HomeMy WebLinkAboutOrdinance No. 2008-26 Title: An ordinance amending Chapter 86, "Utilities" of the Code of Ordinances of the
City of Friendswood by adopting a new section providing for backflow prevention and
customer service inspections; and providing other matters relating to the subject.
ORDINANCE NO.2008-26
AN ORDINANCE AMENDING CHAPTER 86 - UTILITIES BY ADDING
A NEW SECTION 86-75 TO PROVIDE FOR A BACKFLOW
PREVENTION AND CUSTOMER SERVICE INSPECTIONS PROGRAM;
PROVIDING FOR A COMPLIANCE PERIOD; PROVIDING A PENALTY
OF AN AMOUNT NOT TO EXCEED $500 FOR VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Friendswood is a water purveyor and provides and maintains a
public potable water system for the public within its City limits; and
WHEREAS, the City of Friendswood intends to comply with State of Texas regulations
to enhance the health, safety and general welfare of its residents and the general public; and
WHEREAS, protection of the public water supply contributes to the health, safety and
general welfare of its residents and the general public; and
i
WHEREAS, Title 30 of the Texas Administrative Code (TAC), Section 290.460)j
requires a water purveyor to adopt a backflow prevention and customer service inspections))
program to prevent the potential contamination or pollution of its potable water system.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD,TEXAS:
SECTION 1. Chapter 86 of the City Code of the City of Friendswood, Texas, i
hereby amended by adding a new Section 86-75. BackJlow Prevention and Customer Servic
Inspections as set forth below. Words being deleted are indicated by brackets an
strikethroughs, as follows: "[deleted]." Words being added are indicated by underline, as
follows: "underline." Additions to words or phrases in the existing ordinance text are indicated
by a double underline, as follows:
"ordinances."
"_Section 86-75. Backflow Prevention and Customer Service Inspections.
O Scope. This section applies to all water service customers within the City of
Friendswood where water service or the associated plumbing has been altered or newly;
installed, where the possibility of unprotected cross-connections may exist, or where an i
existing backflow prevention assembly is installed.
(b) Purpose. The purpose of this section is:
1. To protect the public water supply of the City of Friendswood from cross
contamination or pollution by separating potential contaminants from flowing into the
public water supply systems; and
2. To prevent unprotected cross-connections by ensuring that all potential
sources of contamination shall be separated from the public water supply system by an air-
gap or an appropriate backflow prevention device; and
3. To establish Backflow Prevention and Customer Service Inspection Program
which will systematically and effectively prevent the contamination or pollution of the City
of Friendswood's potable water supply system; and,
4. To follow the guidelines set forth in the Texas Commission on Environmental,
Ouality Rulcs and Regulations for Public Water Systems.
(c) Authority, The City of Friendswood, and all designated representatives, will be
considered the authority having iurisdiction. The Public Works Department and the.
Community Development Department of the City of Friendswood are authorized to make
all necessary and reasonable rules and policies consistent with respect to the enforcement'
of this section.
(d)Definitions.
1. "Altered" — any material improvement, relocation of or addition to the water
supply system which does not include replacement of fixtures.
2. "Backflow" - any unwanted flow of used, non-potable water or chemical
substance from any piping system into the public water supply system.
3. "Backpressure" — any elevation of pressure in the downstream piping system
(by pump, elevation of piping, or steam and/or air pressure) above the supply
pressure at the point of consideration which would cause, or tend to cause, a
reversal of the normal direction of flow.
4. "Back-siphonage"—a form of backflow due to a deduction in system pressure
which causes a sub atmospheric pressure to exist at a site in the water system.
5. "Cross-Connection" — any unprotected water supply connection, actual or
potential, between the water supply system and any other source through whicli
it is possible to introduce any used water, or chemical substance into the public
water supply system; By-pass arrangements, jumper connections, removable
sections, swivel or changeover devices, or other devices through which backflow
could occur, shall be considered to be cross-connections.
Ord.2006-26 2
{
6. "Health hazard" —A potential contamination hazard involving any substance
that may cause death, illness, or spread of disease if introduced into the public
water supply.
7. "Non-health hazard" -- A potential contamination hazard involving any
substance that constitutes a nuisance, or may be aesthetically objectionable, if
introduced into the public water supply.
8. "Non-residential'—includes all properties except one & two-family dwellings.
9. "Potential Source" —includes but is not limited to any lavatory, sink, or vessel
which could provide the potential for backpressure and/or backsiphonage to
occur thereby contaminating the potable water supply system.
10. "Residential'—includes only one& two-family dwellings.
11. "Water Purveyor" — the operator, herein referred to as the City of
Friendswood, of the public water system which supplies potable water to the
public.
(e) Back/low Prevention Program.
1. No water service connection shall be made to any establishment where a
potential or actual contamination hazard exists unless the water supply is protected in
accordance with state regulations for public water systems and this article. The water
Purveyor shall discontinue water service if a required backflow prevention assembly is not
installed, maintained, and tested in accordance with state regulations and this section.
2. All types of backflow prevention assemblies shall be installed according to the
hazards table inset below.
a. Table 1 reflects types of uses of a premises, their corresponding hazard,
classification and recommended backflow assemblies.
b. Table 2 reflects different types of internal cross-connections, their
corresponding hazard classifications and recommended backflow assemblies.
Table 1
The following table lists many common hazards. It is not an all-inclusive list of the hazards which may be
found connected to public water systems.
i
Premises Isolation—Description of Premises Assessment of Hazard Required Assembly
Aircraft and other missile plants Health RPBA or AG
Animal feedlots Health RPBA or AG
Automotive plants Health RPBA or AG
Breweries Health RPBA or AG
Canneries,packing houses and rendering plants Health RPBA or AG
Commercial car wash facilities Health RPBA or AG
Commercial laundries Health RPBA or AG
Cold storage facilities Health RPBA or AG
Connection to sewer pipe Health AG
Dairies Health RPBA or AG
Docks and dockside facilities Health RPBA or AG
Dye works Health RPBA or AG
Food and beverage processing plants Health RPBA or AG
Hospitals,morgues,mortuaries,medical clinics,
dental clinics,veterinary clinics,autopsy
facilities,sanitariums,and medical labs Health RPBA or AG
Metal manufacturing,cleaning,processing,
Ord.2008-26 3
i
and fabrication plants Health RPBA or AG
Microchip fabrication facilities Health RPBA or AG
Paper and paper products plants Health RPBA or AG
Petroleum processing or storage facilities Health RPBA or AG
Photo and film processing►abs Health RPBA or AG
Plants using radioactive material Health RPBA or AG
Plating or chemical plants Health RPBA or AG
Pleasure-boat marinas Health RPBA or AG
Private/IndividuaVUnmonitored Wells Health RPBA or AG
Reclaimed water systems Health RPBA or AG
Restricted,classified or other closed facilities Health RPBA or AG
Rubber plants Health RPBA or AG
Sewage lift stations Health RPBA or AG
Sewage treatment plants Health RPBA or AG
Slaughter houses Health RPBA or AG
Steam Plants Health RPBA or AG
Tall buildings or elevation differences where the
highest outlet is 80 feet or more above the meter Nonhealth DCVA
Table 2
The following table lists many common hazards. It is not an all-inclusive list of the hazards which may be
found connected to internal piping connected to public water systems.
Internal Protection—Description of Cross Connection Assessment of Hazard Required Assembly
Aspirators Nonhealth* AVB
Aspirator(medical) Health AVB or PVB
Autoclaves Health RPBA
Autopsv and mortuary equipment Health AVB or PVB
Bedpan washers Health AVB or PVB
Connection to industrial fluid systems Health RPBA
Connection to plating tanks Health RPBA
Connection to salt-water cooling systems Health RPBA
Connection to sewer pipe Health AG
Cooling towers with chemical additives Health AG
Cuspidors Health AVB or PVB
Degreasing equipment Nonhealth* DCVA
Domestic space-heating boiler Nonhealth* RPBA
Dye vats or machines Health RPBA
Fire-righting system
(toxic liuuid foam concentrates) Health RPBA
Flexible shower heads Nonhealth* AVB or PVB
Heating equipment
Commercial Nonhealth* RPBA
Domestic Nonhealth* DCVA
Hose bibbs Nonhealth* AVB
Irrigation Systems
with chemical additives Health RPBA
without chemical additives Nonhealth* DCVA.AVB,or PVB
Kitchen equipment—Commercial Nonhealth* AVB
Lab bench equipment Health or Nonhealth* AVB or PVB
Ornamental fountains Health AVB or PVB
Swimming pools
Private Nonhealth* PVB or AG
Public Nonhealth* RPBA or AG
Sewage pump Health AG
Ord.200e-2e 4
I
Sewage electors Health AG
Shampoo basins Nonhealth* AVB
Specimen tanks Health AVB or PVB
Steam generators Nonhealth* RPBA
Steam tables Nonhealth* AVB
Sterilizers Health RPBA
Tank vats or other vessels containing toxic substances Health RPBA
Trap primers Health AG
Vending machines Nonhealth* RPBA or PVB
Watering troughs Health AG or PVB
NOTE: AG=air gap;AVB=atmospheric vacuum breaker; DCVA=double check valve backflow
prevention assembly;PVB=pressure vacuum breaker;RPBA=reduced=pressure principle backflow
prevention assembly.
+AVBs and PVBs may be used to isolate health hazards under certain conditions,that is,backsiphonage
situations. Additional area of premises may be required.
*Where a greater hazard exists(due to toxicity or other potential health impact)additional area protection
with RPBA is required.
(f) Assembly Testing and Maintenance.Annual Testing.
1. All backflow prevention assemblies, independent of the hazard identified,
shall be tested upon installation by a certified backflow prevention assembly tester and
certified to be operating within specifications. Backflow prevention assemblies which are
installed to provide protection against health hazards must also be tested annually and
certified to be operating within specifications. The City of Friendswood Public Works
Department will provide written notification to the property owners 30 days in advance
stating when the annual test of their backflow prevention assembly is required. Results of
all testing must be forwarded to the City of Friendswood Community Development.
Department by the date of expiration. Failure to receive notification does not relieve,
Property owners of the responsibility of annual testing for each assembly.
2. All backflow prevention assemblies shall be installed and tested in accordance
with the manufacturer's instructions, the American Water Works Association'si
Recommended Practice for Backflow Prevention and Cross-Connection Control (Manual,
14, current edition) or the University of Southern California Manual of Cross-Connection,
Control (current edition), and the regulations set forth by the Texas Commission on
Environmental Quality.
3. Assemblies shall be repaired, overhauled, or replaced at the expense of the
water customer whenever said assemblies are found to be defective. Original forms of such
test, repairs, and overhaul shall be kept and submitted to the City of Friendswood
Community Development Department within five (5) business days of the test, repair or
overhaul of each backflow prevention assembly. 1
4. All existing backflow prevention assemblies which do not meet current state
regulations but were approved devices at the time of installation and which have been
properly maintained, may, except for the testing and maintenance requirements under
Subsections Ml, M2 and (f)3, continue in use until the assembly can not meet all minimum
annual testing performance standards. The City of Friendswood Community
Development Department may require the assembly be replaced in the event that it is
determined that the continued use of the assembly constitutes a health hazard.
Ord.200e-2e 5
I
5. No backflow prevention assembly or device shall be removed from use,
relocated, or other assembly or device substituted without the approval of, or a permit l
from, the City of Friendswood Community Development Department. Whenever the
existing assembly or device is moved from the present location or cannot be repaired, the
backflow assembly or device shall be replaced with a backflow prevention assembly or
device that complies with this section, and which has been tested as herein required.
6. Gauges used for backflow prevention assembly testing shall be calibrated at
least annually. The original calibration form shall be submitted to the City of Friendswood
Community Development Department within five (5)business days after calibration.
(g) Responsibility. It shall be the responsibility of the water customer where,
backflow prevention assemblies are installed to have a field test performed and repairs'
completed (if necessary) by a certified backflow prevention assembly tester. Tests and
repairs shall be at the expense of the water user.
(h) Customer Service Inspections Program — Required. A Customer Service
Inspection Report shall be completed prior to providing continuous water service to all new;
construction, on any existing service when the water purveyor has reason to believe that'
cross-connections or other contaminant hazards exist, or after any material improvement,'
correction, alteration, or addition to the private water distribution facilities.
(i)Authority to perform required customer service inspections.
1. Texas State Board of Plumbing Examiners certified Plumbing Inspectors and
licensed plumbers with the Water Supply Protection Specialist endorsement may Perform
customer service inspections. j
2. Certified Waterworks Operators and members of 'other water related'
professional groups who have completed a training course, passed an examinations
administered by the Texas Commission on Environmental Ouality or its designated agent!
and hold a current endorsement issued by the Commission may perform customer service
inspections.
0) Completion of required Customer Service Inspections. All required custome
service inspections associated with a plumbing permit shall be included in the plumbing,
final inspection by the City's designated plumbing inspector. All additional customer
service inspections will be the responsibility of the property owner.
(k) Minimum Standards of a required Customer Service Inspection. The required
Customer Service Inspection must certify that:
1. No direct connection between the public water supply and a potential source
of contamination exists, and that potential sources of contamination are isolated from the
public water supply by a properly installed air gap or an appropriate backflow prevention
assembly.
2. No cross-connection between the public drinking water supply and a private
water system exists, and where an actual air gap is not maintained between the public
water supply and a private water supply, an approved reduced pressure-zone backflow
Ord.2008-26 6
i
Prevention assembly is properly installed and a service agreement exists for annual
inspection and testing by a certified backflow prevention assembly 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. For all newly constructed systems and for any portion of an existing system at
or within view from a backflow prevention device or work of any type performed on said
existing system, the following statements are required: (a)Lead tests have been performed
as required, and no pipe or pipe fitting which contains more than 8.0% lead has been used
for the installation or repair of plumbing at any connection which provides water for
human use: and (b) Lead tests have been performed as required, and no solder or flux
which contains more than 0.2% lead has been used for the installation or repair of
plumbing at any connection which provides water for human use.
(1) Authority Having Jurisdiction, Enforcement. The City of Friendswood'
Community Development Department and Public Works Department shall have theL
responsibility for maintenance of the Backflow Prevention and Customer Service'
Inspections Program, and for enforcement of this ordinance. All customers shall have until]
March 31, 2009 to come into compliance with the use of backflow preventers and to have,
their inspections done and reports submitted to the Community Development Department.
(m)Authority to disconnect service. If a person violates this ordinance, the City of
Friendswood Public Works Department shall, upon due notice to the water customer, beI
authorized to discontinue water service to the premises where such violation(s) occurred.
(n) Reconnection. Upon request to open or reinstitute water service at a location
previously discontinued due to violation(s) of this ordinance, proof of a current customer,
service_ inspection as described in Subsections (i), (i) and (k) above shall be provided,
Services disconnected under such circumstances shall be restored only upon receipt of the
inspection report indicating that the previous violation(s) have been remedied and received
Payment of a reconnection charge, consistent with the fee and charge schedule found in
Appendix D —Fees of the Code of Ordinances, and any other costs incurred by the City of
Friendswood in discontinuing service. In addition, suitable assurance must be given to the
City of Friendswood that the same violation shall not be repeated while this ordinance is in
effect. Compliance with this ordinance may also be sought through iniunctive relief.
(o) Penalty. Notwithstanding section 1-14 of The City Code, any person who
shall intentionally, knowingly or with criminal negligence violate any provision of thig
section shall be deemed guilty and,upon conviction, shall be fined in an amount not to exceed
$500.00. "
SECTION 2. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty and, upon conviction,
Ord.2008-26 7
shall be fined in an amount not to exceed$500.00. This ordinance shall become effective after its
publication in the official newspaper of the City of Friendswood.
SECTION 3. All ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby repealed and all other ordinances of the City of
Friendswood not in conflict with the provisions of this ordinance shall remain in full force and
effect. In the event any clause phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid or
held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate
this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid
or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional,whether there be one or more parts.
1
PASSED AND APPROVED on first reading this 4`" day of August, 2008.
PASSED, APPROVED AND ADOPTED on second and final reading this 18`" day
of August,2008.
Da id J. H. Smith
Mayor
ATTEST:
o,
Melinda K. Welsh
Deputy City Secretary
OF t�iP`r
Ord.2008-26 8