11-22-99-Ordinance-Providing for Backflow and Cross Connections-12/06/1999CITY OF SANGER
ORDINANCE #11-22-99
AN ORDINANCE OF THE CITY OF SANGER, TEXAS PROVIDING FOR THE
CONTROL OF BACKF LOW AND CROSS CONNECTIONS; REGULATING THE
PROTECTION OF THE CITY'S POTABLE WATER SUPPLY, PROVIDING
PROTECTION ASSEMBLIES AS REQUIRED, PROVIDING FOR A
MAINTENANCE AND TESTING PROGRAM FOR SAID ASSEMBLIES;
PROVIDING FOR A PENALTY OF $29000.00 FOR EACH VIOLATION OF THIS
ORDINANCE, AND PROVIDING FOR SEVERABiLITY; PROVIDING FOR A
REPEALER, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The TexasNatural Resource Conservation Commissionrequires that municipal water
suppliers enact a cross -control ordinance whichimplements a cross -connection program which generally
provides that all backflow prevention assemblies be tested upon installation by a recognized backflow
prevention assembly tester who is certified by the State of Texas; and
WHEREAS, the City, inthe interest ofthe public health of the community in order to protect the
public from contamination or pollution from a possible cross -connection or backflow entering the potable
water supply, and in order to comply withthe applicable Commission requirements, desires to implement
this ordinance providing for the control of backflow and cross -connection; and
WHEREAS, the City has provided for an enforcement group to promote the health, safety, and
welfare of its residents to facilitate and enforce this ordinance, in order to safeguard the City's potable
water supply.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Sanger, Texas:
SECTION I
Backflow and cross -connection control:
1. To protect the public potable water supply of the City from the possibility of contamination or
pollution by isolating within the City utility customer's internal distribution system(s) or the
customer's private water system(s), from such contaminants or pollution which could backflow into
the public water system; and
2. To protect the public water supply of the City from the possibility of contamination or pollution by
isolation of the customer's distribution system(s), which includes provisions for backflow
prevention.
3. To promote the elimination or control of existing cross -connections, actual or potential, between
the customer's internal potable water distribution system(s) and non -potable water systems,
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plumbing fixtures and industrial piping systems; and,
4. To provide for a continuing program of cross -connection control which will systematically and
effectively prevent the contamination or pollution of the Water System.
SECTION H
Definitions
a) SUPERINTENDENT. Means the Superintendent of Water Utilities Field Services of the City
of Sanger, Texas of the City Manger, hereafter referred to as "Director".
b) APPROVED. Means accepted by the Superintendent and Code Enforcement Officer of the
City an applicable specification contained in this ordinance.
c) AUXILIARY WATER SUPPLY. Means any water supply on or available to the customer's
premises other than the approved City public water supply. These auxiliary waters may include
water from another public potable water supply or any natural source(s) such as a well, spring,
river, stream; "used waters"; or "industrial fluids". Auxiliary waters may be contaminated, polluted,
or may be objectionable constituting an unacceptable water source over which the City of Sanger,
Texas water utility does not have sanitary control.
d) BACKFLOW. Means the reversal of the normal flow of water caused by either back -
pressure or back- siphonage.
e) BACK -PRESSURE. Means the flow of water or other liquids, mixtures or substances under
pressure into the distribution pipes of a potable water supply system from any source or sources
other than the intended source.
f) BACK- SIPHONAGE. Means the flow of water or other liquids, mixtures or substances into
distribution pipes of apotable water supply system from any source other than its intended source
caused by the sudden reduction of pressure in the potable water supply system.
g) BACKFLOW PREVENTER. Means an assembly, device or other means designed to
prevent backflow..
1. AIR -GAP. The unobstructed vertical distance through the free atmosphere between
the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or
other device and the flood level rim of said vessel. An approved air -gap shall be at least
double the diameter of the supply pipe measured vertically above the top of the overflow
rim of the vessel and in no case less than one inch (I").
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2. REDUCED PRESSURE PRINCIPLE ASSEMBLY. An assembly of two
independently -acting approved check valves together with hydraulically operating,
mechanically independent pressure relief valve located between the check valves and at
the same time below the first check valve. The unit shall include properly located test cocks
and tightly closing shut-off valves at each end of the assembly. The entire assembly shall
meet the design and performance specifications as determined by a laboratory and field
evaluation program. Resulting in an approval by a recognized and approved testing agency
for backflow prevention assemblies as listed in this ordinance. The assembly shall operate
to maintain the pressure in the zone between the two check valves at an acceptable level
less than the pressure on the public water supply side of the device. At cessation of normal
flow, the pressure between the two check valves shall be less than the pressure on the
public water supply side ofthe device. In case of leakage of either of the check valves the
differential relief valve shall operate to maintain the reduced pressure in the zone between
the check valves by discharging to the atmosphere. When the inlet pressure is two pounds
per square inch or less, the relief valve shall open to the atmosphere. To be approved these
devices must be readily accessible for in -line testing and maintenance and be installed in
a location where no part of the assembly will be submerged.
3. DOUBLE CHECK VALVE ASSEMBLY. An assembly of two independently
operating check valves with tightly closing shut-offvalves on each end of the check valves,
plus properly located test cocks for the testing of each check valve. The entire assembly
shall meet the design and performance specifications as determined by a laboratory and
field evaluation program resulting in an approval by a recognized and approved testing
agency for backflow prevention assemblies. To be approved under the terms of this
ordinance, these assemblies must be readily accessible for in -line testing and maintenance.
4. ATMOSPHERIC VACUUM BREAKER. A device which prevents back-siphonage
by creating an atmospheric vent when there is either a negative pressure or sub-
atmospheric pressure in a water system.
5. PRESSURE VACUUM BREAKER. A device containing one or two independently -
operated spring -loaded check valves and an independently -operated spring -loaded air
inlet valve located on the discharge side of the check or checks. Such a device includes
tightly closing shut-off valves on each side of the check valves and properly located test
cocks for the testing of the check valve(s).
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h) BUILDING OFFICIAL/CODE ENFORCEMENT OFFICER. Means the Building
Official/Code Enforcement Officer of the City.
i) COMMISSION. Means the Texas Natural Resource Conservation Commission or any
successor agency.
j) CONTAMINATION, Means an impairment of the quality of the potable water by sewage,
industrial fluids, or waste liquids, compounds or other materials, to a degree which creates an actual
or potential hazard to the public health through poisoning or through the spread of disease.
k) CROSS -CONNECTION. Means any physical connection or arrangement of piping or
fixtures between otherwise separate piping system, one of which contains potable water and the
other non -potable water or industrial fluids of questionable safety, through which, or because of
which, backflow may occur into the potable water system. This would include any temporary
connections, such as swing connections, removable sections, four-way plug valves, spools, dummy
sections of pipe, swivel or change -over devices or sliding multiport tube.
1) CROSS -CONNECTION SECTION. Means any physical connection or arrangement of
piping or fixtures between two otherwise separate piping systems, one of which contains potable
water and the other non -potable water or industrial fluids of questionable safety, through which,
or because of which, backflow may occur into the potable water system. This would include any
temporary connections, such as swing connections, removable sections, four-way plug valves,
spools, dummy sections of pipe, swivel or change -over devices or sliding multiport tube.
m) CROSS -CONNECTION- CONTROLLED. Means a connection between a potable
water system and a non -potable water system with an approved back -flow prevention assembly
properly installed and maintained (so that it will continuously afford the protection from the hazard
of backflow.
n) CROSS -CONNECTION CONTROL BY CONTAINMENT. Means the installation of
an approved backflow prevention assembly at the water service connection (meter) to any
customer's premises which shall be required if determined by the Superintendent of Water Utilities
Field Services.
o) FIRE MARSHAL. Means the Fire Marshal of the City.
p) HAZARD, DEGREE OF. An evaluation of the potential risk to public health and the adverse
effect of the hazard upon the potable water system which may include, without limitation.
1. HAZARD- HEALTH. Any condition, device, or practice in the water supply system
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or its operation which creates or may create, in the judgement of the Superintendent, a
danger to the health and well-being of the water customers of the City.
2. HAZARD- PLUMBING. A cross -connection in a customer's potable water system
that has not been properly protected by an approved air -gap or approved backflow
prevention assembly.
3. HAZARD- POLLUTION. An actual or potential threat to the physical properties
of the water system or to potability of the public water system or the customers potable
water system which would constitute a nuisance or could reasonably cause damage to the
water system or its appurtenances, but would not be dangerous to health.
4. HAZARD- SYSTEM. An actual or potential threat of severe damage to the physical
properties of the public potable water system or the customers potable water system, or
of pollution or contamination which would have a protracted effect on the quality of the
potable water in the system.
q) INDUSTRIAL FLUIDS SYSTEM. Means any system containing a fluid or solution which
maybe chemically, biologically or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, system, pollution or plumbing hazard if introduced into an
approved water supply. This may include, without limitation, polluted or contaminated waters; all
types of process waters; "used waters" originating from the public potable water system which may
have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating
cooling waters connected to an open cooling tower and/or cooling towers that are chemically or
biologically treated or stabilized with toxic substances; contaminated natural waters ( such as from
wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.); oils, gases,
glycerine; paraffins; caustic and acid solutions; and other liquid or gaseous fluids used in industrial
or other processes, or for fire -fighting purposes.
r) POLLUTION. Means the presence of any foreign substance (whether organic, inorganic, or
biological) in water, which tends to degrade its quality so as to constitute a hazard, or impair the
usefulness or quality of the water to a degree which does not create an actual hazard to the public
health but which does adversely and unreasonably affect such waters for domestic use.
s) WATER -POTABLE. Means any water which, according to recognized standards meets the
requirements of the Texas Department of Health for human consumption and other domestic uses.
t) WATER- NONPOTABLE. Means water which is not safe for human consumption or which
is of questionable potability.
u) WATER- SERVICE CONNECTION. Means the terminal end of a service connection from
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the public potable water system; i.e., where the City loses jurisdiction and sanitary control over the
water at its point -of delivery to the customer's water system. If a meter is installed at the end of the
service connection, then the service connection shall mean the downstream end of the meter. There
shall be no unprotected takeoffs from the service line ahead of any meter or backflow prevention
assembly located at the point of delivery to the's water system. Service connection shall also
include water service connection from a fire hydrant and all other temporary or emergency water
service connections from the public potable water system.
v) WATER -USED. Means any water supplied by the City from a public potable water system
to a customer's water system, after it has passed through point of delivery and is no longer under
the sanitary control of the City.
w) USER OR CUSTOMER. Means any individual, business, or similar public or private entity
who buys City water for use in their own customer system.
x) Means the City water system which consists of the source facilities and the distribution system
and shall include all those facilities of the City's water system, up to the point where the customer's
water system begins including, without limitation, distribution lines, treatment plants, reservoirs,
pump stations, mains, residential and commercial connections, and any other parts or components
that comprise the public water and wastewater system of the City. Additionally the following terms
shall mean:
1. Customer's System. The customer's system means those parts of the water system
facilities beyond the terinination of the City's distribution system which are utilized in
conveying utility- delivered domestic water to points of use for its customers.
2. Distribution System. The City's water distribution system shall include the network
of conduits used for the delivery of water from the source to the customer's system.
3. Source. The water source shall include all components of the City's water system
facilities utilized inthe production, treatment, storage, and delivery of water to the City's
water distribution system.
SECTION III
Responsibility.
a) The Code Enforcement Officer and the Superintendent shall be responsible for the protection
of the public potable water distribution system from contaminants or pollutants through the
customer's water service connection and is herebyvested with the authority and responsibility for
the implementation of an effective cross control program and shall enforce the provisions of this
ordinance. If, in the judgement of the Superintendent (or his designated agent), an approved
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backflow prevention assembly is required (at the customer's water service connection or within
the customer's private water lines) for the safety of the public water system, the Superintendent (or
his designated agent) shall give notice in writing to said customer to install an approved backflow
prevention assembly or assemblies at specific location(s) on such customer's premises. The
customer shall immediately install such approved assemblies at his own expense; and, failure,
refusal or inability on the part of the customer to so install, have tested and maintain said assembles
shall constitute a grounds for discontinuation of water service to the customer's premises until such
requirements have been satisfactorily met.
b) The Building Official, through the Code Enforcement section, shall assist the Superintendent
with the enforcement and implementation ofthis Ordinance. The Fire Marshal will also assist the
Superintendent with enforcement and implementation of this ordinance. The Fire Marshal shall
coordinate the annual testing of applicable backflow prevention assemblies with other required
annual testing of fire suppression systems as provided in this ordinance.
SECTION IV
Responsibilities of Users.
a) All property owners, lessees, and tenants shall obey the provisions of this Ordinance. If
changes are made to the plumbing system of a customer, the property owner shall notify the
Superintendent or the City Building Official.
b) The owner of leased premises is solely responsible for the installation, testing and repair of all
backflow assembles on or about leased premises. When the lessee or tenant changes, the owner
shall immediately notify the Superintendent.
c) The cost of complying with these regulations shall be the responsibility of the property owners
andtheir lessees. These cost include but not limited to purchasing, installation, testing and repair
of the backflow assemblies. Such costs shall also include point -of -use and premise -isolation
assemblies. The owner or lessee shall reimburse the City for any for any extraordinary cost or costs
of actual tests or corrections performed or incurred at the premises by the City.
SECTION V
Customer Service Inspections.
a) For those users who have applied for a building or plumbing permit from the Building Official
for newconstruction; or substantial rehabilitation; work onexistingplumbingsystems; additions;
corrections; or improvements; and at the request of the Building Official, the users shall submit to
the Building Official the original signed and dated Customer Service Inspection Certificate
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completed by a qualified person prior to receiving a final plumbing inspection approval. The
Building Official or the Superintendent of Water Utilities Field Services has reason to believe that
a cross -connection or other unacceptable plumbing practice exists. Alternatively, the Building
Official or Superintendent of Water Utilities Field Services may elect to provide a Customer
Service Inspection Certificate for the building permit applicant or building owner.
1) Plumbing Inspectors and Water Supply Protection Specialists licensed by the Texas
State Board of Plumbing Examiners.
2) Certified Waterworks Operators
3) Licensed plumbers may perform customer service inspections on single-family
residential services only.
c) The Building Official shall submit the original Customer Service Inspection Certificates to the
Superintendent of Water Utilities Field Services. The Superintendent shall retain these certificates
on file for a period of ten years. The certification shall be of a form acceptable to the
superintendent. A sample certification form is shown in Exhibit B which is attached hereto and
incorporated herewith by reference and made a part of this ordinance for all purposes. The
Superintendent may from time to time modify or amend the form ofthis certification form, in his
discretion.
d) The customer's water system shall comply with the requirements listed below, and the
certification form shall certify the following that there is:
1) No direct connection between the public drinking water supply and a potential source
of contamination. That potential sources of contamination are isolated from the public
water system by an air -gap or an appropriate backflow prevention assembly in accordance
with state plumbing regulations. Additionally, that all pressure relief valves and thermal
expansion devices are in compliance with the City's Plumbing Code.
2) No cross -connection in existence between the public drinking water supply and a
private water source ;
3) No connection inexistence which would allow the return of water used for condensing,
cooling, or industrial processes back to the public water supply ;
4) No pipe or pipe fitting which contains more than 8.0% lead existing in private plumbing
facilities installed on or after July 1, 1988 ;
5) No solder or flux which contains more than 0.2% lead existing in customers' plumbing
facilities installed on or after July 1, 1988 ;
6) No plumbing fixture installed which is not in compliance with the state approved
plumbing code.
e) As unacceptable plumbing practices are discovered, users shall eliminate those practices to
prevent possible contamination of the water distribution system.
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SECTION VI
Procedures for Backflow Prevention.
a) No water service connection to any premises shall be installed or maintained by the City unless
and until the water supply is protected as required by State and Federal laws and regulations and
this Ordinance including, without limitation, the regulations of the Commission. Service of water to
anypremises shall be discontinued by the City if abackflowprevention assembly required by this
Ordinance is not installed, tested, and maintained, or if it is found that a backflow prevention
assembly has been removed or bypassed, or if an unprotected cross -connection exists on the
premises. Service will not be restored until such conditions or defects are corrected. The
Superintendentmaypursue otherremediesto ensure compliance withthis Ordinance. Ifrequired,
all users shall provide, maintain and routinely test approved backflow assemblies as deemed
necessary. Residential dwellings with lawnwatering devices shall require an approved backflow
assembly. The type of device shall be determined by the Superintendent and Code Enforcement
Officer.
b) The customer's water system shall be open for inspection at all reasonable times to authorized
representatives of the City to determine whether cross -connections or other system or sanitary
hazards, including violations of this Ordinance, exist.
c) No cross -connection shall be permitted between any system of piping supplied by water from
the mains of the City Water System, and any other source of supply, whether public or private.
d) Where City water is used by a customer as an auxiliary supply to a roof or suction tank, which
is also supplied by water from another source, such tank shall not be of the pressure type, but shall
be an open type containing a vent. The delivery of City water shall be above the tank overflow rim
and controlled by an approved automatic valve.
e) It shall be unlawful to maintain potable water storage tanks supplied only with City water,
unless the tanks are satisfactorily built and covered so as to prevent the entrance of contaminants.
These tanks and static storage systems and other static water storage facilities, including ponds,
serving fire suppression systems, shall be designed and built so as to prevent the entrance of
contaminants to the City's water system and shall also be subject to periodic inspection by the City,
through its Water Department and maintained in a manner in compliance with standards and
requirements of the Commission. Pumps taking suction from the City of Sanger water supply
serving such static systems shall be installed or operated only upon request or permit from the City
subject to their approval as to size, rate, capacity and valving arrangements. Storage tanks supplied.
with City water shall require an air -gap or approved backflow assembly. In such cases, a specific
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9
backflow assembly shall be required at the service connection.
f) It shall be unlawful for anyone to interconnect private water supplies, including without
limitation, deep well systems, with the City Water System.
g) If required by the Superintendent or Code Enforcement Officer, an approved backflow
preventer assembly shall be installed in each water service line to a customer's water system at a
location at or near the property line or immediately inside the building being served, but in all cases
before the point where the first branch line leading off of the water service line, whether any of the
following conditions exist:
1. In the case of premises upon which any industrial fluids or any other objectionable
substances are handled in such a manner as to result in an actual or potential hazard to the
public water system; the public system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly appropriate to the
degree of hazard in the service line. This shall include but not limited to the handling of
process waters or waters originating from the water utility system which have been subject
to deterioration in quality.
2. In the case of premises having (1) internal cross -connections that cannot be
permanentlycorrectedandcontrolled, or(2) intricate plumbingandpipingarrangements,
or (3) where entry to all portions of the premises is not readily accessible for inspection
purposes making it impracticable or impossible to ascertain whether or not dangerous
cross -connections exist, the public water system shall be protected againstbackflow from
the premises by installing an approved backflow prevention assembly in the water service
line.
3. Any nonresidential building greater than one story elevation.
4. Any residential building structure greater than two story elevation.
h) The water supply to all boilers of users shall require internal protection in the form of an
approved air -gap separation or an approval reduced pressure principle assembly.
i) All bypass systems shall included a required backflow assembly as determined by the
Superintendent or Code Enforcement Officer.
j) The type of protective assembly required to be utilized by the customer shall depend upon the
degree of hazard, such as:
1. In the case of any premises where there is water or any other substance that would be
objectionable but not hazardous to health if introduced into the public water system, the
public water system shall be protected by an approved double-check valve assembly or
by an approved air -gap separation.
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2, In the case of any premises where there is any material dangerous to health which is
handled in such a fashion as to create an actual or potential hazard to the public water
system, the public water system shall be protected by an approved air -gap separation or
an approved reduced -pressure principle backflow prevention assembly. Examples of
premises where these conditions could exist are listed in Exhibit A, which is attached
hereto and incorporated herewith and made a part of this ordinance for all purposes. The
Superintendent or Code Enforcement Officer, upon review of individual facilities ofthe
type listed on Exhibit A, may require a double-check valve assembly if he determines that
the degree of hazard for that particular user is low.
3, In the case of any premises where there are "uncontrolled" cross -connections, either
actual or potential, The City Water System shall be protected by an approved air -gap
separation or an approved reduced -pressure principle backflow prevention assembly at
the point of service connection.
4, In the case of any premises where, because of security requirements or because of
other prohibitions or restrictions, it is impossible or impractical to make a complete in -plant
cross -connection survey, the Water System shall be protected against backflow from the
premises by either an approved air -gap separation or an approved reduced -pressure
principle backflow prevention assembly in each water service line to the premises.
5. Any residential or commercial user of City water shall provide backflow prevention on
all irrigation systems withinthe City. Atomospheric or pressure vacuumbreakers shall be
utilized on irrigation systems subject to the degree of hazard, and subject to the approval
of the Building Official and the Superintendent.
k) Any backflow prevention assembly required herein shall be of a model and a size approved
by the Superintendent and Code Enforcement Officer. The term "Approved Backflow Prevention
Assembly" shall mean an assembly that has been manufactured in full conformance with the
standards established by the American Water Works Association (AWWA) entitled AWWA
C510-97, Standard For Double Check Valve Backflow Prevention AssemblX and AWWA
C511-97, Standard For Reduced -Pressure Principle Backflow Prevention Assembly, or as such
standards may be amended; which has completely met all laboratory and field performance
specifications of the Foundation for Cross -Connection Control and Hydraulic Research (FCCC
& HR) OF THE University of Southern California established by Specifications of Backflow
Prevention Devices #69-2 dated March 1969 or the most current issue thereof.
1. The above -stated AWWA and FCCC & HR standards and specifications are
adoptedby the City and the Superintendent as the applicable standards and specifications
respecting this Ordinance. Final approval of any backflow prevention assembly shall be
evidenced by a "Certificate of Approval" issued by an approved testing laboratory
certifying full compliance with the above -stated AWWA Standards and the above -stated
FCCC & HR specifications. The following testing laboratories have been qualified by the
Superintendent to test and certify backflow prevention assembly devices:
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Foundation for Cross -Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, CA 90007
Texas A & M University
Extension Services
College Station, Texas 77843-8000
2. Testing laboratories other than those listed in paragraph k 1 above will be added to an
approved list as they qualified by the Superintendent and Code Enforcement Officer.
Backflow preventers which may be subjected to back -pressure or back-siphonage that
have been fully tested and have been granted a Certificate of Approval by said qualified
laboratories and are listed on the laboratory's current list of "Approved Backflow
Prevention Devices" may be used with the written approval of a qualified tester, as defined
herein.
1) It shall be the responsibility of the Fire Marshal, City of Sanger, to determine the need for
double -detector check or baclflow prevention assemblies related to fire suppression systems. This
determination will be made on individual installations of fire suppression systems.
m) All backflow/backsiphonage assemblies shall be installed in accordance with current City
Water Utility standards. Vaults and dimensions shall also conform to such standards.
n) All assemblies, other than those related to fire protection systems, shall be inspected by the
Building Official or his designee upon completion of said building or remodeling project or
development, for approval by a qualified tester.
o) Should any system supplied by City water be operated in violation of any provisions of this
Ordinance, the Superintendent shall direct that all service lines serving such system be completely
dis connected until this Ordinance has been complied with. Any cost of such disconnection and the
estimated cost of reconnection shall be paid by the customer before water service shall be restored.
If fire protection is being supplied by the noncompliant system, the City may elect to disconnect
only the water service for non -fire suppression uses, and may issue citations to the user until such
time as the user corrects the problem, or the user's assemblies are tested, and thereafter charge
the user for such testing. The issuance of citations for violations of this Ordinance shall be the
responsibility of the Superintendent or the Fire Marshal. However, the owner of premises is
responsible for proper protection and all liability in connection with all cross -connection violations.
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p) All presently installed backflow prevention assemblies that do not meet the requirements of this
Ordinance but which were approved devices for the purposes described herein at the time oftheir
installation and which have been properly maintained, shall, except for the inspection and
maintenance requirements, be excluded from the requirements of these rules only if the
Superintendent is assured that such assemblies will satisfactorily protect the City Water System.
Whenever any existing device is moved from its present location, or requires more than minimum
maintenance, or when the Superintendent finds that the maintenance constitutes a hazard to health,
such device shall be replaced by an approved backflow prevention assembly meeting the
requirements of this Ordinance.
q) Test cocks shall be required on all backflow prevention assemblies.
r) Identification, including the size, model number, and serial number shall be placed on the
actual device at least 1/4" in height, and of durable marking material.
s) A plumbing permit must be obtained for installation of all backflow prevention assemblies.
t) All approved backflow assemblies shall be of the type which is basically nonremovable and
installed in such a manner that removal of said assembly would prohibit water flow.
u) If a cross -connection arises, the Superintendent or Code Enforcement Officer may recommend
to the City Manager that a boil Water Order be made. Such order shall provide protection in such
a hazardous situation. The duration of said order shall be determined by the Superintendent or
Code Enforcement Officer.
v) All cases of cross -connections shall be immediately reported to the Superintendent and the
Building Official. Such cases may also be submitted by City to the University of Southern California
Foundation for Cross -Connection Control and Hydraulic Research as informational data only.
w) Internal protection surveys shall be performed once a year per establishment and as further
required by the Superintendent or Code Enforcement Officer, in the interest of public health and
safety.
x) Thermal Expansion. It is the responsibility of the property owner to eliminate the possibility of
thermal expansion, if a closed system has been created by the installation of a backflow assembly.
y) Pressure Loss. Any water pressure drop caused by the installation of a backflow assembly
shall not be the responsibility of the City. The City of Sanger Water Utilities Department may
provide reasonable assistance to any property owner regarding information respecting the adequate
sizing of assemblies, proper plumbing practices to provide for required pressure, and flows for fire
protection or domestic service.
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z) Mobile Units.
1. A person who owners or operates any vehicle that uses water from the City of
Sanger's public water system shall obtain a use permit from Superintendent or Code
Enforcement Officer before accessing the public water system. The Superintendent may
require a fixed air -gap mounted on the top of such vehicle.
2. The failure of any customer to comply with this Ordinance shall be grounds for the City
to revoke any use permit and to deny the customer the privilege of reapplying for such a
permit in the future.
3. The Superintendent may deny a use permit to any person who is not in compliance
with this Ordinance (or who has a history of violating the requirements of this Section). A
person commits an offense if that person operates or causes to be operated a vehicle in
violation of this section.
4. Any tampering or removal of backflow assembly on any fire hydrant meter is unlawful
and will constitute a violation of this Ordinance by the person so tampering or removing
any assembly, who shall be subject to the penalties provided by this Ordinance.
SECTION VH
Wholesale Customers.
Every wholesale customer that has a contract for water services with the City shall have an active,
ongoing cross -connection program approved by the Superintendent. The City reserves the right
to require a reduced pressure principle assembly or air -gap at the point of interconnection.
SECTION VIII
Assembly Testing & Testers.
a) The Superintendent or Code Enforcement Officer shall administer an inspection program to
assure that backflow prevention devices are properly maintained and operated within the City. The
Superintendent, in administering the inspection program, shall take into a account the complexity
and operating characteristics ofthe protection afforded the potable water system by the assembly.
Reduced pressure and double-check backflow prevention assemblies installed pursuant to the
City's Plumbing Code are subject to inspection and testing by the City Water Utilities Department.
1) Immediately after installation;
2) Whenever the assembly is moved;
3) A minimum of once a year for all assemblies for high hazard uses;
4) Any premise that has an RP assembly as premise isolation without high hazard
point -of -use protection must be tested annually; and
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5) Immediately after repair
c) Assemblies maybe required to be tested more frequently than specified in Section IV, A,2,
above, if the Superintendent deems the same necessary, in order to safeguard the public health and
safety of the residents of the City, or to protect the City's potable water supply,
d) All assembly testing shall be performed by a certified and registered backflow prevention
assembly tester, in accordance with City -approved teat procedures.
e) It is the responsibility and expense of the property owner and the person in control of the
premises to have all assemblies tested in accordance with this Ordinance. A person who owns,
operates, or manages premises in which required backflow prevention assemblies are installed shall
maintain at their expense such assemblies in proper working order at all times, including repair as
required. All maintenance and repair of assemblies shall be done in accordance with all applicable
provisions of this Ordinance, It shall be the duty of the Superintendent or Code Enforcement
Officer to see that these tests are made in a timely manner. The user shall notify the Superintendent
in advance when tests are to be undertaken so that the Superintendent or his representative may
witness test, if so desired, These assemblies shall be repaired, overhauled or replaced at the
expense of the user whenever they are found to be defective. The user shall submit the original
records oftests, repairs, and overhauls to the Superintendent, and these test records shall be kept
by the Code Enforcement Officer for a period of not less than three years. The test records shall
be in a form acceptable to the Superintendent of Water Utilities Field Services, an example of
which is shown in Exhibit C which is attached hereto and incorporated herein by reference and
made a part of this ordinance for all purposes. If assemblies that service a particular line, including
fire hydrants, etc., require extended repair time, the owner shall notify the Superintendent or the
City Fire Department for those lines serving fire suppression systems.
f) The user shall maintain backflow prevention assemblies in a manner that allows them to be
tested by a method that has been approved by the Superintendent or Code Enforcement Officer.
g) A person commits an offense under the provisions of this Ordinance, if the person owns or is
in control of any premises and knowingly fails or refuses to have the backflow prevention
assemblies installed on said premises inspected, tested, maintained, or repaired as ordered, as
required by this Ordinance,
h) The City shall not be liable for damage to any assembly that occurs during testing, including
without limitation, any damage that occurs during testing when such damage results from metal
fatigue or deteriorated metal when such damage occurs under standard testing procedures.
SECTION IX
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Certification of Backflow Prevention Assembly Testers.
a) All backflow assembly testers opening within the City shall be certified in accordance with all
applicable regulations of the Commission and this Ordinance. No person shall operate as a
backflow prevention assembly tester within the City without first being annually certified by the
Superintendent.
b) At the time of certification, recertification, and upon the Superintendent or Code Enforcement
Officer request, each person certified as a backflow prevention assembly tester shall furnish
evidence to show that he or she is insured and bonded to perform services on private property, and
has all licenses currently required by the State of Texas and the City to perform the contemplated
services.
c) Persons certified as backflow prevention assembly testers shall meet the following
requirements:
1) Hold a current Backflow Prevention Assembly testers' certification accepted by the
Commission; and
2) Successfully pass a hands-on proficiency examination conducted by the City on the
City Backflow and Cross Connection Ordinance.
3) Receive confine space entry training certification; and
4) Maintain general commercial liability insurance and automobile liability insurance with
the following minimum policy limits: $250,000.00 per person and $500,000,00 per
accident for bodily injury; and $100,000.00 per accident for property damage, or
$500,000.00 if combined.
5) Submit a completed application from to the Superintendent or Code Enforcement
Officer.
d) A person commits an offense if the person knowingly operates as a backflow prevention
assembly tester within the City without holding a valid certification issued by the Superintendent.
SECTION X
Responsibilities of Certified Backflow Prevention Assembly Testers.
a) No certified backflow assembly tester shall operate within the City without first registering with
the Superintendent. The Superintendent shall determine whether an applicant is eligible for
registration.
b) A registration for certified backflow assembly testing shall remain in effect provided:
Page 16 of 19
1) The tester maintains eligibility for registration and certifications; and
2) The tester annually attends and successfully completes a recertification training course
approved by the Superintendent; and
3) Such registration has not been revoked by the Superintendent.
c) At the time of recertification a tester shall renew his or her registration with the superintendent.
If a certification remains expired for a period of one year or greater, the tester shall re-establish
registration eligibility.
d) Each applicant for registration as a certified backflow assembly tester shall:
1) Provide evidence to the Superintendent to establish that the applicant has available the
necessary tools and equipment to properly test backflow prevention assemblies;
2) Provide evidence to the Superintendent that the applicant that successfully completed
"Permit Confined Space Entry Training" as specified by the Federal Occupational Safety
and Health Agency in 29 CFR 1910.146; and
3) Identify all test gauges the applicant will use in testing backflow prevention assemblies.
Testers shall not be permitted to use duplex gauges when testing assemblies.
e) A registered backflow prevention assembly tester shall:
1) File the serial number of each of his or her test kits with the Superintendent;
2) Annually have each recorded test kit tested for accuracy and calibrated to maintain a
2% accuracy factor;
3) Perform competent and accurate certifications ofeachbackflow prevention assembly
tested and shall submit complete reports thereof to the Superintendent; and
4) List registered serial numbers of test gauges on tests and maintenance reports prior to
submitting them to the Superintendent; and
5) Shall not change the design or operation characteristics of a backflow prevention
assembly.
f) After ten (10) days written notice, the Superintendent may revoke a registration if the
Superintendent determines that the tester:
1) Has made false, incomplete, or inaccurate assembly testing reports; or
2) Has used inaccurate gauges; or
3) Has used improper testing procedures; or
4) Has expired insurance;
5) Is not in compliance with applicable safety regulations; or
6) Has failed to register the serial numbers of his or her test kits, or failed to calibrate
gauges annually as required by this Ordinance; or
7) Has violated any other provision of this Section.
Page 17 of 19
SECTION XI
Falsifying Information.
Any person who knowingly makes any false statement, representation or certification in any
application, record, report, plan, or other document filed or required to be maintained pursuant to
this Ordinance, or who falsifies, tampers with, knowingly renders inaccurate any monitoring device
required by this Ordinance, shall, upon conviction, be punished by a fine of not more than Two -
Thousand Dollars ($2000.00) per violation or otherwise may be authorized by law.
SECTION XII
Penalties and Enforcement
a) Any person who shall violate any provision of this Ordinance, or who shall fail to comply with
any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subj ect to a
fine not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars
($2000.00) per violation; and each day that such violation continues shall constitute a separate
offense, and such violator shall be punished accordingly.
b) Any person violating any of the provisions of this Ordinance shall become liable to the City of
Sanger for any and all expense, loss or damage occasioned by the City by reason of such violation.
c) In addition to the penalties provided herein, this ordinance is enforceable by injunction or any
other available remedy in any court of competent jurisdiction. The City of Sanger may recover its
reasonable attorney's fees, court costs, court reporter's fees and other litigation expenses of
litigation against any person found to have violated this Ordinance, or the orders, rules, regulations
and permit issued hereunder.
d) The Superintendent, the Building Inspector, the Fire Marshal, or their duly designated
employees or other personnel authorized to issue Class C misdemeanor citations are authorized
to issue citations for violations of this ordinance.
SECTION XIII
Repealer.
As a condition of obtaining water service from the City, customers shall install, maintain, and
operate their piping and plumbing systems in accordance with the City of Sanger Plumbing Code
{ Sanger Code of Ordinances, Chapter 3, Article 3.300) . In the event of a conflict between this
Ordinance and the City of Sanger Plumbing Code, the more restrictive provision shall apply. That
all other ordinances or parts of ordinances in force upon the effective date of this ordinance, which
are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby
repealed to the Extent of any such conflict.
Page 18 of 19
As a condition of obtaining water service from the City, customers shall install, maintain,
and operate their piping and plumbing systems in accordance with the City of Sanger
Plumbing Code {Sanger Code of Ordinances, Chapter 3, Article 3.300). In the event of a
conflict between this Ordinance and the City of Sanger Plumbing Code, the more restrictive
provision shall apply. That all other ordinances or parts of ordinances in force upon the
effective date of this ordinance, which are inconsistent, or in conflict with the terms or
provisions contained in this ordinance are hereby repealed to the Extent of any such conflict.
SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase, or word
in this ordinance, or application thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Sanger, Texas, hereby declares
it would have enacted such remaining portions despite any such invalidity.
SECTION III. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary id hereby directed to cause the caption of this
ordinance to be published twice in the Sanger Courier, the official newspaper of the City of
Sanger, Texas, within Ten (10) days of the date of its passage.
PASSED, APPROVED AND ADOPTED, this the6"' day ofDecember,1999, by the City Council
of the City of Sanger, Texas.
ATTEST:
C
Rosalie Chavez, ity Secre ry
ommy 'ncaid, Mayor
Page 19 of 19
EXHIBIT A: Facility Containment
FACILITIES THAT REQUIRE HIGH HAZARD, PREMISES ISOLATION PROTECTION
SAMPLE OF HIGH HAZARDS
Approved Air Gap or Reduced Pressure Backflow Assembly (Reduced Pressure
Detection Assembly) at Service Connection
❑ Battery manufacturing/ repair
❑ Beverage bottling
❑ Boat marinas/dry dock
❑ Car washes
❑ Chemical manufacturing/storage
❑ Cold storage
❑ Commercial laundries
❑ Dialysis centers
❑ Dry cleaners
❑ Film processing
❑ Hospitals/clinics
❑ Ice manufacturing
❑ Laboratories
Page 1
❑ Meat rendering
❑ Metal plating
❑ Mortuaries
❑ Nursing homes
❑ Paper products
❑ Petroleum process
❑ Plating plants
❑ Piers/docks
❑ Plasma centers
❑ Radioactive storage
❑ Sewage pump stations
❑ Sewage treatment
❑ Veterinary clinics
Exhibit B: Sample Service Certification
Service Inspection Certification
Name of PWS
PWS I.D.#
Location of Service
I upon inspection of the private water distribution facilities connected to the
aforementioned public water supply do hereby certify that, to the best of my knowledge:
(1) No direct connection between the public drinking water supply and a potential Compliance Non -Compliance
source of contamination exist. Potential source es of contamination are isolated
from the public water system by an air gap or an appropriate backflow
prevention assembly in accordance with commission regulations. ❑ ❑
(2) No cross -connection between the public drinking water system and a private ❑ ❑
water system exists. Where an actual air gap is not maintained between the
public water supply and a private water supply, an approved reduced pressure -
zone backflow prevention assembly is properly installed and a service
agreement exists for annual inspection and testing by a certified backflow
prevention device tester.
(3) No connection exists which would allow the return of water used for condensing, ❑ ❑
cooling, or industrial processes back to the public water supply.
(4) No pipe or pipe fitting which contains more than 8.0% lead exists in private ❑ ❑
water distribution facilities installed on or after July 1, 1988.
(5) No solder or flux which contains more than 0.2% lead exists in private water ❑ ❑
distribution facilities installed on or after July 1, 1988.
Water service shall not be provided or restored to the private water distribution facilities until
the above conditions are determined to be in compliance.
I further certify that the following materials were used in the installation of the plumbing facilities:
Service lines Lead ❑ Copper ❑ PVC ❑ Other ❑
Solder Lead ❑ Lead Free ❑ Solvent Weld ❑ Other ❑
I recognize that this document shall become a permanent record of the aforementioned Public Water System
and that I am legally responsible for the validity of the information I have provided.
Signature of Inspector
Title
Date
Registration Number
Type of Registration
Exhibit C: Sample Backflow Prevention Assembly Test and Maintenance Report
The following form must be completed for each assembly tested. A signed and dated original must be submitted
to the public water supplier for recordkeeping purposes:
BACKFLOW PREVENTION ASSEMBLY TEST AND MAINTENANCE REPORT
NAME OF PWS:
PWS I.D. #
SERVICE ADDRESS
The backflow prevention assembly detained below has been tested and maintained as required by TNRCC
regulations and is certified to be operating within acceptable parameters.
TYPE OF ASSEMBLY
❑ Reduce Pressure Principle
❑ Double Check Valve ❑ Pressure Vacuum Breaker
Manufacturer ❑ Atmosphere Vacuum Breaker
Model Number Size
Serial Number Located At
Reduced pressure principle assembly
Double check valve Assembly
1' check I tad check
Pressure vacuum breaker
Air inlet Check valve
Relief Opened at _ psid
Valve psid
Initial Test DC -closed Closed tig�OpcnedTight 0 Leak
9.2
Repairs and
materials used
Test after DC -closed
reps Tight
FClosuedd
RP
The above is certified to be true
Opened at
__ psid
Did not open0 Leaked
Opened at — T—psid
_____ psid
Firm Nana: Certified Tester
Firm Address: Cert. Tester No.
Date:
SERVICE AGREEMENT
I, PURPOSE. The CITY OF SANGER is responsible for protecting the drinking water supply
from contamination or pollution which could result from improper plumbing practices. The
purpose of this service agreement is to notify each customer of the plumbing restrictions which
are in place to provide this protection. The utility enforces these regulations to ensure the public
health and welfare. Each customer must sign this agreement before the CITY OF SANGER
will begin service. In addition, when service to an existing connection has been suspended or
terminated, the water system will not be re-establish service unless it has been signed copy of
this agreement.
II, PLUMBING RESTRICTIONS. The following unacceptable plumbing practices are
prohibited by State Regulations.
A, No direct connection between the public drinking water supply and a potential source
of contamination is permitted. Potential sources of contamination shall be isolated from
the public water system by an air -gap or an appropriate backflow prevention device.
B. No cross -connection between the public drinking water supply and a private water
system is permitted. These potential threats to the public drinking water supply shall be
eliminated at the service connection by the installation of an air -gap or a reduced
pressure -zone backflow prevention device.
C. No connection which allows water to be returned to the public drinking water supply is
permitted.
D. No pipe or pipe fitting which contains more than 8.0% lead may be used for the
installation or repair of plumbing at any connection which provides water for human
use.
E. No solder or flux which contains more than 0.2% lead can be used for the installation
or repair of plumbing at any connection which provides water for human use.
III. SERVICE AGREEMENT. The following are the terms of the service agreement between
the CITY OF SANGER (water system) and NAME OF CUSTOMER (the customer),
A. The Water System will maintain a coy of this agreement as long as the Customer and
/or the premises is connected to the Water System,
B. The Customer shall allow his property to be inspected for possible cross -connections
and other unacceptable plumbing practices. These inspections shall be conducted by
the Water System or its designated agent prior to initiating new water service; when
there is reason to believe that cross -connections or other unacceptable plumbing
practices exist; or after any major changes to the private plumbing facilities. The
inspections shall be conducted during the Water System's normal business hours.
C. The Water System shall notify the Customer in writing of any cross -connection or other
unacceptable plumbing practice which has been identified during the initial inspection or
the periodic reinspection.
D. The Customer shall immediately correct any unacceptable plumbing practice on his
premises.
E. The customer shall, at his expense, properly install, test, and maintain any backflow
prevention device required by the Water System. Copies of all testing and maintenance
records be provided to the Water System.
IV. ENFORCEMENT. IF THE Customer fails to comply with the terms of the Service
Agreement, the Water System, at its option, either terminate service or properly install, test,
and maintain an appropriate backflow prevention device at the service connection. Any
expenses associated with the enforcement of this agreement shall be billed to the Customer.
CUSTOMER'S SIGNATURE
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