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O-2016-3846 - 10/27/20161 ORDINANCE NO. 0-2016-3846 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: 0: 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 14 ARTICLE VII. CROSS CONNECTION CONTROL AND PREVENTION 15 16 Sec. 44-173. Cross connection standards. 17 Every source of contamination or possible contamination from any contaminant which originates 18 from, or is located at, a residential or commercial establishment, and said source of contamination or 19 possible contamination is connected to any public potable water supply or provides potable water to the 20 public shall be equipped with the protection required under the provisions of this article. 21 22 Sec. 44-174. Definitions. 23 For the purpose of this article, the following definitions shall apply unless the context clearly 24 indicates or requires a different meaning. If a word used in this article is not contained in the following list, 25 it shall have the definition listed in section 44-5 or in the most recent edition of the Manual of Cross 26 Connection Control published by the Foundation for Cross -Connection Control and Hydraulic Research, 27 University of Southern California. The following definitions shall apply to this article: 28 Air gap means a physical separation between the free flowing discharge end of a potable water 29 supply piping and/or appurtenance and an open or non -pressure receiving vessel, plumbing fixture or 30 other device. An "approved air -gap separation" shall be at least twice the diameter of the supply pipe 31 measured vertically above the overflow rim of the vessel, plumbing fixture or other device, and shall not 32 be less than one inch in any case. 33 Approved backflow prevention assembly or backflow assembly or assembly means an assembly to 34 counteract back pressure or prevent backsiphonage. 35 Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum 36 breaker orAVBmeans a device used to prevent backsiphonage in non -health hazard conditions. This 37 device cannot be tested and cannot prevent backpressure backflow. 0112.1604; 00365136/SS2 1 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 to test backflow pressure assemblies on any domestic, commercial, industrial or irrigation 9 service. 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. 1 (5) The term "pollutional hazard" means an actual or potential threat to the physical properties of the 2 water system or the potability of the public or the consumer's potable water system but which 3 would not constitute a health or system hazard, as defined herein. Maximum degree of intensity 4 of pollution which the potable water system could be degraded under this definition would cause 5 a nuisance or be aesthetically objectionable or could cause damage to the system or its 6 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 16 check or DC means an assembly which consists of two independently acting, approved check valves, 17 including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted 18 with properly 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 34 the public water system and the water user. 35 Pressure vacuum breaker backflow prevention assembly or pressure vacuum 36 breakeror PVB means an assembly which provides protection against backsiphonage, but does not 37 provide adequate protection against backpressure backflow. The assembly is a combination of a single 38 check valve with an AVB and can be used with downstream resilient seated shutoff valves. In addition, 39 the assembly must have suction and discharge gate valves and resilient seated test cocks which allow 40 the complete testing of the 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 45 detector or RPDA means an assembly composed of a line -size approved reduced pressure principle 46 assembly with a bypass containing a specific water meter and an approved reduced pressure principle 47 backflow prevention assembly. The meter must be capable of accurately registering very low rates of 48 flow. 1 Reduced pressure principle backflow prevention assembly or reduced pressure principle 2 assembly or RP assembly or RP means an assembly containing two independently acting approved 3 check valves together with a hydraulically -operated, mechanically independent pressure differential relief 4 valve located between the check valves and below the first check valve. The assembly shall include 5 properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve the end of 6 the assembly. 7 Residential use means water use of any residential customer of the water supply and shall include, 8 but is not limited to, single family dwellings, duplexes, multiplex, housing and apartments where the 9 individual units are each on a separate meter; or, in cases where two or more units are served by one 10 meter, the units are full-time dwellings. 11 Service connection means the point of delivery at which the water supplier loses control of the 12 water. 13 Spill -resistant pressure vacuum breakeror SVB means an assembly containing an independently 14 operating, internally loaded check valve and an independently operating, loaded air inlet valve located on 15 the discharge side of the check valve. This assembly must be equipped with a properly located resilient 16 seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. 17 I Tamper means to interfere in a harmful or disruptive manner, or to make alterations or adjustments. 18 Thermal expansion means heated water that does not have the space to expand. 19 Third patty vendor means a third party contracted by the city to provide backflow testing notification 20 and data management services on behalf of the city. 21 Used water means water supplied by a public water system to a water user's system after it has 22 passed through the service connection. 23 I Water Customer is the person or company on the water billing account agreement with the city. 24 25Sec. 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-way 27 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 other 31 purpose for which the right-of-way exists. The person installing an assembly must obtain express 32 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 right - 40 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. 45 (5) A property owner shall, at the request of the city and at the owner's expense, relocate an 46 assembly that encroaches upon any city right-of-way when such relocation is deemed necessary 47 by the city. 4 1 (6) A person commits an offense if he fails to relocate an assembly located in or upon any city right - 2 of -way after receiving a written order from the director requesting such relocation. 3 4 Sec. 44-176. Multiple connections. 5 The owner of any premises requiring multiple service connections for adequacy of supply and/or 6 fire protection must install an assembly on each of the additional service lines to the premises. The type 7 of assembly required will be determined by the degree of hazard that may occur in the event of an 8 interconnect between any of the buildings on the premises. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 44-177. Protection required; installation. (a) The assembly protection which is required under this article shall be any of the duly authorized assemblies listed in the Uniform Plumbing Code, or as determined by the director. Each assembly must be approved in writing by the director 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 director. The director 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 director is not limited to requiring the installation of an assembly only in the following circumstances: (1) The nature and extent of any activity on or near the premises, or the materials used in with any activity on or near the premises, or materials stored on or near the premises, may contaminate or pollute the potable water supply. (2) Premises having any one or more cross connections identified or one or more cross connections present on the premises. (3) One or more cross connections are present on the premises and the cross connections are protected by an atmospheric vacuum breaker device (AVB). (4) Internal cross connections are present that are not correctable. (5) Intricate plumbing arrangements are present which make it impractical to ascertain whether cross connections exist. (6) There is a repeated history of cross connections being established or re-established on the premises. (7) 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. (8) Materials are being used on the premises such that, if backflow should occur, a health hazard may result. (9) Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the sole judgment of the city. (10) An appropriate cross connection survey report form has not been filed with the utility department of the city after a request by the city. (11) A fire sprinkler system on the premises is connected to the city's water system. (12) All new construction, if deemed necessary as a result of the customer service inspection referred to in section 44-182. The type of assembly required shall be commensurate with the degree of hazard as determined by the director. (13) 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. 5 1 (14) Any used water return system is present on the premises. 2 (15) In the event a point -of -use assembly has not had the testing or repair done as required by 3 this section, a premises isolation assembly will be required. 4 (16) If it is determined that additions or alterations have been made to the plumbing system 5 without obtaining proper permits, premises isolation may be required. 6 (17) All multistory buildings or any building with a booster pump or elevated storage tank. 7 (18) Retrofitting will be required on all high hazard connections, and in additional circumstances 8 in which the city deems it necessary to retrofit. 9 (b) All assemblies installed after the effective date of the ordinance from which this article is derived 10 shall be installed in a manner designed to facilitate ease of inspection by the director of the city. 11 Any currently installed assemblies that, in the opinion of the director, are located in inaccessible 12 locations, or where the tester is subjected to physical danger, shall be relocated to location 13 approved in writing by the director. 14 15 Sec. 44-178. - Testing of assemblies. 16 (a) The director shall inspect and test, or cause to be inspected and tested, all assemblies in each of 17 the following circumstances: 18 (1) Immediately after installation; 19 (2) Whenever the assembly is relocated; 20 (3) A minimum of once every 12 months for assemblies that are used in high -hazard 21 applications. Assemblies that are used in non -hazard applications must be tested a minimum 22 of once every seven years; 23 (4) Premises that have been vacated and unoccupied for 12 months, prior to reoccupancy; or 24 (5) Immediately after repairs have been made to the assembly. 25 (b) All assembly testing shall be performed by a licensed backflow prevention assembly tester 26 registered with the third party vendor. 27 (c) Duly authorized employees of the city are authorized to enter any public or private property at any 28 reasonable time for the purpose of enforcing this article. Persons and occupants of premises 29 which are provided water service by the city, either directly or indirectly, shall allow the city ready 30 access at all reasonable times to all parts of the premises for the purposes of inspection, testing, 31 records examination, or in the performance of any of their duties. Where persons or occupants of 32 premises have security measures in force which would require proper identification and clearance 33 before entry onto their premises, the persons and occupants of the premises shall make 34 necessary arrangements with their security personnel so that upon presentation of suitable 35 identification, personnel from the city will be permitted to enter, without delay, for the purposes of 36 performing their responsibilities. 37 (d) The city shall not be liable to any person for any damage to an assembly that occurs during 38 testing or repairing. 39 (e) The director may cause a water use survey to be conducted at any commercial establishment 40 located in the city which is served by a public water supply or which provides water to the public. 41 Upon determination by the director that the commercial establishment falls under the provisions of 42 this article and requires an assembly, the director shall issue a notice to abate the condition or 43 order the commercial establishment to install the proper assembly. 44 I (f) It is the responsibility of the property owner 45 this-a;nGle-to have all assemblies tested upon installation in accordance with this article. 1 1 L9). After the initial testing upon installation, it is the responsibility of the water customer to have all 2 assemblies subsequently tested in accordance with this article. Assemblies may be required to be 3 tested more frequently if the director deems it necessary. 4 (gh) All results from assembly testing, repairs and replacements by a licensed backflow prevention 5 assembly tester shall be submitted to the third party vendor. 6 7 Sec. 44-179. Thermal expansion. 8 I It is the responsibility of aRY peFsen who Gwns GF GGntFGIS pFepertY the property owner sul 9 to i�s4o eliminate the possibility of thermal expansion if a closed system has been created by the 10 installation of an assembly. 11 12 Sec. 44-180. Pressure loss. 13 Any reduction in water pressure caused by the installation of an assembly is not the responsibility 14 of the city. The city shall not be liable to any person for damages resulting from any reduction in water 15 pressure caused by the installation of an assembly. 16 17 Sec. 44-181. Residential service connections. 18 Any peFGGR WhG GWRS GF GGntFGIG pFoperty property owner at any residential property which has 19 been determined to have an actual or potential cross connection will be required to eliminate the actual or 20 potential cross connection or have an approved backflow assembly installed in accordance with this 21 article. 22 23 Sec. 44-182. Customer service inspection. 24 (a) Pursuant to commission water system regulations, a customer service inspection for cross 25 connection control shall be completed by the city prior to providing continuous water service in 26 each of the following circumstances: 27 (1) Water service to a newly constructed facility or previously nonexisting premises; 28 (2) After any material improvement to buildings or premises; 29 (3) Any correction or addition to the plumbing of any facility or premises served by the city; or 30 (4) The director deems it necessary. 31 (b) Permanent water service shall not be supplied to a newly constructed facility until after the 32 customer service inspection is completed. 33 34 Sec. 44-183. Installation guidelines and requirements for backflow prevention assemblies. 35 (a) The following requirements shall apply to the installation of all assemblies: 36 (1) Approved backflow prevention assemblies shall be installed in accordance with state law, 37 commission rules, this article, and any other applicable law or regulation. The assembly 38 installer must obtain the required plumbing permits and have the installation inspected by 39 the director. 40 (2) With respect to facilities where the director requires an assembly to be installed at the 41 point of delivery of the water supply, the installation of the assembly must be made at a 42 point prior to any branch in the line. Such installation must be made on private property 43 within two feet of the water meter. If deemed necessary, the director may specify other 44 areas for installation of the assembly. Assemblies that must be installed, or are located on, 7 1 city rights-of-way are the responsibility of the business or entity that the water line is 2 serving. 3 (3) All assemblies must be protected from damage caused by freezing or other severe 4 weather conditions. 5 (4) All assemblies shall be of a type and model approved in writing by the director prior to 6 installation. 7 (5) All vertical installations of assemblies must have prior written approval by the director. 8 (6) Approved backflow prevention assemblies that are larger than four inches and installed 9 more than five feet above floor level must have a suitable platform for use by testing, 10 inspection or maintenance personnel. 11 (7) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line 12 must not be installed on the premises. 13 (8) Lines should be thoroughly flushed prior to installation of an assembly. A strainer with 14 blowout tapping may be required ahead of the assembly. 15 (9) All facilities that require continuous, uninterrupted water service and are required to have 16 an assembly must make provisions for the parallel installation of assemblies of the same 17 type so that testing, repair and maintenance can be performed without interrupting the 18 water service to the premises. The assemblies should be sized in such a manner that 19 either assembly, operating independently, will provide the maximum flow required. 20 (10) The property owner assumes all responsibility for any damages resulting from installation, - 21 of an assembly. 22 (11), The ewner water customer assumes all responsibility for any damages resulting from 23 operation and/or maintenance of an assembly and shall be responsible for keeping all 24 assembly vaults reasonably free of silt and debris. 25 (41-12) Upon completion of installation, the director shall be notified by therp operty owner c)f the 26 premises, and all assemblies must be inspected and tested. All assemblies must be 27 approved in writing by and registered with the director, and the property owner of the 28 premises -shall provide to the director the date of installation, manufacturer, model, type, 29 size and serial number of the assembly, and initial test report. 30 (41 3) Requests for variances from the specifications and requirements of this article will be 31 evaluated on a case-by-case basis. Any deviations from this article must have prior written 32 approval of the director. 33 (b) Upon written approval by the director, reduced pressure principle backflow prevention assemblies 34 (RPs) may be utilized on -premises where a substance is handled that would be hazardous to 35 health if introduced into the potable water system. The RP is normally used in locations where an 36 air gap is impractical. The RP must be effective against both backsiphonage and backpressure. 37 (1) RPs must be sized to provide an adequate supply of water and pressure for the premises 38 being served. Flow characteristics are not standard. The manufacturer's specifications 39 must be consulted for specific performance data. 40 (2) Each RP assembly must be readily accessible for testing and maintenance and must be 41 located in an area where water damage to building or furnishings would not occur in the 42 event of a relief valve discharge. The property owner assumes all responsibility for any 43 damage caused by water discharge from a RP assembly. 44 (3) An approved air gap shall be located at the relief valve orifice of RP assemblies. This air 45 gap shall be at least twice the inside diameter of the incoming supply line as measured 46 vertically above the top rim of the drain and in no case less than one inch. An approved air 47 gap funnel assembly may be used to direct minor discharges away from the assembly; 0 1 however, this assembly may not be used to control flow in a continuous relief situation. 2 Drain lines to accommodate full relief valve discharge flow should be installed. 3 (4) No part of an RP assembly shall be submerged in water or installed in a location subject to 4 flooding. RPs must be installed above grade in well -drained areas. 5 (5) RP assembly enclosures shall be designed for ready access and sized to allow for the 6 minimum clearances established below. Removable protective enclosures should be 7 installed on smaller RP assemblies. Daylight drain ports must be provided to 8 accommodate full pressure discharge from the RP assembly. 9 (6) RP assemblies two inches and smaller shall have at least six inches of clearance on both 10 sides and on top of the assembly, and 12 inches of clearance below and behind the 11 assembly. All RP assemblies larger than two inches shall have a minimum of 12 inches of 12 clearance on the back side, 24 inches of clearance on the test cock side. The relief valve 13 opening shall be at least 12 inches (plus nominal size of assembly) above the floor or 14 highest possible water level. Headroom of 60 inches is required in vaults without a fully 15 removable top. A minimum access opening of 36 inches in diameter is required on all vault 16 lids. 17 (7) Vertical installation of RP assemblies is prohibited. 18 I (8) All RP assemblies must be tested in accordance with this article. Tle eThe initial 19 testing is the responsibility of therp operty premises owner. Therp operty owner must notify 20 the director upon the installation of any assembly. 21 (c) Reduced pressure principle detector backflow prevention assemblies (RPDAs) may be utilized in 22 all installations requiring a reduced pressure principle backflow prevention assembly and detector 23 metering. 24 (1) RPDAs shall comply with the installation requirements applicable for reduced pressure 25 principle backflow assemblies (RPs). 26 (2) Each line -size RP assembly and the bypass RP assembly must each be tested for proper 27 functioning. A separate test report for each assembly must be completed by the licensed 28 tester. 29 (d) Double check valve backflow prevention assemblies (DCs) may be utilized on premises where a 30 substance is handled that would be objectionable but not hazardous to health if introduced into 31 the potable water system. 32 (1) DCs must be sized to provide an adequate supply of water and pressure for the premises 33 being served. The manufacturer's specifications must be consulted for specific 34 performance data. 35 (2) Premises where an uninterrupted water supply is critical must be provided with two DC 36 assemblies installed in parallel. DC assemblies should be sized in such a manner that 37 either assembly, operating independently, will provide the maximum flow required. 38 (3) Each DC assembly shall be readily accessible with adequate room for testing and 39 maintenance. DCs may be installed below grade, provided that all test cocks are fitted with 40 brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and 41 sized to allow for the minimum clearances established below. 42 (4) DC assemblies two inches and smaller shall have at least six inches of clearance below 43 and on both sides of the assembly, and if located in a vault, the bottom of the assembly 44 shall be not more than 24 inches below grade. All DC assemblies larger than two inches 45 shall have a minimum clearance of 12 inches on the back side, 24 inches of clearance on 46 the test cock side, and 12 inches of clearance below the assembly. Headroom of 60 inches 47 is required in vaults without a fully removable top. A minimum access opening of 36 inches 48 in diameter is required on all vault lids. "Y" pattern DCs shall be installed so that the 1 checks are horizontal and the test cocks face upward. These clearance standards apply to 2 all DC assemblies installed in vaults, enclosures or meter boxes. 3 (5) Vertical installations of DCs are allowed only on sizes up to and including four inches and 4 which 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 director. 9 (6) All DCs must be tested in accordance with this article. Tests The initial testing is the 10 responsibility of the assembly andrp operty premises owner. Therp operty owner must 11 notify the director upon the 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 17 tester. 18 (f) Pressure vacuum breaker backflow prevention assemblies (PVBs) may be utilized at point -of -use 19 protection only and where a substance is handled that would be objectionable but not hazardous 20 to health if introduced into the potable water system. PVBs protect against backsiphonage only 21 and shall not be installed where there is potential for backpressure contamination. 22 (1) Each PVB assembly shall be installed a minimum of 12 inches above the highest 23 downstream piping. 24 (2) PVBs shall not be installed in any area subject to flooding or where damage may occur 25 from water discharge. 26 (3) Each PVB assembly shall be readily accessible for testing and maintenance, with a 27 minimum clearance of 12 inches in all areas immediately adjacent to the assembly. 28 I (4) All PVBs must be tested in accordance with this article. Te is The initial testing is the 29 responsibility of the assembly andrp operty premises owner. Therp opertV owner must 30 notify the director upon the installation of any assembly. 31 (g) Spill -resistant pressure vacuum breaker backflow prevention assemblies (SVBs) may be utilized 32 in all installations requiring a pressure vacuum breaker. SVBs shall comply with the installation 33 requirements applicable for pressure vacuum breaker backflow prevention assemblies (PVBs). 34 35 Sec. 44-184. Air gap separation. 36 Air gap separations provide maximum protection from backflow hazards and may be utilized in water 37 systems situated on premises where a substance is present which would be hazardous to health if 38 introduced into the potable water system. 39 (1) An air gap separation shall be at least twice the diameter of the supply pipeline measured 40 vertically above the top rim of the receiving vessel, and in no case less than one inch. If splashing 41 is a problem, tubular screens may be attached or the supply line may be cut at a 45 -degree 42 angle, and the air gap distance shall in such case be measured from the bottom of the angle. 43 Hoses shall not be used. 44 (2) Air gap separations shall not be altered in any way without prior written approval from the 45 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 opening 2 to a distance greater than three times the diameter of the effective opening for a single, or to a 3 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 supply 10 lines or the area of the single outlet, whichever is smaller. 11 12 Sec. 44-185. Fire systems. 13 (a) An approved DCDA or RPDA shall be installed on fire sprinkler systems comprised of piping 14 material that is not approved for potable water use and/or that does not provide for periodic flow - 15 through during each 24-hour period, unless a variance has been granted in writing by the director. 16 A RPDA must be installed if any solution or substance other than the potable water may be 17 introduced into the sprinkler system. 18 (b) Upon the approved installation of a DCDA or RPDA, a cross connection test report completed by 19 a city registered, licensed fireline tester must be sent to the director, and such report must include 20 the information required by this article. 21 22 Sec. 44-186. - Responsibilities. 23 (a) All property owners shall comply with the applicable 24 provisions of this article. In the event of any changes to the plumbing system, it is the 25 responsibility of the property owners to notify the director. 26 All property owners ^nd/oF neFsens in ^^nfr^I of on„ ^,-^rmses are also responsible for the 27 following: 28 (1) Payment of all costs ass^vviated—with —this aFtiGle—designated the responsibility of the 29 property owner pursuant to this article, and the purchase; and installation, main}^^^^^^, 30 testi^^ and repair of the assemblies required by this article. 31 (2) To install all assemblies in accordance with this article and acceptable 32 industry practices. 33 (�3) If not obtained by the licensed backflow prevention assembly tester, apply for and obtain a 34 building permit from the building official of the city prior to commencing any work, including 35 testing of, on any assembly device- 36 (b) All water customers shall comply with the applicable provisions of this article. All water customers 37 are also responsible for the following_ 38 (31) Payment of all costs designated the responsibility of the water customer pursuant to this 39 article, and all maintenance, testing and required repairs excluding costs for installation 40 and initial testing of assemblies required by this article. 41 (2) All commercial establishments shall annually test, or cause to be tested, all assemblies on 42 the premises. Such tests must be conducted by a licensed backflow prevention assembly 43 tester who is registered with the city. 44 (43) Maintain all assemblies in proper working order at all times, including making repairs as 45 required to ensure the proper functioning of the assemblies. 46 (5) Maintain all assemblies such that the assemblies may be tested by a method that has 47 been approved by the director. 11 1 (6) Each record related to assembly installation, testing and repair shall be maintained on the 2 premises for a minimum of three years. 3 (bc) All licensed backflow prevention assembly testers shall: 4 (1) Annually register with the third party vendor, pay any required fee, and provide the 5 information required by this article. 6 (2) Maintain testing equipment in proper working condition/calibration. 7 (3) Maintain the design or operation characteristics of an assembly. 8 (4) Ensure that devices are tested in compliance with accepted industry practices, commission 9 regulations, and all other applicable laws and regulations. 10 (5) Enter the required testing data, including test gauge serial numbers, on third party vendor's 11 website. 12 (6) Report test results electronically to the third party vendor's website within 4-5 days of 13 testing. For any new assemblies, either new installs or previously undocumented 14 assemblies not in the third party vendor's system, the tester may submit by e-mail or fax 15 the test results to the third party vendor for the initial year. 16 (7) Provide a copy of the completed initial test report required after installation to the property 17 owners andier .,owns in r.eint „i of the pFemises subject to the testing requirements of this 18 article. All other completed test reports after the initial test report shall be provided to the 19 water customer. 20 (8) Maintain each testing and/or repair record for a minimum of three years. 21 (9) If not obtained by the property owner, apply for and obtain a building permit from the 22 building official of the city prior to commencing any work, including testing, on any 23 assembly device. 24 (10) Pay the third party vendor fee as a data entry charge for each test report submitted to the 25 third party vendor's website. 26 11 Immediately turn off all devices that fail a test. 27 (Gd) The director shall have the authority to enforce the provisions of this article, state law and 28 regulations regarding cross connections. The director shall inspect and initially test, or cause to 29 be tested, all assemblies installed pursuant to the requirements of this article. Permanent water 30 service shall not be provided to new facilities until all assemblies have been tested and are 31 functioning properly. Except in cases where the testing of assemblies must be delayed until the 32 installation of internal production or auxiliary equipment, the director shall not approve a certificate 33 of occupancy until all assemblies have been tested and are functioning properly. 34 I (de) The third party vendor shall: 35 (1) Through the use of its proprietary software, maintain an online database and website for 36 testers to register and input test reports. 37 (2) Send by mail a notice to a -prep the water 38 customer approximately 30 days prior to the testing due date, advising the 39 water customer that the assembly is due for testing, and transmit a copy of the notice to 40 the last tester of record. 41 I (3) Send by mail a second notice to a pmpeFty Gw. a0n ssRtrsl Gf tie pies the 42 water customer once the testing due date has passed if a test report for the assembly has 43 not been submitted. 44 (3) Transmit a notice of noncompliance to the director by electronic transmission if the third 45 party vendor fails to receive a test report within 15 day of the mailing the second notice. 46 12 Sec. 44-187. Backflow prevention assembly tester registration required. 2 Persons desiring to be approved backflow prevention assembly testers within the city must provide to the 3 third party vendor proof of commission licensing, and provide proof that their testing equipment is able to 4 maintain a calibration of plus or minus 0.2 psid accuracy. The third party vendor shall maintain a 5 database of licensed and registered testers. 9 10 11 12 13 14 15 16 Sec. 44-188. Fees. (a) All property owners shall: M Alll_�nP�,�wReFr, anter pis in nnntrel „f an assembly deuiGe shall -441 -lave the 1 I assembly tested as required by a licensed tester upon installation of an assembly. All property owners shall pay the testing fee to the tester upon completion of the initial testing of an assembly. If a property owner ardsr persGR R nentrel pf. ., a66en;bly deylc fails to test the device upon installation within30 days of the requiFed testing date, the director may perform the test and assess a testing fee of $75.00 plus the actual cost of the test for each separate assembly device on which the director performs a test. 17 I (b} (2) If an assembly is deemed not to be working properly upon the initial inspection or initial 18 testing of the assembly after installation, the director shall have the necessary repairs 19 and/or adjustments made immediately and shall retest the assembly. The property owner 20 will then be required to pay the actual cost of the retest and repair required. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 .(b), All water customers shall: (1) Have the assembly routinely tested as required by a licensed tester. Upon receipt of a notification that testing is required, all water customers shall have the assemblv tested by a licensed tester and pay the testing fee to the tester upon completion of the testing. If the assembly is located on residential premises and categorized as "low hazard," the water customer may in lieu of having the assembly tested, choose to notify the director within the timeframe set forth in the notification, to lock the assembly in the closed position and tag with a do not operate notice. Removal of this tag and/or lock is a violation of this ordinance. If a water customer fails to test the device or notify the director to lock the assembly within the required timeframe, the director may perform the test and assess a testing fee of $75.00 plus the actual cost of the test for each separate assembly device on which the director performs a test. (4) If an assembly is deemed not to be working properly after testing, the director shall have the necessary repairs and/or adiustments made immediately and shall retest the assembly. The property owner will then be required to pay the actual cost of the retest and repair required. (5) If the assembly is located on a residential premises and categorized as "low hazard," after an assembly is tested and deemed to not be working properly, the water customer can choose to immediately notify the director to lock the assembly in the closed position and tag with a do not operate notice in lieu of a retest. Removal of this tag and/or lock is a violation of this ordinance. 42 Sec. 44-189. Compliance for lawn irrigation or sprinkler systems. 43 All persons installing commercial and residential lawn irrigation or sprinkler systems shall 44 annually register with the director and obtain a permit from the building inspection department of the city 45 prior to making such installations. The installation requirements must comply with standards for the 46 applicable device required by this article. Interconnections of the potable water supply with an alternate 47 water source are prohibited. Appropriate backflow prevention devices must be installed on the premises if 48 any mechanical injection stations are used with the irrigation or sprinkler system. 13 1 2 Sec. 44-190. Mobile units. 3 The connection of a mobile unit to any potable water system is prohibited unless such connection 4 is protected by an air gap or an approved backflow prevention assembly. Prior approval and annual 5 device testing of any air gap or assembly must be obtained from the director before connecting a mobile 6 unit to any potable water system. Testing fees shall be assessed in the amounts provided for in section 7 44-188, and shall be paid by the owner or operator of the mobile units prior to any inspection or testing of 8 the air gap or assembly. 9 10 Sec. 44-191. Enforcement. 11 (a) Violations. 12 (1) A person commits an offense if he fails to maintain an assembly in compliance with this 13 article. 14 (2) A person commits an offense if he fails to comply with a repair order issued by the director. 15 (3) A person commits an offense if backflow from premises he owns, controls, operates or 16 manages enters a public potable water supply system. 17 (4) A person commits an offense if he fails to pay any fees required by this article. 18 (5) A person commits an offense if he violates any provision of this article. 19 (6) A person commits an offense if he reinstates water service to premises discontinued or 20 disconnected pursuant to the provisions of this article, except as directed by the director. 21 (7) A person owning or in control of premises commits an offense if he allows an unregistered 22 or unlicensed tester to perform testing work on his premises. 23 (8) A person commits an offense if he tests an assembly within the city without being 24 registered with the director. 25 (9) A person commits an offense if he tests an assembly within the city without being licensed 26 by the commission. 27 (10) A person commits an offense if he possesses on his premises a cross connection that is 28 not protected by an approved backflow prevention assembly as described in section 44- 29183. 30 (11) A person commits and offense if he tampers with a backflow device or valve that has been 31 shut off and tagged by the director. 32 (b) Punishment for violations, other remedies. 33 (1) A person who violates any provision of this section is guilty of a misdemeanor and upon 34 conviction is punishable by a fine as provided in section 1-9 for a violation of an ordinance 35 or regulation governing public health and sanitation. 36 (2) In addition to proceeding under the authority of this article, the city is entitled to pursue any 37 and all other criminal and civil remedies to which it is entitled pursuant to the authority 38 granted by any other applicable laws, regulations or ordinances. 39 (c) In addition to the penalties provided for by this article, the city is entitled to impose penalties or 40 fees provided for by other provisions of this Code for failure to timely pay any bill, or portion 41 thereof, for water, sanitary sewer, and/or reuse water services. 42 (d) A tester's registration may be revoked by the city if the director determines that the tester: 43 I (1) Has falsely, incompletely, or inaccurately submitted �•�Feassembly testing reports; 44 (2) Has used inaccurate gauges; 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (3) Has used improper testing procedures; (4) Has created a threat to public health or the environment; (5) Has failed to register with third party vendor; eT- (6) Has failed to submit a test report within five (5) days of the test date; or (67) Has violated any other provision of this article. Sec. 44-192. Comoliance for temnorary fire hvdrant meters. All persons utilizing a fire hydrant for a temporary meter shall sign a contract and pay a deposit prior to having the temporary meter installed. Interconnections of the potable water supply with an alternate water source are prohibited. Appropriate backflow prevention devices must be installed on the premises at time of a temporary meter installation. A licensed backflow tester, contracted by persons utilizing temporary meters, must be present to test backflow assembly at time of installation. The backflow assembly must pass in order for fire hydrant to remain on. Backflow assembly must then be tested on an annual basis. Failure to maintain testing and proper use will result in immediate removal of temporary meter and loss of deposit. 18 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 19 expressly repealed. 20 B. The invalidity of any section or provision of this ordinance shall not 21 invalidate other sections or provisions thereof. 22 23 24 25 26 27 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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. 15 1 READ and APPROVED on first reading this the J4 - day of 2 O(A 2016. 3 READ, APPROVED and ADOPTED on second reading this the 2a day of 4 �(/iy� , 2016. L", s 10 ATTEST: 11 12 13 SARA L. WHITE, City Clerk 14 O*Y� ALAN MCGRAW, Mayor City of Round Rock, Texas 16