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Ordinance 2002-06 ORDINANCE No.~09 -01.0 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING NEW CROSS CONNECflON CONTROL AND PREVENTION REGULATIONS, AND REPEALING WYLIE ORDINANCE NUMBER 99-34; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABllJTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. \VHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has investigated and determined that it would be in the best interest of the City of Wylie, Texas (the "City") and its inhabitants to establish and enforce a cross connection program for the purpose of protecting its drinking water supply from contamination and/or pollution due to any cross connections; and WHEREAS, it is the desire, purpose and intent of Wylie to comply with the regulatory requirements applicable to the establishment of a cross connection program; and WHEREAS, the City Council investigated and determined that it would be advantageous and beneficial to the City and its inhabitants to repeal Ordinance No. 99-34. WHEREAS, the building official and the public works department for the City have reviewed new Cross Connection Control Regulations and recommends adoption of the same by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1: Findim~s. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: ReDeal of Ordinance No. 99-34. City Ordinance No. 99-34 is hereby repealed. SECTION 3: Cross Connection control and Drevention. A new Article XVII "Cross Connection Control and Prevention" of Chapter 22 "Buildings and Building Regulations" of the Code of Ordinances of the City of Wylie, be, and it hereby is, added as set forth herein: 1 "ARTICLE XVll. CROSS CONNECflON CONTROL AND PREVENTION Sec.22-591. Cross-Connection standards. Every source of contamination or possible contamination from any contaminant which originates from or is located at a residential or commercial establishment, which is connected to any public water supply or which provides water to the public shall be equipped with the protection required tmder the provisions of this article. Sec. 22-592. Defmitions. For the purpose of this ordinance, the following definitions apply unless the context clearly indicates or requires a different meaning. If a word or term used in this ordinance is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the most recent adopted edition of the City of Wylie Plumbing Code and / or the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern Califomia: Air gap _ shall mean a physical separation between the free flowing discharge end of a potable water supply piping and/or appurtenance and an open or non-pressure receiving vessel, plumbing fixture or other device. An "approved air-gap separation" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other device in no case less than one inch. Atmospheric vacuum breaker backjlow prevention device or atmospheric vacuum breaker or AVE - shall mean a device used to prevent backsiphonage in non-health hazard conditions. This device cannot be tested and cannot prevent backpressure backflow. Auxiliary supply - shall mean any water source or system other than the public water system, that may be available in the building or on the property, including ground water or surface waters used for industrial, irrigation or any other purpose. Backjlow prevention assembly or assembly - shall mean an assembly to counteract back pressure or prevent backsiphonage. Backjlow - shall mean the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the City's water. Backpressure - shall mean any elevation of pressure in the downstream piping system (by any means) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the introduction of fluids, mixtures or substances from any source other than the intended source. Backsiphonage - shall mean the flow of water or other liquids, mixture or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by a sudden reduction of pressure in the potable water supply system 2 Boresight or Boresight to daylight - shall mean providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drainpipe. City or The City - shall mean the City of Wylie through the City Manager or any representative, inspector or employee designated by the City Manager. Commercial establishment - shall mean property or location which is used primarily for manufacture, production, storage, wholesaling or retailing of services which is or may be placed in the flow of commerce or any property or location which is used primarily for the provision of any servIce. Commission - shall mean the Texas Natural Resource Conservation Commission (TNRCC). Contaminants - shall mean any foreign material, solid or liquid, not common to the potable water supply which makes the water unfit or undesirable for human or animal consumption. Contamination - means the admission of contaminants into the potable water supply system. Cross-connection - shall mean any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it is possible for any nonpotable, used, unclean, polluted and contaminated water, or other substances, to enter into any part of such potable water system tmder any condition or set of conditions. Cross-connection control device - shall mean any nationally approved or recognized device placed upon any connection, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, which is designed to prevent nonpotable, used, unclean, polluted and contaminated water, or other substances, from entering into any part of such potable water system under any condition or set of conditions. Customer Service Inspection - shall mean an inspection designed to inspect and detect any actual or potential cross-connection hazards and / or exceed of the lead action level in solder or flux, pipe or pipe fittings. Degree of hazard - shall mean the low or high hazard classification that shall be attached to all actual or potential cross-connections as follows: (a) Health hazard - means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health. (b) High hazard - means the classification assigned to an actual or potential cross- connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply. 3 (c) Low hazard - means the classification assigned to 'an actual or potential cross- connections that potentially could allow a substance that may be objectionable but not hazardous to one's health to backflow into the potable water supply. . . (d) Pollution hazard - means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard, as defined. Maximum degree of intensity of pollution which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances. ( e) System hazard -. means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water supply or of a pollution or contamination that would have a detrimental effect on the quality of the potable water in the system Director - shall mean the City Manager, the City Manager's designated Water Utilities Manager, or his designee who is vested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this ordinance. Double check detector backjlow prevention assembly or double check detector or DCDA - shall mean an assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for very low rates of flow. Double check valve backjlow prevention assembly or double check assembly or double check or DC - shall mean an assembly which consists of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Fireline Tester - shall mean a tester who is employed by a state approved fireline contractor and is qualified to test backflow prevention assemblies on firelines only. General Tester - shall mean a tester who is qualified to test backflow prevention assemblies on any domestic, commercial, industrial or irrigation service except firelines. Mobile unit - shall mean any operation, which may have the potential to introduce contaminants into a potable water system from a mobile sourCe. These include, but are not limited to, carpet-cleaning vehicles, water-hauling vehicles, street-cleaning vehicles, liquid-waste vehicles, power-wash operations and pest-control vehicles. Non-residential use - shall mean water used by any person other than a residential customer of the water supply and includes, but not limited to, all uses not specifically included in "residential uses" as defined in the City zoning ordinance, as it currently exists or may be amended. 4 Person - shall mean any individual, partnership, association, cOiporation, firm, club, trustee, receiver, body politic and corporate, and any other such entity. Point-ofuse isolation - shall mean the appropriate backflow prevention \vithin the consumer's water system at the point at which the actual or potential cross-connection exists. Potable water supply - shall mean any water supply intended or used for human consumption or other domestic use. Premises - shall mean any piece of property to which water is provided, including but not limited to, all improvements, mobile structures, and structures located on it. Premises Isolation - shall mean the appropriate backflow prevention at the seMce connection between the public water system and the water user. Pressure vacuum breaker backjlow prevention assembly or pressure vacuum breaker or PVE - shall mean an assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure backflow. The assembly is a combination of a single check valve with an A VB and can be used with downstream resilient seated shutoff valves. In addition, the assembly has suction and discharge gate valves and resilient seated test cocks which allows the full testing of the assembly. Public water system or system - shall mean any public or privately owned water system, which supplies water for public domestic use. The system will include all services, reservoirs, facilities, and any equipment use in the process of producing, treating, storing, or conveying water for public consumption. Reduced Pressure principle backjlow prevention assembly or reduced pressure principle assembly or RP assembly or RP - shall mean an assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located resilient seated test cocks and a tightly closing resilient seated shutoff valve the end of the assembly. Reduced pressure principle detector backJlow prevention assembly or reduced pressure detector or RPDA - shall mean an assembly composed of a line-size approved reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for very low rates of flow. Representative of the water system - shall mean a person designated by the City of Wylie to perform cross-connection control duties that shall include, but are not limited to, cross-connection inspections and water use surveys Residential use - shall mean water used by any residential customer of the water supply and includes, but not limited to, single family dwellings, duplexes, multiplex, housing and apartments 5 where the individual units are each on a separate meter; or, in cases Where two or more units are served by one meter, the units are full-time dwellings. j' Service connection - shall mean the point of delivery which the water purveyor loses control of the water. Spill-resistant pressure vacuum breaker or SVB - shall mean an assembly containing an independently operating, internally loaded check valve and independently operating, loaded air inlet valve located on the discharge side of the check valve. This assembly is to be equipped with a properly located resilient seated test cock and tightly closing resilient seated shutoff valves attached at each end of the assembly. Tester - shall mean a person that is a certified backflow prevention assembly technician approved by and registered with the City and the lNRCC. Thennal expansion - shall mean heated water that does not have the space to expand. TNRCC - shall mean the Texas Natural Resource Conservation Commission Used water - shall mean water supplied by a public water system to a water user's system after it has passed through the service connection. Water Use Survey - shall mean a survey conducted or caused to be conducted by the local authority designed to identify any possible sources of contamination to the potable water supply. Sec. 22-593. Right-Of-Way Encroachment No person shall install or maintain a backflow prevention assembly upon or within any City right-of-way except as provided in this section. (a) A backflow prevention assembly required by the City may be installed upon or within any City right-of-way only if (1) the City determines, in its sole discretion, that there is no other feasible location for installing the assembly; (2) installing the assembly in the right-of-way will not interfere with traffic or utilities; and (3) a permit is obtained from the City. The City retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation. (b) All permits and inspections required by the City Code to perform work in the right- of-way shall be obtained (c) The assembly shall be installed below or flush with the surrounding grade, except when, in the City's sole, discretion, it is not practicable to install it in this manner. Any assembly or portion of an assembly, which extends aboveground, shall be located no closer than eighteen (18) inches to the face of the curb. (d) The City shall not be liable for any damage done to and/or caused by an assembly installed in a right-of-way. 6 (e) For purposes of public safety, a property owner shall, at the request of the City and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any City right-of-way when such relocation is necessary for street and/or utility construction and/or repairs. (f) A person commits an offense of this Ordinance if he/she fails to relocate a backflow prevention assembly located in or upon any City right-of-way after receiving a written order from the City requiring the same. Sec. 22-594. Multiple Connections Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall also contain a backflow assembly on each of the additional service lines to the premises. The type of assembly will be determined by the degree of hazard that could occur in the event of an interconnect between any of the buildings on the premises. Sec. 22-595. Protection required; installation. (a) The backflow prevention assembly protection which is required tmder this ordinance shall be any of the duly nationally recognized and authorized backflow prevention assemblies listed in a State of Texas approved Plumbing Code, or as determined by the City. Each backflow prevention assembly must have been approved by the City prior to installation. Failure to obtain such approval prior to installation of the backflow prevention assembly may result in the backflow prevention assembly failing to meet final approval by the City. The City shall determine the type and location ofbackflow assembly to be installed within the area served by the City. The assembly will be required in each of the following circumstances, but is in no way limited to the following circumstances: (1) The nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply. (2) Premises having anyone or more cross-connections and the cross-connection(s) is protected by an atmospheric vacuum breaker device (A VB). (3) Intemal cross-connections are present that are not correctable. (4) Intricate plumbing arrangements that are present which make it impractical to ascertain whether cross-connections exist. (5) There is unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency to assure that cross-connections do not exist. 7 (6) Installation of an approved backflow prevention. assembly is deemed, in the City's sole discretion, to be necessary to accomplish the purpose of these regulations. (7) An appropriate cross-connection survey report form has not been filed with the Public Works /Water Utilities Department of the City upon request of the City. (8) A fire suppression system that is connected to the City's water system (9) All new construction, if deemed necessary by the City during the customer service inspection. The type of assembly required will be determined by the degree of hazard. (10) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly may be installed at the service connection that supplies water for public domestic use. (11) Any used water return system. (12) In the event a point-of-use assembly has not had the testing or repair done as required by this ordinance, a premises isolation assembly will be required (13) If it is determined by the City that additions or alterations have been made to the plumbing system without obtaining proper permits, premises isolation may, in the City's sole discretion, be required (14) All multistory buildings or any building with a booster pump or elevated storage tank. (15) Retrofitting will be required on all high hazard connections and wherever else the City, in its sole discretion, deems necessary to retrofit. (b) All backflow prevention assemblies installed after the effective date of this ordinance shall be installed in a manner designed to facilitate ease of inspection by the City. Any currently installed backflow prevention assemblies, which are located in inaccessible locations or where the tester is subject to physical danger, shall be relocated to approved locations following current national guideline standards./ Sec. 22-596. Testing Of Assemblies (a) All backflow prevention assemblies shall be inspected and tested or caused to be inspected and tested at the expense of the property or building owner in each of the following circumstances: (1) Immediately after installations; (2) Whenever the assembly is moved; 8 (3) A minimum of once a year; (4) Premises that have been vacated and unoccupied for one year, prior to re- occupancy; (5) Immediately after repairs. (b) All assembly testing shall be performed by a state certified backflow prevention assembly tester, approved by theCity. (c) Duly authorized employees of the City bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this ordinance. Persons and occupants of premises which are provided water service by the City, either directly or indirectly, shall allow the City or its representatives access at all reasonable times to all parts of the premises for the purposes of: among others, inspection, testing, records examination and/or to facilitate the performance of any of their duties. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into their premises, the persons and occupants of the premises shall make necessary arrangements with their security guards so that upon presentation of identification, personnel from the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (d) The City is not liable for damage to a backflow prevention assembly, which may occur during testing, inspection and/or examination. ( e) A water use survey may be conducted at any establishment located in the City which is served by a public water supply or which provides water to the public. Upon determination that the establishment falls under the provisions of this ordinance and requires a backflow prevention assembly, a notice to abate the condition or to install the proper backflow prevention assembly shall be issued by the City. (f) It is the responsibility of the person, who owns or controls property, to have all assemblies tested in accordance with this ordinance. Assemblies may be required to be tested more frequently if the City, in its sole discretion, regulatory authority deems necessary. (g) All results from assembly testing by a certified backflow prevention assembly tester shall be placed on a form that is supplied by the City. Sec. 22-597. Thennal Expansion It is the responsibility of any person, who owns or controls property, to eliminate the possibility of thermal expansion if a closed system has been created by the installation of a backflow assembly. Sec. 22-598. Pressure Loss 9 Arrj reduction in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the City. Sec. 22-599. Residential Service Connections Any person who owns or controls any residential property, which has been determined to have an actual or potential cross-connection, shall eliminate the actual or potential cross-connection or have an approved backflow assembly installed in accordance with this ordinance. Sec. 22-600. Rental Properties Any person who owns or controls property is responsible for the installation, testing and repair of all backflow assemblies on their property. Sec. 22-601. Customer Service Inspection (a) Pursuant to TNRCC Water System Regulations, a customer service inspection for cross-connection control shall be completed by the City prior to providing continuous water service in each of the following circumstances: (1) Water service to a newly constructed facility or previously nonexisting prenuses. (2) After any material improvement to building(s) or premises. (3) Any correction or addition to the plumbing of any facility or premises. (4) The City, in its sole discretion, deems it necessary. (b) Permanent water service shall not be supplied to a new construction facility(s) until after the customer service inspection is completed as provided herein. (c) Temporary water service, which poses a potential cross-connection threat to the potable water supply, shall be protected by an approved backflow prevention assembly. Sec. 22-602. Installation Guidelines and Requirements for Backflow Prevention Assemblies (a) General - to ensure proper operation and accessibility of all backflow prevention assemblies, the following national guideline requirements shall apply to the installation of these assemblies: (1) Backflow prevention assemblies shall be installed in accordance with the current TNRCC Rule and these regulations. The assembly installer must obtain the required plumbing permits and have the installation inspected by the City. (2) At facilities which require a backflow prevention assembly to be installed at the point of delivery of the water supply, such installation of the assembly must be 10 before any branch in the line and on private property located just inside the bOlmdary between the City right of way and the landowner's property. The City may specify other areas for installation of the assembly. Assemblies that must be installed or are located on City rights of way are the responsibilities of the business or entity that the water line is serving. (3) The assembly must be protected from freezing and other severe weather conditions. (4) All backflow prevention assemblies shall be of a type and model approved by the City. (5) All vertical installations of backflow assemblies must have prior written approval by the City. (6) Assemblies that are larger than four (4) inches and installed more than five (5) feet above floor level must have a suitable platform for use by testing or maintenance personnel. (7) Bypass lines are prohibited Pipefittings are prohibited which could be used for connecting a bypass line. (8) Premises where an uninterrupted water supply is critical should be provided with two (2) assemblies installed in parallel. The assemblies should be sized in such a manner that either assembly will provide the maximum flow required. (9) Lines should be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (10) All facilities that require continuous, uninterrupted water service and are required to have a backflow assembly must make provisions for the parallel installation of assemblies of the same type so that testing, repair and maintenance can be performed. (11) The property owner and/or lessee assumes all responsibility for any damage resulting from, among other, installation, operation, and/or maintenance of a backflow assembly. The owner and/or lessee shall be responsible for keeping all backflow prevention assembly vaults reasonably free of silt and debris (12) Upon completion of installation, the City shall be notified and all assemblies must be inspected at the expense of the property owner and/or lessee. All assemblies must be registered with the City and shall provide the date of installation, manufacturer, model, type, size, serial number of the backflow assembly, and initial test report. (b) Reduced pressure principle bacliflow prevention assemblies (RPs) - may be utilized at premises where a substance is handled that would be hazardous to health if 11 introduced into the potable water system The RP is noriTially used in locations where an air gap is impractical. The RP shall be effective against both backsiphonage and backpressure. . . (1) RPs shall be sized to provide an adequate supply of water and pressure for the premises being served Flow characteristics are not standard Consult manufacturer's specifications for specific performance data (2) The assembly shall be readily accessible for testing and/or maintenance and shall be located in an area where water damage to building or furnishing would not occur from relief valve discharge. The property owner and/or lessee assumes all responsibility for any damage caused by water discharge from an RP assembly. A City approved air gap shall be located at the relief valve orifice ofRP assemblies. (3) No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. RPs are typically installed above grade in well drained areas, but may be installed below grade (grotmd level) if a . boresight drain to daylight, is provided. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. (4) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures are typically installed on the smaller assemblies. Daylight drain ports must be provided to accommodate full pressure discharge from the assembly. (5) Assemblies two (2) inches and smaller shall have at least six (6) inch clearance on both sides and on top of the assembly, and twelve (12) inches below and behind the assembly. All assemblies larger than two (2) inches shall have a minimum of twelve (12) inches on the backside, twenty-four (24) inches on the test cock side, and the relief valve opening shall be at least twelve (12) inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of thirty-six (36) inches is required on all vault lids. (6) All RP assemblies must be tested in accordance with this ordinance. Tests are the responsibility of the assembly owner. The owner must notify the City upon installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated by the City on a case-by- case basis. Any deviations must have prior written approval of the City. (c) Reduced pressure principle detector backjlow prevention assemblies (RPDA) - may be utilized in all installations requiring a reduced pressure principle backflow prevention assembly and detector metering. 12 (1) RPDAs shall comply with the installation requirements applicable for reduced pressure principle backflow assemblies (RP). (2) The line-size RP assembly and the bypass RP assembly must each be tested. A separate test report for each assembly must be completed by the certified tester. (d) Double check valve backjlow prevention assemblies (DC) - may be utilized at premises where a substance is handled that would be objectionable, but not hazardous to health if introduced into the potable water system. (1) DCs must be sized to provide an adequate supply of water and pressure for premises being served Consult manufacturer's specifications for specific performance data. (2) Premises where an uninterrupted water supply is critical should be provided with two (2) assemblies installed in parallel. Assemblies should be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required. (3) The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (4) Assemblies two (2) inches and smaller shall have at least six (6)inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than twenty-four (24) inches below grade. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the backside, twenty-four (24) inches on the test cock side, and twelve (12) inches below the assembly. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of thirty- six (36) inches is required on all vault lids. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. These clearance standards apply to all assemblies installed in vaults, enclosures, and meter boxes. (5) Vertical installations ofDCs are allowed only on sizes up to and including four (4) inches that meet the following requirements: (a) Internally spring-loaded check valves; (b) Flow is upward through assembly; ( c) Manufacturer states their assembly can be used in a vertical position; (d) Approved by Director. 13 (6) All DCs must be tested in accordance with "this article. Tests are the responsibility of the assembly owner. The owner must notify the City upon installation of any backflow prevention assembly. (7) Variances from these specifications will be evaluated by the City on a case-by- case basis. Any deviations must have prior written approval of the City. (d) Double check detector backjlow prevention assemblies (DCDA) - may be utilized in all installations requiring a double check valve assembly and detector metering. (1) DCDAs shall comply with the installation requirements applicable for double check valve assemblies (DCs). (2) The line-size DC assembly and the bypass DC assembly must each be tested A separate test report for each assembly must be completed by the certified tester. (e) Pressure vaCUlffll breaker backjlow prevention assemblies (PVB) - may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure. (1) Assembly shall be installed a minimum of twelve (12) inches above highest downstream piping. (2) PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge. (3) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. (4) All PVBs must be tested in compliance with this article. Tests are the responsibility of the assembly owner. The owner must notify the City upon installation of any backflow prevention assembly. (5) Variances from these specifications will be evaluated by the City on a case by case basis. Any deviations must have prior written approval of the City. (f) Spill resistant pressure vacuum breaker backjlow prevention assemblies (SVB) - may be utilized in all installations requiring a pressure vacuum breaker. (1) SVBs shall comply with the installation requirements applicable for pressure vacuum breaker backflow prevention assemblies. Sec. 22-603. Air Gap Separation 14 Air gaps provide maximum protection from backflow hazardS and should be utilized at all locations where "high" hazardous substances are at risk of entering the potable water system. . ' (a) An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel and in no case less than one (1) inch If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 450 angle. The air gap distance is measured from the bottom of the angle. Hoses are not allowed. (b) Air gap separations shall not be altered in any way without prior approval from the City and must be available for inspection at all reasonable times. (c) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three (3) times the diameter of the effective opening for a single, or a distance greater than four (4) times the effective opening for two (2) intersecting walls. Sec. 22-604. Fire Suppression Systems All new installations of fire suppression systems which utilize the City's potable water supply shall have an approved reduced pressure detector assemblies (RPDA) installed. An approved double check detector assemblies (DCDA) may be utilized for fire sprinkler systems that provide for periodic flow-through of water throughout the system during each twenty- four (24) hour period and where all piping is approved for potable water use by the plumbing code. (a) It is the responsibility of all property owners and persons in charge of any premises to abide by the conditions of this ordinance. In the event of any changes to the plumbing system, it is the responsibility of the property owners to notify the City. All costs associated with this article and the purchase, installation, testing and/or repair of a (RPDA) device or a (DCDA) device is the responsibility of the property owner and persons in charge of any premises. (b) Upon the approved installation of the (RPDA) device or a (DCDA) device, a cross- connection test report completed by a licensed fireline tester must be sent to the attention of the City and include the information required by this ordinance. Sec. 22-605. Fire Hydrant Protection An approved reduced pressure detector assemblies (RPDA) shall be the Il1lJllIllum protection for fire hydrant water meters which are being used for a temporary water supply during any construction or other uses which would pose a potential hazard to the public water supply. (a) It is the responsibility of all persons engaging in the use and rental of a fire hydrant water meter to abide by the conditions of this ordinance. All fire hydrant water meter rentals shall meet the current requirements as provided for by the City. 15 (b) Only City approved and authorized fire hydrant water meters with approved backflow prevention assemblies are allowed to be used within the City limits. . . ( c) All non-approved fire hydrant meters which are found to be in use in the City will be confiscated and enforcement action taken against the responsible party, as allowed for in the enforcement section of this ordinance. Sec. 22-606. Responsibilities of Property Owner/Person in Charge of Premises. (a) It is the responsibility of all property owners and/or persons in charge of any premises to abide by the conditions of this article and to comply with the following: (1) Payment of all costs associated with this ordinance and the purchase, installation, testing and repair ofbackflow prevention assemblies. (2) Install and maintain all backflow prevention assemblies in accordance with this article and acceptable industry practice. (3) All backflow prevention assemblies on each premises much be tested at least annually. Such testing must be conducted by a certified cross-connection tester who is registered with the City. Results of the test must be sent to the City, upon the form provided by the City, immediately after the test is complete. (4) Maintain all backflow prevention assemblies in proper working order at all times, including repair as required. (5) Maintain all backflow prevention assemblies in a manner, which allows them to be tested by a method that has been approved by the City. (6) All records related to backflow prevention assembly installation, testing and repair shall be maintained on the premises for a minimum of three (3) years from the date of any given record. (b) Certified backjlow prevention assembly tester - shall comply with the following requirements: (1) Annually register with the City and pay the required fee per Appendix C of the City of Wylie Code of Ordinances. (2) Maintain testing equipment in proper working condition/calibration. Test gages must be calibrated at least once each year. (3) Maintain the design and/or operation characteristics of an assembly. (4) Ensure that devices are tested according to accepted industry practice and TNRCC regulations. 16 (5) Enter required testing data, including without iiinitation, test gauge serial numbers, on cross-connection test forms obtained from the City. . ' (6) Report test results to the City within thirty (30) days of testing. (7) Provide a copy of the completed test report to the property owners and/or persons in charge of any premises. (8) Maintain testing and/or repair records for a minimum of three (3) years from the date of any given record Sec. 22-607. Backflow prevention assembly tester certification - registration required Only approved TNRCC licensed backflow prevention assembly testers can test backflow prevention assemblies in the City. Testers must register annually with the City, provide proof of TNRCC certification, and provide proof that testing equipment is able to maintain a calibration of plus or minus 0.2 psid accuracy and pay an annual, non-refundable, tester registration fee as required in Appendix C of the City of Wylie Code of Ordinances. Sec. 22-608. Fees There shall be an annual non-refundable registration fee of twenty-five dollars ($25.00) for each non-residential backflow prevention assembly device. This fee may appear on the monthly City water/sewer bill and relates solely to the matters covered in this ordinance and are separate from other fees chargeable by the City. Sec. 22-609. Compliance for Lawn Irrigation. A permit must be obtained from the City, for all lawn irrigation system installations. Such permit shall be issued by the City's building inspection department Installation requirements must comply with the current City plumbing code and/or guidelines for the appropriate device found in this ordinance. Interconnections of the potable water supply with an altemate water source is prohibited unless appropriate backflow protection is installed High Hazard backflow protection devices must be installed if any mechanical injection stations are used with the irrigation system Sec. 22-610. Mobile Units The connection of a mobile unit to any potable water. system is prohibited unless such connection is protected by an air gap or an approved backflow prevention assembly. Prior approval and annual device testing of any backflow prevention assembly must be received from the City before connecting to any potable water system Sec. 22-611. Enforcement. 17 (a) This ordinance shall be enforced by the City Manager, or his/her designee. .' (b) The City shall inspect and initially test, or cause to be tested, all backflow prevention assemblies installed pursuant to the requirements of this article. For new facilities, permanent water service shall not be provided tmtil all backflow prevention assemblies have been tested, approved and are operational. Except in cases where the testing of backflow prevention assemblies must be delayed tmtil the installation of internal production or auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy until all backflow prevention assemblies have been tested, approved and are operational. . The City shall not be liable for damage caused to any backflow prevention assembly as a result of the inspection, testing and/or exanUnation. ( c) Violations (1) A person commits an offense if there is failure to maintain backflow prevention assemblies in compliance with this Article. (2) A person commits an offense if there is failure to comply with a repair order issued by the City. (3) A person commits an offense if backflow from premises owned, operated or managed by the person enters the public water supply system. (4) A person commits an offense if there is a failure to pay any fees required by this article. (5) A person commits an offense by violating any section of this article. (6) A person commits an offense if discontinued or disconnected water service to premises under this article is reinstated, except as directed in writing by the City. (7) A person in charge of any facility commits an offense by allowing an unregistered tester to perform testing work on their property. (8) A person commits an offense by testing backflow prevention assembly within the City without being registered with the City. (9) A person commits an offense by testing backflow prevention assembly within the City without being certified by the TNRCC. (d) Penalty. (1) The water service may be discontinued for any premises and/or property where: 18 (a) The property owner or occupant fails to. test an installed backflow prevention assembly. (b) The bacldlow prevention assembly does not pass the test, and the property owner or occupant fails to make the necessary repairs to the device within the time period specified by the City, but in no case more than ten (10) days after the test indicates that the backflow prevention assembly is not working properly. ( c) The City discovers that a cross connection exists on the property that represents an immediate health hazard if the water service remains connected. (d) The City discovers that a cross connection exists on the property and the property owner or occupant fails to install the proper backflow prevention device within the time period specified by the City. (b) A certified tester's registration may be reviewed and revoked by the City if it is determined that the tester: (1) Has falsely, incompletely, or inaccurately reported assembly reports; (2) Has used inaccurate gauges; (3) Has used improper testing procedures; or (4) Has created a threat to public health or the environment. SECTION 4: Penaltv Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savin2s/ReDealim~ Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance 19 shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. . ' SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this ~ day of r~.I.1 ~____ , 2002. ~OOyjtF A TrEST: r~"''''''-~''''.'''' APPROVED AS TO FORM: r-- j." Richard Abernathy, City Attorney DATE(S) OF PUBUCATJON: 20 THE WYLIE NEWS __..,...,__ ~___.._~_.__u__.~_.____.__ ... .. __._'o'______.._ (overing Wylie, Sadlse, MurplIy and IlIe surrounding area ----- - ------. - _.._-----~---------_._--,,--_.__._---_."._- II () N. Ballard St. P.O. Box 369 Wylie. Texas 75098 972.442.55 J 5 Fax 972.442.4318 STATE OF TEXAS C()lJNTY OF C()LLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the foregoing attached 'd-5 Lk-- or- d . d-.({j ~ - O~ was published in said newspaper on the following dates, to-wit: .'J'oh. 3D , 2002, and ,2002. !If!6 Subscribed and sworn to before me this the 4 -\-\'" day of F mr U G r l.l ,2002, to certify which witness my hand and seal of office. ~ KATHLEEN S. NOBLE Notary PUblic State of Texas My Comm. Exp. 03-03-2004 Notary Public in and for The State of Texas My Commission Expires 3/0+ ORDINANCE NO. 2002-06 An Ordinance of the City of Wylie, Texas, adopting new cross connection con- trol and prevention regula- tions, and repealing Wylie Ordinance Number 99-34; providing for a penalty for a penalty for the violation of this ordinance; provid- ing forr.e~!ing, savings and severability clauses; providing for an effective date of this ordinance: and providing for the publica- tion of the caption hereof. Passed and approved this nnd day of January, 2002.