Chapter 13.14
CROSS-CONNECTION CONTROL

Sections:

13.14.010    Title.

13.14.020    Purpose and intent.

13.14.030    Definitions.

13.14.040    Policies.

13.14.050    Responsibility.

13.14.060    Open for inspections.

13.14.070    Requirements.

13.14.080    Type of protection required.

13.14.090    Approved backflow prevention devices.

13.14.100    Certification of backflow prevention assemblies.

13.14.110    Penalties and liability for damages.

13.14.120    Consumer protest.

13.14.130    Certification of backflow testers.

13.14.140    Fire protection systems.

13.14.150    Retrofitting fire protection systems with backflow prevention devices.

13.14.160    Maintenance, testing, and seismic failures.

13.14.170    Location of equipment.

13.14.180    Appeal.

13.14.010 Title.

This chapter shall be known as the “cross-connection control ordinance.” (Ord. 597 § 2, 2004)

13.14.020 Purpose and intent.

A. This chapter is adopted pursuant to Title 17, Chapter V, Section 7583 through Section 7605, inclusive of the California Code of Administrative Regulations entitled, “Regulations Relating to Cross-Connections,” which sets forth rules and regulations governing cross-connections.

B. The City Council declares this chapter is adopted for the following purposes:

1. To protect the public potable water supply of the City of Poway from the possibility of contamination or pollution from a consumer’s internal water system;

2. To promote the elimination or control of existing cross-connections, actual or potential, between a consumer’s potable water system and that consumer’s nonpotable water system, plumbing fixtures and/or industrial piping systems;

3. To provide for a continuing program of cross-connection control which systematically and effectively prevents the contamination or pollution of all potable water systems. (Ord. 597 § 2, 2004)

13.14.030 Definitions.

The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter, whether or not these words or phrases are capitalized:

“Administrative authority” means the individual official, board, department, or agency established and authorized by a state, county, city, or other political subdivision created by law to administer and enforce the provisions of a cross-connection control program.

“Air-gap separation” means a physical separation between a water supply pipe and a container to receive the water where the vertical separation is at least double the diameter of the supply pipe, as measured vertically above the flood rim of the receiving container. In no case shall the separation be less than one inch.

“Approved” used in reference to an air-gap, double check valve assembly, reduced-pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean an approval by the City of Poway Public Works Department.

“Auxiliary water supply” means any unapproved water supply located on the premises of a water user that is not received from the public potable water system. Examples are wells, ponds, lakes, streams, rivers, and untreated water reservoirs.

“Backflow” means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source other than an approved water supply source. Back-siphonage is one cause of backflow; backpressure is the other cause.

“Backflow prevention assembly” means an air-gap or a plumbing device that is intended to prevent the backflow of liquids or gases into the public water system.

“Backpressure” means 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.

“Back-siphonage” means the flow of water (or other liquids, mixtures, or substances) into the public water distribution system from any source other than its intended source, caused by a sudden reduction of pressure in the public water distribution system.

“Certified backflow prevention assembly tester” means a person who is certified by the American Water Works Association (AWWA) or American Backflow Prevention Association (ABPA) and has proven ability to the satisfaction of the City of Poway and the San Diego County Department of Environmental Health (DEH).

“City” means the City of Poway.

“Class 1 fire protection system” means a fire prevention system that is only supplied by a direct connection to the public water system’s water main and contains no pumps or reservoirs, antifreeze or additives of any kind, and where all sprinkler drains discharge to the atmosphere.

“Class 2 fire protection system” means a fire prevention system that is identical to a Class 1 system with the exception that booster pumps may be installed in the service line from the public water system main.

“Class 3 fire protection system” means a fire prevention system that is only supplied by a direct connection to the public water system’s water main and includes on-site storage facilities or pressure tanks.

“Class 4 fire protection system” means a fire prevention system that is identical to a Class 1 or Class 2 system with the exception that there is an auxiliary water supply located on the premises.

“Class 5 fire protection system” means a fire prevention system that is only supplied by a direct connection to the public water system’s main and is also interconnected to an auxiliary water supply.

“Class 6 fire protection system” means a fire prevention system that is only supplied by a direct connection to the public water system’s main and is also interconnected to any unapproved water supply.

“Consumer” means the owner or operator of an on-site water system(s) receiving service from the City of Poway’s public potable water system.

“Contamination” or “contaminant” means an impairment of the quality of the water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.

“Cross-connection” means any unprotected, actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable water system any contaminant, used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can occur, are considered to be cross-connections.

“Cross-connection control by containment” means the installation of an approved backflow prevention device in any customer system at the water service connection.

“Cross-connection control specialist” means a person who has been certified as a cross-connection control specialist by the AWWA.

“Degree of hazard” means either pollutant (nonhealth) or contaminant (health) hazard and is derived from the evaluation of conditions within the system.

“Director of Public Works” means the Director of Public Works or designee charged with authority to enforce this chapter. The Director of Public Works has sole discretion in relation to the termination of water service as relates to this chapter.

“Double check detector backflow prevention assembly (DCDA)” means a specially designed assembly composed of a line-size approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute (GPM) and shall show a registration for all rates of flow. This assembly shall only be used to protect against a nonhealth hazard (i.e., pollutant). The DCDA is primarily used on fire sprinkler systems.

“Double check valve backflow prevention assembly (DC)” means an assembly composed of two independently acting, approved check valves that include tightly closing, resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly shall only be used against a nonhealth hazard (i.e., pollutant).

“Health agency” means the California State Department of Health Services (DHS) or the San Diego County Department of Environmental Health (DEH).

“Metered service connection” means the terminal end of a service connection from the City system (i.e., where the City loses control over the water at its point of delivery to the customer system), being the downstream end of the meter. Service connections include metered water service connections from a fire hydrant and all other temporary or emergency water service connections from the City systems.

“Nonpotable water” means water that is not safe for human consumption.

“Pollution” or “pollutant” means an impairment of the quality of the water to a degree that does not create a hazard to the public health, but that does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

“Potable water” means any water which, according to recognized standards, is safe for human consumption.

“Reduced-pressure principle backflow prevention assembly” means an assembly containing two independently acting, 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 resilient seated test cocks and tightly closing resilient seated shut-off valves at each end of the assembly. This assembly is used to protect against a nonhealth (pollutant) or a health (contaminant) hazard.

“Reduced-pressure principle detector backflow prevention assembly (RPDA)” means a specially designed assembly composed of a line-size approved reduced-pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced-pressure principle backflow prevention assembly. The meter shall register for only very low rates of flow up to three GPM and shall show a registration for all rates of flow. This assembly shall be used to protect against a nonhealth (pollutant) or a health (contaminant) hazard. The RPDA is primarily used on fire sprinkler systems.

“Service connection” means the terminal end of a service connection from the public potable water system (i.e., where the water purveyor may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system). If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.

“Service protection” means the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer’s potable water system.

“Site supervisor” means a person designated by a water user who has the responsibility for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and related equipment.

“Water purveyor” means the City of Poway as operator of the public water system supplying an approved water supply to the public.

“Water user” means any person authorized by the water purveyor to receive water from the public water system. (Ord. 597 § 2, 2004)

13.14.040 Policies.

A. The City of Poway may require an approved backflow prevention device at any metered water service connection to assure that no contaminants or pollutants enter the public water system. The consumer shall install such approved device or devices at the consumer’s own expense. The City shall give a 30-day notice in writing to the affected consumer to install an approved backflow prevention device at each of such consumer’s metered water service connections. If the required backflow device has not been installed within 30 days of the first notice, a second 15-day notice shall be issued. The failure, refusal or inability to install the device shall be grounds for discontinuance of water service to the metered water service connections until the device or devices have been properly installed.

B. The Director of Public Works or designee shall be responsible for maintaining a cross-connection control and backflow prevention program consisting of:

1. Conducting surveys at consumer sites to evaluate any actual or potential hazards that pose a threat to the public water system;

2. Maintaining records of all backflow devices used as metered service protection within the City’s jurisdiction;

3. Requiring annual testing of all backflow prevention devices used as metered service protection;

4. Inspecting all backflow prevention devices used as metered water service protection at the time of installation. (Ord. 597 § 2, 2004)

13.14.050 Responsibility.

The Director of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. An approved backflow prevention assembly is required at the City’s water service connection to any customer’s premises or at other locations in the consumer’s water system for the safety of the public water system. The Director of Public Works shall give the consumer written notice to install such an approved backflow prevention assembly at each service connection to a premises. The notice shall clearly state that:

A. The customer shall install such approved device or devices at his own expense within the time frame allotted by the City of Poway.

B. The refusal or inability on the part of the consumer to install such device or devices shall constitute grounds for discontinuing service to the premises until such device or devices have been properly installed. Final authority for discontinuance or restoration of service shall require the approval of the Director of Public Works. (Ord. 597 § 2, 2004)

13.14.060 Open for inspections.

The consumer’s system shall be open for inspection at all reasonable times to authorized representatives of the City to determine whether cross-connections or other structural or sanitary hazards, including violations of this code and State laws and regulations, exist. When such conditions become known, the City shall deny or immediately discontinue service to the premises by providing a physical break in the service line or by locking off the meter until the consumer has corrected the conditions. (Ord. 597 § 2, 2004)

13.14.070 Requirements.

An approved backflow prevention device shall be installed on a consumer’s water service where actual or potential hazards to the public water system exist. Conditions that require backflow prevention include:

A. Premises having an auxiliary water supply that is not, or may not be, of safe bacteriological or chemical quality and which is not an approved water supply by the City of Poway. The public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line appropriate to the degree of hazard;

B. In the case of premises on which any industrial fluids or any other substances are handled in such a fashion as to create an actual or potential hazard to the public water system. This shall include premises having an auxiliary water supply or systems containing process fluids or waters originating from the public water supply system that are no longer under the control of the City of Poway. The system shall be protected by an approved air-gap or an approved reduced-pressure principle backflow prevention assembly at the service connection;

C. In the case of premises having internal cross-connections that cannot be permanently corrected and controlled, or where intricate plumbing and piping arrangements exist, or where entry to all portions of the premises are not readily accessible for inspection purposes so that it is impractical or impossible to ascertain whether or not dangerous cross-connections exist, an approved backflow prevention assembly shall be installed at the service connection;

D. Structures of three or more stories shall have an approved backflow prevention device at the service connection;

E. Unless the Director of Public Works finds that no actual or potential hazard to the public water supply system exists, an approved backflow prevention device shall be installed on each service connection to a consumer’s water system serving, but not limited to, the following types of facilities:

1. Hospitals, mortuaries, clinics, nursing homes;

2. Laboratories;

3. Sewage treatment plants, sewage pumping stations or stormwater pumping stations;

4. Food and beverage processing plants;

5. Chemical plants;

6. Metal plating industries;

7. Petroleum processing or storage plants;

8. Car washes;

9. Churches;

10. Farm service and fertilizer plants and trucks;

11. Dental offices;

12. Radiator shops;

13. Commercial laundries;

14. Photographic film processing facilities;

15. Veterinary and animal grooming clinics;

16. Taxidermists;

17. Ready-mix concrete;

18. Sand and gravel plants;

19. Schools and colleges;

20. Water services dedicated for landscape irrigation systems;

21. Fire protection systems;

22. Greenhouses;

23. Water tank trucks or water tanks filled from fire hydrants that do not have a visible air gap;

24. Mobile home parks, apartment complexes;

25. Commercial or industrial users;

26. Other uses as determined by the Director of Public Works. (Ord. 597 § 2, 2004)

13.14.080 Type of protection required.

The type of approved backflow prevention device shall depend upon the degree of hazard. The Director of Public Works or designee shall determine which device shall be installed depending upon the facts for each particular situation. In determining the degree of hazard and the type of approved backflow device required, the following criteria shall be used:

A. Health or System Hazards. An approved air-gap separation or an approved reduced-pressure principle backflow prevention device shall be used where there is an existing or potential health or system hazard. In cases when the existing or potential health or system hazard is determined by the cross-connection staff to be very remote, the City may allow other protection.

B. Pollution Hazards. A double check valve assembly may be used where there is an actual or potential pollution hazard. (Ord. 597 § 2, 2004)

13.14.090 Approved backflow prevention devices.

A. Backflow prevention devices required by this chapter and the cross-connection control program shall be a model and size as approved by the City. Approved backflow prevention devices must conform to manufacturing specifications and laboratory and field performance standards established by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research: List of Approved Backflow Prevention Assemblies.

B. The Public Works Department staff shall keep a current list of approved backflow prevention devices. The list shall be available at the City of Poway, Public Works Department’s Cross-Connection Control Office.

C. Existing backflow prevention devices may be accepted for continued use unless a higher degree of protection is required. If a device is no longer on the current list of approved devices, continued use of existing backflow prevention devices may be allowed if the device can be properly tested and maintained. (Ord. 597 § 2, 2004)

13.14.100 Certification of backflow prevention assemblies.

It shall be the duty of the consumer at any premises where backflow prevention devices are installed or repaired to have inspections and operational tests completed annually by a certified tester. In those instances where the City of Poway’s cross-connection control staff deems the hazard to be great enough, staff may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the consumer and shall be performed by a certified tester from the City of Poway’s approved tester list. City staff may witness the tests if it is so desired. (Ord. 597 § 2, 2004)

13.14.110 Penalties and liability for damages.

A. After reasonable notice to the occupants thereof, the City of Poway shall discontinue water service by locking off or removing the customer’s meter to any premises wherein any backflow prevention device required by this chapter is not installed, tested, maintained and repaired in a manner acceptable to the cross-connection control staff, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises.

B. Water service to any premises where service has been discontinued pursuant to this section shall not be restored or unlocked until the consumer has corrected or eliminated such conditions or defects in conformance with this chapter and to the satisfaction of the cross-connection control staff.

C. The city shall not be held liable to any consumers of the city for any injury, damages, or lost revenues, which may result from termination of such consumer’s water supply in accordance with the terms of this chapter.

D. The consumer responsible for back-siphoned pollutants or contaminants through backflow, if contamination of the potable water system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device or a device that has been bypassed, shall be liable for the cost of cleanup of the potable water supply system and shall be liable for injury that occurs as a result of the contamination.

E. Any person found to be violating any provision of this chapter shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.

F. Any person violating any of the provisions of this chapter, in addition to the penalty provided herein and in PMC 1.08.010, shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation, whether the violation was caused before or after the notice provided in this section. (Ord. 597 § 2, 2004)

13.14.120 Consumer protest.

If the consumer files, with the City of Poway, a written protest of the degree of hazard involved and the commensurate degree of protection required to be provided, the matter shall be referred by the City of Poway to the appropriate health agency. If the protest involves a new meter installation, the City of Poway shall not commence water service until the health agency has delivered its written decision to the City. In the event a device is required for existing services and a protest is filed, water service may be discontinued at the discretion of the City of Poway until a written decision is delivered by the health agency. The written decision of the health agency shall be final. (Ord. 597 § 2, 2004)

13.14.130 Certification of backflow testers.

A. All backflow testers must possess a current American Water Works Association (AWWA) and/or American Backflow Prevention Association (ABPA) Backflow Tester certificate.

B. All backflow testers shall maintain current status on the San Diego County Department of Environmental Health (DEH) tester list.

C. All backflow testers shall submit to the Director of Public Works a copy of their current AWWA and/or ABPA and DEH tester certificates, and current gauge calibrations for equipment to be used within the City of Poway.

D. Employees of the City are prohibited from testing privately owned backflow devices in the City of Poway, except as part of their official duties. (Ord. 597 § 2, 2004)

13.14.140 Fire protection systems.

A. Prior to the installation of any fire protection system, plans shall be submitted to the City of Poway for review of said plans. Accordingly, a backflow prevention device shall be installed for all new commercial underground water supply systems.

B. The City of Poway will inspect all installations of backflow protection on fire systems before water service is approved.

C. Financial responsibility for the installation, testing, and maintenance shall be the consumer’s.

D. Existing consumers with post indicator valves (PIV’s) shall have the sole responsibility for maintenance and repair of said valves. (Ord. 597 § 2, 2004)

13.14.150 Retrofitting fire protection systems with backflow prevention devices.

Upon any modification to existing fire protection systems that are not currently protected by either a reduced-pressure detector backflow prevention assembly (RPDA) or double check detector backflow prevention assembly (DCDA) will require the underground water supply system to be retrofitted when any of the following occurs:

A. Any change in the fire protection underground water supply system that would require an upgraded increase in the fire service line;

B. Any renovation work to a structure or structures, involving changes and/or additions to the fire sprinkler system, which require an increase in the minimum approved fire flow requirements from the underground fire service supply line;

C. When a leak is detected in the existing underground backflow swing-check valve, requiring replacement;

D. Any failure of the PIV system, which would require more work than the standard maintenance procedures.

In all cases of a retrofit, the fire protection system shall be hydraulically calculated to meet the minimum fire flow demand of the fire sprinkler system. This determination shall be based on compliance with the National Fire Protection Association’s standard for minimum design and water flow requirements for sprinkler systems. (Ord. 597 § 2, 2004)

13.14.160 Maintenance, testing, and seismic failures.

Anytime an underground water supply system for an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with approved backflow prevention devices. (Ord. 597 § 2, 2004)

13.14.170 Location of equipment.

A. Fire Department connections and above ground backflow prevention devices shall be installed within 40 feet or less from an approved fire hydrant. Where Fire Department connections are used for water supply, they shall be located so as not to be affected by an exposing fire, as approved by the Fire Marshal.

B. Backflow prevention devices shall be located and screened, as appropriate, to minimize their visual impact. Location and screening shall be noted on the improvement plans and be subject to the Director of Development Services. (Ord. 597 § 2, 2004)

13.14.180 Appeal.

Any determination of the Director of Public Works authorized by this chapter may be appealed first to the City Manager and then in accordance with Chapter 2.20 PMC. No such appeal shall stay the discontinuance of water service if the Director of Public Works determines that the public health and safety require such discontinuance. (Ord. 597 § 2, 2004)