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O-2015-2423 - 5/14/2015 I ORDINANCE NO. 0-2015-2423 2 AN ORDINANCE AMENDING CHAPTER 44, ARTICLE VII, CODE OF 3 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, 4 REGARDING CROSS CONNECTION CONTROL AND PREVENTION; 5 AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 6 CONFLICTING ORDINANCES AND RESOLUTIONS. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 8 TEXAS: 9 I. 10 That Chapter 44, Article VII, Cross Connection Control and Prevention, Code of 11 Ordinances (2010 Edition), City of Round Rock, Texas, is hereby replaced in its entirety 12 and shall read as follows: 13 ARTICLE VII. CROSS CONNECTION CONTROL AND PREVENTION 14 Sec.44-173. Cross connection standards. 15 Every source of contamination or possible contamination from any contaminant which originates 16 from, or is located at, a residential or commercial establishment, and said source of contamination or 17 possible contamination is connected to any public potable water supply or provides potable water to the 18 public shall be equipped with the protection required under the provisions of this article. 19 Sec. 44-174. Definitions. 20 For the purpose of this article, the following definitions shall apply unless the context clearly indicates 21 or requires a different meaning. If a word used in this article is not contained in the following list, it shall 22 have the definition listed in section 44-5 or in the most recent edition of the Manual of Cross Connection 23 Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of 24 Southern California. The following definitions shall apply to this article: 25 Air gap means a physical separation between the free flowing discharge end of a potable water 26 supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or 27 other device. An "approved air-gap separation" shall be at least twice the diameter of the supply pipe 28 measured vertically above the overflow rim of the vessel, plumbing fixture or other device, and shall not 29 be less than one inch in any case. 30 Approved backflow prevention assembly or backflow assembly or assembly means an assembly to 31 counteract back pressure or prevent backsiphonage. 32 Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or AVB 33 means a device used to prevent backsiphonage in non-health hazard conditions. This device cannot be 34 tested and cannot prevent backpressure backflow. 0112.1504;00333037 I Auxiliary supply means any water source or system other than the public potable water system that 2 is or may be available in a building or on real property, including reuse water, groundwater or surface 3 water used for industrial, irrigation or any other purpose. 4 Backflow means the flow in the direction opposite to the normal flow of the city's potable water 5 system, or the introduction of any foreign liquids, gases, or substances into the city's potable water 6 system. 7 Backflow prevention assembly tester means a licensed tester who is registered with the city's third 8 party vendor qua4fied to test backflow pressure assemblies on any domestic, commercial, industrial or 9 irrigation service eXGePf fiFeliRes 10 Backpressure means any elevation of pressure in the downstream piping system (by any means) 11 above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of 12 the normal direction of flow of water in the city's potable water system, or the introduction of fluids, 13 mixtures or substances from any source other than the intended source. 14 Backsiphonage means the flow of water or other liquids, mixture or substances into the distribution 15 pipes of a potable water supply system from any source, other than its intended source, caused by a 16 sudden reduction of pressure in the potable water supply system. 17 Boresight or boresight to daylight means the provision of adequate drainage for assemblies installed 18 in vaults through the use of an unobstructed drain pipe. 19 Commercial establishment means any property or location which is used for the manufacture, 20 production, storage, wholesaling or retailing of any good or ware which is, or may be, placed in the flow of 21 commerce, or any property or location which is used for the provision of any service for compensation. 22 Contaminants means any foreign material, solid or liquid, not common to the potable water supply 23 which makes or may make the water unfit or undesirable for human or animal consumption. 24 Contamination means the admission of contaminants into the potable water supply system. 25 Cross connection means any connection, physical or otherwise, between a potable water supply 26 system and any plumbing fixture or any tank, receptacle, equipment or device through which it may be 27 possible for any reuse, nonpotable, used, unclean, polluted and/or contaminated water, or other 28 substances, to enter into any part of such potable water system under any condition or set of conditions. 29 Cross connection control device means any device placed upon any connection, physical or 30 otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, 31 equipment or device, which is designed to prevent reuse, nonpotable, used, unclean, polluted and/or 32 contaminated water, or other substances, from entering into any part of such potable water system under 33 any condition or set of conditions. 34 Degree of hazard means the hazard classification that shall be assigned to all actual or potential 35 cross connections. 36 (1) The term "health hazard" means an actual or potential threat of contamination of a physical or 37 toxic nature to the public potable water system or the consumer's potable water system that 38 would be a danger to health. 39 (2) The term "high hazard" means the classification assigned to an actual or potential cross 40 connection that potentially could allow a substance that may cause illness or death to backflow 41 into the potable water supply. 42 (3) The term "low hazard" means the classification assigned to an actual or potential cross 43 connection that potentially could allow a substance that may be objectionable but not hazardous 44 to a person's health to backflow into the potable water supply. 45 (4) The term "plumbing hazard" means an internal or plumbing-type cross connection in a 46 consumer's potable water system that may be either a pollutional or a contamination-type 47 hazard. 2 1 (5) The term "pollutional hazard" means an actual or potential threat to the physical properties of 2 the water system or the potability of the public or the consumer's potable water system but 3 which would not constitute a health or system hazard, as defined herein. Maximum degree of 4 intensity of pollution which the potable water system could be degraded under this definition 5 would cause a nuisance or be aesthetically objectionable or could cause damage to the system 6 or its appurtenances. 7 (6) The term "system hazard" means an actual or potential threat of severe danger to the physical 8 properties of the public or consumer's potable water supply or of pollution or contamination that 9 would have a detrimental effect on the quality of the potable water in the system. 10 Director means Director of Utilities and Environmental Services, or his designee. 11 Double check detector backflow prevention assembly or double check detector or DCDA means an 12 assembly composed of a line-size approved double check assembly with a bypass containing a specific 13 water meter and an approved double check valve assembly. The meter shall register accurately for very 14 low rates of flow. 15 Double check valve backflow prevention assembly or double check assembly or double check or DC 16 means an assembly which consists of two independently acting, approved check valves, including tightly 17 closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly 18 located resilient seated test cocks. 19 Fireline tester means a tester who is employed by a state-approved fireline contractor and is 20 qualified to test assemblies on firelines only. 21 Mobile unit means any operation which may have the potential to introduce contaminants into a 22 potable water system from a mobile source. These include, but are not limited to, carpet-cleaning 23 vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations 24 and pest-control vehicles. 25 Non-residential use means water used by any person other than a residential customer of the water 26 supply and include all uses not specifically included in "residential uses." 27 Point-of-use isolation means the appropriate backflow prevention within the consumer's water 28 system at the point at which the actual or potential cross connection exists. 29 Potable water supply means any water supply intended or used for human consumption or other 30 domestic use. 31 Premises means any piece of property to which water is provided, including all improvements, 32 mobile structures, and structures located on the property. 33 Premises isolation means the appropriate backflow prevention at the service connection between the 34 public water system and the water user. 35 Pressure vacuum breaker backflow prevention assembly or pressure vacuum breaker or PVB means 36 an assembly which provides protection against backsiphonage, but does not provide adequate protection 37 against backpressure backflow. The assembly is a combination of a single check valve with an AVB and 38 can be used with downstream resilient seated shutoff valves. In addition, the assembly must have suction 39 and discharge gate valves and resilient seated test cocks which allow the complete testing of the 40 assembly. 41 Public water system or water system means any public or privately owned water system which 42 supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any 43 equipment used in the process of producing, treating, storing, or conveying water for public consumption. 44 Reduced pressure principal detector backflow prevention assembly or reduced pressure detector or 45 RPDA means an assembly composed of a line-size approved reduced pressure principle assembly with a 46 bypass containing a specific water meter and an approved reduced pressure principle backflow 47 prevention assembly. The meter must be capable of accurately registering very low rates of flow. 3 1 Reduced pressure principle backflow prevention assembly or reduced pressure principle assembly 2 or RP assembly or RP means an assembly containing two independently acting approved check valves 3 together with a hydraulically-operated, mechanically independent pressure differential relief valve located 4 between the check valves and below the first check valve. The assembly shall include properly located 5 resilient seated test cocks and a tightly closing resilient seated shutoff valve the end of the assembly. 6 7 @Rd respensihility to administer this, ori`inlo 8 9 , 10 GFGSS GOnneGtiOn inspeGtiensvateruse su ey:. 11 Residential use means water use of any residential customer of the water supply and shall include, 12 but is not limited to, single family dwellings, duplexes, multiplex, housing and apartments where the 13 individual units are each on a separate meter; or, in cases where two or more units are served by one 14 meter, the units are full-time dwellings. 15 Service connection means the point of delivery at which the water supplier loses control of the water. 16 Spill-resistant pressure vacuum breaker or SVB means an assembly containing an independently 17 operating, internally loaded check valve and an independently operating, loaded air inlet valve located on 18 the discharge side of the check valve. This assembly must be equipped with a properly located resilient 19 seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. 20 Thermal expansion means heated water that does not have the space to expand. 21 Third party vendor means a third party contracted by the city to provide backflow testing notification 22 and data management services on behalf of the city. 23 Used water means water supplied by a public water system to a water user's system after it has 24 passed through the service connection. 25 Sec. 44-175. Right-of-way encroachment. 26 No person shall install or maintain an assembly, or any part thereof, upon or within any city right-of- 27 way except as provided in this article. 28 (1) An assembly required by the city may be installed upon or within any city right-of-way only if the 29 owner demonstrates to the city's satisfaction that there is no other feasible location for installing 30 the assembly, and installing it in the right-of-way will not interfere with traffic, utilities or any 31 other purpose for which the right-of-way exists. The person installing an assembly must obtain 32 express written approval from the city regarding the location, height, depth, enclosure, and other 33 requisites of the assembly prior to its installation. 34 (2) All permits and inspections required by any applicable code or regulation to perform work in the 35 right-of-way shall be obtained prior to the installation of the assembly. 36 (3) The assembly shall be installed below or flush with the surrounding grade except when it is not 37 practicable to install it in this manner. Any assembly or portion of an assembly which extends 38 above ground shall be located no closer than 18 inches to the face of any curb. 39 (4) The city shall not be liable for any damage done to or caused by an assembly installed in a 40 right-of-way. A person that installs an assembly in a city right-of-way shall repair, clean up, and 41 restore any and all streets, alleys, highways, public thoroughfares, public utility easements, 42 public ways, and other public property within a reasonable time, not to exceed ten days after the 43 completion of the work, to as good or better condition as existed prior to the commencement of 44 the work, and to the satisfaction of the director. 4 1 (5) A property owner shall, at the request of the city and at the owner's expense, relocate an 2 assembly that encroaches upon any city right-of-way when such relocation is deemed 3 necessary by the city. 4 (6) A person commits an offense if he fails to relocate an assembly located in or upon any city right- 5 of-way after receiving a written order from theFegulatery Director requesting such 6 relocation. 7 Sec. 44-176. Multiple connections. 8 The owner of any premises requiring multiple service connections for adequacy of supply and/or fire 9 protection must install an assembly on each of the additional service lines to the premises. The type of 10 assembly required will be determined by the degree of hazard that may occur in the event of an 11 interconnect between any of the buildings on the premises. 12 Sec. 44-177. Protection required; installation. 13 (a) The assembly protection which is required under this article shall be any of the duly authorized 14 assemblies listed in the Uniform Plumbing Code, or as determined by the Fegulater 15 autherityDirector. Each assembly must be approved in writing by the regulater„ a t4Gf yDirector in 16 conjunction with the chief building inspector of the city prior to installation. Failure to obtain such 17 written approval prior to installation of the assembly may result in the assembly failing to meet final 18 approval by the Fegulatery authGrit Director. Theregulatery i Director shall determine the 19 type and location of assembly to be installed within the area served by the city. An assembly shall be 20 required in each of the following circumstances, but the regulateFy a uthGr#ypirector is not limited to 21 requiring the installation of an assembly only in the following circumstances: 22 (1) The nature and extent of any activity on or near the premises, or the materials used in 23 connection with any activity on or near the premises, or materials stored on or near the 24 premises, may contaminate or pollute the potable water supply. 25 (2) Premises having any one or more cross connections identified or one or more cross 26 connections present on the premises. 27 (3) One or more cross connections are present on the premises and the cross connections are 28 protected by an atmospheric vacuum breaker device (AVB). 29 (4) Internal cross connections are present that are not correctable. 30 (5) Intricate plumbing arrangements are present which make it impractical to ascertain whether 31 cross connections exist. 32 (6) There is a repeated history of cross connections being established or re-established on the 33 premises. 34 (7) There is unduly restricted entry so that inspections for cross connections cannot be made with 35 sufficient frequency to assure that cross connections do not exist. 36 (8) Materials are being used on the premises such that, if backflow should occur, a health hazard 37 may result. 38 (9) Installation of an approved backflow prevention assembly is deemed to be necessary to 39 accomplish the purpose of these regulations in the sole judgment of the city. 40 (10) An appropriate cross connection survey report form has not been filed with the utility 41 department of the city after a request by the city. 42 (11) A fire sprinkler system on the premises is connected to the city's water system. 5 1 (12) All new construction, if deemed necessary as a result of the customer service inspection 2 referred to in section 44-182. The type of assembly required shall be commensurate with the 3 degree of hazard as determined by the regi latery of nth #VDQirector. 4 (13) When a building is constructed on commercial premises, and the end use of such building is not 5 determined or could change, a reduced pressure principle backflow prevention assembly must 6 be installed at the service connection that supplies water for public domestic use. 7 (14) Any used water return system is present on the premises. 8 (15) In the event a point-of-use assembly has not had the testing or repair done as required by this 9 section, a premises isolation assembly will be required. 10 (16) If it is determined that additions or alterations have been made to the plumbing system without 11 obtaining proper permits, premises isolation may be required. 12 (17) All multistory buildings or any building with a booster pump or elevated storage tank. 13 (18) Retrofitting will be required on all high hazard connections, and in additional circumstances in 14 which the city deems it necessary to retrofit. 15 (b) All assemblies installed after the effective date of the ordinance from which this article is derived 16 shall be installed in a manner designed to facilitate ease of inspection by the regulatery 17 a t tyDirector of the city. Any currently installed assemblies that, in the opinion of the regulateFy 18 autharityDirector, are located in inaccessible locations, or where the tester is subjected to physical 19 danger, shall be relocated to location approved in writing by theFegulatery ' Director. 20 Sec. 44-178. Testing of assemblies. 21 (a) The regulateFy authGrftyQirector shall inspect and test, or cause to be inspected and tested, all 22 assemblies in each of the following circumstances: 23 (1) Immediately after installation; 24 (2) Whenever the assembly is relocated; 25 (3) A minimum of once a every 12 months for assemblies that are used in high-hazard applications. 26 Assemblies that are used in non-hazard applications must be tested a minimum of once every 27 tea seven years; 28 (4) Premises that have been vacated and unoccupied for 12 months, prior to reoccupancy; or 29 (5) Immediately after repairs have been made to the assembly. 30 (b) All assembly testing shall be performed by a licensed backflow prevention assembly tester registered 31 with the third party vendor. 32 (c) Duly authorized employees of the city are authorized to enter any public or private property at any 33 reasonable time for the purpose of enforcing this article. Persons and occupants of premises which 34 are provided water service by the city, either directly or indirectly, shall allow the city ready access at 35 all reasonable times to all parts of the premises for the purposes of inspection, testing, records 36 examination, or in the performance of any of their duties. Where persons or occupants of premises 37 have security measures in force which would require proper identification and clearance before entry 38 onto their premises, the persons and occupants of the premises shall make necessary arrangements 39 with their security personnel so that upon presentation of suitable identification, personnel from the 40 city will be permitted to enter, without delay, for the purposes of performing their responsibilities. 41 (d) The city shall not be liable to any person for any damage to an assembly that occurs during testing. 42 (e) The regi ila+gry a tl;GFit girector may cause a water use survey to be conducted at any commercial 43 establishment located in the city which is served by a public water supply or which provides water to 44 the public. Upon determination by the fegulateryautherityDirector that the commercial establishment 45 falls under the provisions of this article and requires an assembly, the regulateryawtharityDirector 6 1 shall issue a notice to abate the condition or order the commercial establishment to install the proper 2 assembly. 3 (f) It is the responsibility of any person who owns or controls property subject to this article to have all 4 assemblies tested in accordance with this article. Assemblies may be required to be tested more 5 frequently if the FegulatGry a utI4G4ty2:irector deems it necessary. 6 (g) All results from assembly testing, repairs and replacements by a licensed backflow prevention 7 assembly tester shall be submitted to the third party vendor FeGGFded, in writing, an a ferm that may 8 be ebtained by the tester from the nity 9 Sec. 44-179. Thermal expansion. 10 It is the responsibility of any person who owns or controls property subject to this article to eliminate 11 the possibility of thermal expansion if a closed system has been created by the installation of an 12 assembly. 13 Sec. 44-180. Pressure loss. 14 Any reduction in water pressure caused by the installation of an assembly is not the responsibility of 15 the city. The city shall not be liable to any person for damages resulting from any reduction in water 16 pressure caused by the installation of an assembly. 17 Sec. 44-181. Residential service connections. 18 Any person who owns or controls any residential property which has been determined to have an 19 actual or potential cross connection will be required to eliminate the actual or potential cross connection 20 or have an approved backflow assembly installed in accordance with this article. 21 Sec. 44-182. Customer service inspection. 22 (a) Pursuant to commission water system regulations, a customer service inspection for cross 23 connection control shall be completed by the city prior to providing continuous water service in each 24 of the following circumstances: 25 (1) Water service to a newly constructed facility or previously nonexisting premises; 26 (2) After any material improvement to buildings or premises; 27 (3) Any correction or addition to the plumbing of any facility or premises served by the city; or 28 (4) TheregulatGFy Director deems it necessary. 29 (b) Permanent water service shall not be supplied to a newly constructed facility until after the customer 30 service inspection is completed. 31 Sec. 44-183. Installation guidelines and requirements for backflow prevention 32 assemblies. 33 (a) The following requirements shall apply to the installation of all assemblies: 34 (1) Approved backflow prevention assemblies shall be installed in accordance with state law, 35 commission rules, this article, and any other applicable law or regulation. The assembly installer 36 must obtain the required plumbing permits and have the installation inspected by the regulater-y 37 aetherityD i rector. 7 1 (2) With respect to facilities where the FegulatGry autkgi}, Director requires an assembly to be 2 installed at the point of delivery of the water supply, the installation of the assembly must be 3 made at a point prior to any branch in the line. Such installation must be made on private 4 property within two feet of the water meter. If deemed necessary, the regalatery 5 autherit-yDirector may specify other areas for installation of the assembly. Assemblies that must 6 be installed, or are located on, city rights-of-way are the responsibility of the business or entity 7 that the water line is serving. 8 (3) All assemblies must be protected from damage caused by freezing or other severe weather 9 conditions. 10 (4) All assemblies shall be of a type and model approved in writing by the regulatary 11 aetherityDirector prior to installation. 12 (5) All vertical installations of assemblies must have prior written approval by the regulatery 13 auth e rityQiau} rector. 14 (6) Approved backflow prevention assemblies that are larger than four inches and installed more 15 than five feet above floor level must have a suitable platform for use by testing, inspection, or 16 maintenance personnel. 17 (7) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line must 18 not be installed on the premises. 19 (8) Lines should be thoroughly flushed prior to installation of an assembly. A strainer with blowout 20 tapping may be required ahead of the assembly. 21 (9) All facilities that require continuous, uninterrupted water service and are required to have an 22 assembly must make provisions for the parallel installation of assemblies of the same type so 23 that testing, repair and maintenance can be performed without interrupting the water service to 24 the premises. The assemblies should be sized in such a manner that either assembly, operating 25 independently, will provide the maximum flow required. 26 (10) The property owner assumes all responsibility for any damages resulting from installation, 27 operation, and/or maintenance of an assembly. The owner shall be responsible for keeping all 28 assembly vaults reasonably free of silt and debris. 29 (11) Upon completion of installation, the regulatory awthGfityDirector shall be notified by the owner of 30 the premises, and all assemblies must be inspected and tested. All assemblies must be 31 approved in writing by and registered with the Fegulatory autheritDirector, and the owner of the 32 premises shall provide to the regulatery au#iGr4ty2irector the date of installation, manufacturer, 33 model, type, size, and serial number of the assembly, and initial test report. 34 (12) Requests for variances from the specifications and requirements of this article will be evaluated 35 on a case-by-case basis. Any deviations from this article must have prior written approval of the 36 regulatory authGr .yDQirector. 37 (b) Upon written approval by the regulatery awthoFit Director, reduced pressure principle backflow 38 prevention assemblies (RPs) may be utilized on premises where a substance is handled that would 39 be hazardous to health if introduced into the potable water system. The RP is normally used in 40 locations where an air gap is impractical. The RP must be effective against both backsiphonage and 41 backpressure. 42 (1) RPs must be sized to provide an adequate supply of water and pressure for the premises being 43 served. Flow characteristics are not standard. The manufacturer's specifications must be 44 consulted for specific performance data. 45 (2) Each RP assembly must be readily accessible for testing and maintenance and must be located 46 in an area where water damage to building or furnishings would not occur in the event of a relief 47 valve discharge. The property owner assumes all responsibility for any damage caused by 48 water discharge from a RP assembly. 8 1 (3) An approved air gap shall be located at the relief valve orifice of RP assemblies. This air gap 2 shall be at least twice the inside diameter of the incoming supply line as measured vertically 3 above the top rim of the drain and in no case less than one inch. An approved air gap funnel 4 assembly may be used to direct minor discharges away from the assembly; however, this 5 assembly may not be used to control flow in a continuous relief situation. Drain lines to 6 accommodate full relief valve discharge flow should be installed. 7 (4) No part of an RP assembly shall be submerged in water or installed in a location subject to 8 flooding. RPs must be installed above grade in well-drained areas. 9 (5) RP assembly enclosures shall be designed for ready access and sized to allow for the minimum 10 clearances established below. Removable protective enclosures should be installed on smaller 11 RP assemblies. Daylight drain ports must be provided to accommodate full pressure discharge 12 from the RP assembly. 13 (6) RP assemblies two inches and smaller shall have at least six inches of clearance on both sides 14 and on top of the assembly, and 12 inches of clearance below and behind the assembly. All RP 15 assemblies larger than two inches shall have a minimum of 12 inches of clearance on the back 16 side, 24 inches of clearance on the test cock side. The relief valve opening shall be at least 12 17 inches (plus nominal size of assembly) above the floor or highest possible water level. 18 Headroom of 60 inches is required in vaults without a fully removable top. A minimum access 19 opening of 36 inches in diameter is required on all vault lids. 20 (7) Vertical installation of RP assemblies is prohibited. 21 (8) All RP assemblies must be tested in accordance with this article. Tests are the responsibility of 22 the premises owner. The owner must notify the regulatery autheFffityjQ�irector upon the installation 23 of any assembly. 24 (c) Reduced pressure principle detector backflow prevention assemblies (RPDAs) may be utilized in all 25 installations requiring a reduced pressure principle backflow prevention assembly and detector 26 metering. 27 (1) RPDAs shall comply with the installation requirements applicable for reduced pressure principle 28 backflow assemblies (RPs). 29 (2) Each line-size RP assembly and the bypass RP assembly must each be tested for proper 30 functioning. A separate test report for each assembly must be completed by the licensed tester. 31 (d) Double check valve backflow prevention assemblies (DCs) may be utilized on premises where a 32 substance is handled that would be objectionable but not hazardous to health if introduced into the 33 potable water system. 34 (1) DCs must be sized to provide an adequate supply of water and pressure for the premises being 35 served. The manufacturer's specifications must be consulted for specific performance data. 36 (2) Premises where an uninterrupted water supply is critical must be provided with two DC 37 assemblies installed in parallel. DC assemblies should be sized in such a manner that either 38 assembly, operating independently, will provide the maximum flow required. 39 (3) Each DC assembly shall be readily accessible with adequate room for testing and maintenance. 40 DCs may be installed below grade, provided that all test cocks are fitted with brass pipe plugs. 41 All vaults shall be well drained, constructed of suitable materials, and sized to allow for the 42 minimum clearances established below. 43 (4) DC assemblies two inches and smaller shall have at least six inches of clearance below and on 44 both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not 45 more than 24 inches below grade. All DC assemblies larger than two inches shall have a 46 minimum clearance of 12 inches on the back side, 24 inches of clearance on the test cock side, 47 and 12 inches of clearance below the assembly. Headroom of 60 inches is required in vaults 48 without a fully removable top. A minimum access opening of 36 inches in diameter is required 49 on all vault lids. "Y" pattern DCs shall be installed so that the checks are horizontal and the test 9 I cocks face upward. These clearance standards apply to all DC assemblies installed in vaults, 2 enclosures or meter boxes. 3 (5) Vertical installations of DCs are allowed only on sizes up to and including four inches and which 4 also meet the following requirements: 5 a. Equipped with internally spring-loaded check valves; 6 b. Flow is upward through assembly; 7 c. Manufacturer states their assembly can be used in a vertical position; 8 d. Approved by regulateFy auU4G4t-y2irector. 9 (6) All DCs must be tested in accordance with this article. Tests are the responsibility of the 10 assembly and premises owner. The owner must notify the r ulateryautl4e#i# Director upon the 11 installation of any assembly. 12 (e) Double check detector backflow prevention assemblies (DCDA) may be utilized in all installations 13 requiring a DC and detector metering. 14 (1) DCDAs shall comply with the installation requirements applicable for DCs. 15 (2) Each line-size DC assembly and the bypass DC assembly must be tested for proper 16 functioning. A separate test report for each assembly must be completed by the licensed tester. 17 (f) Pressure vacuum breaker backflow prevention assemblies (PVBs) may be utilized at point-of-use 18 protection only and where a substance is handled that would be objectionable but not hazardous to 19 health if introduced into the potable water system. PVBs protect against backsiphonage only and 20 shall not be installed where there is potential for backpressure contamination. 21 (1) Each PVB assembly shall be installed a minimum of 12 inches above the highest downstream 22 piping. 23 (2) PVBs shall not be installed in any area subject to flooding or where damage may occur from 24 water discharge. 25 (3) Each PVB assembly shall be readily accessible for testing and maintenance, with a minimum 26 clearance of 12 inches in all areas immediately adjacent to the assembly. 27 (4) All PVBs must be tested in accordance with this article. Tests are the responsibility of the 28 assembly and premises owner. The owner must notify the regulator aetiarityDirector upon the 29 installation of any assembly. 30 (g) Spill resistant pressure vacuum breaker backflow prevention assemblies (SVBs) may be utilized in 31 all installations requiring a pressure vacuum breaker. SVBs shall comply with the installation 32 requirements applicable for pressure vacuum breaker backflow prevention assemblies (PVBs). 33 Sec. 44-184. Air gap separation. 34 Air gap separations provide maximum protection from backflow hazards and may be utilized in water 35 systems situated on premises where a substance is present which would be hazardous to health if 36 introduced into the potable water system. 37 (1) An air gap separation shall be at least twice the diameter of the supply pipeline measured 38 vertically above the top rim of the receiving vessel, and in no case less than one inch. If 39 splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45- 40 degree angle, and the air gap distance shall in such case be measured from the bottom of the 41 angle. Hoses shall not be used. 42 (2) Air gap separations shall not be altered in any way without prior written approval from the 43regulatory Director, and must be accessible for inspection at all reasonable times. 10 1 (3) Side walls, ribs, or similar obstructions shall be spaced from the inside edge of the spout 2 opening to a distance greater than three times the diameter of the effective opening for a single, 3 or to a distance greater than four times the effective opening for two intersecting walls. 4 (4) In systems where there are three or more side walls, ribs, or similar obstructions extending from 5 the water surface to or above the horizontal plane of the spout opening in a manner other than 6 specified in section 44-183(c), the air gap shall be measured from the top of the wall. 7 (5) The effective opening shall be the minimum cross sectional area at the seat of the control valve 8 or the supply pipe or tubing which feeds the assembly or outlet. If two or more lines supply one 9 outlet, the effective opening shall be the sum of the cross sectional areas of the individual 10 supply lines or the area of the single outlet, whichever is smaller. 11 Sec. 44-185. Fire systems. 12 (a) An approved DCDA or RPDA shall be installed on fire sprinkler systems comprised of piping material 13 that is not approved for potable water use and/or that does not provide for periodic flow-through 14 during each 24-hour period, unless a variance has been granted in writing by the regulatory 15 aut#erityDirector. A RPDA must be installed if any solution or substance other than the potable water 16 may be introduced into the sprinkler system. 17 (b) Upon the approved installation of a DCDA or RPDA, a cross connection test report completed by a 18 city registered, licensed fireline tester must be sent to the Director, and such 19 report must include the information required by this article. 20 Sec. 44-186. Responsibilities. 21 (a) All property owners and persons in control of any premises shall comply with the provisions of this 22 article. In the event of any changes to the plumbing system, it is the responsibility of the property 23 owners and persons in control of any premises to notify the regulator„ au hgr y2irector. All property 24 owners and/or persons in control of any premises are also responsible for the following: 25 (1) Payment of all costs associated with this article and the purchase, installation, maintenance, 26 testing, and repair of the assemblies required by this article. 27 (2) To install and maintain all assemblies in accordance with this article and acceptable industry 28 practices. 29 (3) All commercial establishments shall annually test, or cause to be tested, all assemblies on the 30 premises. Such tests must be conducted by a licensed backflow prevention assembly tester 31 who is registered with the city. 32 (4) Maintain all assemblies in proper working order at all times, including making repairs as 33 required to ensure the proper functioning of the assemblies. 34 (5) Maintain all assemblies such that the assemblies may be tested by a method that has been 35 approved by the regi ilatery a rthnr yQirector. 36 (6) Each record related to assembly installation, testing and repair shall be maintained on the 37 premises for a minimum of three years. 38 (7) If not obtained by the licensed backflow prevention assembly tester, apply for and obtain a 39 building permit from the building official of the city prior to commencing any work, including 40 testing of, on any assembly device. 41 (b) All licensed backflow prevention assembly testers shall: 42 (1) Annually register with the regulatsry—att#er-tythird party vendor, pay any required fee, and 43 provide the information required by this article. 44 (2) Maintain testing equipment in proper working condition/calibration. 11 1 (3) Maintain the design or operation characteristics of an assembly. 2 (4) Ensure that devices are tested in compliance with accepted industry practices, commission 3 regulations, and all other applicable laws and regulations. 4 (5) Enter the required testing data, including test gauge serial numbers, on third party vendor's 5 website Gress sane^+in., test fnrmc nhfninnrl fr$rnfhe reg latGry a thnrity 6 (6) Report test results electronically to the third party vendor's website 7 within 3915 days of testing. For any new assemblies, either new installs or previously 8 undocumented assemblies not in the third party vendor's system, the tester may submit by e- 9 mail or fax the test results to the third party vendor for the initial year. 10 (7) Provide a copy of the completed test report to the property owners and/or persons in control of 11 any premises subject to the testing requirements of this article. 12 (8) Maintain each testing and/or repair record for a minimum of three years. 13 (9) If not obtained by the property owner, apply for and obtain a building permit from the building 14 official of the city prior to commencing any work, including testing, on any assembly device. 15 (10) Pay the third party vendor fee as a data entry charge for each test report submitted to the third 16 party vendor's website. 17 (c) The regulatoFy awthofityDirector shall have the authority to enforce the provisions of this article, state 18 law, and regulations regarding cross connections. The Fegulatery aut4er#ygirector shall inspect and 19 initially test, or cause to be tested, all assemblies installed pursuant to the requirements of this 20 article. Permanent water service shall not be provided to new facilities until all assemblies have been 21 tested and are functioning properly. Except in cases where the testing of assemblies must be 22 delayed until the installation of internal production or auxiliary equipment, the Fegulatery 23 authprb shall not approve a certificate of occupancy until all assemblies have been tested 24 and are functioning properly. 25 (d) The third party vendor shall: 26 (1)Through the use of its proprietary software, maintain an online database and website for testers 27 to register and input test reports. 28 (2)Send by mail a notice to a property owner or person in control of the premises approximately 30 29 days prior to the testing due date advising the property owner that the assembly is due for 30 testing, and transmit a copy of the notice to the last tester of record. 31 (3)Send by mail a second notice to a property owner or person in control of the premises once the 32 testing due date has passed if a test report for the assembly has not been submitted. 33 (3)Transmit a notice of non-compliance to the Director by electronic transmission if the third party 34 vendor fails to receive a test report within 15 day of the mailing the second notice. 35 Sec. 44-187. Backflow prevention assembly tester registration required. 36 Persons desiring to be approved backflow prevention assembly testers within the city must provide 37 to theregulatery third party vendor proof of commission licensing, and provide proof that their 38 testing equipment is able to maintain a calibration of plus or minus 0.2 psid accuracy. The third party 39 vendor shall maintain a database of licensed and registered testers. 40 Sec. 44-188. Fees. 41 (a) All property owners and/or persons in control of an assembly device shall have the assembly tested 42 as required by a licensed tester. All property owners and/or persons in control of an assembly 43 device shall pay the testing fee to the tester upon completion of the testa fee of $25.00 for each 12 1 assembly device eaph tomo the assembly is tested-. If a property owner and/or person in control of an 2 assembly device fails to test the device within 30 days of the required testing date, the regulatery 3 awtherityDirector may perform the test and assess a testing fee of $100.09$75.00 plus the actual 4 cost of the test for each separate assembly device on which the regulatGFy autherityDirector 5 performs a test. 6 (b) The regiilatGry authnrity shall a se s a to ting fee of$1 W.00 per each separate assembly nn which 7 the regulatery ai itl;G ity perfeFrns a_test This fee applies to but is net limited- to all needy installed- 8 hanLf'E)w de„ir.es. If an neWly installed- assembly is deemed not to be working properly upon the 9 initial inspection or testing of the assembly, the Director shall have the necessary repairs and/or 10 adjustments made immediately and shall retest the assembly.prgperte, wners and-,nr persnps in 11 12 reinspeGtoGn by the regulatery authority. A retest fee of $50.00 will be assessed fA-.r e2Gh retest 13 performed- by the regi ilatery a,ithgri+,, The property owner will then be required to pay the actual cost 14 of the retest and repair required. 15 Sec. 44-189. Compliance for lawn irrigation or sprinkler systems. 16 All persons installing commercial and residential lawn irrigation or sprinkler systems shall annually 17 register with the 4 Director and obtain a permit from the building inspection department 18 of the city prior to making such installations. The installation requirements must comply with standards for 19 the applicable device required by this article. Interconnections of the potable water supply with an 20 alternate water source are prohibited. Appropriate backflow prevention devices must be installed on the 21 premises if any mechanical injection stations are used with the irrigation or sprinkler system. 22 Sec. 44-190. Mobile units. 23 The connection of a mobile unit to any potable water system is prohibited unless such connection is 24 protected by an air gap or an approved backflow prevention assembly. Prior approval and annual device 25 testing of any air gap or assembly must be obtained from the regulatepy AutheFityDirector before 26 connecting a mobile unit to any potable water system. Testing fees shall be assessed in the amounts 27 provided for in section 44-188, and shall be paid by the owner or operator of the mobile units prior to any 28 inspection or testing of the air gap or assembly. 29 Sec. 44-191. Enforcement. 30 (a) Violations. 31 (1) A person commits an offense if he fails to maintain an assembly in compliance with this article. 32 (2) A person commits an offense if he fails to comply with a repair order issued by the rener-y 33 autherityDirector. 34 (3) A person commits an offense if backflow from premises he owns, controls, operates, or 35 manages enters a public potable water supply system. 36 (4) A person commits an offense if he fails to pay any fees required by this article. 37 (5) A person commits an offense if he violates any provision of this article. 38 (6) A person commits an offense if he reinstates water service to premises discontinued or 39 disconnected pursuant to the provisions of this article, except as directed by the regu12tery 40 auther4yDirector. 41 (7) A person owning or in control of premises commits an offense if he allows an unregistered or 42 unlicensed tester to perform testing work on his premises. 13 1 (8) A person commits an offense if he tests an assembly within the city without being registered 2 with the ragelatery awthnr4Q rector. 3 (9) A person commits an offense if he tests an assembly within the city without being licensed by 4 the commission. 5 u A person commits an offense if he possesses on his premises a cross connection that is not 6 Protected by an approved backflow Prevention assembly as described in Section 44-183. 7 (b) Punishment for violations; other remedies. 8 (1) A person who violates any provision of this section is guilty of a misdemeanor and upon 9 conviction is punishable by a fine as provided in section 1-9 for a violation of an ordinance or 10 regulation governing public health and sanitation. 11 (2) In addition to proceeding under the authority of this article, the city is entitled to pursue any and 12 all other criminal and civil remedies to which it is entitled pursuant to the authority granted by 13 any other applicable laws, regulations, or ordinances. 14 (c) In addition to the penalties provided for by this article, the city is entitled to impose penalties or fees 15 provided for by other provisions of this Code for failure to timely pay any bill, or portion thereof, for 16 water, sanitary sewer, and/or reuse water services. 17 (d) A tester's registration may be revoked by the city if the Fegulatnry authnrity2irector determines that 18 the tester: 19 (1) Has falsely, incompletely, or inaccurately written assembly testing reports; 20 (2) Has used inaccurate gauges; 21 (3) Has used improper testing procedures; 22 (4) Has created a threat to public health or the environment; or 23 (5) Has failed to register with third party vendor 24 Has violated any other provision of this article. 25 26 Sees. 44-192-44-220.-Reserved. 27 II. 28 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 29 expressly repealed. 30 B. The invalidity of any section or provision of this ordinance shall not 31 invalidate other sections or provisions thereof. 32 C. The City Council hereby finds and declares that written notice of the date, 33 hour, place and subject of the meeting at which this Ordinance was adopted was posted 34 and that such meeting was open to the public as required by law at all times during 14 1 which this Ordinance and the subject matter hereof were discussed, considered and 2 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 3 Government Code, as amended. Y4 4 READ and APPROVED on first reading this the day of 5 L 12015. 6 READ, APPROVED and ADOPTED on second reading this the day of 7 ' 2015. 8 9 10 ALA 11 City of Round `(�Rock, Texas ,T � 13 ATTEST: 14 ,{ 15 -, K&�2 16 SARA L. WHITE, City Clerk 17 18 15