Chapter 13.14
REGULATIONS FOR THE CONTROL OF BACKFLOW AND CROSS-CONNECTIONS TO THE CITY’S WATER SYSTEM

Sections:

13.14.010    Authority.

13.14.020    Findings and purpose.

13.14.030    Definitions.

13.14.040    Determination of need for backflow prevention.

13.14.050    Water system.

13.14.060    Backflow prevention assembly requirement.

13.14.070    Type of backflow prevention assembly required.

13.14.080    Backflow prevention assembly required for specific uses.

13.14.090    Backflow prevention assemblies required for fire protection systems.

13.14.100    Application to install a backflow prevention assembly.

13.14.110    Installation of an approved backflow prevention assembly.

13.14.120    Approval of backflow prevention assemblies.

13.14.130    Inspection and testing of backflow prevention assemblies.

13.14.140    Qualification and certification of an individual to inspect and maintain a backflow prevention assembly.

13.14.150    Conditions for terminating water service.

13.14.160    Procedure for terminating water service.

13.14.170    Penalties for noncompliance.

13.14.010 Authority.

Under the terms of the city’s water supply permit issued by the California Department of Public Health, the city is required to comply with Title 17 of the California Code of Regulations (“CCR Title 17”) and California Health and Safety Code Section 4017 regarding cross-connection control. The state regulations imposed by the Department of Public Health are necessary to ensure that the city’s water supply is protected from harmful contaminants and pollutants resulting from backflow. [Ord. 11-1354 § 5, 2011; Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.020 Findings and purpose.

The purposes of this chapter are:

A. To protect the city’s municipal water system from contaminants or pollutants by isolating sources of contaminants or pollutants within a customer’s internal water distribution system which could backflow or back-siphon into the city’s water system;

B. To eliminate and control cross-connections that exist between a customer’s potable water system and nonpotable water systems; and

C. To evaluate and reduce the following potential hazards to the city’s potable water supply:

1. Health hazard: any actual or potential threat of contamination of a physical or toxic nature to the city’s water system or the consumer’s potable water system that would create or, in the judgement of the director, may create a danger to health;

2. Plumbing hazard: any internal or plumbing type of cross-connection in a customer’s potable water system that may be either a pollutant or contamination-type hazard. The term “plumbing hazard” includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems. Plumbing-type cross-connections may be located in many types of structures, including homes, apartment houses, hotels and commercial and industrial establishments. An appropriate type of cross-connection control assembly, if permitted, must properly protect such a connection;

3. Pollution hazard: any actual or potential threat to the physical properties of the water system or to the potability of the city’s or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined;

4. System hazard: any actual or potential threat of severe damage to the physical properties of the city’s water system or the consumer’s potable water system or of a pollutant or contaminant that may have a protractive effect on the quality of the potable water in the system;

5. Industrial fluids system hazard: any fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as to constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply. This type of contamination includes but is not limited to polluted waters; all types of process waters and used waters; chemicals in fluid form; plating acids and alkalies; circulated cooling tower waters (open or closed) that may be chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as from wells, springs, streams, rivers, harbors or irrigation canals; oils; gases; glycerine; caustic and acidic solutions; and all other solutions which may be used for industrial or fire-fighting purposes;

D. The city council finds that adoption of the ordinance codified in this chapter is necessary to ensure renewal of the city’s water supply permit and to protect the public health, safety and general welfare. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.030 Definitions.

In this chapter, unless the context requires otherwise:

“Air gap separation (AG)” means the physical separation between the free-flowing discharge end of a potable water supply pipeline and an open or nonpressurized receiving vessel.

An “approved air gap separation” shall be at least double the inside diameter of the supply pipe measured vertically above the top rim of the vessel, but shall in no case be less than one inch.

“Approved backflow prevention assembly” means an assembly approved by the director of public works that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled “AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Assemblies,” and that has completely met the laboratory and field performance specifications of the Foundation of Cross-Connection Control and Hydraulic Research (FCCCHR) of the University of Southern California, established in the “Specifications of Backflow Prevention Assemblies.”

“Approved potable water supply” means water from any source that has been investigated by the health agency and approved for human consumption.

“Approved testing laboratory” means the FCCCHR of the University of Southern California; or the director approves another independent laboratory having equivalent facilities for both laboratory and field evaluation of backflow prevention assemblies.

“Approved water supply” means the source, well or plant whose potability is regulated and monitored by the health agency. This supply includes all sources, wells, pumps, tanks, equipment and appurtenances used to produce, treat or store water for public consumption or use.

“Auxiliary water supply” means any water supply on or available to the premises other than the city’s water supply. Auxiliary waters may include water from another purveyor’s potable water system or any natural source(s), e.g., a well, spring, river, harbor, irrigation canal, pipeline; used water; or industrial fluids. These waters may be contaminated, polluted, and objectionable or constitute an unacceptable water source over which the city does not have sanitary control.

“AWWA” means the American Water Works Association.

“Backflow” means the undesirable reversal of the flow of water, liquids, gases, mixtures or other substances into or towards the city’s water system from any source other than the city’s water system.

“Backflow prevention assembly” means an assembly or means used to prevent backflow or back-siphonage into a potable water system.

“Backpressure” means a form of backflow that occurs when any elevation of pressure in the downstream piping system (by pump, elevation of piping, steam and/or air pressure) above the supply pressure at the point of consideration would cause or tend to cause a reversal of the normal flow.

“Back-siphonage” means the form of backflow due to a reduction in system pressure that causes a negative or subatmospheric pressure to exist at a site in the water system.

“CCR Title 17” means the California Code of Regulations, Administrative Code, Title 17, Public Health, which requires the establishment of a cross-connection control and backflow prevention program.

“City” means the city of Pittsburg.

“City’s water system” means the city-owned water mains operated as a public utility to furnish water for domestic purposes. The system includes all facilities and appurtenances between the approved water supply and the point of service such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to convey water for public consumption or use.

“Contaminant” or “contamination” means an impairment or degradation of the quality of water by the introduction of sewage, industrial fluid, used water, foreign material or auxiliary water from an unapproved source to a degree that creates an actual hazard to the public health through poisoning, the spread of disease or which may impair the usefulness or quality of the water.

“Control by containment cross-connection” means the installation of an approved backflow prevention assembly at the water service connection to any customer’s premises, where it is physically and economically impracticable to find and permanently eliminate or control all actual or potential cross-connections within the customer’s water system. It shall also mean the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a customer’s water system where there are actual or potential cross-connections that cannot be effectively eliminated or controlled at the point of the cross-connection.

“Controlled cross-connection” means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.

“Cross-connection” means any unprotected actual or potential connection or structural arrangement between the city’s or a consumer’s potable water system and any other source, supply or system through which it is possible to introduce into any part of the public potable system any used water, industrial fluid(s), gases, liquids, materials or substances other than the intended potable water. A bypass arrangement, jumper connection, removable section, swivel or change-over assembly and any other temporary or permanent assembly through which, or because of which, backflow can or may occur shall be considered a cross-connection.

“Customer,” “consumer” or “user” means the owner or operator of a private water system served by the city’s water system.

“Customer’s potable water system” means that portion of the privately owned potable water system lying between the point of service and the point of use, including all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, store or use potable water.

“Customer’s water system” means any water system located on the consumer’s premises, whether supplied by the city’s water system or an auxiliary water supply. The customer’s water system may be either a potable water system or an industrial piping system.

“Degree of hazard” means the hazard derived from an evaluation of the conditions within a system that may be classified as either a pollution (nonhealth) or contamination (health) hazard.

“Designate” means a public works employee with a current certificate in cross-connection control and who meets all of the requirements set forth in CCR Title 17.

“Director” means the director of the public works department and the city engineer.

“Double check – detector check (DCDC) valve assembly” means a specifically designed assembly composed of two independently operating, approved check valves installed as a unit between two tightly closing, resilient-seated shut-off valves and fittings with properly located test cocks for testing each check valve, along with a specific bypass water meter in series with a double check valve (DCV). The meter shall register accurately for only very low rates of flow in cubic feet and shall show a registration for all rates of flow.

“Double check valve (DCV) assembly” means an assembly composed of two independently operating, approved check valves, including tightly closing shut-off valves attached on each end of the assembly and fitted with properly located test cocks for testing that each check valve is watertight. DCV assemblies shall be installed to protect against a nonhealth hazard (e.g., a pollutant).

“Fire marshal” means that member of the fire department designated by the fire chief under Section 2.104 of the most recent edition of the Uniform Fire Code.

“Foundation” means the Foundation for Cross-Connection Control and Hydraulic Research (FCCCHR).

“Hazardous substances” means any hazardous waste or hazardous substance as defined in any federal or state law or local ordinance, rule or regulation including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Title 42 United States Code Section 9601, et seq.); the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300, et seq.); and the Hazardous Waste Control Law (California Health and Safety Code Section 25100, et seq.). Hazardous substances shall also include asbestos or asbestos-containing materials, radon gas, and petroleum or petroleum fractions, whether or not defined as a hazardous substance in any such statute, ordinance, rule or regulation.

“Health agency” means either the state of California Department of Health Services or the Contra Costa County department of health services.

“Hospital” means any institution, place, building or agency that maintains and operates facilities for one or more persons for the diagnosis, care and treatment of human illness, including convalescence and care during and after pregnancy or which maintains and operates organized facilities for any such purposes, and to which persons may be admitted for overnight stay or longer.

“Industrial fluids” means any fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as to constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply. Industrial fluids include, but are not limited to, polluted or contaminated waters; all types of process waters and used waters; chemicals in fluid form; plating acids and alkalis; circulating cooling tower waters (open or closed) that may be chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as from wells, springs, streams, rivers, harbors or irrigation canals; oils; gases; glycerin; caustic and acid solutions; and all other liquids and gaseous fluids and solutions that are intended for industrial or fire-fighting purposes.

“Objectionable substance” means a substance introduced into the city’s water supply that may not necessarily pose a threat to public health, but adversely affects the taste, appearance or other aesthetic qualities of the potable water supply.

“Point of service” means the terminal end of the city’s water system where the city loses jurisdiction and sanitary control over the water at its point of delivery to the consumer’s water system. In general, the point of service is the downstream side of the service connection or the municipal shut-off valve.

“Pollutant” or “pollution” means any foreign substance (organic, inorganic or biological) present in water that tends to degrade its quality so as to constitute a nonhealth hazard or may impair the usefulness or quality of the water to a degree that does not create an actual hazard to the public health but which adversely and unreasonably affects such waters for domestic use.

“Premises” means any and all areas on a customer’s property which are served or have the potential to be served by the city’s water system.

“Public works” means the department in charge of the city’s municipal potable water operations.

“Reduced pressure principle (RPP) assembly” means an assembly containing two independently operating approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located test cocks and tightly closing, resilient-seated shut-off valves at each end of the assembly. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the assembly. At cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the assembly. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere.

“Service connection” means the city’s water pipe and appurtenances from the city’s water main to the service connection; in particular, the point where the water purveyor loses jurisdiction and sanitary control over the water and its point of delivery to the customer’s water system. If a meter is installed at the end of the service connection, then “service connection” shall mean the downstream end of the meter. There shall be no unprotected take-offs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer’s water system. The term “service connection” shall also include a water service connection from a fire hydrant and all other temporary or emergency water service connections from the city’s potable water system.

“Unapproved water supply” means any water that has not been approved for human consumption by a health agency.

“Used water” means any water that has been supplied by the city from the public potable water system to a customer’s water system, but which has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.

“Water purveyor” means the city of Pittsburg. [Ord. 11-1354 § 6, 2011; Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.040 Determination of need for backflow prevention.

A. The director shall be responsible for protecting the city’s water system from contamination or pollution due to backflow or back-siphonage of contaminates or pollutants through the water service connection. If, in the sole judgment of the director, an approved backflow prevention assembly is required at the point where the city’s water service connects to a customer’s premises for the health and safety of the water system, the director or the director’s agent shall give notice to the customer directing the customer to install an approved backflow prevention assembly at each service connection. Such notice shall be in writing and shall specify a reasonable time frame, as deemed appropriate by the director, for compliance. The city shall not be responsible for the abatement of cross-connections which may exist within a user’s premises.

B. The customer shall install an approved backflow prevention assembly at the customer’s own expense within the time frame specified in the written notice. The customer’s failure, refusal or inability to install such assembly shall constitute grounds for the city to discontinue water service to the premises until the appropriate assembly has been properly installed, as required by this chapter. Prior to discontinuing water service, the city shall follow the procedures set forth in PMC 13.14.160 and any other applicable law. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.050 Water system.

A. The city’s water system includes all of the source and distribution facilities which are under the complete control of the city from the source of the water supply up to the point where the customer’s water system begins. The city’s water system ends at the point where the customer’s water system begins. A source includes all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system. The distribution system includes the network of conduits used for the delivery of water from the source to the customer’s system.

B. The customer’s water system includes those parts of the facilities beyond the point where the city’s water system ends that are utilized in conveying city-delivered potable water to a point of use. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.060 Backflow prevention assembly requirement.

A. No water service connection to any premises shall be installed or maintained by the city’s public works department unless the water supply is protected as required by state law and this chapter. Service of water to any premises shall be discontinued by the director if:

1. A backflow prevention assembly required by state law or this chapter is not installed, tested or maintained;

2. It is found that a backflow prevention assembly has been removed or bypassed; or

3. An unprotected cross-connection exists on the premises.

Service shall not be restored until the customer is in full compliance with this chapter.

B. The customer’s premises and water system shall be open for survey and inspection at all reasonable times to an authorized representative of the following city departments: public works, building and planning, code enforcement and the city manager’s office, to determine whether cross-connections or violations of this chapter exist. When such a violation or condition becomes known, the director shall deny or immediately discontinue service to the customer’s premises by providing a physical break in the service line until the customer has corrected condition(s) in conformance with state and city regulations adopted pursuant thereto.

C. An approved backflow prevention assembly shall be installed and maintained on each service line to a customer’s water system at or near the property line or immediately outside the building being served, and shall be installed before the first branch line leading off of the service line. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.070 Type of backflow prevention assembly required.

A. The type of backflow prevention that shall be required to prevent backflow into the city’s water system shall be commensurate with the degree of hazard that exists on the consumer’s premises. The type of approved backflow prevention assembly that may be required (listed in increasing levels of protection) includes: an approved double check valve (DCV) assembly, an approved double check – detector check (DCDC) valve assembly, an approved reduced pressure principle (RPP) assembly, or an approved air gap separation (AG).

B. The customer may install a higher level of backflow protection than is required by this chapter. Uses not covered by this chapter shall be evaluated on a case-by-case basis and the director shall have sole discretion to determine which type of backflow prevention assembly shall be required.

C. Where a premises has an auxiliary water supply that is not otherwise subject to the provisions of this chapter, the city’s water system shall be protected against backflow by an approved air gap (AG) separation or by installation and maintenance of an approved reduced pressure principle (RPP) backflow prevention assembly.

D. Where a premises has any water or substance(s) that would be considered objectionable, but not hazardous, to public health if introduced into the water system, the city’s water system shall be protected by installation and maintenance of an approved double check valve (DCV) assembly.

E. Where a premises has any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the city’s water system (e.g., sewage treatment plants, sewage pumping stations, plating plants, chemical plants, hospitals, and mortuaries), the city’s water system shall be protected by an approved air gap (AG) separation or by installation and maintenance of an approved reduced pressure principle (RPP) backflow prevention assembly.

F. In the case of any premises where there is an uncontrolled cross-connection, either actual or potential, the city’s water system shall be protected by an approved air gap (AG) separation or by installation and maintenance of an approved reduced pressure principle (RPP) backflow prevention assembly at the service connection.

G. In the case of a premises with security requirements or other restrictions that make it impossible or impracticable to conduct a complete on-site cross-connection survey, the city’s water system shall be protected against backflow by the installation and maintenance of either an air gap (AG) separation or reduced pressure principle (RPP) backflow prevention assembly at each service connection to the premises.

H. Where a premises has any internal cross-connection that cannot be permanently corrected and controlled, intricate plumbing and piping arrangements, or where all portions of the premises are not readily accessible for inspection purposes, and it is impracticable or impossible to ascertain whether or not a dangerous cross-connection exists, the city’s water system shall be protected against backflow by the installation and maintenance of an approved air gap (AG) separation or reduced pressure principle (RPP) backflow prevention assembly at each service connection to the premises. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.080 Backflow prevention assembly required for specific uses.

The following facilities and uses shall be required to install and maintain the minimum approved backflow prevention assembly type indicated below in parentheses:

1. Aircraft, automotive, rail transit or missile plant (RPP);

2. Animal clinic, animal grooming shop and animal boarding facility (RPP);

3. Apartment or office complex with a pond, lake or fountain (RPP);

4. Automobile repair shop with steam cleaner, acid cleaning or solvent equipment (RPP);

5. Auxiliary water system with no known cross-connection (RPP);

6. Auxiliary water system or a source with a known cross-connection (e.g., a well, river, harbor, irrigation canal) (RPP);

7. Autopsy facility (RPP);

8. Bottling plant (beverage or chemical) (RPP);

9. Brewery (RPP);

10. Buildings:

a. Hotel, apartment house, public and private building or other structure, where a sewage pump has been installed (RPP);

b. Any nonresidential structure in which the specific business activity cannot be ascertained by the director or his designee (RPP);

c. A multi-storied (three stories and higher) building that uses booster pumps or elevated storage tanks to distribute potable water within the premises (RPP);

d. Any building that exceeds 40 feet in height as measured from the service connection to the highest water outlet (RPP);

11. Cannery, packing house or reduction plant (RPP);

12. Chemical facility – Any premises served from the city’s water system where there is a facility requiring the use of water in the industrial process of manufacturing, sorting, compounding or processing chemicals. This use includes facilities where chemicals are used as additives to the water supply or in the processing of products (RPP);

13. Chemically contaminated water systems – Any premises served from the city’s water system, where chemicals are used as additives to the water supply, where the water supply is used for the transmission or distribution of chemicals, or where chemicals are used with water in the compounding or processing of products (RPP);

14. Church, with or without baptismal font (RPP);

15. Clinic – Dialysis or medical (RPP);

16. Cold storage plant (RPP);

17. Commercial meat cutting, packaging or rendering plant (RPP);

18. Concrete plant (RPP);

19. Convalescent home, nursing home, residential care, hospice and sanitarium (RPP);

20. Dairy and dairy processing facility (RPP);

21. Dental office (RPP);

22. Dock and portside facility, including pier hydrants, fisheries, fish hatcheries, and fish/shellfish processing facilities (RPP);

23. Dry cleaner and dye works (RPP);

24. Film processing or manufacturing facility (RPP);

25. Food processing facility using nontoxic materials (RPP);

26. Food processing facility using toxic materials (RPP);

27. Hospital (RPP);

28. Ice manufacturing plant (RPP);

29. Irrigation system:

a. Premises where facilities have been installed for pumping, injecting, or spreading fertilizers, pesticides or other hazardous substances (RPP);

b. Premises having a separate service connection for irrigation purposes (RPP);

30. Laboratory – Including but not limited to teaching institution, experimental, diagnostic, biological or analytical (RPP);

31. Landscaping with elevated areas or drip irrigation except for landscaping of a single-family dwelling (RPP);

32. Laundry – Commercial (Standard Industrial Code Classification 7218) (RPP);

33. Machine shop (RPP);

34. Marina and boat repair (RPP);

35. Medical office (RPP);

36. Metal manufacturing, processing, stripping and fabrication facility (RPP);

37. Mobile home park or recreational vehicle camp (RPP);

38. Mortuary and morgue (RPP);

39. Multiple services, including two or more interconnected services provided by one or more water purveyors to a single consumer complex. Minimum backflow protection required at each service connection (RPP);

40. Office or shopping center with lease space (RPP);

41. Painting shop using water in any process (RPP);

42. Paper processing and production facility (RPP);

43. Pest control business (AG, RPP);

44. Petroleum and gas bulk production, transmission, and storage facility (RPP);

45. Plastic and fiberglass manufacturing, extruding and injection molding facility (RPP);

46. Plating works (RPP);

47. Portable spray or cleaning tank that may be connected to the city’s water system (AG, RPP);

48. Radioactive materials or substances – Plant or facility that processes, handles or stores radioactive material or substance (RPP);

49. Radiator shop – Repair or back flushing (RPP);

50. Reclaimed water distribution systems:

a. Any premises where the city’s water system is used to supplement the reclaimed water system (AG);

b. Any premises where reclaimed water is used and there is no interconnection with the potable water system (RPP);

51. Restaurant or building with commercial kitchen (RPP);

52. Restricted, classified or other closed facility (RPP);

53. Rubber manufacturing plant – Natural or synthetic (RPP);

54. Sand or gravel plant (RPP);

55. School, college, and university with kitchen, chemistry lab, boiler, and/or irrigation system (RPP);

56. Sewage and stormwater pumping facility (AG);

57. Solar heating systems:

a. Solar collector system which contains any hazardous substance and where there is a direct make-up connection to the city’s water system (RPP);

b. Protection of the city’s water system is not required for “once through” solar heating systems including but not limited to domestic hot water systems;

58. Tank truck filling from fire hydrant (AG, RPP);

59. Vehicle washing facility (RPP);

60. Veterinary clinic and animal shelter (RPP).

The category of uses and facilities designated above are adopted from the model ordinance. Nothing in this section authorizes a use or facility in the city which is otherwise prohibited under PMC Title 18. [Ord. 11-1354 § 7, 2011; Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.090 Backflow prevention assemblies required for fire protection systems.

The following subsections describe six classes of fire protection systems and specify the minimal backflow prevention assembly required for connection of the fire protection systems to the city’s water system. The director may require an additional backflow prevention assembly to prevent contamination of the city’s water system.

A. A Class I system is directly connected only to the city’s public water mains. All sprinkler drains discharge to the atmosphere, dry wells or other safe outlets. A Class I system has no physical connection to other water supplies and contains no antifreeze or other additives. No backflow prevention assembly shall be required for connection of a Class I system to the city’s water system unless special conditions exist as determined by the director and the fire marshal.

B. A Class II system is the same as a Class I system, except that a booster pump may be installed in the service line from the street main. No backflow prevention assembly shall be required for connection of a Class II system to the city’s water system unless special conditions exist as determined by the director and the fire marshal.

C. A Class III system is directly connected to the city’s main water supply and includes one or more of the following features: (1) an elevated storage tank; (2) a fire pump taking suction from an aboveground reservoir or tank; and (3) a pressure tank. All storage facilities may only be filled by or connected to the city’s water supply and water in the facilities must be maintained in a potable condition.

An approved DCDC backflow prevention assembly shall be required for connection of a Class III system to the city’s water system between the post-indicator valve and the on-site fire system. The DCDC shall be installed aboveground to allow a minimum of 18 inches of clearance around the valve.

D. A Class IV system is directly supplied from the city’s main water supply in the same manner as a Class I or Class II system. In addition, a Class IV system includes an unapproved auxiliary water supply on or available to the premises, or an auxiliary supply located within 1,500 feet of a pumper connection. An RPP backflow prevention assembly shall be installed for connection of a Class IV system to the city’s water system. The RPP shall be installed aboveground as closely as possible to the city’s water system.

E. A Class V system is directly supplied from the city’s main water system and is interconnected with an unapproved auxiliary water supply from a harbor, river, pond, well or other water supply where industrial fluids, additives, antifreeze and other contaminants or pollutants may be used. An RPP backflow prevention assembly shall be required for connection of a Class V system to the city’s water system. The RPP shall be installed aboveground as closely as possible to the city’s water system.

F. A Class VI system contains combined industrial and fire protection systems supplied from the city’s water mains, with or without gravity storage or pump suction tanks. The public works director and fire marshal shall determine the appropriate backflow prevention assembly required for connection of a Class VI system to the city’s water system after they have made a complete survey of the premises for fire protection requirements. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.100 Application to install a backflow prevention assembly.

Prior to the installation of any backflow prevention assembly between the city’s water system and the owner’s facility, the owner shall apply for and receive the necessary plumbing and encroachment permits from the building and planning department. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.110 Installation of an approved backflow prevention assembly.

A. The installation of all backflow and cross-connection prevention devices shall be in accordance with the city’s standard details, as adopted by city council resolution, and all provisions of this chapter.

B. An approved air gap separation assembly (AG) shall be installed as follows:

1. The AG shall be located on the water customer’s side of and as close to the point of service as is practicable.

2. All piping from the point of service or the meter to the receiving tank shall be above grade and visible. Unless otherwise approved by the director, the director’s designate, or the health agency, the receiving tank shall be located on the customer’s side no further than five feet from the point of service or the meter.

3. There shall be no outlet, tee, tap, take-off or connection of any sort, to or from the service connection or the customer’s water system, between the city’s water main and the AG.

C. An approved reduced pressure principle (RPP) assembly shall be installed as follows:

1. Aboveground in a horizontal and level position. Unless otherwise approved by the director, the director’s designate or the health agency, the RPP shall be located on the customer’s side no further than five feet from the point of service or the meter.

2. A minimum of 12 inches above finished grade but not more than 36 inches above finished grade as measured from the bottom of the RPP. The RPP shall be readily accessible for maintenance and testing.

3. There shall be no outlet, tee, tap, take-off or connection of any sort, to or from the service connection or the customer’s water system, between the city’s water main and the RPP.

4. No part of the RPP shall be submerged during normal operation and weather conditions.

D. An approved double check valve (DCV) assembly shall be installed as follows:

1. Unless otherwise approved by the director, director’s designate or the health agency, the DCV shall be installed aboveground, in a horizontal and level position and shall be located on the customer’s side no further than five feet from the point of service or the meter.

2. Unless otherwise approved by the director, the director’s designate or the health agency, the DCV shall be installed a minimum of 12 inches above finished grade and not more than 36 inches above finished grade as measured from the bottom of the DCV. The DCV shall be readily accessible for maintenance and testing.

E. An approved double check – detector check (DCDC) valve assembly shall be installed as follows:

1. Unless otherwise approved by the director, the director’s designate or the health agency, the DCDC shall be installed aboveground, in a horizontal and level position and shall be located on the customer’s side no further than five feet from the point of service or the meter.

2. Unless otherwise approved by the director, the director’s designate or the health agency, the DCDC shall be installed a minimum of 12 inches above finished grade but not more than 36 inches above finished grade as measured from the bottom of the DCDC. The DCDC shall be readily accessible for maintenance and testing.

3. There shall be no outlet, tee, tap, take-off or connection of any sort, to or from the service connection or the customer’s water system, between the city’s water main and the DCDC.

F. An approved backflow assembly shall have at least the same size diameter as the existing or proposed water meter unless otherwise approved in writing by the director.

G. Upon installation, the backflow prevention assembly shall be tested by certified personnel of the city’s public works department. Such testing shall be at the customer’s expense and as set by city council resolution. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.120 Approval of backflow prevention assemblies.

All backflow prevention assemblies, whether installed by the city or the customer, shall be assemblies of a model and size approved by the director. Final approval of any assembly proposed for installation under the terms of this chapter shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with AWWA standards and FCCCHR specifications. The following testing laboratory has been qualified by the director to test and certify backflow prevention assemblies:

Foundation for Cross-Connection Control and Hydraulic Research

University of Southern California

University Park

Los Angeles, CA 90089

Backflow prevention assemblies that may be subject to backpressure or back-siphonage that have been fully tested and granted a certificate of approval by said qualified laboratory and are listed on the laboratory’s current list of approved backflow prevention assemblies may be used without further pretesting or qualification. Testing laboratories other than the laboratory listed above will be added to an approved list as they are deemed qualified by the director. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.130 Inspection and testing of backflow prevention assemblies.

A. The director shall have a certified inspection and operational test performed after installation of the approved backflow prevention assembly. Each backflow prevention assembly installed on the premises of a customer shall be inspected and tested at least once per year. In those instances where the director deems the hazard to be great enough, the director may require inspection and testing at a more frequent interval.

B. The inspection and testing shall be at the customer’s expense and shall be in the amount established by city council resolution. Fees paid to the city for this service shall not exceed the reasonable cost for providing the inspection and testing service. Inspection and testing shall be performed by certified personnel of the city’s public works department.

C. The purchase, installation, maintenance and/or replacement of an approved backflow prevention assembly shall be the sole responsibility of the customer.

D. The customer shall be notified in advance of the date when the test(s) are to be performed so that the customer or the customer’s representative may be present during the inspection and testing. Any backflow prevention assembly found to be defective shall be repaired or replaced at the customer’s expense.

E. Records of installation, tests, repairs and overhauls shall be kept by the public works department and be available for five years for review and audit by the health agency. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.140 Qualification and certification of an individual to inspect and maintain a backflow prevention assembly.

A. A person shall not be qualified to maintain and inspect a backflow prevention assembly unless the person’s qualifications have been established to the director’s satisfaction. The director shall have the authority to prescribe training and conduct examinations to determine whether a person is qualified. At a minimum, a person seeking to maintain and inspect a backflow prevention assembly shall hold a valid AWWA certificate.

B. Each person qualified to perform maintenance, testing and inspection services for the city shall be issued an appropriate identification card from the director. The identification card shall be kept in each qualified person’s immediate possession at all times during inspection, testing or maintenance of any backflow prevention assembly within the city.

C. Every person receiving an AWWA certificate under this chapter shall be required to renew said certificate every two years.

D. Every person receiving an AWWA certificate under this chapter shall be responsible for the competency and accuracy of all inspections, testing and maintenance performed by said person on any backflow prevention assembly. Any person holding a valid AWWA certificate who violates or fails to comply with any of the provisions of this chapter or who willingly falsifies inspection, testing or maintenance reports shall have his or her certificate immediately revoked and shall not be eligible for recertification. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.150 Conditions for terminating water service.

If the director finds that a customer’s system poses a clear and immediate hazard to the city’s water system and the hazardous condition cannot be immediately abated, the director may authorize the public works department to initiate the procedure for terminating a customer’s water service. The conditions that create a basis for terminating service shall include, but not be limited to, the following:

A. The presence of a direct or indirect connection between a potable water system and a sewer system;

B. The presence of an unprotected direct or indirect connection between a potable water system and a system or equipment containing toxic chemicals or sewage;

C. The presence of an unprotected direct or indirect connection between a potable water system and an auxiliary water system;

D. The presence of an unprotected connection between a potable water system and a nonpotable nonpressure system;

E. The refusal to install an approved backflow prevention assembly within the time frame specified by the director;

F. The refusal to test a backflow prevention assembly within the time frame specified by the director;

G. The refusal to repair or replace a faulty backflow prevention assembly;

H. The refusal to correct a violation; or

I. Any other situation which presents an immediate health and safety hazard to the city’s water system. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.160 Procedure for terminating water service.

Where it is necessary to terminate a customer’s water service, as provided in PMC 13.14.150, the director shall take the steps indicated below depending upon the degree of hazard to public health.

A. If in the director’s judgement the condition poses an immediate public health hazard, the director or the director’s designate shall:

1. Attempt to verbally notify the customer;

2. Immediately discontinue the customer’s service;

3. Immediately notify the state and county health departments of the public health hazard; and

4. Send a certified letter to the customer specifying the corrections to be taken prior to service being restored.

B. If the customer refuses to comply with the terms and conditions of this chapter and the condition does not create an immediate public health hazard, the director or the director’s designate shall:

1. Send a certified letter to the customer specifying the corrective action needed, the time period by which it must be completed and the director’s intention to terminate service if the customer fails to comply;

2. Attempt to verbally notify the customer 24 hours prior to terminating water service; and

3. Upon termination, notify the state and county health departments.

C. If the customer is unable to comply with the terms and conditions required under this chapter, the customer may request a hearing with the city manager or his designated representative. The city manager or his representative shall afford the customer an opportunity to be heard, either in writing or orally, as to why the customer’s water service should not be disconnected. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]

13.14.170 Penalties for noncompliance.

A. No person shall violate a provision of this chapter or fail to comply with a requirement of this chapter. A person who violates a provision of this chapter or fails to comply with a mandatory requirement of this chapter is guilty of an infraction unless the violation is stated to be a misdemeanor.

B. An offense which would otherwise be an infraction is a misdemeanor if a person has been convicted of two or more violations of the same offense within the 12-month period preceding the commission of the offense.

C. Under Government Code Section 36900, the penalty by fine for an infraction or misdemeanor shall be as stated in Chapter 1.12 PMC.

D. The remedies provided under this chapter are cumulative, not exclusive.

The category of uses and facilities designated above are adopted from the model ordinance. Nothing in this section authorizes a use or facility in the city which is otherwise prohibited under PMC Title 18. [Ord. 08-1308 § 3, 2008; Ord. 1094 § 1, 1995.]