Ord. 1107 05-12-03ORDINANCE NO. 1107
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, BY AMENDING CHAPTER 30, UTILITIES OF THE
PEARLAND CITY CODE OF ORDINANCES BY ADDING ARTICLE V,
"CROSS -CONNECTION CONTROL AND PREVENTION"; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE; DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 30 of the Pearland Code of Ordinances is hereby
amended by adding a new Article which shall read in its entirety as follows:
Article V. Cross -Connection Control and Prevention
Sec. 30-111 Cross -Connection standards.
Every source of contamination or possible contamination from any contaminant
which originates from or is located at a residential or commercial establishment, which
is connected to any public water supply or which provides water to the public, shall be
equipped with the protection required under the provisions of this article.
Sec. 30-112 Definitions.
For the purpose of this ordinance, the following definitions apply unless the
context clearly indicated or requires a different meaning. If a word or term used in this
ordinance is not contained in the following list, it definition, or other technical terms
used, shall have the meanings or definitions listed in the most recent adopted edition of
the City of Pearland Plumbing Code and/or the Manual of Cross Connection Control
published by the Foundation for Cross Connection Control and Hydraulic Research,
University of Southern California:
ORDINANCE NO. 1107
Air gap — shall mean a physical separation between the free -flowing discharge
end of a potable water supply piping and/or appurtenance and an open or non -pressure
receiving vessel, plumbing fixture or other device. An "approved air -gap separation'
shall be at least twice in diameter of the supply pipe measured vertically above the
overflow rim of the vessel, plumbing fixture or other device in no case less that one inch.
Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum
breaker or AVB — shall mean a device used to prevent backsiphonage in non -health
hazard conditions. This device cannot be tested and cannot prevent backpressure
backflow.
Auxiliary supply — shall mean any water source or system other than the public
water system, that may be available in the building or on the property, including ground
water or surface waters used for industrial, irrigation or any other purpose.
Backflow prevention assembly or assembly — shall mean assembly to counteract
backpressure or prevent backsiphonage.
Backflow — shall mean the flow in the direction opposite to the normal flow or the
introduction of any foregn liquids, gases, or substances into the water system of the
city's water.
Backpressure — shall mean any elevation of pressure in the downstream piping
system (by any eans) above the supply pressure at the point of consideration which
would cause, or tend to cause, a reversal of the normal direction of flow and the
introduction of fluids, mixtures or substances from any source other than the intended
source.
Backsiphonage — shall mean the flow of water or other liquids, mixture or
substances into the distribution pipes of a potable water supply system from any source
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ORDINANCE NO. 1107
other that its intended source caused by a sudden reduction of pressure in the potable
water supply system.
Boresight or Boresight to daylight — shall mean providing adequate drainage for
backflow prevention assemblies installed in vaults through the use of an unobstructed
drainpipe.
City or The City — shall mean the City of Pearland through the City Manager or
any representative, inspector or employee designated by the City Manager.
Commercial establishment — shall mean property or location which is used
primarily for manufacture, production, storage, wholesaling or retailing of services which
is or may be placed in the flow of commerce or any property or location which is used
primarily for the provision of any service.
Commission — shall mean the Texas Natural Resource Conservation
Commission (TRNCC).
Contaminants — shall mean any foreign material, solid or liquid, not common to
the potable water supply which makes the water unfit or undesirable for human or
animal consumption.
Contamination — means the admission of contaminants into the potable water
supply system.
Cross -connection — shall mean any connection, physical or otherwise, between a
potable water supply system and any plumbing fixture or any tank, receptacle,
equipment or device, through which it is possible for any non -potable, used, unclean,
polluted and contaminated water, or other substances, to enter into any party of such
potable water system under any condition or set of conditions.
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ORDINANCE NO. 1107
Customer Service Inspection — shall mean an inspection designed to inspect and
detect any actual or potential cross -connection hazards and/or exceed of the lead action
level in solder or flux, pipe or pipe fittings.
Degree of hazard — shall mean the low or high hazard classification that shall be
attached to all actual or potential cross -connections as follows:
a. Health hazard — means an actual or potential threat of contamination of a
physical or toxic nature to the public potable water system or the
consumer's potable water system that would be a danger to health.
b. High hazard — means the classification assigned toa n actual or potential
cross -connection that potentially could allow a substance that may cause
illness or death to backflow into the potable water supply.
c. Low hazard — means the classification assigned to an actual or potential
cross -connections that potentially could allow a substance that may be
objectionable but not hazardous to one's health to backflow into the
potable water supply.
d. Pollution hazard — means an actual or potential threat to the physical
properties of the water system or the potability of the public or the
consumer's potable water system but which would not constitute a health
or system hazard, as defined. Maximum degree of intensity of pollution
which the potable water system could be degraded under this definition
would cause a nuisance or be aesthetically objectionable or could cause
damage to the system or its appurtenances.
e. System hazard — means an actual or potential threat of severe danger to
the physical properties of the public or consumer's potable water supply or
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ORDINANCE NO. 1107
of a pollution or contamination that would have a detrimental effect on the
quality of the potable water in the system.
Director — shall mean the City Manager, the City Manager's designated Water
Utilities Manager, or his designee who is vested with the authority and
responsibility for the implementation of an effective cross -connection control
program and for the enforcement of the provisions of this ordinance.
Double Check detector backflow prevention assembly or double check detector
or DCDA — shall mean an assembly composed of a Tine -sized approved double check
assembly with a bypass containing a specific water meter and an approved double
check valve assembly. The meter shall register accurately for very low rates of flow.
Fireline Tester— shall mean a tester who is employed by a state approved fireline
contractor and is qualified to test backflow prevention assemblies on firelines only.
General Tester— shall mean a tester who is qualified to test backflow prevention
assemblies on any domestic, commercial, industrial or irrigation service except firelines.
Mobile unit — shall mean any operation, which may have the potential to
introduce contaminants into a potable water system from a mobile source. These
include, but are not limited to, carpet -cleaning vehicles, water -hauling vehicles, street -
cleaning vehicles, liquid -waste vehicles, power -wash operations and pest -control
vehicles.
Non-residential use — shall mean water used by any person other than a
residential customer of the water supply and include all uses not specifically included in
"residential uses" as defined in the city zoning ordinance.
Person — shall mean any individual, partnership, associations, corporations,
firms, clubs, trustees, receivers, and bodies politic and corporate.
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ORDINANCE NO. 1107
Point -of -use -isolation — shall mean the appropriate backflow prevention within the
consumers' water system at the point at which the actual or potential cross -connection
exists.
Potable water supply — shall mean any water supply intended or used for human
consumption or other domestic use.
Premises — shall mean any piece of property to which water is provided,
including improvements, mobile structures, and structures located on it.
Premises Isolation — shall mean the appropriate backflow prevention at the
service connection between the public water system and the water user.
Pressure vacuum breaker backflow prevention assembly or pressure vacuum
breaker or PVB — shall mean an assembly which provides protection against
backsiphonage, but does not provide adequate protection against backpressure
backflow. The assembly is a combination of a single check valve with an AVB and can
be used with downstream resilient seated shutoff valves. In addition, the assembly has
suction and discharge gate valves and resilient seated test cocks which allows the full
testing of the assembly.
Public water system or system — shall mean any public or privately owned water
system, which supplies water for public domestic use. The system will include all
services, reservoirs, facilities, and any equipment use in the process of producing,
treating, storing, or conveying water for public consumption.
Reduced Pressure principle backflow prevention assembly or reduced pressure
principle assembly or RP assembly or RP — shall mean 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 and at the same time below the first check valve. The assembly shall include
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ORDINANCE NO. 1107
properly located resilient seated test cocks and a tightly closing resilient seated shutoff
valve the end of the assembly.
Reduced pressure principle detector backflow prevention assembly or reduced
pressure detector or RPDA — shall mean an assembly composed of a line -size
approved reduced principle assembly with a bypass containing a specific water meter
and an approved reduced pressure principle backflow prevention assembly. The meter
shall register accurately for very low rates of flow.
Representative of the water system — shall mean a person designated by the City
of Pearland to perform cross -connection control duties that shall include, but are not
limited to, cross -connection inspections and water use surveys.
Residential use — shall mean water used by any residential customer of the water
supply and include single family dwelling, duplexes, multiplex, housing and apartments
where the individual units are each on a separate meter; or, in cases where two or more
units are served by one meter, the units are full-time dwellings.
Service connection — shall mean the point of delivery which the water purveyor
losses control of the water.
Spill -resistant pressure vacuum breaker or SVB — shall mean an assembly
containing an independently operating, internally loaded check valve. This assembly is
to be equipped with a properly located resilient seated test cook and tightly closing
resilient seated shutoff valves attached at each end of the assembly.
Tester — shall mean a person that is a certified backflow prevention assembly
technician approved by an registered with the city and the TCEQ.
Thermal expansion — shall mean heated water that does not have the space to
expand.
TECQ — shall mean the Texas Commission on Environmental Quality
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ORDINANCE NO. 1107
Used Water — shall mean water supplied by a public water system to a water
user's system after it has passed through the service connection.
Water Use Survey — shall mean a survey conducted or caused to be conducted
by the local authority designed to identify any possible sources' of contamination to the
potable water supply.
Sec. 30-113 Right -of -Way Encroachment
No person shall install or maintain a backflow prevention assembly upon or within
any city right-of-way except as provided in this section.
a. A backflow prevention assembly required by the city may be installed
upon or within any city right-of-way only if the owner proves to the city that there is no
other feasible location for installing the assembly, install it in the right-of-way will not
interfere with traffic or utilities, (and obtains a permit form the City). The city retains the
right to approve the location, height, depth, enclosure, and other requisites of the
assembly prior to its installation.
b. All permits and inspections required by the City Code to perform work in
the right-of-way shall be obtained.
c. The city shall not be liable for any damage done to or caused by an
assembly installed in a right-of-way.
d. A property owner shall, at the request of the city and at the owner's
expense, relocate a backflow prevention assembly which encroaches upon any city
right-of-way when such relocation is necessary for street or utility construction or repairs
for purposes of public safety.
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ORDINANCE NO. 1107
e. A person commits an offense if he/she fails to relocate a backflow
prevention assembly located in or upon any city right-of-way after receiving a written
order from the regulatory authority.
Sec. 30-114 Multiple Connections
Any premises requiring multiple service connections for adequacy of supply
and/or fire protection will be required to install a backflow assembly on each of the
additional service lines to the premises. The type of assembly will be determined by the
degree of hazard that could occur in the event of an interconnect between any of the
buildings on the premises.
Sec. 30-115 Protection required; installation.
a. The backflow prevention assembly protection which is required under this
ordinance shall be any of the duly nationally recognized and authorized backflow
prevention assemblies listed in a State of Texas approved Plumbing Code, or as
determined by the regulatory authority. Each backflow prevention assembly must have
been approved by the regulatory authority prior to installation. Failure to obtain such
approval prior to installation of the backflow prevention assembly may result in the
backflow prevention assembly failing to meet final approval by the regulatory authority.
The City shall determine the type and location of backflow assembly to be installed
within the area served by the City of Pearland. The assembly will be required in each of
the following circumstances, but 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 potable water supply.
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ORDINANCE NO. 1107
2. Premises having any one or more cross -connections and the cross-
connection(s) is protected by an atmospheric vacuum breaker device
(AVB).
3. Internal cross -connections are present that are not correctable.
4. Intricate plumbing arrangements that are present which make it
impractical to ascertain whether cross -connections exist.
5. There is unduly restricted entry so that inspections for cross -connections
cannot be made with sufficient frequency to assure that cross -connections
do not exist.
6. Installation of an approved backflow prevention assembly is deemed to be
necessary to accomplish the purpose of these regulations in the judgment
of the city.
7. An appropriate cross -connection survey report form has not been filed
with the Public Works/Water Production Department of the City of
Pearland upon request of the city.
8. A fire suppression system that is connected to the City's water system.
9. All new construction if deemed necessary in the customer service
inspection. The type of assembly requires will be determined by the
degree of hazard.
10. When a building is constructed on commercial premises, and the end use
of such building is not determined or could change, a reduced pressure
principle backflow prevention assembly may be installed at the service
connection that supplies water for public domestic use.
11. Any used water return system.
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ORDINANCE NO. 1107
12. In the event a point -of -use assembly has not had the testing or repair
done as required by this ordinance, a premises isolation assembly will be
required.
13. If it is determined that additions or alterations have been made to the
plumbing system without obtaining proper permits, premises isolation may
be required.
14. All multistory buildings or any building with a booster pump or elevated
storage tank.
15. Retrofitting will be required on all high hazard connections and wherever
else the city deems necessary to retrofit.
b. All backflow prevention assemblies installed after the effective date of this
ordinance shall be installed in a manner designed to facilitate ease of inspection by the
city. Any currently installed backflow prevention assemblies which, are located in
inaccessible locations, or where the tester is subject to physical danger shall be
relocated to approved locations following current national guideline standards.
Sec. 30-116 Testing of Assemblies
a. All backflow prevention assemblies shall be inspected and tested or
caused to be inspected and tested by a certified backflow prevention assembly
technician in each of the following circumstances:
1. Immediately after installation;
2. Whenever the assembly is moved;
3. A minimum of once a year;
4. Premises that have been vacated and unoccupied for one year,
prior to re -occupancy;
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ORDINANCE NO. 1107
5. Immediately after repairs.
b. All assembly testing shall be performed by a state certified backflow
prevention assembly tester, approved by the regulatory authority.
c. Duly authorized employees of the city bearing proper credentials and
identification are entitled to enter any public or private property at any reasonable time
for the purpose of enforcing this ordinance. Persons and occupants of premises which
are provided water service by the city, either directly or indirectly, shall allow the city or
its representatives ready access at all reasonable times to all parts of the premises for
the purposes of inspection, testing, records, examination, or in the performance of any
of their duties. Where persons or occupants of premises have security measures in
force which would require proper identification and clearance before entry into their
premises, the persons and occupants of the premises shall make necessary
arrangements with their security guards so that upon presentation of suitable
identification, personnel from the city will be permitted to enter, without delay, for the
purpose of performing their specific responsibilities.
d. The city is not liable for damage to a backflow prevention assembly, which
may occur during testing.
e. A water use survey may be conducted at any establishment located in the
city which is served by a public water supply or which provides water to the public.
Upon determination that the establishment falls under the provisions of this ordinance
and requires a backflow prevention assembly, a notice to abate the condition or to
install the proper backflow prevention assembly shall be issued.
f. It is the responsibility of the person who owns or controls property to have
all assemblies tested in accordance with this ordinance. Assemblies may be required to
be tested more frequently if the regulatory authority deems necessary.
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ORDINANCE NO. 1107
Sec. 30-117 Thermal Expansion
It is the responsibility of any person who owns or controls property to eliminate
the possibility of thermal expansion, if a closed system has been created by the
installation of a backflow assembly.
Sec. 30-118 Pressure Loss
Any reduction in water pressure caused by the installation of a backflow
assembly is not the responsibility of the city.
Sec. 30-119 Residential Service Connections
Any person who owns or controls any residential property which has been
determined to have an actual or potential cross -connection will be requires to eliminate
the actual or potential cross -connection or have an approved backflow assembly
installed in accordance with this ordinance.
Sec. 30-120 Rental Properties
Any person who owns or controls property is responsible for the installation,
testing and repair of all backflow assemblies on their property.
Sec. 30-121 Customer Service Inspection
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ORDINANCE NO. 1107
a. Pursuant to TCEQ Water Systems Regulation, a customer service
inspection for cross -connection control shall be completed by the City prior to providing
continuous water service in each of the following circumstances:
1. Water service to a newly constructed facility or previously non -existing
premises.
2. After any material improvement to building(s) or premises.
3. Any correction or addition to the plumbing of any facility or premises.
4. The City deems it necessary.
b. Permanent water service shall not be supplied to a new construction
facility(s) until after the customer service inspection is completed.
c. Temporary water service which poses a potential cross -connection threat
to the potable water supply shall be protected by an approved backflow prevention
assembly.
Sec. 30-122 Installation Guidelines and Requirements for Backflow Prevention
Assemblies
a. General — to ensure proper operation and accessibility of all backflow
prevention assemblies, the following national guideline requirements shall apply to the
installation of these assemblies.
1. Backflow prevention assemblies shall be installed in accordance with
the current TCEQ Rule and these regulations. The assembly installer
must obtain the required plumbing permits and have the installation
inspected by the City.
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ORDINANCE NO. 1107
2. At facilities which require a backflow prevention assembly to be
installed at the point of delivery of the water supply, such installation of
the assembly must be before any branch in the line and on private
property located just inside the boundary between the city right-of-way
and the landowner's property. The city may specify other areas for
installation of the assembly. Assemblies that must be installed or are
located on the city rights -of -way are the responsibilities of the business
or entity that the water line is serving.
3. The assembly must be protected from freezing and other severe
weather conditions.
4. All backflow prevention assemblies shall be of a type and model
approved by the city.
5. All vertical installation of backflow assemblies must have prior approval
by the city.
6. Assemblies that are larger than 4 inches and installed more that 5 feet
above floor level must have a suitable platform for use by testing or
maintenance personnel.
7. Bypass lines are prohibited. Pipefittings which could be used for
connecting a bypass line must not be installed.
8. Premises where and uninterrupted water supply is critical should be
provided with two assemblies installed in parallel. They should be
sized in such a manner that either assembly will provide the maximum
flow required.
9. Lines should be thoroughly flushed prior to installation. A strainer with
blowout tapping may be required ahead of the assembly.
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ORDINANCE NO. 1107
10. All facilities that require continuous, uninterrupted water service and
are required to have a backflow assembly must make provisions for
the parallel installation of assemblies of the same type so that testing,
repair and maintenance can be performed.
11. The property owner assumes all responsibility for any damages
resulting from installation, operation, and/or maintenance of a backflow
assembly. The owner shall be responsible for keeping all backflow
prevention assembly vaults reasonably free of silt and debris.
12. Upon completion of installation, the City shall be notified and all
assemblies must be inspected and tested. All assemblies must be
registered with the City and shall provide the date of installation,
manufacturer, model, type, size, serial number of the backflow
assembly, and initial test report.
b. Reduced pressure principle backflow prevention assemblies (RP's) — may
be utilized at premises where a substance is handled that would be hazardous to health
if introduced into the potable water system. The RP is normally used in locations where
any air gap is impractical. The RP shall be effective against both backsiphonage and
backpressure.
1. RP's must be sized to provide an adequate supply of water and
pressure for the premises being served Flow characteristics are not
standard. Consult manufacturer's specifications for specific
performance data.
2. The assembly must be readily accessible for testing and maintenance
and must be located in an area where water damage to building or
furnishing would not occur from relief valve discharge. The property
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ORDINANCE NO. 1107
owner assumes all responsibility for any damage caused by water
discharge from an RP assembly. An approved air gap shall be located
at the relief valve orifice of RP assemblies.
3. No part of a reduced pressure principle backflow prevention assembly
shall be submerged in water or installed in a location subject to
flooding. RP's are typically installed above grade in well drained
areas, but may be installed below grade (ground level) if a boresight
drain to daylight, is provided. The drain shall be of adequate capacity
to carry the full rated flow of the assembly and shall be screened on
both ends.
4. Enclosures shall be designed for ready access and sized to allow for
the minimum clearances established below. Removable protective
enclosures are typically installed on the smaller assemblies. Daylight
drain ports must be provided to accommodate full pressure discharge
from the assembly.
5. Assemblies 2 inches and smaller shall have at least 6-inch clearance
on both sides and on top of the assembly, and 12 inches below and
behind the assembly. All assemblies larger that 2 inches shall have a
minimum of 12 inches on the back side, 24 inches on the test cock
side, and the relief valve opening shall be at least 12 inches plus
normal size of assembly above the floor or highest possible water
level. Headroom of 6 feet 0 inches is required in vaults without a fully
removable top. A minimum access opening of 36 inches is required on
all vault lids.
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ORDINANCE NO. 1107
6. All RP assemblies must be tested in accordance with this ordinance.
Tests are the responsibility of the assembly owner. The owner must
notify the City upon installation of any backflow prevention assembly.
7. Variances from these specifications will be evaluated on a case -by -
case basis. Any deviations must have prior written approval of the
City.
c. Reduced pressure principle detector backflow prevention assemblies
(RPDA) — may be utilized in all installations requiring a reduced pressure principle
backflow prevention assembly and detector metering.
1. RPDAs shall comply with the installation requirements applicable for
reduced pressure principle backflow assemblies (RP).
2. The line -size RP assembly and the by pass RP assembly must each
be tested. A separate test report for each assembly must be
completed by the certified tester.
d. Double check valve backflow prevention assemblies (DC) — may be
utilized at premises where a substance is handled that would be objectionable but not
hazardous to health if introduced into the potable water system.
1. DC's must be sized to provide an adequate supply of water and
pressure for premises being served. Consult manufacturer's
specification for specific performance data.
2. Premises where an uninterrupted water supply is critical should be
provided with two assemblies installed in parallel. Assemblies should
be sized in such a manner that either assembly will provide the
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ORDINANCE NO. 1107
minimum water requirements while the two together will provide the
maximum flow required.
3. The assembly shall be readily accessible with adequate room for
testing and maintenance. DC's may be installed below grade,
providing all test cocks are fitted with brass pipe plugs. All vaults shall
be well drained, constructed of suitable material, and sized to allow for
the minimum clearances established below.
4. Assemblies 2 inches and smaller shall have at least 6-inch clearance
below and on both sides of the assembly, and if located in a vault, the
bottom of the assembly shall be not more than 24 inches below grad.
All assemblies larger than 2 inches shall have a minimum clearance of
12 inches on the back side, 24 inches on the test cock side, and 12
inches below the assembly. Headroom of 6 feet 0 inches is required in
vaults without a fully removable top. A minimum access opening of 36
inches is required on all vault lids. "y" pattern double check valve
assemblies shall be installed so that the checks are horizontal and the
test cocks face upward. These clearance standards apply to all
assemblies installed in vaults, enclosures, and meter boxes.
5. Vertical installations of DCs are allowed on sized up to and including 4
inches that meet the following requirements:
a. Internally spring -loaded check valves;
b. Flow is upward through assembly;
c. Manufacturer state their assembly can be used in a vertical
position;
d. Approved by Director.
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ORDINANCE NO. 1107
6. All DC's must be tested in accordance with this article. Tests are the
responsibility of the assembly owner. The owner must notify the
regulatory authority upon installation of any backflow prevention
assembly.
7. Variances from these specifications will be evaluated on a case -by -
case basis. Any deviations must have prior written approval of the
City.
(d) Double check detector backflow prevention assemblies (DCDA) — may be
utilized in all installations requiring a double check valve assembly and detector
metering.
(1) DCDA's shall comply with the installation requirements applicable for
double check valve assemblies (DCs)
(2) The line -sized DC assembly and the bypass DC assembly must each
be tested. A separate test report for each assembly must be
completed by the certified tester.
(e) Pressure vacuum breaker backflow prevention assemblies (PVB) — may be
utilized at point -of -use protection only and where a substance is handled that would be
objectionable but not hazardous to health if introduced into the potable water system.
PVBs protect against backsiphonage only and shall not be installed where there is
potential for backpressure.
(1) Assembly shall be installed a minimum of 12 inches above highest
downstream piping.
(2) PVBs shall not be installed in an area subject to flooding or where
damage would occur from water discharge.
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ORDINANCE NO. 1107
(f)
(3) The assembly shall be readily accessible for testing and
maintenance, with a minimum clearance of 12 inches all around the
assembly.
(4) All PVBs must be tested in compliance with this article. Test are the
responsibility of the assembly owner. The owner must notify the
regulatory authority installation of any backflow prevention assembly.
(5) Variances from these specifications will be evaluated on a case by
case basis. Any deviations must have prior written approval of the
regulatory authority.
Spill resistant pressure vacuum breaker backflow prevention assemblies
(SVB) — may be utilized in all installations requiring a pressure vacuum breaker. SVBs
shall comply with the installation requirements applicable for pressure vacuum breaker
backflow prevention assemblies.
Sec. 30-123 Air Gap Separation
Air gaps provide maximum protection from backflow hazards and should be
utilized at all locations where "high" hazardous substances are at risk of entering the
potable water system.
(a) An air gap separation shall be at least twice the diameter of the supply
pipeline measured vertically above the top rim of the receiving vessel and in no case
less that 1 inch. If splashing is a problem, tubular screens may be attached or the
supply line may be cut at a 45 E angle. The air gap distance is measured from the
bottom of the angle. Hoses are not allowed.
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ORDINANCE NO. 1107
(b) Air gap separations shall not be altered in any way without prior approval
from the regulatory authority and must be available for inspection at all reasonable
times.
(c) Side wall, ribs or similar obstructions do not affect air gaps when spaced
from inside edge of the spout opening a distance greater that three times the diameter
of the effective opening for a single, or a distance greater that four times the effective
opening for two intersecting walls.
Sec. 30-124 Fire Suppression Systems
All new installation of fire suppression system which utilize the city's potable
water supply shall have installed an approved backflow prevention devices according to
the degree of hazard.
An approved double check device backflow prevention assembly (DCD) or
reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire
sprinkler systems using piping material that is not approved for potable water use and/or
that does not provide for periodic flow -through during each twenty-four (24) hour period,
unless a variance has been issued in writing from the City. A (RPDA) must be installed
if any solution other than the potable water can be introduced into the sprinkler system.
(a) It is the responsibility of all property owners and persons in charge of any
premises to abide by the conditions of this ordinance. In the even of any changes to the
plumbing system, it is the responsibility of the property owners to notify the regulatory
authority. All costs associated with this article and the purchase, installation, testing
and repair of a (DCDA) or (RPDA) devices is the responsibility of the property owner
and persons in charge of any premises.
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ORDINANCE NO. 1107
(b) Upon the approved installation of the (DCDA) or (RPDA) device, a cross -
connection test report completed by a licensed fireline tester must be sent to the
attention of the City and include the information required by this ordinance.
Sec. 30-125 Fire Hydrant Protection
An approved double check device backflow prevention assembly (DCD) or
reduced pressure detector assemblies (RPDA) shall be the minimum protection for fire
hydrant water meters which are being used for a temporary water supply during any
construction or other uses which would pose a potential hazard to the public water
supply. A (RPDA) must be installed if any solution other that the potable water can be
introduced into the sprinkler system.
(a) It is the responsibility of all persons engaging in the use and rental of a fire
hydrant water meter to abide by the conditions of this ordinance. All fire hydrant water
meter rentals shall meet the current requirements as provided for by the City.
(b) Only City of Pearland fire hydrant water meters with approved backflow
prevention assemblies are allowed to be used within the city limits.
(c) A refundable deposit is requires to insure the return of all water meter and
backflow assemblies to the City. Failure to return the assemblies can result in the
forfeiture of deposit and/or enforcement action being taken against the responsible
party, as allowed for in the penalty section of this ordinance. (See Fees)
(d) All non approved fire hydrant meters which are found to be in used in the City
of Pearland will be confiscated and enforcement section in this ordinance.
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Sec. 30-126 Responsibilities of Property Owner.
(a) It is the responsibility of all property owners and/or persons in charge of any
premises to abide by the conditions of this article and to comply with the following:
(1) Payment of all costs associated with this ordinance and the
purchase, installation, testing and repair of backflow prevention
assemblies.
(2) Install and maintain all backflow prevention assemblies in
accordance with this article and acceptable industry practice.
(3) All commercial establishments shall cause to have all backflow
prevention assemblies on their premises tested annually. Such
testing must be conducted by a certified cross -connection tester who
is registered with the city.
(4) Maintain all backflow prevention assemblies in proper working order
at all times, including repair as required.
(5) Maintain all backflow prevention assemblies in a manner, which
allows them to be tested by a method that has been approved by the
regulatory authority.
(6) All records related to backflow prevention assembly installation,
testing and repair shall be maintained on the premises for a minimum
of three (3) years.
(b) Certified backflow prevention assembly tester — shall comply with the
following requirements:
(1) Annually register with the regulatory authority.
(2) Maintain testing equipment in proper working condition/calibration.
(3) Maintain the design or operation characteristics of an assembly.
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(4) Ensure that devices are tested according to accepted industry
practice and TCEQ regulations.
(5) Enter required testing data, including test gauge serial numbers, on
cross -connection test forms obtained from the regulatory authority.
(6) Report test results to the regulatory authority within thirty (30) days of
testing.
(7) Provide a copy of the completed test report to the property owners
and/or persons in charge of any premises.
(8) Maintain testing and/or repair records for a minimum of three (3)
years.
Sec. 30-127 Backflow prevention assembly tester certification — registration
required
Only approved TCEQ licensed backflow prevention assembly testers can test
backflow prevention assemblies in the City of Pearland. Testers must register annually
with the City, provide proof of TCEQ certification, and provide proof that testing
equipment is able to maintain a calibration of plus or minus 0.2 psid accuracy and pay
an annual, non-refundable, tester registration fee.
Sec. 30-128 Compliance for Lawn Irrigation
(a) For all lawn irrigation system installation a permit shall be required. Such
permit shall be issued by the building inspection department. Installation requirements
must comply with the current city plumbing code and or guidelines for the appropriate
device found in this ordinance. Interconnections of the potable water supply with an
alternate water source is prohibited. High hazard backflow protection devices must be
installed if any mechanical injection stations are used with the irrigation system.
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Sec. 30-129 Mobile Units
(a) The connection of a mobile unit to any potable water system is prohibited
unless such connection is protected by an air gap or an approved backflow prevention
assembly. Prior approval and annual device testing of any backflow prevention
assembly must be received from the city before connecting to any potable water
system.
Sec. 30-130 Enforcement
(a) This ordinance shall be enforced by the City Manager or the manager's
designated representatives or employees.
(b) The City shall inspect or cause to be tested, all backflow prevention
assemblies installed pursuant to the requirements of this article. For new facilities,
permanent water service shall not be provided until all backflow prevention assemblies
have been tested and are optional. Except in cases where the testing of backflow
prevention assemblies must be delayed until the installation of internal production or
auxiliary equipment, the regulatory authority shall not approve a certificate of occupancy
until all backflow prevention assemblies have been tested and are operational. The city
shall not be liable for damage caused to any backflow prevention assembly as a result
of the inspection or testing.
(c) Violations
(1) A person commits an offense if there is failure to maintain backflow
prevention assemblies in compliance with this section.
(2) A person commits an offense if there is failure to comply with a repair
order issued by the City.
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(3) A person commits an offense if backflow from premises owned,
operated or managed by the person enters the public water supply
system.
(4) A person commits an offense if there is failure to pay any fees
required by this article.
(5) A person commits an offense by violating any section of this article.
(6) A person commits an offense if discontinued or disconnected water
service to premises under this article is reinstated except as directed
by the City.
(7) A person in charge of any facility commits an offense by allowing an
unregistered tester to perform testing work at their establishment.
(8) A person commits an offense by testing backflow prevention
assembly within the city without being registered with the regulatory
authority.
(9) A person commits an offense by testing backflow prevention
assembly within the city without being certified by the TCEQ.
(d) Penalty
(1) A person who violates any provision of this ordinance is guilty of a
misdemeanor and upon conviction is punishable as set forth in Sec.
1-11 of the City Code of Ordinance, for each violation and for each
day or part of a day during which the violation is committed,
continued or permitted.
(2) In addition to proceeding under the authority of subsection (b) (1) of
this section, the city is entitled to pursue all other criminal and civil
remedies to which is entitled under authority of statues or other
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ordinances against a person committing any violation of this
ordinance including injunction and civil penalties.
(e) Sanction for failure to pay inspection fees — in addition to sanction
provided for by this article, the city is entitled to exercise sanctions provided for by other
ordinances of the city.
(f) A certified testers' registration may be reviewed and revoked by the city if
it is determined that the tester:
(1) Has falsely, incompletely, or inaccurately reported assembly reports;
(2) Has used inaccurate gauges;
(3) Has used improper testing procedures; or
(4) Has created a threat to public health or the environment
Sec. 30-131 Deposit Fee For Fire Hydrant Water Meter With Backflow Prevention
Device:
There shall be a refundable upon return; rental deposit fee for fire hydrant water
meters with backflow prevention devices of seven hundred twenty five dollars (725.00).
There shall be no additional charges by the City for testing conducted by "private
contractors."
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
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separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Publication and Effective Date. The City Secretary shall cause
this Ordinance, or its caption and penalty, to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall then
become effective ten (10) days from and after its publication, or the publication of its
caption and penalty, in the official City newspaper.
Section 7. Emergency. The Council finds and determines that the need to
regulate cross -connection and backflow prevention inures to the benefit of the traveling
public and, therefore, bears directly upon the health, safety and welfare of the citizenry;
and that this separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
PASSED and APPROVED ON FIRST AND ONLY READING this the 12th day of May,
A. D., 2003.
c.,.._..1
TOM REID
MAYOR
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ORDINANCE NO. 1107
ATTEST:
Y
ETAR
APPROVED AS TO FORM:
DARRIN M. COKER
VOTING RECORD FIRST AND ONLY READING
MAY 12, 2003
Voting "Aye' — Councilmembers Tetens, Viktorin,
Owens, Marcott, and Seeger.
Voting "No" — None.
Motion passes 5 to 0.
PUBLICATION DATE: May 14, 2003
EFFECTIVE DATE: May 24, 2003
PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS
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