HomeMy WebLinkAboutOrdinance - 10208-1999 - Amending Chapter 6 Adding New Sections 6-85.8, 6-85.8.1, 6-85.8.2, 6-85.8.3 - 10/14/1999First Reading
Oct. 14, 1999
Item No. 27
ORDINANCE NO. _1_0_20_8 ___ _
Second Reading
Oct. 28, 1999
Item No. 15
AN ORDINANCE AMENDING CHAPTER 6 OF TI-IE CODE OF
ORDJNACES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING NEW SECTIONS
6-85.8, 6-85.8.1, 6-85.8.2. AND 6-85.8.3 WITH REGARD TO AMEMDMENT OF THE
1997 INTERNATIONAL PLUMBING CODE IN ORDER TO MEET LOCAL
CONDITIONS RELATING TO BACKFLOW PREVENTION; PROVIDING A
PENALTY CLAUSE; A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION
WHEREAS, THE City of Lubbock has adopted the 1997lnternational Plumbing
Code and it is necessary to establish an ordinance governing backflow prevention in
conjunction with the adopted codes.
WHEREAS, it is in the best interest of the citizens and the City's water utilities
division to protect the public water supply of the City of Lubbock from the possibility of
contamination or pollution by isolating within the customer's internal distribution system
(s) or the customer's private water supply system(s) such contaminants or pollution that
could backflow into the public water system; and to promote the elimination or control of
existing cross connections, actual or potential, between the customer's in-plant potable
water system(s) and non-potable water systems, plumbing fixtures, and industrial piping
systems; and. to provide for the maintenance of a continuing program of cross-
connection control that will systematically and effective!} pre\·ent the contamination of
the City of Lubbock's public water supply system(s).
WHEREAS, the City Council ofthe City of Lubbock, Texas, deems it to be in
the best interest of the health, safety and welfare of the citizens of the City of Lubbock to
make the following amendment to Chapter 6 of the Code of ordinances of the City of
Lubbock;
NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
SECTION 1. TI-IAT the Code of Ordinances of the City of Lubbock, Texas, BE
and is hereby amended by adding a new Section to be entitled Section 6-85.8, which
Section shall read as follows:
Definitions:
(1) Water Purveyor shall mean the Director in charge of the water department
of the City ofLubbock is invested with the authority and responsibilit) for the
implementation of an effective cross-connection control program and for the enlorcement
of the provisions of this ordinance.
(2) Approved shall mean accepted by the authority responsible as meeting an
applicable specification stated or cited in this ordinance or as suitable for the proposed
use.
(3) Auxiliary Water Supply any water supply on or available to the premises
other than the purveyor's approved public water supply. These auxiliary waters may
include water from another purveyor's public water supply or any natural source(s), such
as a well, spring, river or stream or used waters: or industrial fluids. These waters may be
contaminated or polluted, or they may be objectionable and constitute an unacceptable
water source over which the water purveyor does not have sanitary control.
(4) Backflow shall mean the undesirable reversal of flow in a public water
distribution system as a result of a cross connection.
(5) Backpressure shall mean a pressure, higher than the supply pressure,
caused by a pump, elevated tank, boiler, or any other means that may cause backflow.
(6) Bachiphonage shall mean backflow caused by negative or reduced
pressure in the supply piping.
(7)
backflow.
Backjlow Prevenler shall mean an assembly or means designed to prevent
(7. 1) Air gap shall mean the unobstructed vertical distance through the
free atmosphere between the lowest opening from any pipe or faucet conveying
water or waste to a tank, plumbing, t1xture, receptor, or other assembly and the
flood level rim of the receptacle. These vertical, physical separations must be at
least twice the diameter of the water supply outlet and never less than 1 in.
(25mm).
(7.2) Reduced-pressure back/low-prevention assemblr shall mean the
approved reduced-pressure principle backflow-prevention assembly consisting of
two independently acting approved check valves together with a hydraulically
operating, mechanically independent pressure differential relief valve located
between the check valves und below the first check valve. These units are located
between two tightly closing resilient-seated shutoff valves as un assembly and
equipped with properly located test cocks.
(7.3) Double check valve as~·embly shall mean the approved double
check valve assembly consisting of two internally loaded check valves, either
spring loaded or internally weighted, installed as a unit between two tightly
closing resilient-seated shutoff valves and fittings with properly located resilient-
seated test cocks. This assembly shall only be used to protect against a nonhealth
hazard (that is, a pollutant).
(8) Conlamination shall mean an impairment of a public water supply by the
introduction or admission of any foreign substance that degrades the quality and creates a
health hazard.
(9) Cross Connection shall mean a connection or potential connection
between any part of a public water system and any other environment containing other
substances in a manner that, under any circumstances would allow such substances to
enter the public water system. Other substances may be gasses. liquids. or solids, such as
chemicals, waste products, steam, water from other sources (potable or nonpotable), or
any matter that may change the color or add odor to the water.
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(l O) Cross Connections Controlled shall mean a connection between a public
water system and a nonpublic water system with an approved backflow-prevention
assembly properly installed and maintained so that it will continuously afford the
protection commensurate with the degree of hazard.
( 11) Cross-Connection Control by Containment shall mean the installation of
an approved backflow-prevention assembly at the water service connection to any
customer's premises, where it is physically or economically unfeasible to find and
pennanently eliminate or control all actual or potential cross connections within the
customer's water system; or it shall mean the installation of an approved backflow-
prevention assembly on the service line leading to and supplying a portion of a
customer's water system where there are actual or potential cross connections that cannot
be effectively eliminate or controlled at the point of the cross connection.
( 12) Degree of Hazard shall mean a term that is derived from an evaluation of
the potential risk to public health and the adverse effect of the hazard upon the potable
water system.
(12.1) Health Hazard shall mean a cross connection or potential
cross connection involving any substance that could, if introduced in the public water
supply, cause death, illness, spread, disease, or have a high probability of causing such
effects.
( 12.2) Plumbing Hazard shall mean a plumbing-type cross
connection in a consumer's potable water system that has not been properly protected by
an approved air gap or an approved backflow-prevention assembly.
(12.3) Nonhealth Hazard shall mean a cross connection or
potential cross connection involving any substance that generally would not be a health
hazard but would constitute a nuisance or be aesthetically objectionable, if introduced
into a public water supply.
(12.4) System Ha::.ard shnll mean an actual or potential threat of
severe damage to the physical prope11ies of the public water system or the consumer's
potable water system or of a pollution or contamination that would have a protracted
effect on the quality of the potable water in the system.
(13) industrial Fluids System shall mean any system containing a tluid or
solution that may be chemically, biologically. or otherwise contaminated or polluted in a
form or concentration, such as would constitute a health, system, pollution, or plumbing
hazmd, if introduced into an public water supply. This may include, but not be limited
to: polluted or contaminated waters; all types of process waters and used waters
originating from the public water system that may have deteriorated in sanitary quality;
chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected
to an open cooling tower; andtor cooling towers that are chemically or biologically
treated or stabilized with toxic substances; contaminated natural waters, such as well.s,
springs or streams, rivers so forth; oils, gases, glycerin, paraffin, caustic and acid
solutions, and other liquid and gaseous fluids used in industrial or other purposes
including for fire-fighting purposes.
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(14) Pollution shall mean the presence of any foreign substance in water that
tends to degrade its quality so as to constitute a nonhealth hazard or impair the usefulness
of the water.
(15) Water-Potable shall mean water that is safe for human consumption as
described by the public health and state authority having jurisdiction.
(16) Water-Nonpotable shall mean water that is not safe for human
consumption or that is of questionable quality.
( 17) Service Connect ;on shall mean the terminal end of a service connection
from the public potable water system, that is, where the water purveyor loses jurisdiction
and sanitary control over the water at its point of delivery to the customer's water system.
If a meter is installed at the end of the service c01mection, then the service connection
shall mean the downstream end of the meter. Service coru1ection shall also include
water service connection from a fire hydrant and all other temporary or emergency water
service connections from the public potable water system.
(18) Water-Used shall mean any water supplied by a water purveyor from a
public water system to a consumer's water system after it has passed through the point of
delivery and is no longer under the sanitary control of the water purveyor.
SECTION 2. THAT the Code of Ordinances of the City of Lubbock, Texas, BE
and is hereby amended by adding a new Section to be entitled Section 6-85.8.1, which
Section shall read as follows:
Section 6-85.8.1. Responsibilities of Water Purveyor.
The water purveyor shall be responsible for the protection of the public water
distribution system from contamination or pollution due to the backflow of contaminants
or pollutants through the water service connection.
If, in the judgement of the water purveyor an approved back±low-prevention
assembly is required at the customer's water service cotmection: or. within the
customer's private water system for the safety of the public water system, the water
purveyor or the designated agent shall give notice in \vriting to said customer to install an
approved backflow-prevention assembly(s) at specific location(s) on the customer's
premises.
The customer shall install such approved assembly(s) at his/her expense: and depending
on the severity of the tlu-eat to the public water supply within the required time frame and
in all instances within thirty (30) days. Failure, refusal or inability on the part of the
customer to install, have tested and maintain the backflow assembly(s) shall be grounds
for discontinuing water service to the premises until such requirements have been meet.
SECTION 3. THAT the Code of Ordinances of the City of Lubbock, Texas. BE
and is hereby amended by adding a new Section to be entitled Section 6-85.8.2, which
Section shall read as follows:
Section 6-85.8.2. Divisions of ResponsibilitY.
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(1) The water system shall be considered to be made up of two parts: the
utility system and the customer system
(2) The utility system shall consist of the source facilities and the distribution
system, and shall include all those facilities of the public water system under the
complete control of the utility up to the point where the customer system begins.
(3) The source shall include all components ofthe faciiities utilized in the
production. treatment, storage and delivery of water to the public through the distribution
system.
{4) The distribution system shall include the network of conduits used for the
delivery water from the source to the customer's system.
(5) The customer's system shall include those parts of the facilities beyond
the termination of the utility distribution system that are con\' eying utility delivered
domestic water to points of use.
SECTION 4. THAT the Code of Ordinances of the City of Lubbock, Texas, BE
and is hereby amended by adding a new Section to be entitled Section 6-85.8.3, which
Section shall read as follows:
Section 6-85.8.3. Inspection and Cross-Connection Abatement.
( 1) No water service connection to any premises shall be installed or
maintained by the water purveyor unless the water supply is protected as required by state
laws and regulations and this ordinance. Service of water to any premises shall be
discontinued by the water purveyor if a backflow prevention assembly required by this
ordinance is not installed, tested, and maintained, or if it is found that a back flow-
prevention assembly has been removed, bypassed, or if an unprotected cross connection
exists on the premises. Service will not be restored until such conditions or defects are
corrected.
(2) The customer's system should be open for inspection at all reasonable
times to authorized representatives of the City of Lubbock to determine whether cross
connections or other structural or sanitary hazards, including violations of these
regulations exist. When such a condition becomes known, the city purveyor shall deny or
immediately discontinue service to the premises by providing for a physical break in the
service until the customer has corrected the condition(s) in conformance with state and
city codes relating to plumbing and water supplies and the regulations adopted pursuant
thereto.
(3) An approved backflow-prevention assembly shall be installed on each
service line to a customer's water system at or near the property line or immediately
inside the building being served; but in all cases, before the first branch line leading off
the service line wherever the following conditions exist
(3.1 In the case of premises having an auxiliary water supply that is not or may
not be of safe bacteriological or chemical quality and that is not acceptable as an
additional source by the water purveyor and'or building official, the public water system
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shall be protected against backflow from the premises by install ing an approved
backflow-prevention assembly in the service line. appropriate to the degree of hazard.
(3 .2) In the case of premises on which any industrial fluids or any other
objectionable substances are handled in such a fashion as to create an actual or potential
hazard to the public water system, the public system shall be protected against backflow
from the premises by installing an approved backflow-prevention ussembly in the service
line, appropriate to the degree of hazard. This shall include the handling of process
waters and waters originating from the utility system that have been subject to
deterioration in quality.
(3.3) In the case of premises having {1) internal cross connections that cannot
be permanently colTected and controlled, or (2) intricate plumbing and piping
arrangements or where entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain whether or not
dangerous cross connections exist, the public water system shall be protected ugainst
backflow from the premises by installing an approved backflow-prevention assembly in
the service line.
{4) The type of protective assembly required under subsections 3.1 , 3 .2, and
3.3 shall depend upon the degree ofhazard that exists as follows:
(4.1) In the case of any premises where there is an auxiliary water supply as
stated in subsection 3.1 of this section and it is not subject to any of the following rules,
the public water system shull be protected by an approved air-gap separation or an
approved reduced-pressure principle backflow-prevention assembly.
( 4.2) In the case of any premises where there is water or substance that would
be objectionable but not hazardous to health, if introduces into the public water system.
the public water system shall be protected by an approved double check valve ussembly.
(4.3) In the case of any premises where there is any material dangerous to
health that is handled in such a fashion as to create an actual or potential hazard to the
public water system, the public water system shall be protected by an approved air-gap
separation or an approved reduced-pressure principle backtlow-prevention assembly.
Examples of premises where these conditions exist include wustewater treatment plants,
wastewater pumping stations, chemical manufacturing plants, hospitals, mortuaries und
plating plants.
( 4.4) In the case of any premises where there are "uncontrolled" cross
connections, either actual or potential, the public water system shall be protected by an
approved air-gap separation or an approved reduced-pressure principal backflow-
prevention assembly at the service connection.
( 4.5) In the case of any premises where, because of security requirements or
other prohibitions or restrictions, it is impossible or impractical to make a complete in-
plant cross-connection survey, the public water system shall be protected against
backflow from the premises by either un approved air-gap separation or an approved
reduced-pressure principle backflow-prevention assembly on each service to the
premtses.
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( 4.6) In the case of any premises where. in the opinion of the water purveyor
and/or building official an undue health threat is posed because of the presence of
extremely toxic substances, the water purveyor may require an air gap at the service
connection to protect the public water system. This requirement will be at the discretion
of the water purveyor and is dependent on the degree of hazard.
(5) Any backflow-prevention assembly that is required herein shall be a
model and size approved by the water purveyor/building official. The term approved
backjlow-prevention assembly shall mean an assembly that has been manufactured in full
conformance with the standards established by the American Water Works Association
(A WW A) titled:
A WWA C510 Standard for Double Check Valve Backflow-Prevention
Assembly, and
A WW A C511 Standard for Reduced-Pressure Principle Backflow-
Prevention Assembly,
and have met completely the laboratory and field performance specifications of
the Foundation for Cross-Connection Control and Hydraulic Research (FCCHR) and the
University of Southern California (USC)."Specification of Backflow-Prevention
Assemblies" .Sec. 10 of the most current issue of the Manual of Cross-Connection
Control.
The City of Lubbock utilizes said A WW A and FCCHR standards and
specifications. Final approval shall be evidenced by a "Certificate of Approval" issued
by an approved testing laboratory certifying full compliance with said A WW A standards
and FCCHR specifications.
The following testing laboratory has been qualified by the AMERICAN WATER
WORKS ASSOCIATION (A WW A) to test and certify backflow preventors:
Foundation for Cross-Connection Control and Hydraulic R~esearch
l.lniversity of Southern California
Testing laboratories, other than the laboratory listed above, will be added to an
approved list as they are qualified by the American Water Works Association (A WWA).
Backflow preventers that may be subjected to backpressure or backsiphonage that
have been fully tested and have been granted a certificate of approval by said qualified
laboratory and are listed on the laboratory's current list of approved backtlow-prevention
assemblies may be used without further testing or qualification.
(6) It shall be the duty of the customer at any premises where backflow-
prevention assemblies are installed to have certified inspections and operational tests
made at least one per year. In those instances where the 1\'aler purreyur and or building
official deems the hazard to be great enough, certified inspections may be required at
more frequent intervals. These inspections and tests shall be at the expense of the water
user and shall be performed by the assembly manufacturer's representative. cer!ified
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CITY personnel, or by a certified tester approved by the l\'ater purveyor and,.or building
official.. It shall be the duty of the water purveyor and/or building official to see that
these tests are made in a timely manner. These assemblies shall be repaired,
overhauled, or replaced at the expense of the customer whenever said assemblies are
found to be defective. Records of such tests, repairs, and overhaul shall he kept and a
copy sent to the water purveyor.
SECTION 5. THAT violation of any provision ofthis Ordinance shall be deemed
a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the
City of Lubbock.
SECTION 6. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be aflected thereby.
SECTION 7. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
SECTION 8. This Ordinance shall become effective from and after it's
publication as provided by law.
AND lT IS SO ORDERED
Passed by the City Council on first reading the 14thday of October , 1999.
Passed by the City council on second reading the ~~daz_ of October , 1999.
ATTEST:
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APPROVED AS TO CONTENT:
9~,
... .c<--~~
Terry Ellerbrook
Director of Water Utilities
APPROVED AS TO FORM:
I~ . / ?~;lfZ~~,~
John M. Knight
Assistant City Attorney
J MK :cp Cityau/John• Bnc"tlo-Ord & CCDOCS
October 4, I 999