DCDA Health RP or AG DCDA Page 38 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes DCDA DCDA RP or AG DC Health Nonhealth Steam plants Sites where highest outlet is 80’ or more above the meter Table Notes: RP - reduced pressure principle backflow prevention assembly. DC -double check backflow prevention assembly AG -air gap. (1) Backflow preventers shall be tested annually. (2) A backflow prevention assembly installed on an existing fire system may result in the need to re-calculate fire design specifications due to pressure loss through the backflow preventer. (3) This table lists many common hazards. It is not an all-inclusive list of the hazards which may be found connected to public water systems. § 15-1- 15 CROSS CONNECTION SURVEY. (A) The director may conduct a cross-connection survey of the customer's potable water system as a condition of service to prevent or eliminate cross connections between the customer's potable water system and contamination or pollution sources. (B) The director shall inspect: (1) a building and surrounding property for potential cross connections; (2) the availability of an alternate or reclaimed water supply; (3) (4) the use of a pollutant, contaminant, and other liquid, solid, or gaseous substance; installation of backflow prevention assemblies or backflow prevention devices; and Page 39 of 66 COA Law Department 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 (5) backflow prevention assembly certification and test records. (C) The director shall require a customer to eliminate possible cross connections between the customer's potable water systems and the public water supply as provided in Article 5 (Enforcement). § 15-1- 16 RETENTION OF RECORDS. (A) A customer or any person installing, testing, or maintaining a backflow prevention device or assembly shall retain and make available for inspection and copying by the director backflow prevention assembly test and maintenance records, cross- connection test and inspection records, customer service inspection records, and any other information required by this chapter. (B) Unless federal or state law requires information to be retained for a longer period, a person described in Subsection (A) shall retain all backflow and cross-connection test and inspection records under this chapter for at least three years from the date the record is created, and all customer service inspection records under this chapter for at least ten years from the date the record is created. (C) The record retention period is automatically extended for: (1) the duration of compliance litigation under this chapter; or (2) a longer period set by an enforcement order issued under this chapter. (D) All records required by this chapter shall be on forms approved by the director. § 15-1-17 CUSTOMER SERVICE INSPECTIONS. (A) A customer service inspection shall be performed in accordance with the Commission’s rules when: Page 40 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 (1) There is new construction; (2) Material improvement, correction, or addition to the potable plumbing system or the alternate water system; or (3) When the director believes that a cross-connection or other potential health or non-health hazard exists. (B) A customer service inspection shall be performed by: (1) A plumbing inspector licensed by the Texas State Board of Plumbing Examiners; (2) A journeyman or master plumber licensed with the Texas State Board of Plumbing Examiners with a Water Supply Protection Specialist endorsement; or (3) A customer service inspector licensed by the Commission. § 15-1-18 ALTERNATE METHOD OF COMPLIANCE. (A) Alternate methods of compliance to a requirement of this Chapter may be granted on a case-by-case basis. The method, system, or device shall provide equivalent or superior effectiveness and safety over those prescribed by this chapter. Technical documentation shall be submitted to the director to demonstrate equivalency. The director shall have the authority to approve or disapprove the method, system, or device for the intended purpose. An approved alternate method shall not be considered as in accordance with the requirements, intent, or both of this chapter for a purpose other than that granted by the director where the submitted data does not prove equivalency. The request shall be submitted on a form approved by the director. Page 41 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 (B) (C) The director shall have the authority to require tests as proof of equivalency. Tests shall be made in accordance with approved or applicable standards, by an approved testing agency at the expense of the applicant. In the absence of such standards, the director shall have the authority to specify the test procedure. The director shall have the authority to require tests to be made or repeated, at the customer’s expense, where there is reason to believe that a method no longer meets the equivalency the approval was based on. § 15-1-19 ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS. (A) Registration required. Except as provided under Subsection (B), an alternate water system must be registered with Austin Water. Registration shall be on a form approved by the director. Registration includes: (1) Site address for the alternate water system; (2) storage capacity for the alternate water system; (3) type of alternate water system; and (4) intended use for the alternate water. (B) A residential non-potable rainwater catchment or non-potable condensate collection system that is 500 gallons or less and used for outdoor applications is not required to be registered. (C) Inspection and testing. (1) Alternate water source systems shall be inspected and tested: Page 42 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 (a) for cross-connections in accordance with this chapter; and (b) to determine compliance with provisions in the Plumbing Code related to potable water piping. (D) Cross Connection Inspection and Testing. Except as provided under Subsections (D)(1) and (D)(2), initial and subsequent inspections and tests shall be performed on both the potable and alternate water source systems. The potable and alternate water source system shall be isolated from each other and independently inspected and tested to ensure there is no cross-connection in accordance with Section 15-1- 19(F). The following types of systems are not required to have cross-connection testing: (1) The following types of systems are not required to have cross-connection testing: Gravity type exterior non-potable condensate collection systems; and (2) Non-potable condensate collection systems with less than a 500-gallon capacity and used for outdoor applications. (E) Visual system inspection. Before commencing the cross-connection testing, a dual system inspection shall be conducted by a licensed professional, registered with the utility. A dual system inspection requires checking: (1) meter locations of the alternate water source and potable water lines to verify that no modifications were made and that no cross-connections are visible; (2) pumps and equipment, equipment room signs and exposed piping in equipment rooms; Page 43 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (3) valves to ensure that the valve lock seals are still in place and intact; and (4) valve control door signs to verify that no signs have been removed. (F) Cross Connection Test. To determine whether a cross-connection has occurred, a licensed professional, registered with the utility, must follow the procedures described in this section. These procedures shall be followed for all non-potable alternate water sources requiring cross connection tests. The results of the test shall be submitted on a form approved by the director. (1) (2) (3) The potable water system shall be activated and pressurized; and the alternate water source system shall be shut down, depressurized, and drained. The potable water system shall remain pressurized for a minimum period specified by the utility while the alternate water source is empty. The minimum period the alternate water source system is to remain depressurized shall be determined on a case-by-case basis, taking into account the size and complexity of the potable and the alternate water source distribution systems, but in no case shall be less than one (1) hour. The drain on the alternate water source system shall be checked for flow during the test and fixtures, potable and alternate water source, shall be tested and inspected for flow. Flow from an alternate source system outlet indicates a cross connection. No flow from a potable water outlet shall indicate that it is connected to the alternate water source system. (4) The potable water system shall then be depressurized and drained. (5) The alternate water source system shall then be activated and pressurized. Page 44 of 66 COA Law Department 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 (6) (7) The alternate water source system shall remain pressurized for a minimum period specified by the utility while the potable water system is empty. The minimum period the potable water system is to remain depressurized shall be determined on a case-by-case basis, but in no case shall that period be less than one (1) hour. Fixtures, potable, and alternate water source shall be tested and inspected for flow. Flow from a potable water system outlet indicates a cross connection. No flow from an alternate water source outlet will indicate that it is connected to the potable water system. (8) The drain on the potable water system shall be checked for flow during the test and at the end of the test. (9) Where there is no flow detected in the fixtures which would indicate a cross connection, the potable water system shall be re-pressurized. (G) Discovery of Cross Connection. If a cross connection is discovered, the following procedure, in the presence of utility employee, shall be activated immediately: (1) The alternate water source piping to the building shall be shut down at the meter or source, and the alternate water source system shall be drained; (2) Potable water piping to the building shall be shut down at the meter; (3) The cross-connection shall be uncovered and disconnected; (4) The building shall be retested in accordance with 15-1-19-(E); (5) The potable water system shall be chlorinated with 50 parts-per-million (ppm) chlorine for 24 hours; and Page 45 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 (6) The potable water system shall be flushed after 24 hours, and a standard bacteriological test shall be performed. Where test results are acceptable, the potable water system shall be permitted to be recharged. (H) Alternate Cross Connection Test Methods. Alternate cross connection test procedures may be authorized by Austin Water. For an alternate method to be approved, an Austin Water Alternate Method of Compliance form shall be submitted before construction of an alternate water system begins. (I) License Required. An Alternate water system inspection and cross connection test shall be performed by: (1) A plumbing inspector licensed by the Texas State Board of Plumbing Examiners; (2) A journeyman or master plumber licensed with the Texas State Board of Plumbing Examiners with a Water Supply Protection Specialist endorsement; or (3) A customer service inspector licensed by the Texas Commission on Environmental Quality. (J) Reoccurring Inspection and Testing. Reoccurring inspections and cross-connection testing of the alternate water source system, consistent with Sections 15-1-19- (C)(D)(E) and (F), or approved alternate test, are required unless site conditions do not require it. Inspections and testing for black water sourced alternate water systems shall occur annually. Inspections and cross connection testing for all other alternate water systems for multi-family, industrial, institutional, or commercial sites shall occur once every four years. Cross-connection testing is required at any time the potable water system or alternate water system is altered or when required by the authority having jurisdiction. Test results shall be submitted on a form approved by the director. Page 46 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 (K) Connections to Potable Water. Alternate Water source systems shall be permitted to have potable water makeup with the following requirements: (1) Gray water systems shall have no direct connection to a potable water supply. Potable water is permitted to be used as makeup water for a non- pressurized storage tank provided the connection is protected by an air gap in accordance with this code. On-site treated non-potable water, and reclaimed water may be used as makeup water. (2) Reclaimed (recycled) water systems shall have no connection to a potable water supply system. Potable water is permitted to be used as makeup water for a reclaimed (recycled) water storage tank provided the water supply inlet is protected by an air gap. An alternate water source may be used provided adequate backflow protection is installed. (3) Makeup water to other alternate systems require an air gap or reduced pressure zone backflow preventer. (L) (M) Initial Inspection and Cross Connection Test for Reclaimed Water Sites. Before a building is occupied or the system is activated, an inspection, and cross-connection test that complies with Sections 15-1-19(C)-(F), or an approved alternate test, is required. Final approval cannot be granted until the test is deemed successful by the authority having jurisdiction. An annual inspection and cross-connection test shall occur. Initial Inspection and Cross Connection Test for On-site Water Reuse System Sites. Before a building is occupied or the system is activated, an inspection and cross-connection test that complies with Sections 15-1-19(C)- (F), or an approved alternate, is required. Final approval cannot be granted until the test is deemed successful by the authority having jurisdiction. An inspection and cross-connection Page 47 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 (N) (O) test shall occur once every four years for multi-family, industrial, institutional, or commercial sites. Initial Inspection and Cross Connection Test for Other Alternate Water Systems. Before a building is occupied or the system is activated, an inspection and cross- connection test that complies with Sections 15-1-19(C)- (F), or an approved alternate, is required. Final approval cannot be granted until the test is deemed successful by the authority having jurisdiction. An inspection and cross-connection test shall occur once every four years for multi-family, industrial, institutional, or commercial sites. Initial Inspection and Cross Connection Test for Non-Potable Rainwater Catchment Sites. Except as provided under Subsection (P), before a building is occupied or the system is activated, a cross-connection test that complies with Sections 15-1-19-(C)-(F), or an approved alternate test, is required. Final approval cannot be granted until the test is deemed successful by the authority having jurisdiction. An inspection and cross-connection test shall occur once every four years. Test results shall be submitted on a form approved by the director. (1) The following type of rainwater catchment systems are not required to have cross-connection testing: A non-potable rainwater catchment system of 500 gallons or less and used for outdoor applications; or (2) Gravity type exterior non-potable rainwater catchment systems. (P) Hose Bibs. Hose bibs shall not be allowed on reclaimed (recycled) water piping systems. Access to reclaimed (recycled) water shall be through a quick-disconnect device that differs from those installed on the potable water system. Such outlets supplying reclaimed (recycled) water shall be marked with the words: "CAUTION: NON-POTABLE RECLAIMED WATER, DO NOT DRINK" and the symbol below. Hose bibs on other alternate water systems shall be allowed and shall be Page 48 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes marked with the words: "CAUTION: NON-POTABLE WATER, DO NOT DRINK" and the symbol below. Q) Changes to Potable Water or Alternate Water Systems. On sites utilizing alternate water, no changes or connections to either the alternate water system or the potable water system shall be made without first obtaining approval from the director and any other authority having jurisdiction. § 15-1-20 RAINWATER CATCHMENT SYSTEMS FOR POTABLE USE. (A) At each residence or facility where water from a rainwater catchment system is used for potable purposes and there is a connection to the City’s public water system, the customer shall ensure that the rainwater catchment system is installed and maintained by a master plumber or journeyman plumber licensed by the Texas State Board of Plumbing Examiners who holds an endorsement issued by the Texas State Board of Plumbing Examiners as a Water Supply Protection Specialist. (B) A person who intends to connect a rainwater catchment system to a public water system must give written notice of that intention to Austin Water. Page 49 of 66 COA Law Department 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 (C) The public water system used as a back-up supply for the potable rainwater catchment system shall be connected only to the water storage tank and may not be connected to the plumbing of a structure. The connection to the tank shall be protected by a reduced pressure principle backflow assembly. ARTICLE 3. TESTER REGISTRATION. § 15-1-31 LICENSED TESTER. (A) A person shall register with the director before the person conducts a test or repair of a backflow prevention assembly or performs a Customer Service Inspection or Cross-Connection Test at a site connected to the City's public water system. The registrant shall complete a form approved by the director. (B) An applicant shall apply for registration as a licensed tester on a form approved by the director. (1) The director shall determine whether an applicant is eligible for registration. (2) An applicant is required to obtain a license from the Commission to be eligible as a tester. (C) Once registered, a tester is responsible for: (1) conducting themselves in a professional manner; in accordance with the applicable rules of the Commission, the Texas State Board of Plumbing Examiners, and this chapter; (2) compliance with the City’s rules and regulations; (3) ensuring that original manufacturer replacement parts are used when replacing any part in a backflow prevention assembly; and Page 50 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 (4) conducting testing and inspections only when assured that all safety procedures have been observed and that all necessary individuals involved have been appropriately notified; (5) Maintaining current contact and license information with Austin Water; and (6) Maintaining the confidentiality of the secured password into Austin Water’s electronic database. (C) A registration remains in effect unless: (1) the tester person fails to maintain eligibility for registration; or (2) the director revokes the registration. (D) A tester must re-establish eligibility if the tester’s license is revoked. § 15-1-32 PROOF OF EQUIPMENT. (A) A tester shall furnish evidence to show that they have the necessary tools and equipment to properly test and certify backflow prevention assemblies. (B) A tester shall register each test gauge to be used by providing: the manufacturer, model number, serial number, and current accuracy certification of each test gauge on a form approved by the director. (C) A tester shall: (1) on or before the date established by the director, annually test each recorded test kit gauge for accuracy in accordance with this chapter and the Commission’s rules, and submit the results to the director; Page 51 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 (2) calibrate the test kit gauge to an accuracy of at least two percent; and (3) maintain the test kit gauge at an accuracy of at least two percent. (D) A tester shall: (1) register test gauges used by the tester; and (2) list the registered serial numbers of test gauges on test and maintenance reports that are submitted to the director. § 15-1-33 QUALITY CONTROL. (A) A tester must perform a competent and accurate certification of each backflow prevention assembly tested. (B) A tester must leave a copy of the test and maintenance report and inform the customer if the back prevention assembly failed a test. (C) The director may take the following quality control measures relating to a certified tester: (1) retest a certified backflow prevention assembly; (2) send written notice of test discrepancies to the tester who certified a backflow prevention assembly; and (3) use other necessary investigative methods. § 15-1-34 REVOCATION. Page 52 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes The director may revoke a tester's registration for: (1) (2) (3) failure to register the serial number of a gauge used to test backflow prevention assemblies; use of a gauge that does not have a current gauge accuracy certification to test backflow prevention assemblies; three testing or reporting discrepancies within a two-year period, beginning with the first discrepancy, including, but not limited to: (a) false, incomplete, or inaccurate reporting of any test completion or certification of a backflow prevention assembly; performed; (b) use of inaccurate gauges; (c) improper operational certification methods; or (d) incomplete backflow test and maintenance reports; (4) failure to maintain licensure with the Commission as required by this chapter; or (5) conviction of a violation of this chapter; or (6) no test results submitted to the director within a three year period. § 15-1-35 DESIGN CHANGES. A tester may not change the design or operational characteristics of a backflow prevention assembly during installation, repair, or maintenance unless the director approves the change. Page 53 of 66 COA Law Department 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 § 15-1-36 UTILITY PERSONNEL. A City employee who inspects, tests, or surveys a backflow prevention system under Section 15-1-16 (Cross Connection Survey), 15-1-33 (Quality Control), or 15-1-61 (Inspections) must be licensed by the Texas State Board of Plumbing Examiners and be licensed by the Commission as a backflow prevention assembly tester. ARTICLE 4. CONNECTION BY OTHER PUBLIC WATER SYSTEM. § 15-1-51 REQUIRED PREVENTION METHODS FOR A PUBLIC WATER SYSTEM WITH A PRE-EXISTING CONNECTION. (A) A public water system with a water service connection to the City's public water system on January 12, 2004, shall: (1) (2) (3) (4) (5) comply with the inspection requirements of Texas Administrative Code Title 30, Section 290.44 (Water Distribution); adopt and enforce a plumbing code or service regulation no less stringent than a plumbing code approved for use in the state of Texas; conduct inspections to ensure that its customers are in compliance with the requirements of Subsections (A)(1) and (2); and provide records of its cross connection or backflow prevention program and enforcement action to the director upon request; install one or more gravity overflows at a receiving vessel or reservoir with a minimum capacity equal to or greater than the maximum possible fill rate at 60 pounds per square inch at the base of the vessel or reservoir; or Page 54 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (6) install an air gap external to a tank or receiving vessel at a service connection. (B) A public water system that purchases or obtains water from the City as a sole source through a connection to the City's public water system made on or before January 12, 2004 may: (1) comply with Subsections (A)(1) through (4); (2) comply with Subsection (A)(5); (3) comply with Subsection (A)(6); or (4) install, test, and maintain a backflow prevention assembly at each service connection to the City's public water system. (C) A public water system that purchases or obtains water from the City through a connection to the City's public water system made on or before January 12, 2004 and purchases or obtains water from an auxiliary water supply on or before January 12, 2004 may: (1) comply with Subsections (A)(1) through (4); (2) comply with Subsection (A)(5); (3) comply with Subsection (A)(6); or (4) install, test, and maintain a reduced pressure backflow prevention assembly at each service connection to the City's public water system. (D) A public water system that fails to comply with this section by January 12, 2009 commits an offense. Page 55 of 66 COA Law Department 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 § 15-1-52 CONSTRUCTION REQUIREMENTS FOR SOLE SOURCE PURCHASER. A public water system that purchases or obtains water from the City as a sole source through a connection made after January 12, 2004 shall, before using the connection: (1) (2) (3) (1) (2) install, test, and maintain a backflow prevention assembly at each service connection to the City's public water system; install one or more gravity overflows at a receiving vessel or reservoir with a minimum capacity equal to or greater than the maximum possible fill rate at 60 pounds per square inch at the base of the vessel or reservoir; or install an air gap external to a tank or receiving vessel at a service connection. § 15-1-53 CONSTRUCTION REQUIREMENTS FOR NON-SOLE SOURCE PURCHASER. A public water system that purchases or obtains water from the City through a connection made after January 12, 2004 and purchases or obtains water from another source shall, before using the connection: install, test, and maintain a reduced pressure backflow prevention assembly at each service connection to the City's public water system; install one or more gravity overflows at a receiving vessel or reservoir with a minimum capacity equal to or greater than the maximum possible fill rate at 60 pounds per square inch at the base of the vessel or reservoir; or Page 56 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (3) install a physical air gap external to a tank or receiving vessel at a service connection. § 15-1-54 CERTIFICATION. (A) A public water system must shall obtain certification by a tester for each double check valve assembly and reduced pressure principle backflow prevention assembly installed as prescribed by Section 15-1-52 (Construction Requirements For Sole Source Purchaser) or Section 15-1-53 (Construction Requirements For Non-Sole Source Purchaser): (1) on installation; and (2) annually during use, on or before the date established by the director. (B) A public water system must shall provide a copy of a certification issued under this section to the director not later than the fifth day after the certification is completed. ARTICLE 5. ENFORCEMENT. § 15-1-61 INSPECTIONS. The director may inspect or require an inspection of property or facilities, real property, or buildings connected to the public water system. An inspection may include: (1) a survey of the property or facilities, real property, or buildings for cross connections; (2) inspection of existing backflow prevention assembly installation; and Page 57 of 66 COA Law Department 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 (3) annual testing and certification of assemblies by a licensed backflow prevention assembly tester, on or before the date established by the director. § 15-1-62 RIGHT OF ENTRY. (A) The director may enter a customer's property or facility, including an easement or private property where a public or private potable water system is located, to gain access to a cross connection, backflow prevention assembly, or piping. The director's right of entry is a condition of a customer's water service or connection to the City's public water system. (B) The director may inspect a customer's potable water system, piping, or the records required under this chapter or the rules of a public water system with which the City has an agreement for wholesale water service. (C) A customer shall promptly remove, at the customer's sole expense, a security barrier or other obstacle to access by the director to the customer's property or facility. (D) In connection with action by the director under this chapter, a customer with water service provided by the utility commits an offense if the person: (1) denies the director right of entry; (2) fails to remove a barrier or obstacle to access by the director; or (3) unreasonably delays access by the director. § 15-1-63 SEARCH WARRANT. (A) The director may apply to the municipal court or other court of competent jurisdiction for a search warrant if: Page 58 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 (1) a customer denies the director access to a building, structure, property, or a public or private potable system connected to the City's public water system; or (2) the director has probable cause to believe there is: (a) (b) a violation of this chapter or other enforcement order; a need to conduct a cross connection inspection or cross connection survey; or (c) a threat to public health or safety. (B) The director may make an inspection without a warrant to remedy an imminent danger to the public health and safety. § 15-1-64 OFFENSES. A person commits an offense if the person: (1) commits allows, or assists in the commission of a violation of this chapter; (2) is the customer, owner, occupant, lessee, or manager of property or facilities that are the source of a violation of this chapter; or (3) obstructs or delays the director's access to a customer's property or facilities. § 15-1-65 NOTICE OF VIOLATION. (A) The director may serve a written notice of violation on a person who has violated: (1) the conditions of registration as a tester; Page 59 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (3) installation requirements of a backflow prevention assembly or device; or (2) a plumbing permit; (4) a requirement of this chapter. (B) The director may take any enforcement action without first issuing a notice of violation. (C) A notice of violation issued under this chapter shall, at a minimum, contain: (1) the name of the responsible person; (2) the address of the alleged violation; and (3) a description of the alleged violation. § 15-1-66 CRIMINAL PENALTY. (A) A person violating this chapter commits a Class C misdemeanor, punishable in accordance with Section 1-1-99 (Offenses; General Penalty) of the Code by a fine not to exceed $2,000. Each occurrence of a violation of this chapter is a separate offense. (B) Proof of a culpable mental state is not required for conviction of an offense under this chapter. § 15-1-67 CIVIL REMEDIES. (A) The city attorney may enforce this chapter by injunction, declaratory relief, or other action at law or in equity. Page 60 of 66 COA Law Department 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 (B) The city attorney may initiate a suit against the owner, occupant, tenant, manager, or water customer of property or facility that is the source of a violation of this chapter, to recover a civil penalty not to exceed $5,000 for each violation. Each day that a violation continues constitutes a separate violation. § 15-1-68 LIABILITY. the person: (A) A person or public water system may be held liable for a violation of this chapter if (1) commits or assists in the commission of a violation; (2) is an authorized representative under this chapter; or (3) is the owner, occupant, tenant, manager, or water customer of premises, property or a facility that is the source of pollution or contamination of the potable or reclaimed water system in violation of this chapter. (B) A person who violates this chapter is liable to the City for expenses, loss, or damage incurred by the City. (C) A person charged with enforcement of this ordinance, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. A suit brought against the City or employee of the City because of such act or omission performed in the enforcement of provisions of this ordinance shall be defended by legal counsel provide by the City until final termination of such proceedings. § 15-1-69 TERMINATION OF SERVICE. Page 61 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 (A) The director may terminate water or wastewater service in accordance with this section. (B) (C) The director may terminate water or wastewater service if the customer, owner, tenant, lessee, or water customer does not correct a violation within five days after the person becomes aware of the violation. The director may refuse or terminate water or wastewater service if a backflow prevention assembly is not installed, certified for operation, repaired, or replaced as required by this chapter. (D) The director may terminate water or wastewater service if a customer fails to terminate a connection between a potable water system and a reclaimed water system or an auxiliary alternate water supply. (E) The director may terminate water or wastewater service to a customer who does not pay a billing by the due date. § 15-1-70 EMERGENCY SUSPENSION. (A) On receipt of informal written or verbal notice, the director may suspend water service and disconnect a private or public water system from the City's public water system without a hearing if the director determines that contamination or pollution due to a cross connection: (1) presents an imminent threat to the City's public water system; (2) presents an imminent danger to public heath health or safety; (3) presents a threat to the environment; or (4) threatens to interfere with the operation of the City's public water system. Page 62 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 (B) A person notified of the suspension of the person's service shall immediately stop use of the City's public water system water and the director shall disconnect the City's public water system from the person's private or public water system. (C) If a person fails to immediately comply with an emergency suspension order, the director may take action the director determines is necessary to prevent contamination or pollution, or to minimize damage to the City's public water system, the public, property, or the environment. (D) The director may take action under this section even if termination proceedings have been initiated under Section 15-1-69 (Termination of Service). (E) A suspension under this section is not affected by evidence that the danger caused by the contamination or pollution due to a cross connection. § 15-1-71 CUMULATIVE REMEDIES. The remedies authorized under this chapter are cumulative unless specifically prohibited by state or federal regulation. § 15-1-72 VOLUNTARY COMPLIANCE. (A) The director may accept from a person responsible for a violation under this chapter a written agreement for voluntary compliance, or issue a consent order that establishes an agreement for voluntary compliance. (B) An agreement under this section must: (1) describe the violation; (2) describe the specific action the person must take to correct the violation; Page 63 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes (3) specify the time period for the person to complete the corrective action; (4) be signed and dated by the person responsible for compliance; and (5) be judicially enforceable. (C) The director may take action to enforce compliance with an agreement under this section. § 15-1-73 SHOW CAUSE HEARING. (A) The director may order a person responsible for a violation of this chapter or an enforcement order to appear before the director and show cause why a proposed enforcement action should not be taken. (B) The director shall serve notice to a person under this section including: (1) the time and place for a hearing; (2) the nature of the violation; (3) the proposed enforcement action; (4) the reasons for the enforcement action; and (5) a request that the person show cause why the proposed enforcement action should not be taken. (C) The director shall serve notice under this section in person or by certified mail, return receipt requested, no later than the third day before the hearing. Notice may Page 64 of 66 COA Law Department 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 be served on an employee, agent or other authorized representative of a person responsible for a violation. (D) The director may take immediate enforcement action following a noticed show cause hearing. § 15-1-74 COMPLIANCE ORDER. (A) (B) If the director determines that a person has violated this chapter or an enforcement order, the director may issue an order to the person directing the person to correct the violation within a specified time period. If a person does not comply within the time period provided, the director may disconnect water or wastewater service to the non-compliant premises until the person installs an operational facility, device, or equipment to correct the violation. § 15-1-75 CEASE AND DESIST ORDER. If the director determines that a person is violating this chapter or an enforcement order, or that a past violation committed by the person is likely to recur, the director may issue an order directing the person to: (1) immediately cease and desist the violation; (2) immediately comply with this chapter or an enforcement order; and (3) take necessary remedial or preventive action to address a present, continuing, or threatened violation, including halting operation. PART 2. This ordinance takes effect on ________________, 2025. Page 65 of 66 COA Law Department Proposed Changes to Chapter 15-1 Attorney Client Work Product Subject to Additional Changes PASSED AND APPROVED , 2025 § § § _______________________________ Kirk Watson Mayor APPROVED: _____________________ ATTEST: _______________________ Deborah Thomas Interim City Attorney Myrna Rios City Clerk 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 Page 66 of 66 COA Law Department