13.05.010    Purpose.

13.05.020    Definitions.

13.05.030    Cross connections regulated.

13.05.040    Application and responsibilities.

13.05.050    Backflow prevention assembly requirements.

13.05.060    Irrigation systems.

13.05.070    Fire systems.

13.05.080    Temporary meters and hydrant valves.

13.05.090    Mobile units.

13.05.100    New construction.

13.05.110    Plumbing code.

13.05.120    Testing and repairs.

13.05.130    Backflow assembly tester responsibility.

13.05.140    Maintenance of assemblies.

13.05.150    Installation requirements and specifications.

13.05.160    Thermal expansion.

13.05.170    Pressure.

13.05.180    Retrofitting.

13.05.190    Costs of compliance.

13.05.200    Nuisance.

13.05.210    Falsifying information.

13.05.220    Constitutionality and saving clause.

13.05.010 Purpose.

The purpose of this chapter is to establish standards that protect the Domestic Water System from contamination or pollution due to any existing or potential Cross Connections and to enable the City to act to prevent such contamination or pollution when it occurs. (Ord 08-230 (Ex A))

13.05.020 Definitions.

Any definition not found in this section will take its meaning from the WAC (246-290), or as amended, or in the most recent edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.

"Approved backflow prevention assembly" or "backflow assembly" or "assembly" means an assembly to counteract backpressures or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by DOH. The assembly must be purchased and installed as a complete unit including two shut-off valves and test cocks.

"Auxiliary supply" means any water source or system other the Domestic Water System;

"Backflow" means the flow of water or other liquids, gases or solids from any source back into the Domestic Water System; or the flow of water in the opposite direction of its intended flow.

"Backflow Assembly Tester" means a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and the RCW 18.106, 18.27 and 70.119.

"Backpressure" means backflow due to water pressure on the downstream side of the meter which exceeds the operating pressure of the Domestic Water System;

"Backsiphonage" means backflow due to a negative or reduced pressure within the Domestic Water System;

"Contamination" means the entry into or presence in the Domestic Water System of any substance which may be harmful to health and/or quality of the water provided by the Domestic Water System;

"Cross connection" means any physical arrangement where the Domestic Water System is connected, directly or indirectly (actual or potential), with any other non-drinkable water system or auxiliary system, wells, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated or polluted water, sewage, used water, or other liquid of unknown or unsafe quality which may be capable of imparting contamination or pollution to the Domestic Water System as a result of Backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections;

"Customer" has the same meaning as defined in section 3.05.010, except that when used in the context of this chapter means the customer of the City’s Utility Service provided pursuant to this Title through the Domestic Water System. In addition, "Customer" includes the owner, occupant and/or person in control of Premises. When more than one person falls within the definition of Customer, each such person shall be jointly responsible for the obligations imposed upon the Customer in this chapter;

"Degree of hazard" means the low or high health hazard classification that shall be attached to all actual or potential Cross Connections;

"DOH" means the Washington Department of Health;

"Domestic Water System" means the domestic water utility owned and operated by the City to deliver water intended for human consumption or other domestic use to Customers, with the intent that it meets all requirements established by the Safe Drinking Water Act and the DOH regulations;

"Double check valve assembly" or "DCVA" means an assembly which consists of two (2) independently-operating check valves which are spring-loaded or weighted. The assembly comes complete with a resilient seated shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness

"Double check detector assembly" or "DCDA" means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness. It shall also be provided with a factory bypass arrangement with a meter and a minimum of an approved Double Check Detector Assembly;

"High health hazard" means the classification assigned to an actual or potential Cross Connection that could allow a substance of a physical, toxic, or biological nature to Backflow into the Domestic Water System. This substance could cause a public health hazard, illness or death;

"In-premises protection" means a method of protecting the health of consumers served by the customer’s plumbing system (i.e. located within the property lines of the customer’s premises) by the installation of an approved air gap, backflow prevention assembly or device at the point of hazard;

"Maintenance Supervisor" means the City’s appointed Maintenance Supervisor, identified in section 2.08.010; As used in this chapter, the Maintenance Supervisor in intended to hold a valid Cross Connection Specialist Certificate issued in accordance with the Washington Administrative Code, or such other person that is employed by or contracted with the City;

"Mobile units" means units that are temporary in nature, connecting to the Domestic Water System through a hydrant, hose bib, or other appurtenance of a permanent nature that is part of the Domestic Water System, or a permanent water service to a Premise. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste hauler’s trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment other than homeowner use, rock quarry or asphalt/concrete batch plants or any other mobile equipment or vessel that poses a threat of backflow in the Domestic Water System. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other policies of the City pertaining to recreational vehicles and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, policies of the City pertaining to provision of water service to Premises;

"PNWS-AWWA" means Pacific Northwest Section of American Water Works Association;

"Premises" means any piece of property to which water is provided by the Domestic Water System including, but not limited to, all improvements, mobile structures and structures located on it;

"Premises isolation" means a method of protecting the Domestic Water System by installation of an approved double check valve assembly or a reduced pressure backflow assembly at the Service Connection to separate the Customer’s plumbing system from the Domestic Water System;

"Reduced pressure principle backflow prevention assembly" or "reduced pressure principle assembly" or "RP assembly" means an assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves. The assembly shall include properly located test cocks and tightly closing shut-off valves at each end of the assembly;

"Reduced pressure detector assembly" or "RPDA" means an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. The assembly should include properly-located test cocks and two tightly closing shut off valves;

"Service connection" means the point at which Premises are connected to the Domestic Water System, and the City loses control of the potable water delivered to the Premises through the Domestic Water System;

"Used water" means any water supplied by the City to a Premises after it has passed through the Service Connection and is no longer under the control of the City.

"WAC" means the most recent edition of the Washington Administrative Code. (Ord 08-230 (Ex A))

13.05.030 Cross connections regulated.

A. No Cross Connections shall be created, installed, used or maintained within the area served by the City, except in accordance with this chapter.

B. The Maintenance Supervisor shall carry out or cause evaluations to be carried out to determine if any actual or potential Cross Connections exist. If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.

C. The Customer is responsible for all cross connection control within the Premises, and shall purchase, install, test, repair, and maintain all backflow assemblies required for Premises Isolation and In-premises Protection.

D. All high health hazard premises which are defined in Table 9 of the WAC section 246-290-490, or as amended, are required to have premises isolation by installing a reduced pressure principle assembly in accordance with this chapter. (Ord 08-230 (Ex A))

13.05.040 Application and responsibilities.

This chapter applies throughout the City and to every Premises served by the Domestic Water System, whether public or private and regardless of date of connection to the Domestic Water System. Each Customer is responsible for complying with the terms and provisions contained in this chapter. (Ord 08-230 (Ex A))

13.05.050 Backflow prevention assembly requirements.

The Maintenance Supervisor shall determine the type of backflow assembly to be installed. All assemblies shall be installed as Premises Isolation unless it is determined by the Maintenance Supervisor that in-premises protection provides adequate protection. Premises isolation may be acceptable at an alternate location as determined by the Maintenance Supervisor.

The cross connection shall be eliminated or an assembly shall be required to be installed in each of the following circumstances, but the Maintenance Supervisor is in no way limited to the following circumstances:

1. The nature and extent of any activity on the premises, or the materials used in connection with any activity on the Premises, or materials stored on the Premises, could contaminate or pollute the Domestic Water System;

2. Premises having any one or more Cross Connections or potential cross connections;

3. When a cross connection survey report form is required by the City and has not been received.

4. Internal cross connections are present that are not correctable.

5. Intricate plumbing arrangements exist or plumbing subject to frequent changes are present that make it impractical to ascertain whether or not cross connections exist.

6. There is a repeated history of cross connections being established or re-established.

7. There is unduly restricted entry so that evaluations for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist.

8. Materials, chemicals or any substance or apparatus is being used that if backflow occurred contamination would result.

9. Installation of an approved backflow prevention assembly is deemed to be necessary in the judgment of the Maintenance Supervisor to accomplish the purpose of this chapter;

10. Any Premises having an auxiliary water supply.

11. In the event an in-premise assembly has not been tested or repaired or is not commensurate with the assessed degree of hazard as required by the WAC 246-290-490, or as amended, and this chapter;

12. If it is determined that additions or rearrangements have been made to the plumbing system without obtaining proper permits as required by the Code Enforcement Officer;

13. When a garden hose attachment is connected to the following: including but not limited to fertilizer applicators, pesticide applicators, radiator flush kits, and there is not appropriate in-premises protection.

14. Wherever the potential of backpressure or backsiphonage exists.

15. Wherever used or reclaimed water is used on premises. (Ord 08-230 (Ex A))

13.05.060 Irrigation systems.

All irrigation systems shall be protected in accordance with the Plumbing Code adopted by the City and applicable requirements contained in the RCW. In the event any irrigation system is equipped with an injector system, a reduced pressure principle assembly will be required. (Ord 08-230 (Ex A))

13.05.070 Fire systems.

An approved double check backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or that does not provide for periodic flow-through. A reduced pressure principle backflow prevention assembly must be installed, if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

1. where improper maintenance has occurred;

2. on all high health hazard systems;

3. wherever the Maintenance Supervisor deems necessary; and

4. wherever required by the WAC.

In the event an assembly is installed on a designated lateral, a detector assembly commensurate with the degree of hazard will be required. (Ord 08-230 (Ex A))

13.05.080 Temporary meters and hydrant valves.

Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by the City’s Maintenance Supervisor. (Ord 08-230 (Ex A))

13.05.090 Mobile units.

Any mobile unit or apparatus which uses the water from any Premises within the Domestic Water System shall first obtain a permit and meter from the City and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the Mobile Unit. (Ord 08-230 (Ex A))

13.05.100 New construction.

When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the Service Connection to provide protection of the Domestic Water System in the event of the most hazardous use of the building. (Ord 08-230 (Ex A))

13.05.110 Plumbing code.

As a condition of receiving water from the Domestic Water System, Customers shall install, maintain, and operate their piping and plumbing systems in accordance with all applicable laws and regulations. (Ord 08-230 (Ex A))

13.05.120 Testing and repairs.

All backflow prevention assemblies installed within the area(s) served by the Domestic Water System shall be tested immediately upon installation, and at least annually thereafter by a DOH certified backflow assembly tester. All such assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control of the Premises. In the event an assembly is moved, repaired or replaced, it must be tested immediately.

It is the responsibility of the persons who own the assemblies to have the assemblies tested by a certified backflow assembly tester. (Ord 08-230 (Ex A))

13.05.130 Backflow assembly tester responsibility.

A. All backflow assembly testers who review Premises receiving water from the Domestic Water System shall be certified in accordance with all applicable regulations of the DOH. Prior to performing tests within the City, backflow testers shall provide to the City proof of current certification, and gauge accuracy verification.

B. Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration ("OSHA") and the Washington Occupational Safety and Health Administration and have completed confined space entry training to enter any confined space within the City.

C. Backflow assembly testers shall submit records of all backflow assembly test repairs to the City within 10 days of completing the test. (Ord 08-230 (Ex A))

13.05.140 Maintenance of assemblies.

Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC. The Customer is responsible for protecting their assembly from freezing and vandalism. (Ord 08-230 (Ex A))

13.05.150 Installation requirements and specifications.

Backflow prevention assemblies shall be installed in accordance with the requirements set out in the WAC and the most recent edition of the PNWS – AWWA Cross Connection Control Manual. (Ord 08-230 (Ex A))

13.05.160 Thermal expansion.

The Customer shall eliminate the possibility of damage from thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly, or other appurtenances. (Ord 08-230 (Ex A))

13.05.170 Pressure.

Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the City. (Ord 08-230 (Ex A))

13.05.180 Retrofitting.

Retrofitting shall be required at all Service Connections where an actual or potential Cross Connection exists, and wherever else the City deems retrofitting necessary to comply with the WAC and this chapter. (Ord 08-230 (Ex A))

13.05.190 Costs of compliance.

All costs associated with the purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the responsibility of the Customer. (Ord 08-230 (Ex A))

13.05.200 Nuisance.

Due to the public nature of the Domestic Water System, a violation of any provision of this chapter shall be deemed a public nuisance, and any Customer violating any of the provisions of this chapter and who causes damage to or impairs the Domestic Water System, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the Domestic Water System, shall indemnify and hold the City harmless from any and all expense, loss or damage resulting from such violation, including without limitation, the cost of repair, replacement, cleaning, purifying, or any other expenses caused by the violation. The obligation of indemnity is not considered a delinquency resulting from the delivery of water utility service, governed by the provisions of Chapter 3.05, but shall be a public nuisance, governed by the provisions of Chapter 9.10, which includes without limitation, the issuance of a Civil Regulatory Order, and the abatement of such a nuisance, pursuant to Chapter 17.15, with an element of such abatement including, without limitation, the immediate disconnection of the Premises from the Domestic Water System. In such event, the costs and fees associated with such disconnection shall be included as an element of the Customer’s indemnification of the City. (Ord 08-230 (Ex A))

13.05.210 Falsifying information.

Any Person who knowingly makes any false statement, representation, record, report or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this chapter shall, (in addition to civil and/or criminal penalties provided by state law) be guilty of a misdemeanor subject to the general penalty clause of the City. (Ord 08-230 (Ex A))

13.05.220 Constitutionality and saving clause.

If any provision, section, sentence, clause or phrase of this chapter, or the application of this chapter to any Person or set of circumstances are for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this chapter, or its application to other persons or circumstances shall not be affected thereby, the City in adopting, and the Council in approving this chapter that no portion hereof or provision or regulation contained in this chapter shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation. (Ord 08-230 (Ex A))