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HomeMy WebLinkAboutOrdinance No. 07-1718 CITY OF THE COLONY, TEXAS ORDINANCE NO. 07-1718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 12, ARTICLE IX, BY REPEALING SECTIONS 12-151 THROUGH 12-190 OF THE CODE OF ORDINANCES AND PROVIDING FOR A NEW CHAPTER 12, ARTICLE IX OF THE CODE OF ORDINANCES SECTIONS 12-151 THROUGH 12-171 RELATING TO CROSS CONNECTION CONTROL AND PREVENTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR CROSS CONNECTIONS STANDARDS; PROVIDING FOR RIGHT-OF-WAY ENCROACHMENT; PROVIDING FOR MULTIPLE CONNECTIONS; PROVIDING REQUIREMENT FOR PROTECTION/INSTALLATION; PROVIDING FOR TESTING OF ASSEMBLIES; PROVIDING FOR THERMAL EXPANSION; PROVIDING FOR PRESSURE LOSS; PROVIDING FOR RESIDENTIAL SERVICE CONNECTIONS; PROVIDING FOR RENTAL PROPERTIES; PROVIDING FOR CUSTOMER SERVICE INSPECTION; PROVIDING INSTALLATION GUIDELINES AND REQUIREMENTS FOR BACKFLOW PREVENTION ASSEMBLIES; PROVIDING FOR AIR GAP SEPARATION; PROVIDING FOR FIRE SUPPRESSION SYSTEMS; PROVIDING FOR FIRE HYDRANT PROTECTION; PROVIDING RESPONSIBILITIES OF PROPERTY OWNER CLAUSE; PROVIDING FOR BACKFLOW PREVENTION ASSEMBLY TESTER CERTIFICATION AND REGISTRATION; PROVIDING FOR FEES; PROVIDING FOR COMPLIANCE FOR LAWN IRRIGATION; PROVIDING FOR MOBILE UNITS; PROVIDING FOR ENFORCEMENT; RESERVING SECTIONS 12-172 THROUGH 12-190 FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, located in Denton County, Texas, is a Horne Rule municipality possessing the full power of local self-government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Horne Rule Charter; and WHEREAS, The City Council of the City of The Colony, Texas (hereinafter referred to as "the City") is the ultimate repository of authority in the City and is empowered under the Texas Local Government Code, Section 51.001, and its City Charter to pass ordinances, rules, and regulations not inconsistent with the Constitution of the State of Texas and for the good government, peace and order of the City, and the trade and commerce of the City; WHEREAS, it is the desire of the City Council to further protect the potable water supply of the City; and WHEREAS, the City Council of the City deems it necessary and expedient to make certain amendments to the Code of Ordinances as adopted by Ordinance No. 02-1405 on October 7, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Code of Ordinances be, and the same is, hereby amended by amending Chapter 12, Article IX, by repealing Sections 12-151 through 12-190 in its entirety and replacing with a new Chapter 12, Article IX, CROSS CONNECTION CONTROL AND PREVENTION, Sections 12-151 through 12-171, and by reserving Sections 12-172 through 12-190 for future use, which shall read as follows: "ARTICLE IX. CROSS CONNECTION CONTROL AND PREVENTION Sec. 12-151. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanmg: Air gap shall mean a physical separation between the free flowing discharge end of a potable water supply piping and/or appurtenance and an open or nonpressure receiving vessel, plumbing fixture or other device. An approved air-gap separation shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device, and in no case shall be less than one inch. Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or A VB shall mean a device used to prevent back-siphonage in nonhealth hazard conditions. This device cannot be tested and cannot prevent backpressure backflow. Auxiliary supply shall mean any water source or system other than the public water system that may be available in the building or on the property, including ground water or surface waters used for industrial, irrigation or any other purpose. Bacliflow shall mean the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city's water. Bacliflow prevention assembly or assembly shall mean an assembly to counteract back pressure or prevent backsiphonage. Page 2 HI17I1Ub.IJIJIJ Backpressure shall mean any elevation of pressure in the downstream piping system, by any means, above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. Backsiphonage shall mean the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system. Boresight or boresight to daylight shall mean providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe. Commercial establishment shall mean any property or location which is not defined as residential. Contaminants shall mean any foreign material, solid or liquid, not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption. Contamination means the admission of contaminants into the potable water supply system. Cross connection under this article shall mean any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it is possible for any nonpotable, used, unclean, polluted and contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions. Cross connection control device shall mean any nationally approved or recognized device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent nonpotable, used, unclean, polluted and contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions. Cross connection customer service inspection shall mean an inspection designed to inspect and detect any actual or potential cross connection hazards and/or any excess of the lead action level in solder or flux, pipe or pipe fittings. Degree of hazard shall mean the low or high hazard classification that shall be attached to all actual or potential cross connections as determined by the most recently adopted International Plumbing Code, as amended, and defined as follows: (a) Health hazard means an actual or potential threat of contamination' of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health. Page 3 nI17116.7b.IJIJIJ (b) High hazard means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply. ( c) Low hazard means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable but not hazardous to one's health to backflow into the potable water supply. (d) Pollution hazard means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. Maximum degree of intensity of pollution which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. (e) System hazard means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. Double check detector bacliflow prevention assembly or double check detector or DCDA shall mean an assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow. Double check valve bacliflow prevention assembly or double check assembly or double check or DC shall mean an assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Fire-line tester shall mean a tester who is employed by a state approved fire-line contractor and is qualified to test backflow prevention assemblies on fire-lines only. General tester shall mean a tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except fire-lines. Mobile unit shall mean any operation, which may have the potential to introduce contaminants into a potable water system from a mobile source. These include, but are not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. Nonresidential use shall mean water used by any person other than a residential customer of the water supply and include all uses not specifically included in "residential uses" as defined in the city zoning ordinance. Point-of-use isolation shall mean the appropriate backflow prevention within the consumer's water system at the point at which the actual or potential cross connection exists. Page 4 TM 171Ib.7b.IJIJIJ Potable water supply shall mean any water supply intended or used for human consumption or other domestic use. Premises isolation shall mean the appropriate backflow prevention at the servIce connection between the public water system and the water user. Pressure vacuum breaker backflow prevention assembly or pressure vacuum breaker or PVB shall mean an assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure backflow. The assembly is a combination of a single check valve with an A VB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows the full testing of the assembly. Public water system or system shall mean any public or privately owned water system, which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment use in the process of producing, treating, storing, or conveying water for public consumption. Reduced pressure principle bacliflow prevention assembly or reduced pressure principle assembly or RP assembly or RP shall mean an assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve at the end of the assembly. Reduced pressure principle detector bacliflow prevention assembly or reduced pressure detector or RPDA shall mean an assembly composed of a line-size approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for very low rates of flow. Representative of the water system shall mean a person approved by the city to perform cross connection control duties that shall include, but are not limited to, cross connection inspections and water use surveys. Residential use shall mean water used by any residential customer of the water supply and include home owners' associations, single family dwellings, duplexes, triplexes, and apartments where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter, the units are full-time dwellings. Service connection shall mean the point of delivery which the water purveyor loses control of the water. Spill-resistant pressure vacuum breaker or SVB shall mean an assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with Page 5 T\11711b.7b.IJIJIJ a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. TCEQ shall mean the Texas Commission on Environmental Quality. Tester shall mean a person that is a certified backflow prevention assembly technician approved by and registered with the city and the TCEQ. Thermal expansion shall mean heated water that does not have the space to expand. Used water shall mean water supplied by a public water system to a water user's system after it has passed through the service connection. Water use survey shall mean a survey conducted or caused to be conducted by the local authority designed to identify any possible sources of contamination to the potable water supply. Sec. 12-152. Cross connections standards. Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial establishment, which is connected to any public water supply or which provides water to the public shall be equipped with the protection required under the provisions of this article. Sec. 12-153. Right-of-way encroachment. No person shall install or maintain a backflow prevention assembly upon or within any city rights-of-way except as provided in this section. (1) A backflow prevention assembly required by the city may be installed upon or within any city rights-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, installing it in the rights-of-way will not interfere with traffic or utilities, and obtains a permit from the city. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly, prior to its installation. (2) All permits and inspections required by the Code of Ordinances to perform work in the rights-of-way shall be obtained. (3) The assembly shall be installed below or flush with the surrounding grade except when it is not practicable to install it in this manner. Any assembly or portion of an assembly, which extends aboveground, shall be located no closer than 18 inches to the face ofthe curb. (4) The city shall not be liable for any damage done to or caused by an assembly installed in a right-of-way. Page 6 TlI I7l1b.7b.IJIJIJ (5) A property owner shall, at the request of the city and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any city rights-of-way when such relocation is necessary for street or utility construction or repairs for purposes of public safety. (6) A person commits an offense if he fails to relocate a backflow prevention assembly located in or upon any city rights-of-way after receiving a written order from the regulatory authority. Sec. 12-154. Multiple connections. Any premises requiring multiple service connections for adequacy of supply and/or fire protection will be required to install a backflow assembly on each of the additional service lines to the premises. The type of assembly will be determined by the degree of hazard that could occur in the event of an interconnect between any of the buildings on the premises. Sec. 12-155. Protection required; installation. (a) All back flow prevention assemblies installed after October 7, 2002 shall be installed in a manner designed to facilitate ease of inspection by an approved tester. The backflow prevention assembly protection which is required under this article shall be any of the duly nationally recognized and authorized backflow prevention assemblies listed in a state approved plumbing code. Failure to install a backflow prevention assembly as authorized by state approved plumbing code may result in the backflow prevention assembly failing to meet final approval by the regulatory authority. The city shall determine the type and location of backflow assembly to be installed within the area served by the city. The backflow prevention assembly shall be required in each of the following circumstances, but is in no way limited to the following: (1) The nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply. (2) Premises having anyone or more cross connections and such cross connection is protected by an atmospheric vacuum breaker device. (3) Internal cross connections are present that are not correctable. (4) Intricate plumbing arrangements that are present which make it impractical to ascertain whether cross connections exist. (5) There is unduly restricted entry so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist. (6) Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of the city. Page 7 T\11711Ub.IJIJIJ (7) An appropriate cross connection survey report form has not been filed with the building inspections department of the city of the colony upon request of the city. (8) A fire suppression system that is connected to the city's water system. (9) All new construction, if deemed necessary in the system plan review. The type of assembly required will be determined by the degree of hazard. (10) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly may be installed at the service connection that supplies water for public domestic use. (11) Any used water return system. (12) In the event a point-of-use assembly has not had the testing or repair done as required by this article, a premises isolation assembly will be required. (13) If it is determined that additions or alterations have been made to the plumbing system without obtaining proper permits, premises isolation may be required. (14) All multistory buildings or any building with a booster pump or elevated storage tank. (15) Retrofitting will be required on all high hazard connections and wherever else the city deems necessary to retrofit. (b) All backflow prevention assemblies installed after October 7,2002 shall be installed in a manner designed to facilitate ease of inspection by an approved tester. Any currently installed backflow prevention assemblies which are located in inaccessible locations or where the tester is subject to physical danger shall be relocated to approved locations following current national guideline standards. Sec. 12-156. Testing of assemblies. (a) All commercial backflow prevention assemblies shall be caused to be inspected and the test report must be filed with the City in each of the following circumstances: ( I) Immediately after installations; (2) Whenever the assembly is moved; (3) A minimum of once a year; (4) Premises that have been vacated and unoccupied for one year, prior to re-occupancy; Page 8 TlI \711 b.7b.IJIJIJ (5) Immediately after repairs. (b) All residential backflow prevention assemblies shall be caused to be inspected and the test report must be filed with the City in each of the following circumstances: (1) Immediately after installations; (2) Whenever the assembly is moved; (3) Immediately after repairs. All assembly testing shall be performed by a state certified backflow prevention assembly tester, approved by the regulatory authority. (c) Duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. Persons and occupants of premises which are provided water service by the city, either directly or indirectly, shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, testing, records examination, or in the performance of any of their duties. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (d) The city is not liable for damage to a backflow prevention assembly, which may occur during testing. (e) A water use survey may be conducted at any establishment located in the city which is served by a public water supply or which provides water to the public. Upon determination that the establishment falls under the provisions of this article and requires a backflow prevention assembly, a notice to abate the condition or to install the proper backflow prevention assembly shall be issued. (f) It is the responsibility of the person who owns or controls property to have all assemblies tested in accordance with this article. Assemblies may be required to be tested more frequently if the city or state or any agents thereof deem necessary. (g) All results from assembly testing by a certified backflow prevention assembly tester shall be placed on a form that is purchased by the tester from the city for an established fee. Sec. 12-157. Thermal expansion. It is the responsibility of any person who owns or controls property to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflowassembly. Page 9 T\11711b.7b.IJIJIJ Sec. 12-158. Pressure loss. Any reduction in water pressure caused by the installation of a backflow assembly is not the responsibility of the city. Sec. 12-159. Residential service connections. Any person who owns or controls any residential property which has been determined to have an actual or potential cross connection will be required to eliminate the actual or potential cross connection or have an approved backflow assembly installed in accordance with this article. Sec. 12-160. Rental properties. Any person who owns or controls property is responsible for the installation, testing and repair of all backflow assemblies on their property. Sec. 12-161. Customer service inspection. (a) Pursuant to TCEQ water system regulations, a customer service inspection for cross connection control shall be completed by the city prior to providing continuous water service in each of the following circumstances: (1) Water service to a newly constructed facility or previously nonexisting premises. (2) After any material improvement to building(s) or premises. (3) Any correction or addition to the plumbing of any facility or premises. (4) The city deems it necessary. (b) Permanent water service shall not be supplied to a new construction facility( s) until after the customer service inspection is completed. (c) Temporary water service which poses a potential cross connection threat to the potable water supply shall be protected by an approved backflow prevention assembly. Sec. 12-162. Installation guidelines and requirements for backflow prevention assemblies. (a) General. To ensure proper operation and accessibility of all backflow prevention assemblies, the following national guideline requirements shall apply to the installation of these assemblies. (1) Backflow prevention assemblies shall be installed in accordance with the current TCEQ rule and these regulations. The assembly installer must obtain the required Page 10 T\117l1 b.7b.OOO plumbing permits and be a certified backflow prevention assembly technician approved and registered with the city and the TCEQ. (2) At facilities which require a backflow prevention assembly to be installed at the point of delivery of the water supply, such installation of the assembly must be before any branch in the line and on private property located just inside the boundary between the city rights-of-way and the landowner's property. The city may specify other areas for installation of the assembly. Assemblies that must be installed or are located on city rights-of-way are the responsibilities of the individual, business or entity that the water line is serving. (3) The assembly must be protected from freezing and other severe weather conditions. (4) All backflow prevention assemblies shall be of a type and model approved by the city. (5) All vertical installations of backflow assemblies must have prior approval by the city. (6) Assemblies that are larger than four inches and installed more than five feet above floor level must have a suitable platform for use by testing or maintenance personnel. (7) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line must not be installed. (8) Premises where an uninterrupted water supply is critical shall be provided with two assemblies installed in parallel. They shall be sized in such a manner that either assembly will provide the maximum flow required. (9) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (10) All facilities that require continuous, uninterrupted water service and are required to have a backflow assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed. (11) The property owner assumes all responsibility for any damages resulting from installation, operation, and/or maintenance of a backflow assembly. The owner shall be responsible for keeping all backflow prevention assembly vaults reasonably free of silt and debris. (12) Upon completion of installation, the city shall be notified and all assemblies must be inspected and tested. All assemblies must be registered with the city and shall Page 11 nll7llb.7b.1I1I11 provide the date of installation, manufacturer, model, type, size, serial number of the backflow assembly, and initial test report. (b) Reduced pressure principle bacliflow prevention assemblies (RP). Reduced pressure principle backflow prevention assemblies may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system. The RP is normally used in locations where an air gap is impractical. The RP shall be effective against both backsiphonage and backpressure. (1) RP's must be sized to provide an adequate supply of water and pressure for the premises being served. Flow characteristics are not standard. The manufacturer's specifications shall be consulted for specific performance data. (2) The assembly must be readily accessible for testing and maintenance and must be located in an area where water damage to building or furnishing would not occur from relief valve discharge. The property owner assumes all responsibility for any damage caused by water discharge from an RP assembly. An approved air gap shall be located at the relief valve orifice ofRP assemblies. (3) No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. RP's are typically installed above grade in well drained areas, but may be installed below grade (ground level) if a boresight drain to daylight, is provided. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. (4) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures are typically installed on the smaller assemblies. Daylight drain ports must be provided to accommodate full pressure discharge from the assembly. (5) Assemblies two inches and smaller shall have at least a six-inch clearance on both sides and on top of the assembly, and 12 inches below and behind the assembly. All assemblies larger than two inches shall have a minimum of 12 inches on the back side, 24 inches on the test cock side, and the relief valve opening shall be at least 12 inches plus nominal size of the assembly above the floor or highest possible water level. Headroom of six feet is required in vaults without a fully removable top. A minimum access opening of 36 inches is required on all vault lids. (6) All RP assemblies must be tested in accordance with this article. Tests are the responsibility of the assembly owner. The owner must notify the city upon installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated on a case-by-case basis. Any deviations must have prior written approval of the city. Page 12 T\117I1b.7b.1I1I1I (c) Reduced pressure principle detector backflow prevention assemblies (RPDA). Reduced pressure principle detector backflow prevention assemblies (RPDA) may be utilized in all installations requiring a reduced pressure principle backflow prevention assembly and detector metering. (1) RPDA's shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies (RP). (2) The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified tester. (d) Double check valve bacliflow prevention assemblies (DC). Double check valve backflow prevention assemblies (DC) may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. ( I) DC's must be sized to provide an adequate supply of water and pressure for premises being served. Consult manufacturer's specifications for specific performance data. (2) Premises where an uninterrupted water supply is critical shall be provided with two assemblies installed in parallel. Assemblies shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required. (3) The assembly shall be readily accessible with adequate room for testing and maintenance. DC's may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (4) Assemblies two inches and smaller shall have at least six-inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than 24 inches below grade. All assemblies larger than two inches shall have a minimum clearance of 12 inches on the back side, 24 inches on the test cock side, and 12 inches below the assembly. Headroom of six feet is required in vaults without a fully removable top. A minimum access opening of 36 inches is required on all vault lids. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. These clearance standards apply to all assemblies installed in vaults, enclosures, and meter boxes. (5) Vertical installations of DC's are allowed only on sizes up to and including four inches that meet the following requirements: a. Internally spring-loaded check valves; Page 13 TlI171Ib.76.11\111 b. Flow is upward through the assembly; c. Manufacturer states their assembly can be used in a vertical position; d. Approved by the building official or his designee. (6) All DC's must be tested in accordance with this article. Tests are the responsibility of the assembly owner. The owner must notify the regulatory authority upon installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated on a case-by-case basis. Any deviations must have prior written approval of the city. (e) Double check detector bacliflow prevention assemblies (DCDA). Double check detector backflow prevention assemblies (DCDA) may be utilized in all installations requiring a double check valve assembly and detector metering. (1) DCDA's shall comply with the installation requirements applicable for double check valve assemblies (DCs). (2) The line-size DC assembly and the bypass DC assembly must each be tested. A separate test report for each assembly must be completed by the certified tester. (f) Pressure vacuum breaker bacliflow prevention assemblies (PVB). Pressure vacuum breaker backflow prevention assemblies (PVB) may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVB's protect against backsiphonage only and shall not be installed where there is potential for backpressure. (1) Assembly shall be installed a minimum of 12 inches above highest downstream pIpmg. (2) PVB's shall not be installed in an area subject to flooding or where damage would occur from water discharge. (3) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of 12 inches all around the assembly. (4) All PVB's must be tested in compliance with this article. Tests are the responsibility of the assembly owner. The owner must notify the regulatory authority regarding installation of any backflow prevention assembly. (5) Variances from these specifications will be evaluated on a case by case basis. Any deviations must have prior written approval of the regulatory authority. (g) Spill resistant pressure vacuum breaker bacliflow prevention assemblies (SVB). Spill resistant pressure vacuum breaker backflow prevention assemblies (SVB) may be utilized in all installations requiring a pressure vacuum breaker. Page 14 TlI 17116.7(1.1)1111 (I) SVB's shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies. Sec. 12-163. Air gap separation. Air gaps provide maximum protection from backflow hazards and shall be utilized at all locations where high hazardous substances are at risk of entering the potable water system. (1) An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45-degree angle. The air gap distance is measured from the bottom of the angle. Hoses are not allowed. (2) Air gap separations shall not be altered in any way without prior approval from the regulatory authority and must be available for inspection at all reasonable times. (3) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening to a distance greater than three times the diameter of the effective opening for a single wall, or a distance greater than four times the effective opening for two intersecting walls. Sec. 12-164. Fire suppression systems. All new installations of a fire suppression system which utilize the city's potable water supply shall have installed an approved backflow prevention device, according to the degree of hazard. An approved double check detector backflow prevention assembly (DCDA) or reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and/or that does not provide for periodic flow-through during each 24-hour period, unless a variance has been issued in writing from the city. An RPDA must be installed if any solution other than the potable water can be introduced into the sprinkler system. (I) It is the responsibility of all property owners and persons in charge of any premises to abide by the conditions of this article. In the event of any changes to the plumbing system, it is the responsibility of the property owners to notify the regulatory authority. All costs associated with this article and the purchase, installation, testing and repair of a DCDA or RPDA device is the responsibility of the property owner and persons in charge of any premises. (2) Upon the approved installation of the DCDA or RPDA device, a cross connection test report completed by a licensed fire-line tester must be sent to the attention of the city and shall include the information required by this article. Page 15 T.\11711b.7b.IHHI Sec. 12-165. Fire hydrant protection. An approved double check device backflow prevention assembly (DCD) or reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the public water supply. An RPDA must be installed if any solution other than the potable water can be introduced into the sprinkler system. (1) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this article. All fire hydrant water meter rentals shall meet the current requirements as provided for by the city. (2) Only City of The Colony fire hydrant water meters with approved backflow prevention assemblies are allowed to be used within the city limits. (3) A refundable deposit is required to insure the return of all water meter and backflow assemblies to the city. Failure to return the assemblies can result in the forfeiture of deposit and/or enforcement action being taken against the responsible party, as allowed for in the penalty section of this article. (4) All nonapproved fire hydrant meters which are found to be in use in the city will be confiscated and enforcement action taken against the responsible party, as allowed for in the enforcement section in this article. Sec. 12-166. Responsibilities of property owner clause. (a) It is the responsibility of all property owners and/or persons in charge of any premises to abide by the conditions of this article and to comply with the following: (I) Payment of all costs associated with this article and the purchase, installation, testing and repair of backflow prevention assemblies. (2) Install and maintain all backflow prevention assemblies in accordance with this article and acceptable industry practice. (3) Test all commercial backflow prevention assemblies on their premises annually. Such testing of all commercial establishments must be conducted by a certified backflow prevention assembly tester who is registered with the City of The Colony. (4) Maintain all backflow prevention assemblies in proper working order at all times, including repair, as required. (5) Maintain all backflow prevention assemblies in a manner which allows them to be tested by a method that has been approved by the City of The Colony. Page 16 TlI 17ll6.7b.000 (6) Retain all records related to backflow prevention assembly installation, testing and repair for a minimum of five (5) years. (b) Certified bacliflow prevention assembly tester. Shall comply with the following requirements: (1) Annually register with the City of The Colony and pay the required fee. (2) Maintain testing equipment in proper working condition/calibration. (3) Maintain the design or operation characteristics of the approved assembly. (4) Ensure that devices are tested according to accepted industry practice and TCEQ regulations. (5) Enter required testing data, including test gauge serial numbers, on cross connection test forms obtained from the City of The Colony. (6) Provide a copy of the completed test report to the City of The Colony within ten (10) business days of testing for all low hazard assemblies and within three (3) business days for all high hazard assemblies. The degree of hazard will be determined by the type of application device and table provided for in the most recently adopted International Plumbing Code. (7) Provide a copy of the completed test report to the property owners and/or persons in charge of any premises. Completed test reports submitted to the City of The Colony after the required time must pay double the required fee. Completed test reports submitted more than thirty (30) days late must be retested and the tester must pay double the required fee. (8) Maintain testing and/or repair records for a minimum of five (5) years. Sec. 12-167. Backflow prevention assembly tester certification--Registration required. Only approved TCEQ licensed backflow prevention assembly testers can test backflow prevention assemblies in the city. Testers must register annually with the city, provide proof of TCEQ certification, and provide proof that testing equipment is able to maintain a calibration of plus or minus two-tenths (0.2) psid accuracy, and pay an annual, nonrefundable, tester registration fee. Sec. 12-168. Fees. (a) There shall be an annual, nonrefundable, tester registration fee in accordance with the approved resolution. Such fee can be amended from time to time at the desire of the city council. (b) There shall be a nonrefundable registration fee for each nonresidential backflow prevention assembly device for new installation and replacement. An annual nonresidential Page 17 T\117l1 b.7b.000 backflow prevention assembly device shall be charged thereafter. Such fee can be amended, by resolution, from time to time at the desire of the city council. (c) There shall be a testing fee for each separate backflow prevention assembly on which a test is performed, as required by the city. If upon inspection or testing of a newly installed backflow prevention assembly it is deemed not to be working properly, it is the responsibility of the property owners and/or persons in charge of any premises to make necessary repairs. Sec. 12-169. Compliance for lawn irrigation. For all lawn irrigation system installations a permit shall be required. Such permit shall be issued by the building inspection department. Installation requirements must comply with the current city plumbing code and or guidelines for the appropriate device found in this article. Interconnections of the potable water supply with an alternate water source are prohibited unless appropriate backflow protection is installed. High hazard backflow protection devices must be installed if any mechanical injection stations are used with the irrigation system. Sec. 12-170. Mobile units. The connection of a mobile unit to any potable water system is prohibited unless such connection is protected by an air gap or an approved backflow prevention assembly. Prior approval and annual device testing of any backflow prevention assembly must be received from the city before connecting to any potable water system. Sec. 12-171. Enforcement. (a) Official. This article shall be enforced by the building official, or his designated representative. (b) Testing of backflow prevention assemblies. The city shall require to be tested all backflow prevention assemblies by a licensed tester, pursuant to the requirements of this article. (1) For new facilities, permanent water service shall not be provided until all backflow prevention assemblies have been tested and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed until the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested and are operational. The city shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection or testing. (2) Failure to have backflow prevention assemblies tested within the required timeframe may result in the city testing, or causing the testing, of such device. The city reserves the right to disconnect water service to any property in lieu of testing. (c) Violations. Page 18 T\11711b.7b.OOO (1) A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this section. (2) A person commits an offense if there is failure to comply with a repair order issued by the city. (3) A person commits an offense if backflow from premises owned, operated or managed by the person enters the public water supply system. (4) A person commits an offense if there is a failure to pay any fees required by this article. (5) A person commits an offense by violating any section of this article. (6) A person commits an offense if discontinued or disconnected water service to premises under this article is reinstated except as directed by the city. (7) A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing work at their establishment. (8) A person commits an offense by testing a backflow prevention assembly within the city without being registered with the regulatory authority. (9) A person commits an offense by testing a backflow prevention assembly within the city without being certified by the TNRCC. (d) Penalty. (1) A person who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by any remedy accorded by law, each act of violation and for each day or part of a day during which the violation is committed, continued or permitted. (2) In addition to proceeding under the authority of subsection (d)(I) of this section, the city is entitled to pursue all other criminal and civil remedies to which is entitled under the authority of statutes or other ordinances against a person committing any violation of this article including injunction and civil penalties. (3) In addition to (d)(I) and (d)(2) above, a civil penalty of a fine not to exceed one hundred fifty and nollOO Dollars ($150.00) may be imposed for any violation of the provisions of this ordinance. (e) Sanction for failure to pay inspection fees. In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by other ordinances of the city. (f) Review and revocation of tester's registration. A certified tester's registration may be reviewed and revoked by the city if it is determined that the tester: (I) Has falsely, incompletely, or inaccurately reported assembly reports; Page 19 T\11711b.7b.000 (2) Has used inaccurate gauges; (3) Has used improper testing procedures; or (4) Has created a threat to public health or the environment. Secs. 12-172--12-190. Reserved." SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions ofthis ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 5. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 4th day of June 2007. ~ Robert E. Hager, C (REH/cdb OS/29/07) Page 20 1'\11711 b.7b.000