HomeMy WebLinkAboutORD 01-032 ORDINANCE NO. 01-032
ENTITLEDAN ORDINANCE AMENDING CHAPTER 28,ARTICLE III,
TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT, REQUIRING BACKFLOW
PREVENTERS AT EACH POTENTIALLY HAZARDOUS
CONNECTION TO THE CITY OF BEAUMONT'S WATER SYSTEM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Article III, Section 28-57, of the Code of Ordinances of the City of
Beaumont be amended to add Section 28-57, requiring backflow preventers at each
potentially hazardous connection to the City of Beaumont's water system and the same
is hereby amended to read as follows:
CITY OF BEAUMONT
ARTICLE III SECTION 28-57
CROSS CONNECTION CONTROL AND PREVENTION
Section 28-57.1. Purpose
The purpose of this ordinance is:
A) To protect the public potable water supply of Beaumont, Texas from the
possibility of contamination or pollution by isolating within the customer's
internal distribution system(s) or the customer's private water system(s) such
contaminants or pollutants that could backflow into the public water system.
B) To promote the elimination or control of existing cross-connections, actual or
potential, between the customer's in-plant potable water system(s) and
nonpotable water systems, plumbing fixtures, and industrial piping systems.
1 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd
Section 28-57.2. Cross-Connections Prohibited
A) No installation of potable water supply, piping, or part thereof, shall be made
in such a manner that allows used, unclean, polluted, or contaminated water,
mixtures, gasses, or other substances to enter any portion of such piping by
reason of back siphonage, back pressure, or any other cause.
B) No person shall install any water operated equipment or mechanism or use any
water treating chemical or substances, if it is found that such equipment,
mechanism, chemical, or substance may cause pollution or contamination of
the public potable water supply.
C) No person shall connect to the public potable water system any mechanism(s)
or system(s) designed to return used water to the public potable water system
through any measures.
D) No person shall connect to the public potable water system an auxiliary water
system without the approval of the City.
E) No water service connection shall be made to any establishment where a
potential or actual contamination hazard exists unless the public water supply
is protected in accordance with the Texas Natural Resource Conservation
Commission's Rules and Regulations for Public Water Systems and this
ordinance. Water service shall be discontinued by the City if a required
backflow prevention assembly is not installed, maintained, and tested in
accordance with TNRCC Rules and this Ordinance.
2 G:\CGIORDINMCV V&ND\ch28111sect28-57.wpd
Section 28-57.3. Definitions
The following definitions shall apply to this Ordinance:
Air Gap-The unobstructed vertical distance through free atmosphere between the
lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing
fixture, receptor, or other assembly and the flood level rim of the receptacle. These
vertical, physical separations must be at least twice the diameter of the water supply outlet,
never less than 1 inch (25 mm).
Auxiliary Supply-any water supply on or available to the premises other than the
City's approved public water supply. These auxiliary waters may include water from
another purveyor's public potable water supply or any natural sources, such as, but not
limited to a well, spring, river, stream, used waters, or industrial fluids. These waters
constitute an unacceptable water source over which the City does not have sanitary
control.
Backflow-The undesirable reversal of flow in a potable water distribution system
as a result of a cross-connection.
Backflow Prevention Device or Assembly - any mechanical or physical means to
prevent backflow into the potable water system, including reduced pressure backflow
assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure
vacuum breaker assemblies, or air gap. All backflow prevention assemblies shall have
been manufactured in full conformance with the standards established by the American
Water Works Association and have met completely the laboratory and field performance
3 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd
specifications of the Foundation for Cross-Connection Control and Hydraulic Research of
the University of Southern California established by"Specification of Backflow Prevention
Assemblies" of the most current issue of the Manual of Cross-Connection Control.
City or The City - the City of Beaumont, Texas or its authorized representative,
which, for the purposes of implementation and enforcement of the backflow prevention
program, shall normally mean representatives of Water Utilities.
Commission or TNRCC - Texas Natural Resource Conservation Commission,
regulatory agency of the State.
Cross-Connection - any actual or potential connection or structural arrangement
between a potable water supply system and any plumbing fixture or any tank, receptacle
equipment or device,through which it may be possible for any non-potable, used, unclean,
polluted and/or contaminated water, or other contaminant, to enter into any part of such
potable water system under any condition or set of conditions.
Double Check Valve Assembly-a backflow prevention assembly which consists of
two internally loaded check valves, either spring loaded or internally weighted, installed
as a unit between two tightly closing resilient-seated shutoff valves and fittings with
properly located resilient-seated test cocks.
Person - any individual, partnership, associations, corporations, firms, clubs,
trustees, receivers, and bodies politic and corporate.
Plumbing Code -the City's plumbing code as adopted under Section 6-144 of the
Code of Ordinances of the City of Beaumont.
4 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd
Potable Water Supply-any water supply intended or used for human consumption
or other domestic use.
Public Water System or Supply-any public or privately owned water system which
supplies water for public domestic use. The system will include all services, reservoirs,
facilities, and any equipment used in the process of producing, treating, storing, or
conveying water for public consumption. For the purposes of this Ordinance, this shall
normally mean the Public Water Supply maintained by the City of Beaumont.
Premises - any piece of property to which water is provided, including all
improvements, mobile structures, and structures located on it.
Recognized Backflow Prevention Assembly Tester - An individual meeting the
requirements of the most recent revisions to Title 30, Texas Administrative Code
§290.44(h)(4) and holding a current endorsement from the Texas Natural Resource
Conservation Commission or its designated agent, for the type of assembly being tested.
Reduced Pressure Principle Assembly-Abackflow prevention assembly consisting
of two independently acting approved check valves togetherwith a hydraulically operating,
mechanically independent pressure differential relief valve located between the check
valves and below the first check valve. These units are located between two tightly closing
resilient-seated shutoff valves as an assembly and equipped with properly located
resilient-seated test cocks.
Water Utilities Manager- person in charge of the City of Beaumont Water Utilities
Division or his/her designated representative.
5 G:\CG\ORDINANCVW END\ch28111sed28-57.wpd
Section 28-57.4. Applicability
The rules and regulations set forth herein are intended to limit backflow potential at
residential, commercial and industrial facilities as well as all wholesale customers and all
other connections to the City of Beaumont's public water system. Nothing contained
herein shall be construed to prevent the City from requiring appropriate backflow
prevention, including disconnection from service, for any water service that presents a
backflow potential where plumbing code requirements are not sufficient to protect the City
of Beaumont's public water system.
Section 28-57.5. Cost of Compliance
The cost of complying with these regulations shall be the responsibility of the property
owners and their lessees. These costs include but are not limited to purchasing,
installation, testing, and repair of backflow prevention assemblies. These costs shall also
include point-of-use and premise isolation assemblies.
Section 28-57.6. Pressure Loss
Any water pressure drop caused by the installation of a backflow prevention assembly
shall not be the responsibility of the City.
Section 28-57.7. Thermal Expansion
It is the sole responsibility of any user 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 prevention assembly.
6 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd
Section 28-57.8. Rental Properties
Any person who owns or controls rental property is responsible for the installation, testing,
and repair of any necessary backflow prevention assemblies on that property.
Section 28-57.9. Right of Entry
A) Upon presentation of proper identification, authorized representatives from the
City of Beaumont shall have the right to enter any building, structure, or
premises during normal business hours, or at any time during the event of an
emergency to perform any duty imposed by this Ordinance. These duties may
include sampling and testing of water, or inspections and observations of all
piping systems connected to the public water supply. Where a consumer has
security measures in force which would require proper identification and
clearance before entry into their premises, the consumer shall make necessary
arrangements with the security guards so that upon presentation of suitable
identification, City of Beaumont personnel will be permitted to enter without
delay for the purpose of performing their specific responsibilities. Refusal to
allow entry for these purposes may result in discontinuance of water service.
B) On request, the consumer shall furnish to the City of Beaumont any pertinent
information regarding the potable water supply system on such property where
cross-connections and backflow are deemed possible.
7 G:\CGI ORDINANCVWEND 1ch28111sect28-57.wpd
Section 28-57.10. Abatement by City
A) The City shall conduct a plumbing inspection or customer service inspection
on any residential or commercial establishment served by the City's public
water supply prior to providing continuous water service to all new construction,
on any existing service when the Water Utilities Manager has reason to believe
that cross-connections or other contaminant hazards exist, or after any material
improvement, correction, or addition to the customer's private distribution
facilities. The purpose of the inspection is to determine compliance with this
Ordinance and applicable portions of the City's Plumbing Code relating to
cross connection control and unsafe plumbing practices. Upon determination
by the City that the residential or commercial establishment falls under the
provisions of this Ordinance and requires a backflow prevention assembly, the
Water Utilities Manager shall issue a notice to abate the condition or order the
establishment to install the proper backflow prevention assembly(ies)
commensurate with the degree of hazard . A copy of the notice which is issued
or caused to be issued by the Water Utilities Manager shall be forwarded to the
chief plumbing inspector of the City.
B) An approved backflow prevention assembly shall be installed on each service
line or point of delivery to a consumer's water system whenever the following
conditions exist:
8 G:\CG%ORDINANC\AMEND1ch28lllsect28-57.wpd
1) In the case of premises having an auxiliary water supply which is not or may
not be of safe bacteriological or chemical quality and which is not
acceptable as an additional source by the TNRCC or the City, the public
water system shall be protected against backflow from the premises by
installing an approved backflow prevention assembly in the service line
commensurate with the degree of hazard.
2) In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create 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 in the service line commensurate with the
degree of hazard. This shall include the handling of process waters and
waters originating from the City's public water system which have been
subject to deterioration in quality.
3) In the case of premises having (1) internal cross-connections that cannot
be permanently corrected or protected against, or(2)intricate plumbing and
piping arrangements or 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 City's public water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly in each
service line.
9 G:\CG\ORDINANCVWEND\ch28lllsect28-57.wpd
C) Using the City's Plumbing Code, TNRCC regulations and guidelines, and
American Water Works Association (AWWA) recommendations, the Water
Utilities Manager shall designate the type of backflow prevention assembly
required for each type of establishment or hazard. In the case of conflict
between these references, the more stringent standard shall apply.
D) Any backflow prevention assembly required by this Ordinance shall be of a
model and size approved by the Water Utilities Manager.
Section 28-57.11. Fire Hydrant Protection
An approved double check valve backflow prevention assembly or reduced pressure zone
backflow prevention assembly shall be the minimum 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 City's public water supply. A reduced
pressure zone backflow prevention assembly must be installed if any contaminant other
than the potable water can be introduced into the system.
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 Customer Service Section and Water Distribution Section.
B) Only fire hydrant water meters with approved backflow prevention assemblies
are allowed to be used on fire hydrants in the Beaumont public water supply
system. All fire hydrant meters shall be obtained from the Beaumont Water
Utilities Division.
10 G:\CG\ORDINANC\AMEND\ch28lllsecl28-57.wpd
C) A deposit is required to ensure the return of all water meters and backflow
prevention assemblies to the Water Distribution Section. Failure to return the
assemblies will result in forfeiture of the deposit and enforcement action may
be taken against the responsible party, as allowed for in the penalty section of
this Ordinance.
D) Non approved fire hydrant meters which are found to be in use in the City's
public water system will be confiscated and not returned. Enforcement action
may be taken against the responsible party, as allowed for in the enforcement
section of this Ordinance.
E) It shall be a violation of this Ordinance for anyone other than employees of
Beaumont Water Utilities or the Beaumont Fire Department to open, tamper
with, or use water from any fire hydrant without the express written permission
of Beaumont Water Utilities.
Section 28-57.12. Installation Requirements
Backflow prevention assemblies shall be installed in accordance with the following
requirements, to ensure their proper operation and accessibility:
A) Backflow prevention assemblies shall be installed in accordance with the City's
Plumbing Code and the manufacturer's instructions. All backflow prevention
assemblies installed in accordance with this ordinance shall be tested upon
installation by a recognized backflow prevention assembly tester. The test
report shall be sent to the Water Utilities Division within ten (10) days of the
11 G:1 CG\ORDINMC WMEND1ch28111sec128-57.wpd
installation. The assembly installer shall obtain the required plumbing permits
prior to installation as required by the City's Plumbing Code.
B) No part of a reduced pressure principle backflow prevention assembly shall be
located in water or installed in a pit or other location subject to flooding. If a
double check valve assembly is installed in a vault, brass plugs shall be
maintained in the test ports at all times and adequate drainage shall be
provided.
C) When a backflow prevention assembly is installed to serve an entire
establishment, the assembly shall be installed at the service connection of the
water supply, before any branch in the line, and on private property located just
inside the boundary of the City's right of way. The Water Utilities Manager may
specify additional areas for installation of assemblies if needed.
D) Backflow prevention assemblies shall be protected from freezing and other
severe weather conditions.
F) All vertical installations shall be approved in writing by the Water Utilities
Manager prior to installation.
G) Backflow prevention assemblies shall be readily accessible with adequate room
for maintenance and testing. Assemblies two(2) inches and smaller shall have
at least six (6) inch clearance on all sides of the assembly. All assemblies
larger than two (2) inches shall have a minimum clearance of twelve (12)
inches on the back side, twenty-four (24) inches on the test cock side, twelve
(12) inches below the assembly, and thirty-six(36) inches above the assembly.
12 G:1 CGIORDINANC WMEND1ch28111sect28-57.wpd
°Y" pattern double check valve assemblies shall be installed so that the checks
are horizontal and the test cocks face upward.
H) If an assembly is installed five (5) feet or higher above the ground or floor, it
shall be equipped with a suitable platform for use by testing or maintenance
personnel. This installation shall meet all applicable requirements set out by
the U. S. Occupational Safety and Health Administration and the State of Texas
occupational safety and health laws.
1) Bypass lines are prohibited. Pipe fittings which could be used for connecting
a bypass line shall not be installed.
Section 28-57.13. Annual Inspections and Maintenance
A) Regular inspections and testing of mechanical backflow prevention assemblies
shall be conducted at least once per year by a recognized backflow prevention
assembly tester on backflow prevention assemblies which are installed to
provide protection against health hazards, as defined by TNRCC rules,AWWA
standards, or as determined by the Water Utilities Manager. The Water
Utilities Manager may also require more frequent testing in certain applications
to protect against high health hazards. If upon inspection of the backflow
prevention assembly, it is deemed to not be operating properly, it is the
responsibility of the establishment to immediately make all necessary repairs.
It is the responsibility of the tester to report all assemblies found not to be
operating correctly to the Water Utilities Division. Test reports shall be
submitted to the Water Utilities Division within ten(10)working days of the test.
13 G:\CGIORDINMCWNEND\ch28111sect28-57.wpd
Only tests conducted by recognized backflow prevention assembly testers and
which are reported correctly on City report forms shall be in compliance with
this Ordinance.
B) The maintenance and repair of any backflow prevention assembly shall be the
responsibility of the property owner of the premises,the lessee of the premises,
or both. The backflow prevention assembly is to be installed and maintained in
proper working order at all times, including repair as required.All maintenance
and repair of assemblies or assemblies shall be in accordance with all
applicable regulations of the TNRCC and with acceptable industry practice. In
the event that the water to an establishment may not be turned off for testing
of the backflow prevention assembly, the establishment shall be equipped with
dual backflow prevention assemblies of the same type so that testing, repair,
and maintenance may be performed.
C) No backflow prevention assembly shall be removed from use, relocated, or
other assembly substituted without the approval of the Water Utilities Manager.
Whenever an existing backflow prevention assembly is moved from its present
location or cannot be repaired, the assembly shall be replaced with a backflow
prevention assembly in compliance with this Ordinance. The new assembly
shall be installed and tested in compliance with this Ordinance.
D) Test gauges used for backflow prevention assembly testing shall be calibrated
at least annually in accordance with the American Water Works Association's
Recommended Practice for Backf/owPrevention and Cross Connection Control
14 G:1 CGIORDINANC1AMEND 1ch28llNec128-57.wpd
(Manual M14) or the University of Southern California's Manual of Cross
Connection Control. The Water Utilities Manager may require calibration
reports or other documentation of compliance with this requirement.
C) City personnel may perform inspections and request testing of backflow
prevention assemblies while they are present to verify proper testing and to
determine the proper operation of assemblies. The City shall not be liable for
damage caused to any backflow prevention assembly as a result of the
inspection or testing.
Section 28-57.14. Emergency Suspension of Water Utility Service
A) The Water Utilities Manager may, without prior notice, suspend water service
to any premises when such suspension is necessary to stop an actual or
threatened backflow which:
1) presents or may present imminent and substantial danger to the
environment or to the health or welfare of persons; or
2) presents or may present imminent and/or substantial danger to the City's
public water supply.
B) As soon as is practical after the suspension of service, the Water Utilities
Manager shall notify the owner or person in charge of the premises of the
suspension, in person or by certified mail, return receipt requested, and shall
order such person to correct the cross-connection which allowed the backflow
to occur. When time permits, the Water Utilities Manager should also notify the
owner or person in charge prior to suspending water service.
15 G\CG\ORDINANC\AMEND\ch28111sect28.57.wpd
C) The Water Utilities Manager shall not reinstate suspended services until:
1) The person presents proof, satisfactory to the Water Utilities Manager, that
the hazard has been eliminated and its cause determined and corrected;
2) The person pays the City for all costs the City incurred in responding to the
backflow or threatened backflow; and
3) The person pays the City for all costs the City will incur in reinstating
service.
D) A person whose service has been suspended, may appeal such enforcement
action to the Water Utilities Manager, in writing, within ten days of notice of the
suspension.
E) A person commits an offense if the person reinstates water service to the
premises suspended pursuant to this Section,without the priorwritten approval
of the Water Utilities Manager.
Section 28-57.15. Non-emergency Termination of Water Utility Service
A) The Water Utilities Manager may terminate the City provided water supply of
any user who violates the following conditions:
1) Refusing the Water Utilities Manager reasonable access to the water user's
premises for the purpose of inspection;
2) Hindering or denying the Water Utilities Manager access to backflow
prevention assemblies;
3) Failing to install maintain, or test backflow prevention assemblies as
required by the Water Utilities Manager and this Ordinance; or
16 G:1 CG\ORDINANC\AMEND1ch28likoct28-57.wpd
4) Failing to install, maintain, and operate their piping and plumbing systems
in accordance with the City's Plumbing Code.
B) The Water Utilities Manager will notify a water user in writing of the proposed
termination of its water supply by certified mail, return receipt requested. The
water user may petition the Water Utilities Manager for a reconsideration of the
decision.
C) Exercise of this enforcement option by the Water Utilities Manager shall not be
a bar to, nor a prerequisite for, taking any other action against the water user.
D) The Water Utilities Manager shall not reinstate suspended services until:
1) The person presents proof, satisfactory to the Water Utilities Manager, that
the condition has been eliminated and its cause determined and corrected;
2) The person pays the City for all costs the City incurred in responding to the
backflow or threatened backflow; and
3) The person pays the City for all costs the City will incur in reinstating
service.
E) A person commits an offense if the person reinstates water service to the
premises terminated pursuant to this Section,without the prior written approval
of the Water Utilities Manager.
17 G:1 CGIORDINANCIAAAEND 1ch28111smt28-57.wpd
Section 28-57.16. Penalties
A) Criminal Penalty: A person who violates a provision of this chapter shall be
guilty of a misdemeanor punishable by a fine not to exceed two thousand
dollars ($2,000), in accordance with §54.001, Texas Local Government Code.
B) Civil Penalty: The City Attorney is authorized to commence an action for
appropriate equitable or injunctive relief in a court of competent jurisdiction, in
accordance with §54.012, Texas Local Government Code. Such relief may
include:
1) A civil penalty not to exceed $1000 per violation per day.
2) Recovery for expenses incurred by the City in responding to a violation of
this Ordinance;
3) Injunction to prevent a violation of this Ordinance;
4) All other damages, costs, and remedies to which the City may be entitled.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
18 G:\CG\ORDINANC\AMEND\ch28111sect28-57.wpd
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
March, 2001.
- Mayor -
19 G:\CG\ORDINANCWMEND\ch28111sect28-57.wpd