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G-05-08-11-10B2 - 8/11/2005ORDINANCE NO 081/ AN ORDINANCE AMENDING CHAPTER 10 SECTION 10.700, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS RELATING TO PROTECTION OF THE WATER SUPPLY OF THE CITY OF ROUND ROCK FROM CONTAMINATION OR POLLUTION DUE TO ANY EXISTING OR POTENTIAL CROSS -CONNECTIONS; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, the City of Round Rock ( "City") is a Texas home - rule municipality; and WHEREAS, the City operates a water utility system; and WHEREAS, Section 402.001(b) of the Texas Local Government Code authorizes a municipality to regulate its water utility system in a manner that protects the interests of the municipality; and WHEREAS, the provisions of this ordinance are necessary to protect the water supply of the City from contamination and pollution; Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 10, Section 10.700 of the Code of Ordinances (1995 Edition), City of Round Rock, Texas is hereby amended by deleting Section 10.700 in its entirety, and amended to read as follows: SECTION 10.700 CROSS -CONNECTION CONTROL AND PREVENTION 10.701 CROSS -CONNECTION STANDARDS Every source of contamination or possible contamination from any contaminant which originates from, or is located at, a residential or commercial establishment, and said source C:\DOCUMENTS AND SETTINGS\CMARTINEZ\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK0\AMENDING 10.700 OF CODE RE. CROSS CONNECTION (CLN) (05072802) 1.WPD/clb of contamination or possible contamination is connected to any public water supply or provides water to the public shall be equipped with the protection required under the provisions of this Section. 10.702 DEFINITIONS For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word used in this Section is not contained in the following list, it shall have the definition listed in Subsection 10.105, Round Rock Code of Ordinances or in the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southem California. The following definitions shall apply to this Section: (1) 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 non -pressure 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 shall not be less than one (1) inch in any case. (2) Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum breaker or AVB shall mean a device used to prevent backsiphonage in non -health hazard conditions. This device cannot be tested and cannot prevent backpressure backflow. (3) Approved Backflow Prevention Assembly or Backflow Assembly or Assembly shall mean an Assembly to counteract back pressure or prevent backsiphonage. (4) Auxiliary supply shall mean any water source or system other than the public water system that is or may be available in a building or on real property, including ground water or surface water used for industrial, irrigation or any other purpose. Backflow shall mean the flow in the direction opposite to the normal flow of the City' s water system, or the introduction of any foreign liquids, gases, or substances into the City' s water system. (5) (6) Backflow Prevention Assembly Tester shall mean a tester who is qualified to test backflow pressure assemblies on any domestic, commercial, industrial or irrigation service except firelines. (7) 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 of water in the City' s water system, or the introduction of fluids, mixtures or substances from any source other than the intended source. (8) Backsiphonaqe shall mean the flow of water or other liquids, mixture 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. (9) Boresiqht or Boresight to daylight shall mean the provision of adequate drainage for assemblies installed in vaults through the use of an unobstructed drain pipe. 2 (10) Commercial establishment shall mean any property or location which is used for the manufacture, production, storage, wholesaling or retailing of any good or ware which is, or may be, placed in the flow of commerce, or any property or location which is used for the provision of any service for compensation. (11) Contaminants shall mean any foreign material, solid or liquid, not common to the potable water supply which makes or may make the water unfit or undesirable for human or animal consumption. (12) Contamination shall mean the admission of contaminants into the potable water supply system. (13) Cross -connection 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 may be possible for any nonpotable, used, unclean, polluted and/or contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions. (14) Cross -connection control device shall mean any 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/or contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions. (15) Degree of hazard shall mean the hazard classification that shall be assigned to all actual or potential cross -connections. (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. (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 - connections that potentially could allow a substance that may be objectionable but not hazardous to a Person ' s health to backflow into the potable water supply. (d) Plumbing hazard means an intemal or plumbing -type cross -connection in a consumer' s potable water system that may be either a pollutional or a contamination -type hazard. (e) Pollutional 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 herein. 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. 3 (f) 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 pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. (16) Double check detector backflow 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. (17) Double check valve backflow 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. (18) Fireline Tester shall mean a tester who is employed by a state -approved fireline contractor and is qualified to test assemblies on firelines only. (19) 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. (20) Non-residential 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. " (21) 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. (22) Potable water supply shall mean any water supply intended or used for human consumption or other domestic use. (23) Premises shall mean any piece of property to which water is provided, including all improvements, mobile structures, and structures located on the property. (24) Premises Isolation shall mean the appropriate backflow prevention at the service connection between the public water system and the water user. (25) 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 single check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, the assembly must have suction and discharge gate valves and resilient seated test cocks which allow the complete testing of the assembly. (26) Public water system or water 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 used in the process of producing, treating, storing, or conveying water for public consumption. 4 (27) Reduced pressure principle backflow 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 below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve the end of the assembly. (28) Reduced pressure principal detector backflow 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 must be capable of accurately registering very low rates of flow. (29) Regulatory Authority shall mean the Director of the City, or his designee, who is vested with the authority and responsibility to administer this Section. (30) Representative of the water system shall mean the Director of the City, or his designee, who is vested with the authority to perform cross -connection control duties which shall include, but are not limited to, cross -connection inspections and water use surveys. (31) Residential use shall mean water use of any residential Customer of the water supply and shall include, but is not limited to, single family dwellings, duplexes, multiplex, housing 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. (32) Service connection shall mean the point of delivery at which the water supplier loses control of the water. (33) 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 must be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. (34) Thermal expansion shall mean heated water that does not have the space to expand. (35) 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. 10.703 RIGHT -OF WAY ENCROACHMENT. No Person shall install or maintain an assembly, or any part thereof, upon or within any City right-of-way except as provided in this section. 5 (1) An assembly required by the City may be installed upon or within any City right-of- way only if the owner demonstrates to the City' s satisfaction that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic, utilities or any other purpose for which the right-of-way exists. The Person installing an assembly must obtain express, written approval from the City regarding the location, height, depth, enclosure, and other requisites of the assembly prior to its installation. (2) (3) All permits and inspections required by any applicable code or regulation to perform work in the right-of-way shall be obtained prior to the installation of the assembly. 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 eighteen (18) inches to the face of any curb. (4) The City shall not be liable for any damage done to or caused by an assembly installed in a right-of-way. A Person that installs an assembly in a City right-of-way shall repair, clean up, and restore any and all streets, alleys, highways, public thoroughfares, public utility easements, public ways, and other public property within a reasonable time, not to exceed ten (10) days, after the completion of the work, to as good or better condition as existed prior to the commencement of the work, and to the satisfaction of the Director. (5) A property owner shall, at the request of the City and at the owner's expense, relocate an assembly that encroaches upon any City right-of-way when such relocation is deemed necessary by the City. (6) A Person commits an offense if he/she fails to relocate an assembly located in or upon any City right-of-way after receiving a written order from the Regulatory Authority requesting such relocation. 10.704 MULTIPLE CONNECTIONS The owner of any premises requiring multiple service connections for adequacy of supply and/or fire protection must install an assembly on each of the additional service lines to the premises. The type of assembly required will be determined by the degree of hazard that may occur in the event of an interconnect between any of the buildings on the premises. 10.705 PROTECTION REQUIRED; INSTALLATION (1) The assembly protection which is required under this Section shall be any of the duly authorized assemblies listed in the Uniform Plumbing Code, oras determined by the Regulatory Authority. Each assembly must be approved in writing by the regulatory authority in conjunction with the chief building inspector of the City prior to installation. Failure to obtain such written approval prior to installation of the assembly may result in the assembly failing to meet final approval by the Regulatory Authority. The Regulatory Authority shall determine the type and location of assembly to be installed within the area served by the City. An assembly shall be required in each of the following circumstances, but the Regulatory Authority is not 6 limited to requiring the installation of an assembly only in the following circumstances: (a) The nature and extent of any activity on or near the premises, or the materials used in connection with any activity on or near the premises, or materials stored on or near the premises, may contaminate or pollute the potable water supply. (b) Premises having any one or more cross -connections identified or one or more cross -connections present on the premises. (c) One or more cross -connections are present on the premises and the cross- connection(s) is (are) protected by an atmospheric vacuum breaker device (AVB). (d) Internal cross -connections are present that are not correctable. (e) Intricate plumbing arrangements are present which make it impractical to ascertain whether cross -connections exist. (f) There is a repeated history of cross -connections being established or re- established on the premises. 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. (g) (h) Materials are being used on the premises such that, if backflow should occur, a health hazard may result. Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the sole judgement of the City. (1) (i) An appropriate cross -connection survey report form has not been filed with the Utility Department of the City after a request by the City. (k) A fire sprinkler system on the premises is connected to the city's water system. (1) (m) All new construction if deemed necessary as a result of the Customer Service Inspection referred to in Subsection 10.710. The type of assembly required shall be commensurate with the degree of hazard as determined by the Regulatory Authority. 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 must be installed at the service connection that supplies water for public domestic use. (n) Any used water return system is present on the premises. (o) In the event a point -of -use assembly has not had the testing or repair done as required by this Section, a premises isolation assembly will be required. If it is determined that additions or alterations have been made to the plumbing system without obtaining proper permits, premises isolation may be required. (p) (q) All multistory buildings or any building with a booster pump or elevated storage tank. (r) Retrofitting will be required on all high hazard connections, and in additional circumstances in which the City deems it necessary to retrofit. (2) All assemblies installed after the effective date of this Section shall be installed in a manner designed to facilitate ease of inspection by the Regulatory Authority of the City. Any currently installed assemblies that, in the opinion of the Regulatory Authority, are located in inaccessible locations, or where the tester is subjected to physical danger, shall be relocated to location approved in writing by the Regulatory Authority. 10.706 TESTING OF ASSEMBLIES (1) The Regulatory Authority shall inspect and test, or cause to be inspected and tested, all assemblies in each of the following circumstances: (a) Immediately after installation; (b) Whenever the assembly is relocated; (c) A minimum of once a every twelve (12) months for assemblies that are used in high -hazard applications. Assemblies that are used in non -hazard applications must be tested a minimum of once every ten (10) years; (d) Premises that have been vacated and unoccupied for twelve (12) months, prior to reoccupancy; or (e) Immediately after repairs have been made to the assembly. All assembly testing shall be performed bya licensed Backflow Prevention Assembly Tester registered with the Regulatory Authority. Duly authorized employees of the City are authorized to enter any public or private property at any reasonable time for the purpose of enforcing this Section. Persons and occupants of premises which are provided water service by the City, either directly or indirectly, shall allow the City 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 onto their premises, the Persons and occupants of the premises shall make necessary arrangements with their security personnel so that (2) (3) 8 upon presentation of suitable identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their responsibilities. (4) The City shall not be liable to any Person for any damage to an assembly that occurs during testing. The Regulatory Authority may cause a water use survey to be conducted at any commercial establishment located in the City which is served by a public water supply or which provides water to the public. Upon determination by the Regulatory Authority that the commercial establishment falls under the provisions of this Section and requires an assembly, the Regulatory Authority shall issue a notice to abate the condition or order the commercial establishment to install the proper assembly. (6) It is the responsibility of any Person who owns or controls property subject to this Section to have all assemblies tested in accordance with this Section. Assemblies may be required to be tested more frequently if the Regulatory Authority deems it necessary. (5) (7) All results from assembly testing by a licensed Backflow Prevention Assembly Tester shall be recorded, in writing, on a form that maybe obtained by the tester from the City. 10.707 THERMAL EXPANSION It is the responsibility of any Person who owns or controls property subject to this Section to eliminate the possibility of thermal expansion if a closed system has been created by the installation of an assembly. 10.708 PRESSURE LOSS Any reduction in water pressure caused by the installation of an assembly is not the responsibility of the City. The City shall not be liable to any Person for damages resulting from any reduction in water pressure caused by the installation of an assembly. 10.709 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 Section. 10.710 CUSTOMER SERVICE INSPECTION (1) Pursuant to Commission 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: (a) Water service to a newly constructed facility or previously nonexisting premises; 9 (b) After any material improvement to building(s) or premises; (c) Any correction or addition to the plumbing of any facility or premises served by the City; or (d) The Regulatory Authority deems it necessary. (2) Permanent water service shall not be supplied to a newly constructed facility until after the Customer Service Inspection is completed. 10.711 INSTALLATION GUIDELINES AND REQUIREMENTS FOR BACKFLOW PREVENTION ASSEMBLIES (1) The following requirements shall apply to the installation of all assemblies. (a) Approved backflow prevention assemblies shall be installed in accordance with State law, Commission Rules, this Section, and any other applicable law or regulation. The assembly installer must obtain the required plumbing permits and have the installation inspected by the Regulatory Authority. (b) With respect to facilities where the Regulatory Authority requires an assembly be installed at the point of delivery of the water supply, the installation of the assembly must be made at a point prior to any branch in the line. Such installation must be made on private property within two (2) feet of the water meter. If deemed necessary, the Regulatory Authority may specify other areas for installation of the assembly. Assemblies that must be installed, or are located on, City rights-of-way are the responsibility of the business or entity that the water line is serving. (c) All assemblies must be protected from damage caused by freezing or other severe weather conditions. (d) All assemblies shall be of a type and model approved in writing by the Regulatory Authority prior to installation. (e) All vertical installations of assemblies must have prior written approval by the Regulatory Authority. Approved backflow prevention assemblies that are larger than 4 inches and installed more than 5 feet above floor level must have a suitable platform for use by testing, inspection, or maintenance personnel. Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line must not be installed on the premises. (h) Lines should be thoroughly flushed prior to installation of an assembly. A strainer with blowout tapping may be required ahead of the assembly. All facilities that require continuous, uninterrupted water service and are required to have an assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed without interrupting the water service to the (f) (g) (i) 10 premises. The assemblies should be sized in such a manner that either assembly, operating independently, will provide the maximum flow required. (j) The property owner assumes all responsibility for any damages resulting from installation, operation, and/or maintenance of an assembly. The owner shall be responsible for keeping all assembly vaults reasonably free of silt and debris. (k) Upon completion of installation, the Regulatory Authority shall be notified by the owner of the premises, and all assemblies must be inspected and tested. All assemblies must be approved in writing by and registered with the Regulatory Authority, and the owner of the premises shall provide to the Regulatory Authority the date of installation, manufacturer, model, type, size, and serial number of the assembly, and initial test report. Requests for variances from the specifications and requirements of this Section will be evaluated on a case-by-case basis. Any deviations from this Section must have prior written approval of the Regulatory Authority. (2) Upon written approval by the Regulatory Authority, reduced pressure principle backflow prevention assemblies (RPs) may be utilized on 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 must be effective against both backsiphonage and backpressure. (a) RPs 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 must be consulted for specific performance data. (I) (b) Each RP assembly must be readily accessible for testing and maintenance and must be located in an area where water damage to building or furnishings would not occur in the event of a relief valve discharge. The property owner assumes all responsibility for any damage caused by water discharge from a RP assembly. An approved air gap shall be located at the relief valve orifice of RP assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one inch (1"). An approved air gap funnel assembly may be used to direct minor discharges away from the assembly; however, this assembly may not be used to control flow in a continuous relief situation. Drain lines to accommodate full relief valve discharge flow should be installed. (c) No part of a RP assembly shall be submerged in water or installed in a location subject to flooding. RPs must be installed above grade in well - drained areas. (d) RP assembly enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures should be installed on smaller RP assemblies. Daylight drain 11 (3) ports must be provided to accommodate full pressure discharge from the RP assembly. (e) RP assemblies two (2) inches and smaller shall have at least six (6) inches of clearance on both sides and on top of the assembly, and twelve (12) inches of clearance below and behind the assembly. All RP assemblies larger than two (2) inches shall have a minimum of twelve (12) inches of clearance on the back side, twenty-four (24) inches of clearance on the test cock side. The relief valve opening shall be at least twelve (12) inches (plus nominal size of assembly) above the floor or highest possible water level. Headroom of sixty (60) inches is required in vaults without a fully removable top. A minimum access opening of thirty-six (36) inches in diameter is required on all vault lids. (f) (g) Vertical installation of RP assemblies is prohibited. All RP assemblies must be tested in accordance with this Section. Tests are the responsibility of the premises owner. The owner must notify the Regulatory Authority upon the installation of any assembly. Reduced pressure principle detector backflow prevention assemblies (RPDAs) may be utilized in all installations requiring a reduced pressure principle backflow prevention assembly and detector metering. (a) RPDAs shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies (RPs). (b) Each line -size RP assembly and the bypass RP assembly must each be tested for proper functioning. A separate test report for each assembly must be completed by the licensed tester. (4) Double check valve backflow prevention assemblies (DCs) may be utilized on premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. (a) DCs must be sized to provide an adequate supply of water and pressure for the premises being served. The manufacturer's specifications must be consulted for specific performance data. (b) Premises where an uninterrupted water supply is critical must be provided with two DC assemblies installed in parallel. DC assemblies should be sized in such a manner that either assembly, operating independently, will provide the maximum flow required. (c) Each DC assembly shall be readily accessible with adequate room for testing and maintenance. DCs 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. (d) DC assemblies two (2) inches and smaller shall have at least six (6) inches of 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 twenty-four (24) inches below grade. All DC assemblies larger than two (2) inches shall have 12 (5) a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches of clearance on the test cock side, and twelve (12) inches of clearance below the assembly. Headroom of sixty (60) inches is required in vaults without a fully removable top. A minimum access opening of thirty-six (36) inches in diameter is required on all vault lids. "Y" pattem DCs shall be installed so that the checks are horizontal and the test cocks face upward. These clearance standards apply to all DC assemblies installed in vaults, enclosures or meter boxes. (e) Vertical installations of DCs are allowed only on sizes up to and including four (4) inches and which also meet the following requirements: (f) (i) Equipped with intemally spring-loaded check valves; (ii) Flow is upward through assembly; (iii) Manufacturer states their assembly can be used in a vertical position; (iv) Approved by Regulatory Authority. All DCs must be tested in accordance with this Section. Tests are the responsibility of the assembly and premises owner(s). The owner must notify the Regulatory Authority upon the installation of any assembly. Double check detector backflow prevention assemblies (DCDA) may be utilized in all installations requiring a DC and detector metering. (a) DCDAs shall comply with the installation requirements applicable for DCs. (b) Each line -size DC assembly and the bypass DC assembly must be tested for proper functioning. A separate test report for each assembly must be completed by the licensed tester. (6) Pressure vacuum breaker backflow prevention assemblies (PVBs) 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. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure contamination. (a) Each PVB assembly shall be installed a minimum of twelve (12) inches above the highest downstream piping. (b) PVBs shall not be installed in any area subject to flooding or where damage may occur from water discharge. (c) Each PVB assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches in all areas immediately adjacent to the assembly. (d) All PVBs must be tested in accordance with this Section. Tests are the responsibility of the assembly and premises owner. The owner must notify the Regulatory Authority upon the installation of any assembly. 13 (5) (f) (ii) Flow is upward through assembly; (iii) Manufacturer states their assembly can be used in a vertical position; (iv) Approved by Regulatory Authority. All DCs must be tested in accordance with this Section. Tests are the responsibility of the assembly and premises owner(s). The owner must notify the Regulatory Authority upon the installation of any assembly. Double check detector backflow prevention assemblies (DCDA) may be utilized in all installations requiring a DC and detector metering. (a) DCDAs shall comply with the installation requirements applicable for DCs. (b) Each line -size DC assembly and the bypass DC assembly must be tested for proper functioning. A separate test report for each assembly must be completed by the licensed tester. (6) Pressure vacuum breaker backflow prevention assemblies (PVBs) 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. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure contamination. (7) (a) Each PVB assembly shall be installed a minimum of twelve (12) inches above the highest downstream piping. (b) PVBs shall not be installed in any area subject to flooding or where damage may occur from water discharge. (c) Each PVB assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches in all areas immediately adjacent to the assembly. (d) All PVBs must be tested in accordance with this Section. Tests are the responsibility of the assembly and premises owner. The owner must notify the Regulatory Authority upon the installation of any assembly. Spill resistant pressure vacuum breaker backflow prevention assemblies (SVBs) may be utilized in all installations requiring a pressure vacuum breaker. (a) SVBs shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies (PVBs). 10.713 AIR GAP SEPARATION Air gap separations provide maximum protection from backflow hazards and may be utilized in water systems situated on premises where a substance is present which would be hazardous to health if introduced into the potable water system. 14 (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 (1) inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 45° angle, and the air gap distance shall in such case be measured from the bottom of the angle. Hoses shall not be used. Air gap separations shall not be altered in any way without prior written approval from the Regulatory Authority, and must be accessible for inspection at all reasonable times. Side walls, ribs, or similar obstructions shall be spaced from the inside edge of the spout opening to a distance greater than three (3) times the diameter of the effective opening for a single, or to a distance greater than four (4) times the effective opening for two (2) intersecting walls. (4) In systems where there are three (3) or more side walls, ribs, or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening in a manner other than specified in Subsection 10.711(3) above the air gap shall be measured from the top of the wall. The effective opening shall be the minimum cross-sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two (2) or more lines supply one (1) outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. (5) 10.714 FIRE SYSTEMS (1) An approved DCDA or RPDA shall be installed on fire sprinkler systems comprised of piping material that is not approved for potable water use and/or that does not provide for periodic flow-through during each twenty-four (24) hour period, unless a variance has been granted in writing by the Regulatory Authority. A RPDA must be installed if any solution or substance other than the potable water may be introduced into the sprinkler system. (2) Upon the approved installation of a DCDA or RPDA, a cross -connection test report completed by a City registered, licensed fireline tester must be sent to the Regulatory Authority, and such report must include the information required by this Section. 10/15 RESPONSIBILITIES (1) All property owners and Persons in control of any premises shalt comply with the provisions of this Section. In the event of any changes to the plumbing system, it is the responsibility of the property owners and Persons in control of any premises to notify the Regulatory Authority. All property owners and/or Persons in control of any premises are also responsible for the following: (a) Payment of all costs associated with this Section and the purchase, installation, maintenance, testing, and repair of the assemblies required by this Section. 15 (b) To install and maintain all assemblies in accordance with this Section and acceptable industry practices. (c) All commercial establishments shall annually test, or cause to be tested, all assemblies on the premises. Such tests must be conducted by a licensed Backflow Prevention Assembly Tester who is registered with the City. (d) Maintain all assemblies in proper working order at all times, including making repairs as required to ensure the proper functioning of the assemblies. (e) Maintain all assemblies such that the assemblies may be tested by a method that has been approved by the Regulatory Authority. Each record related to assembly installation, testing and repair shall be maintained on the premises for a minimum of three (3) years. If not obtained by the licensed Backflow Prevention Assembly Tester, apply for and obtain a building permit from the Building Official of the City prior to commencing any work, including testing of, on any assembly device. (2) All licensed Backflow Prevention Assembly Testers shall: (a) Annually register with the Regulatory Authority, pay any required fee, and provide the information required by this Section. (b) Maintain testing equipment in proper working condition/calibration. (c) Maintain the design or operation characteristics of an assembly. (d) Ensure that devices are tested in compliance with accepted industry practices, Commission regulations, and all other applicable laws and regulations. (f) (g) (3) (e) Enter the required testing data, including test gauge serial numbers, on cross -connection test forms obtained from the Regulatory Authority. (f) Report test results to the Regulatory Authority within thirty (30) days of testing. (g) Provide a copy of the completed test report to the property owners and/or Persons in control of any premises subject to the testing requirements of this Section. (h) Maintain each testing and/or repair record for a minimum of three (3) years. (1) If not obtained by the property owner, apply for and obtain a building permit from the Building Official of the City prior to commencing any work, including testing of, on any assembly device. The Regulatory Authority shall have the authority to enforce the provisions of this Section, state law, and regulations regarding cross -connections. The Regulatory Authority shall inspect and initially test, or cause to be tested, all assemblies installed 15 pursuant to the requirements of this Section. Permanent water service shall not be provided to new facilities until all assemblies have been tested and are functioning properly. Except in cases where the testing of 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 assemblies have been tested and are functioning properly. 10.716 BACKFLOW PREVENTION ASSEMBLY TESTER REGISTRATION REQUIRED Persons desiring to be approved Backflow Prevention Assembly Testers within the City must provide to the Regulatory Agency proof of Commission licensing, and provide proof that their testing equipment is able to maintain a cafbration of plus or minus 0.2 psid accuracy. 10.717 FEES (1) All property owners and/or Persons in control of an assembly device shall pay a fee of twenty-five dollars ($25.00) for each assembly device each time the assembly is tested. If a property owner and/or Person in control of an assembly device fails to test the device within thirty (30) days of the required testing date, the Regulatory Authority may perform the test and assess a testing fee of one -hundred dollars ($100.00) for each separate assembly device on which the Regulatory Authority performs a test. (2) The Regulatory Authority shall assess a testing fee of one hundred dollars ($100.00) per each separate assembly on which the Regulatory Authority performs a test. This fee applies to, but is not limited to, all newly installed backflow devices. If a newly installed assembly is deemed not to be working properly upon the initial inspection or testing of the assembly, the property owners and/or Persons in control of the premises must make necessary repairs and/or adjustments prior to retesting or reinspection by the Regulatory Authority. A retest fee of fifty dollars ($50.00) will be assessed for each retest performed by the Regulatory Authority. 10.718 COMPLIANCE FOR LAWN IRRIGATION OR SPRINKLER SYSTEMS All Persons installing commercial and residential lawn irrigation or sprinkler systems shall annually register with the Regulatory Authority and obtain a permit from the Building Inspection Department of the City prior to making such installations. The installation requirements must comply with standards for the applicable device required by this Section. Interconnections of the potable water supply with an alternate water source are prohibited. Appropriate backflow prevention devices must be installed on the premises if any mechanical injection stations are used with the irrigation or sprinkler system. 10.719 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 air gap or assembly must be obtained from the Regulatory Authority before connecting a mobile unit to any potable water system. Testing fees shall be assessed in the amounts provided for in Section 10.116, and shall be paid by 17 the owner or operator of the mobile units prior to any inspection or testing of the air gap or assembly. 10.720 ENFORCEMENT (1) Violations (a) A Person commits an offense if he fails to maintain an assembly in compliance with this Section. (b) A Person commits an offense if he fails to comply with a repair order issued by the Regulatory Authority. (c) A Person commits an offense if backflow from premises he owns, controls, operates, or manages enters a public water supply system. (d) A Person commits an offense if he fails to pay any fees required by this Section. (e) A Person commits an offense if he violates any provision of this Section. (f) A Person commits an offense if he reinstates water service to premises discontinued or disconnected pursuant to the provisions of this Section, except as directed by the Regulatory Authority. A Person owning or in control of premises commits an offense if he allows an unregistered or unlicensed tester to perform testing work on his premises. A Person commits an offense if he tests an assembly within the City without being registered with the Regulatory Authority. A Person commits an offense if he tests an assembly within the City without being licensed by the Commission. (2) Punishment for violations; other remedies (a) A Person who violates any provision of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in Section 1.600 of this Code for a violation of an ordinance or regulation governing public health and sanitation. (b) In addition to proceeding under the authority of this Section, the City is entitled to pursue any and all other criminal and civil remedies to which it is entitled pursuant to the authority granted by any other applicable laws, regulations, or ordinances. (3) In addition to the penalties provided for by this Section, the City is entitled to impose penalties or fees provided for by other provisions of this Code for failure to timely pay any bill, or portion thereof, for water and sanitary sewer services. (4) A tester' s registration may be revoked by the City if the Regulatory Authority determines that the tester. 18 (a) Has falsely, incompletely, or inaccurately written assembly testing reports; (b) Has used inaccurate gauges; (c) Has used improper testing procedures; (d) Has created a threat to public health or the environment; or (e) Has violated any other provision of this Section. 11. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of 2005. 19 Alternative 2. READ and APPROVED on first reading this the , 2005. of day READ, APPROVED and ADOPTED on second reading this the ATTEST: day of , 2005. CHRISTINE R. MARTINEZ, City Secretar V 20 W , Mayor of Round Rock, Texas DATE: August 5, 2005 SUBJECT: City Council Meeting - August 11, 2005 ITEM: *10.6.2. Consider an ordinance amending Chapter 10, Section 10.701 of the Code of Ordinances (1995 Edition) regarding cross connection control and prevention. (Second Reading) Department: Water and Wastewater Utilities Staff Person: Tom Clark, Utilities Director Justification: These amendments will update current sections of Chapter 10 - Cross Connection Control and Prevention Code of Ordinances to reflect the current City organization and ease requirements for backflow testing. Funding: Cost: N/A Source of funds: N/A Outside Resources: Texas Commission of Environmental Quality Background Information: This ordinance protects the City's water supply by regulating backflow prevention devices that prevent water from being siphoned into the city water supply during a Toss of pressure. The updates reflect the current city organization and eases the testing of non -hazardous applications of Backflow prevention devices from 3 -years to 10 -years or as required by state law. Current state law does not requiring testing on non -hazardous sprinkler applications. The existing ordinance was implemented in March 1998 and historical data has proven the backflow preventers to be very reliable with little failure. The proposed 10 -year testing requirement will benefit homeowners and not comprise safety of the city water system. Public Comment: A public hearing will be required.