Chapter 13.04
WATER SERVICE

Sections:

Article I. General Provisions

13.04.010    Definitions.

13.04.020    Applicability of chapter – Right of City to shut off water.

Article II. Application for Service

13.04.030    In written form and signed by applicant.

13.04.040    Deposit – Required if applicant not owner of premises.

13.04.050    Deposit – Held as guarantee of payment – Return.

13.04.080    Fee charged for change of identity of person receiving service.

Article III. Rules and Regulations – Generally

13.04.100    Right of access.

13.04.110    Persons authorized to make connections.

13.04.120    Shutoff valves.

13.04.130    Permission required to supply additional premises.

13.04.140    Supplemental rules provided by resolution.

13.04.150    Previous agreements.

Article IV. Water Service Connections

13.04.160    Payment by applicant – For installation charges and connection fees.

13.04.170    Conditions when connection to public water main required.

13.04.210    Connection may be made after compliance with requirements.

13.04.220    Extension of mains.

13.04.230    Multiple connections – Prohibited.

13.04.240    Multiple connections – Exceptions.

13.04.250    Service to more than one consumer through one connection and meter.

Article V. Meters – Generally

13.04.260    Installation requirements – Obstructing access prohibited.

13.04.270    Remains property of Department – Maintenance – Damage charged to owner of premises.

13.04.280    Tests.

Article VI. Water Main Extensions

13.04.290    Applicability of CMC 13.04.300 and 13.04.310.

13.04.300    Duty of applicant to pay costs, charges and fees – Water main extension agreement.

13.04.310    Additional connections to extended mains.

Article VII. Water Shortages

13.04.320    Purpose.

13.04.330    Declaration of water emergency.

13.04.340    Request for voluntary restrictions of water use – Stage I.

13.04.350    Prohibition of nonessential water use – Stage II.

13.04.370    Stage III.

13.04.380    Water services to be discontinued.

13.04.390    Violation of water use restrictions – Punishment.

13.04.400    Temporary suspension of service.

13.04.410    City’s right to apportion among consumers.

13.04.420    City not liable for interruption of service.

Article VIII. Liability of City

13.04.440    City not liable for damage or loss caused by broken fixtures.

Article IX. Pollution of City Reservoirs

13.04.450    Activities prohibited or permitted in or about City reservoir.

Article X. Control of Backflow andCross-Connections

13.04.460    Definitions.

13.04.470    Protection – Location where required.

13.04.480    Protection – Type used dependent on degree of hazard.

13.04.490    Responsibility to provide protective devices.

13.04.500    Compliance code violation.

13.04.510    Periodic testing of protective devices.

13.04.520    Immediate termination of water service when conditions constitute danger.

13.04.530    Approved protective devices.

13.04.540    Notices.

Article I. General Provisions

13.04.010 Definitions.

For purposes of this chapter, the following words and phrases shall be construed as defined in this section:

A. “Customer” shall mean a person using water supplied by the City.

B. “Department” shall mean the Municipal Water Department of the City.

C. “Hand-watering” shall mean water supplied to a customer through a hose connected to the customer’s piping system while such hose is handheld and such water is used outside of the customer’s home.

D. “Irrigate” shall mean to water land, whether by channels, by flooding, by sprinkling, or any other means whatsoever expect hand-watering.

E. “Premises” shall mean a lot or parcel under one ownership, except that portion thereto having well-defined boundaries (such as fences or hedges, separate living units, businesses separately licensed, etc.), which prevent the common use of the property by all occupants, shall be deemed separate premises.

F. “Water” shall mean water supplied by the City.

13.04.020 Applicability of chapter – Right of City to shut off water.

A. The rules and regulations set forth in this chapter for the management, control and use of the Water Department, penalties for the violation thereof, and rates to be charged for water or services furnished to consumers, are prescribed and established and are applicable to all consumers, whether inside or outside the City limits, in the absence of express limitations set forth in this chapter.

B. Every person taking water shall be considered as having expressed that person’s consent to be bound by the provisions of this chapter. Whenever any rule and/or regulation is violated, the right is reserved to terminate water service without notice. The person whose water service is thus terminated shall forfeit all payments made. The water service shall not be restored until unpaid rents and charges are paid and other requirements of this chapter are met.

C. A monthly water meter service charge per billing unit shall be made for each water meter and shall be set by resolution of the Council. This charge is due regardless of the amount of water metered. Failure to pay the monthly meter service charge for a period of six months shall be willful failure to comply with the provisions of this article and the water service shall be discontinued and the water meter removed from the premises. Reconnection or restoration of service which has been terminated pursuant to this section shall be made only upon conformance with the requirements of the Resource Management System.

Article II. Application for Service

13.04.030 In written form and signed by applicant.

A. Every person desiring water from the Department shall make written application at the office of the Department.

The application shall be in such form and shall contain such stipulations, terms and provisions as may from time to time be fixed and provided by resolution of the Council and printed on an application form provided by the Finance Department.

B. Such application shall be signed by the applicant.

13.04.040 Deposit – Required if applicant not owner of premises.

Whenever an application is made for the furnishing of water to premises and the applicant is not the owner in fee of such premises, a deposit shall be made with the Department at the time such application is made in the amount prescribed by resolution of the Council.

13.04.050 Deposit – Held as guarantee of payment – Return.

A. Such deposit shall be held by the Department as a guarantee for the payment of all water consumed, and payment of all other charges owing from the application to the department.

B. Whenever any applicant removes from such premises becomes the owner in fee of such premises, the deposit shall be returned to the applicant less all charges owing by the applicant to the department.

13.04.080 Fee charged for change of identity of person receiving service.

Upon any change in the identity of the person(s) to whom water service is furnished there shall be payable a fee in such amounts as may be fixed by resolution of the Council. (Ord. 305 § 1, 1973).

Article III. Rules and Regulations – Generally

13.04.100 Right of access.

A. Any officer or employee of the City exhibiting a proper credential shall have the right of access at all reasonable hours to any premises where water is supplied by the Department for the purpose of inspection, examination and to make surveys.

B. If any such officer or employee is refused admittance to any such premises or after being admitted is hindered or prevented from making such examination or survey, then the City may cause the water service to such premises to be terminated after giving 24 hours’ notice to the owner or occupant of such premises, unless in the interim such officer or employee is freely admitted to make such inspection, examination or survey.

13.04.110 Persons authorized to make connections.

A. 1. No person other than an officer or employee of the Department shall be permitted to tap any of the water pipes or mains of the distributing system, or to insert tees, stopcocks, clamps or other connections therein, or to turn on the water from any service connection under any circumstances, save and except that any plumber desiring to test the plumbing may, for temporary purposes, turn on the water at the curbcock. In an emergency, in order to make repairs and to prevent damage to the property of the consumer or others by reason of defective or broken pipes or fixtures, such water or service connection may be turned off by any person.

All persons other than officers or employees of the water system shall be held liable for any damage done to the City’s water system regardless if an emergency existed or not.

2. Upon proper application, an employee of the Department will turn on or turn off the water for any of the purposes set forth in subsection (A)(1) of this section. A fee will be assessed as established by Council resolution.

B. It is unlawful for any person, except authorized officers or employees of the Public Works Department or Fire Department, to open or use any fire hydrant or carry away any water therefrom, without permit from the Public Works Department.

C. Any individual desiring to use water from any hydrant, street pipe, service or fixture belonging to the City must make application at the Public Works Department for a permit to do so. If water is available and use is approved, water for such service shall be furnished upon the same basis as water furnished to other consumers of water.

D. Failure to obtain a permit as required by subsections (B) and (C) of this section shall constitute a misdemeanor. (Ord. 446 § 1, 1989).

13.04.120 Shutoff valves.

Every water consumer shall install and maintain, at the consumer’s own expense, a shutoff valve inside the property line at a location accessible in event of emergency.

13.04.130 Permission required to supply additional premises.

It is unlawful for any person whose premises are supplied with water to furnish water to other additional premises, unless that person first makes application in writing to the Department and secures approval in writing.

13.04.140 Supplemental rules provided by resolution.

The Council may, by resolution, provide such supplementary rules and regulations as it deems necessary or advisable to accomplish the purposes of this chapter.

13.04.150 Previous agreements.

None of the provisions of this chapter shall apply to or in any manner affect any agreement for furnishing water or for extension of water mains made before the effective date of the ordinance codified in this chapter, and to which the City is a party. However, as to such agreements, the provisions and requirements of ordinances and resolutions enforced at date of such agreement, and any and all such agreements so made, are ratified and confirmed. Further, the City, at its discretion, may relocate a meter which is not in the public right-of-way to the public right-of-way and not assume liability for any downstream piping of new location.

Article IV. Water Service Connections

13.04.160 Payment by applicant – For installation charges and connection fees.

When the premises to which water is to be furnished under the application made in writing has no connection already installed for use on the premises, the applicant shall pay such installation charges and connection fees as may be fixed by resolution of the Council. (Ord. 305 § 1, 1973).

13.04.170 Conditions when connection to public water main required.

A. The owner of any structure located within the City in which plumbing is to be installed shall, at the owner’s expense connect the plumbing of such structure directly to the proper public water main in accordance with the provisions of this chapter.

B. If the closest water main is located more than 1,000 feet from the property line of the residential property involved, the property owner may petition the Council for an exception to this requirement for existing lots of record or in conjunction with a minor subdivision (four lots or fewer) pursuant to the provisions of subsections (C), (D), (E) and (F) of this section.

C. Regardless of the distance from the closest water main, if the property is located within an area designated for RR-H, rural residential hillside overlay uses on the land use map of the General Plan, the property owner may petition the Council for an exception to this requirement pursuant to the provisions of subsections (D), (E) and (F) of this section.

D. The following procedures shall be followed for the consideration of petitions for exceptions to the requirements of this section:

1. Petitions shall be filed by the property owner with the Planning and Building Department on forms provided by the Planning and Building Department. Said petition shall be accompanied by materials and information outlined on the application requirements list available in the Planning and Building Department.

2. Said petition shall be considered by the City Council prior to the determination of completeness (pursuant to Section 65943 of the Government Code) of a development application for the property.

3. Petitions shall be considered during a public hearing.

E. The following criteria shall be considered by the City Council in the evaluation of petitions for exceptions to the requirements of this section:

1. The proximity of existing public water mains to the subject property;

2. The ability to provide water to the site at pressures adequate for domestic and emergency purposes by unmechanically augmented municipal systems;

3. The likelihood of adjoining property(ies) to develop and the need for the extension of public water facilities to accommodate such development;

4. The potential environmental effects resulting from the installation of public facilities given the physical conditions and improvements present at the property including but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present constraints to the extension of the public water facilities;

5. The physical conditions and improvements present at the property including but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present significant on-going costs for maintenance of the public facilities;

6. The ability to provide public service to the frontage of adjoining property(ies);

7. The adequacy of the proposed private system to provide adequate water flow rates, pressure and facilities to address domestic and emergency needs as determined by the Director of Public Works and the Fire Chief;

8. The adequacy of the proposed private system to satisfy the requirements of the Napa County Environmental Health Department.

F. The City Council may impose conditions or requirements upon the granting of a petition for an exception to the requirements of this section. Said conditions or requirements may include but shall not be limited to the following:

1. The property owner requesting the exception shall design and install the public water main across the frontage of the subject property including the extension, if any, of the public facilities from their existing closest point. Appropriate dedication of right-of-way shall be made to accommodate said installation. Said design, installation and dedication shall occur prior to the occupancy of the new development and shall not be subject to reimbursement or other credit by the City of Calistoga. An agreement for reimbursement from private development may be executed.

2. A home owners association (HOA) or other entity or binding agreement, acceptable to the City Attorney, shall be created and maintained in perpetuity to ensure the long-term maintenance of the common and/or private facilities (wells, water lines, pressure tanks, holding tanks, back flow prevention devices, etc.). The HOA shall maintain a sufficient fund reserve as determined by the Director of Public Works at all times to ensure that maintenance of the private facilities will occur as necessary. Duties and obligations of the HOA shall be stipulated in covenants, codes and restrictions (CC&Rs) which shall govern the private property. The City of Calistoga shall be a party to the CC&Rs, but shall not be responsible for the enforcement of the document.

3. The property owner requesting the exception shall record a notice which shall run with the deed on the property, and all subsequent parcels resulting from a subdivision of the property, advising subsequent property owners of the lack of public facilities and of the potential for failure of the private system(s). The deed notice shall further advise successor property owners that the City of Calistoga has no obligation to provide public facilities to the property in question even in the event of the failure of the private system(s).

4. The property owner requesting the exception shall execute and record a hold harmless agreement with the deed of the property, and all subsequent parcels resulting from a subdivision of the property. Said agreement shall relieve the City of Calistoga of any and all liability, which might arise from the use, and or failure of the private system(s). Said hold harmless agreement shall be in a form acceptable to the City Attorney and shall be recorded prior to occupancy of any new development on the subject property.

5. Appropriate design and equipment shall be installed prior to the occupancy of any new development on the subject property to prevent the potential contamination of the municipal water system by private systems. Such improvements may include the installation of back flow prevention devices, double check valve or equivalent acceptable to the State Department of Health Services. (Ord. 539 § 6, 1998; Ord. 458 § 2(A), 1990).

13.04.210 Connection may be made after compliance with requirements.

If an applicant has complied with the requirements of Chapter 13.16 CMC relating to the application of service and has paid all charges incurred, the property described in the application shall be connected to the water mains and water furnished to the applicant. (Ord. 458 § 2(f), 1990).

13.04.220 Extension of mains.

A. No meter shall be installed by the Department on any private property, nor shall service be extended beyond the curb of the street in which the Department’s mains are installed, except where the City owns or controls water pipeline right-of-way over private property and has water mains installed therein. Where there is no parkway, the service may be installed within four feet of the property.

B. The applicant for water service shall, at the applicant’s own expense, extend service lines to the nearest open and accepted public street or place where a meter will be installed by the Department, subject to all other terms and provisions set forth in this chapter. However, the Department may, at its option, allow water service connections to its water mains installed in the right-of-way described in subsection (A) of this section; provided, that the applicant, at the applicant’s own expense, extends service lines to the water mains.

13.04.230 Multiple connections – Prohibited.

No single service connection shall supply water to more than one premises.

13.04.240 Multiple connections – Exceptions.

A. If under particular circumstances it is determined by the Council that it is impracticable to install a single service connection for each premises and advantageous to the Department to furnish water to more than one premises through one service connection, then water may be furnished by the Department to multiple premises by one service connection.

B. After any such installation of water service for more than one premises through a single service connection, the Council may, if it determines that by reason of changed circumstances it has become practicable to install a service connection for each premises, elect to install a separate service connection and meter for each of the premises at the cost and expense of the owner of the premises.

13.04.250 Service to more than one consumer through one connection and meter.

Where there is more than one consumer supplied through a single service connection and single meter, the Department shall hold the applicant or other person agreed upon responsible for payment of all water furnished through the single service connection or one meter. However, where practicable to serve each consumer through a separate service connection, the Council may elect to install separate service connections and meters to each consumer at the cost and expense of the property owner or consumer and thereafter collect at the established meter rates for water supplied through each meter.

Article V. Meters – Generally

13.04.260 Installation requirements – Obstructing access prohibited.

A. A water service meter shall be installed by the Department for each service connection. Water service meters shall be installed only in public streets or places.

B. It is unlawful for any consumer to obstruct access to water service meters.

C. The size and exact location of each meter installation shall be determined by the Director of Public Works subject to approval by the Council.

13.04.270 Remains property of Department – Maintenance – Damage charged to owner of premises.

All water meters installed by the Department shall remain at all times the property of the City. They shall be maintained, repaired and renewed by the Department when rendered unserviceable through ordinary wear and tear and damage by the elements. However, where replacements, repairs or adjustments for any meter are necessary as a result of the negligence of the owner or occupant of any premises, any such expenses to the Department shall be charged against and collected from the owner of the premises.

13.04.280 Tests.

A. Any water consumer shall have the right to demand at least once a year that the meter through which water is furnished be examined and tested by the Department for the purpose of ascertaining whether or not it is registering correctly the amount which is being delivered through it to the consumer.

If the meter is found to register one percent or more in excess of the actual quantity passing through it, then an adjustment as defined in subsection (B) of this section shall be made. If the meter registers less than one percent in excess of the actual quantity, then the water consumer shall be liable for all costs associated with the testing. These costs will be determined by Council resolution.

B. If the meter is found to register one percent or more in excess of the actual quantity passing through the meter, the charge made for water passing through the meter for the current period shall be adjusted by reducing the bill in accordance with the percentage of such excess.

C. Whenever a meter is out of repair such that it fails to register correctly the amount of water passing through it and the percentage of deficit or excess cannot be ascertained by test, the owner shall be charged with the owner’s average consumption as shown by the meter when in good working order and registering correctly during a similar period of previous service.

Article VI. Water Main Extensions

13.04.290 Applicability of CMC 13.04.300 and 13.04.310.

The provisions of CMC 13.04.300 and 13.04.310 shall apply to water main extensions, both within and without the boundaries of the City, except that they shall not apply to any water main extensions within the boundaries of any subdivision.

13.04.300 Duty of applicant to pay costs, charges and fees – Water main extension agreement.

A. Applicants for water main extensions to serve premises which are not served by existing facilities of the Department shall be required to pay all of the costs for construction of such facilities as may be determined by the Council.

B. Applicants shall be required to dedicate and convey to the City any easements determined by the Council to be required and all water mains, pipes and necessary appurtenances. The size, specifications and quality of the materials and the location of all waterlines shall be determined by the City Engineer.

C. 1. In the event that any water main is required to be extended, the applicant shall be required to provide the City with a surety bond equal to 200 percent of the estimated reasonable cost of the necessary facilities before construction is commenced. In no event shall the work of installing the water main extension be commenced until all bonds required to be paid have been received by the City from the applicant.

2. The applicant shall be required to pay to the City an amount equal to the estimated reasonable cost of the necessary facilities, as determined by the City Engineer, before construction is commenced. If inspection costs exceed the estimated cost, then the applicant shall pay to the City the remainder of the money owed before water service is furnished.

D. In the event that any water main extended by an applicant furnishes service to premises other than those owned by the applicant by direct connection to such extended main, the applicant may request a water main extension agreement with the City. The terms, provisions and conditions of such water main extension agreement shall be determined by the Council. (Ord. 305 § 1, 1973).

13.04.310 Additional connections to extended mains.

A. Additional water service connection to any main extended in accordance with the provisions of this section shall be permitted only with Council approval.

B. The applicant for any service to such main shall be required to pay all fees required under the provisions of this article prior to installation of any meter or commencement of any service. Compliance must also be made with Chapter 13.16 CMC.

C. The application for such additional service shall be made in writing and shall be in such form and shall contain such stipulations, terms and provisions as may from time to time be fixed and provided by resolution of the Council and printed on an application form provided by the Department. The application must adhere to the provisions of Chapter 13.16 CMC. (Ord. 458 § 2(B), 1990; Ord. 305 § 1, 1973).

Article VII. Water Shortages

13.04.320 Purpose.

The purpose of this article is to prohibit an increase in the use of the City’s water supply, to eliminate all nonessential water usage, and to provide for an allocation of existing water resources to ensure a sufficient water supply for human consumption, sanitation and fire protection, in the event of a water shortage. This article shall be liberally construed to effectuate its purpose. A five to 10 percent shortage will be advisory only. Definitions, penalties and drought reduction strategies will be adopted by resolution of the Council. (Ord. 464 §§ 2, 3, 1991; Ord. 336 § 2, 1978).

13.04.330 Declaration of water emergency.

When it appears that the City may be unable to supply the normal demands and requirements of water customers, the Council may, by resolution, declare a water emergency. The resolution shall specify the stage of emergency existing as defined in this Article VII and shall place into effect the appropriate provisions of this article. (Ord. 464 §§ 2, 3, 1991; Ord. 336 § 2, 1978).

13.04.340 Request for voluntary restrictions of water use – Stage I.

Whenever the Council, by resolution, declares that a Stage I water emergency exists, the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may be required to reduce water demand to coincide with available supply. The City Clerk shall publish such proclamation at least once a week for four weeks in a newspaper of general circulation within the City for the purpose of giving notice to the City’s water customers. (Ord. 464 § 3, 1991).

13.04.350 Prohibition of nonessential water use – Stage II.

If it is found that the Stage I program does not achieve the required water use reduction, the Council, by resolution, may declare that a Stage II water shortage exists. The Stage II program shall be on an economic basis. The percentage of the water reduction shall be applied to the quantity value of the City’s water rate structure. The rate rationing schedule shall be adopted from time to time by Council resolution. (Ord. 464 § 3, 1991).

13.04.370 Stage III.

If it is found that the Stage II program does not achieve the required water use reduction, the Council, by resolution, may declare that a Stage III water shortage exists. The Stage III program shall be on an economic basis. The percentage of the water reduction shall be applied to the quantity value of the City’s water rate structure with the actual percentage to be determined by the Director of Public Works. (Ord. 464 § 3, 1991).

13.04.380 Water services to be discontinued.

Water may be shut off by the Department with appropriate notice whenever there has been a willful failure to comply with the provisions of this Article VII, any other provisions of this code to the contrary notwithstanding. Charges for reconnection or restoration of service which has been terminated pursuant to this section shall be at the rates and on the condition set by resolution of the Council for a new water service connection. (Ord. 464 § 3, 1991).

13.04.390 Violation of water use restrictions – Punishment.

It is a misdemeanor for any person to use or apply water received from the City contrary to or in violation of any restriction or prohibition specified in this chapter. (Ord. 464 § 3, 1991).

13.04.400 Temporary suspension of service.

A. The City will exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water, but cannot guarantee complete freedom from interruption.

B. The City shall have the right to suspend water service temporarily to make necessary repairs or improvements to the water system.

C. In each case of temporary suspension of service, the City will notify the consumers affected if circumstances permit and will prosecute the work required to be made by the water system with due diligence and with the least possible inconvenience to consumers.

13.04.410 City’s right to apportion among consumers.

During any period of threatened or actual water shortage, the City shall have the right to apportion its available water supply among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety.

13.04.420 City not liable for interruption of service.

The City shall not be liable for interruption, shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby, including but not limited to use by any customer of any mechanical device or any plumbing or water fixtures beyond the meter.

Article VIII. Liability of City

13.04.440 City not liable for damage or loss caused by broken fixtures.

The City will not be liable for any damage to the property of consumers or others caused by broken, damaged or leaky fixtures upon the premises of the consumers, nor will any deduction be made to the consumers for water wasted because of broken, damaged, leaky or open fixtures.

Article IX. Pollution of City Reservoirs

13.04.450 Activities prohibited or permitted in or about City reservoir.

A. No person shall wade or bathe in or otherwise pollute the waters of the reservoirs supplying drinking water to the inhabitants of the City or the watercourses supplying such reservoirs.

B. No person shall cut wood or shrubbery on the property on which such reservoirs are situated and which property is now or thereafter owned and used by the City for the purpose of its municipal water supply.

C. No person shall fish in the reservoirs or picnic on such property.

Article X. Control of Backflow and
Cross-Connections

13.04.460 Definitions.

For the purposes of CMC 13.04.470 through 13.04.540, the following words and phrases shall be construed as defined in this section.

A. “Approved protective device” for purposes of this Article X shall mean a protective device of a design and manufacture approved by this City which has been tested and has proved to operate in the manner intended to protect the municipal water supply.

B. A “cross-connection” shall mean 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 system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. By-pass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which “backflow” can or may occur are considered to be cross-connections.

C. “Auxiliary supply” shall mean any water supply on or available to the premises other than the public water supply.

D. “Approved double check valve assembly” shall mean an assembly of at least two independently acting check valves including tightly closing shutoff valves on each side of the check valve assembly and suitable leak-detector drains plus connections available for testing the water tightness of each check valve, the manufacturer and operation of which have been approved by the City.

E. “Airgap separation” shall mean a physical break between a supply pipe and receiving vessel. The airgap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.

F. “Approved reduced pressure principle backflow prevention device” shall mean a device incorporating two or more check valves and an automatically operating differential release valve located between the two checks, two shutoff valves and equipped with necessary appurtenances for testing, the manufacture and operation of which have been approved by the City. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. To be approved these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. (Ord. 358 § 1, 1980).

13.04.470 Protection – Location where required.

A. Each service connection from the municipal water system supplying water to premises having an auxiliary water supply shall be protected from backflow of water from the premises into the municipal water system, unless the auxiliary water supply is accepted as an additional source by the City and its authorized backflow prevention officer.

B. Each service connection from municipal water system to premises on which any substance is handled under pressure in such fashion as to permit entry into the water system shall be protected against backflow of the water from the premises into the municipal water system. This includes the handling of processed waters and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.

C. Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections unless such cross-connections are abated to the satisfaction of the City and its authorized backflow prevention officer. (Ord. 358 § 1, 1980).

13.04.480 Protection – Type used dependent on degree of hazard.

The protective device required shall depend upon the degree of hazard as set forth below:

A. At the service connection to any premises where there is an auxiliary water supply handed in a separate piping system with no known cross-connection, the public water supply shall be protected by an approved double check valve assembly.

B. At the service connection to any premises on which a substance that would be objectionable, but not necessarily hazardous to health, if introduced into the public water supply, is handled as to constitute a cross-connection, the public water supply shall be protected by an approved double check valve assembly.

C. At the service connection on any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an approved reduced pressure principle backflow protective device. A double check valve assembly may be used in lieu of such device if approved by the City and the authorized backflow prevention officer.

D. At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled under pressure, the public water supply shall be protected by an airgap separation. The airgap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with either an approved reduced pressure principle backflow prevention device, or an approved double check valve assembly, providing the alternative is approved by the City and the authorized backflow prevention officer.

E. At the service connection to any sewage treatment plant or sewage pumping station the public water supply shall be protected by an airgap’s separation. The airgap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing this alternative is approved by the State Department of Public Health. (Ord. 358 § 1, 1980).

13.04.490 Responsibility to provide protective devices.

A. Where protective devices are required under the provisions of this article the device shall be installed by and at the expense of the water user on the premises.

B. If more than one user is serviced by a single connection to the municipal water supply, a device shall be installed by and at the expense of the owner of the premises. (Ord. 358 § 1, 1980).

13.04.500 Compliance code violation.

Existing users who require installation of a protective device on the effective date of this article shall be allowed a reasonable time within which to comply with the provisions of this article.

13.04.510 Periodic testing of protective devices.

A. Premises requiring protective devices under the terms of this article shall be tested to verify compliance at least once a year. Premises having a history of repeated failures may be inspected with such frequency as is necessary to ensure compliance with this article.

B. In the event the test indicates failure of the protective device, the user or property owner shall be given notice of such failure which notice shall state a time deemed to be reasonable by the inspecting official within which to comply with this article.

13.04.520 Immediate termination of water service when conditions constitute danger.

The water service to any premises on which conditions are deemed to exist which constitute an immediate danger to the City water supply shall be immediately terminated without notice. (Ord. 358 § 1, 1980).

13.04.530 Approved protective devices.

A list of protective devices of the types referred to in this chapter which have been approved by the City shall be maintained at City Hall and shall be open to public inspection. (Ord. 358 § 1, 1980).

13.04.540 Notices.

Any notices prescribed or allowed by this chapter shall be deemed to have been given when personally delivered or when placed in the United States mail, postage fully prepaid, addressed to the owner of the premises and, if different, also to the water user as shown from the records of the City. (Ord. 358 § 1, 1980).