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21 - Cross Connection Control Program Ordinance - BackflowItem No. 21 Memorandum TO: Mayor, Mayor Pro Tern and City Council Grayson Path, City Manager FROM: Duke McGee, Building Official, Assistant Director of Planning and Community Development Michael Smith, Public Works Director SUBJECT: Cross Connection Control Prograrn Ordinance (Backflow) DATE: February 26, 2024 BACKGROUND Cross connections of water supplies are situations when non -potable water connects with potable water. This can be very dangerous as it can cause series illness, even death. The importance of having clearly defined procedures for protecting the public drinking water system from cross connection hazards cannot be overstated. A cl uali ty and understandable Cross Connection Control .Program is essential for protecting the city's public drinking water system and ismandated at both the State and Federal level. STATUS OF ISSUE Backflow protection for the city is currently established in the city's irrigation ordinance (Section 4.12), the friternational Plumbing Code ([PC chapters 6 & 13), Texas Commission on Environmental Quality (TCEQ publications RG 206, RG -345, ECA -476, RG -477, & RG -478), and the EPA's Cross Connection Control Manual; with referenced standards to: • Recommended Practice for Backflow Prevention and Cross Connection Control (M14), third edition, from the American Water Works Association • Manual of Cross. -Connection Control, tenth edition, from the Foundation for Cross Connection Control and Hydraulic Research • Guide to Cross Connection Protection Devices and Assemblies: Application and. Selection, from the American Society of Sanitary .Engineering While all of these regulation, standards and manuals are in agreement, they are generic in nature (developed and written for rnultipl e jurisdictions) and do not address specific local enforcement sm�� or departmental and owner responsibilities. Having multiple regulation sources with generic terminology makes it challenging for staff to explain responsibility, installation and enforcement requirements. Furthermore, it creates challenges for contractors as to what to install and service, as well as makes it difficult for the owners and the general public to understand. Placing this information in one document while referencing the above listed rules and regulations will make the process straightforward and streamline the method of cross -connection protection of our public drinking water system. This proposed Cross -Connection Control (Backflow) Ordinance: • Explains the purpose for backflow protection, • Defines local duties and responsibilities for our Water Purveyor, Building Safety Department, Installers and Owners, • Provides for the city's regulatory compliance • Establishes enforcement procedures, • Set fines and procedures for violations and • Provides relief/appeal protocols. RECOMMENDATION Staff recommends adoption of an ordinance establishing a cross -connection control program to help protect the public drinking water system for the City of Paris. Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 4, "BUILDING REGULATIONS," ARTICLE 4.02, "CONSTRUCTION CODES AND STANDARDS," DIVISION 5, "PLUMBING CODE" TO ADD SECTION 4.02.124, "CROSS -CONNECTION CONTROL PROGRAM;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on April 10, 2023, the City Council adopted the 2021 International Plumbing Code; and WHEREAS, the city maintains and operates a public water utility and is responsible for protecting the integrity and safety of the public water supply; and WHEREAS, the City Council has determined that state and federal law require additional regulations related to cross -connection and backflow controls so as to further protect the public water supply; and WHEREAS, the City Council has found that the regulations set forth in this ordinance are in the best interest of the citizens of the city; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved and are incorporated herein by reference for all purposes. Section 2. That Chapter 4, "Building Regulations," Article 4.02, "Construction Codes and Standards," Division 4, "Plumbing Code," shall be and is hereby amended by adding Section 4.02.124, "Cross -Connection Control Program" as set forth in Exhibit A hereto, which is incorporated by reference as if fully set forth herein. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any 1 penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 26th day of February, 2024. Reginald B Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney EXHIBIT A § 4.02.124 Cross -Connection Control Program a. Definitions (1) 290 Rules: The TCEQ's rules and regulations for public water systems, which appear in Title 30, Texas Administrative Code, Chapter 290. (2) Auxiliary Water Supply: Any water supply, on or available, to the premises other than the purveyor's approved public potable water supply. (3) Backflow: Any unwanted flow of used or nonpotable water, or other substances from any domestic, industrial, or institutional piping system back into the potable water distribution system. (4) Backflow Preventer: A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as airgap, reduced pressure principle device, double checkvalve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop. L Air Gap: A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one (1) inch. ii. Atmospheric Vacuum Breaker: A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or subatmospheric pressure in a water system. iii. Barometric Loop: A fabricated piping arrangement rising at least thirty-five (35) feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage. iv. Double Check Valve Assembly: An assembly of two (2) independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. v. Double Check Valve with Intermediate Atmospheric Vent: A device having two (2) spring loaded check valves separated by an atmospheric vent chamber. vi. Hose Bibb Vacuum Breaker: A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker. vii. Pressure Vacuum Breaker: A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s). viii. Reduced Pressure Principle Backflow Preventer: An assembly consisting of two (2) independently operating approved check valves with an automatically operating differential relief valve located between the two (2) check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve. ix. Residential Dual Check: An assembly of two (2) spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device. (5) Backpressure: Pressure that can cause backflow to occur when a potable system is connected to a nonpotable supply operating under a higher pressure than the distribution system by means of a pump, boiler, elevation difference, air or steam pressure, or other means (6) Backsiphonage: The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. (7) Building Safety Department: The Building Safety Department has the duty and power to enforce all ordinances and laws regulating construction on private property by providing services such as permit issuance, plan examination and inspection. The mission of the Building Safety Department is to protect the lives and safety of the residents and visitors of the City of Paris, preserve quality of life and contribute to economic development and viability of the community. (8) Compliance Engine: The Compliance Engine is a web -based service used by the City of Paris to track and maintain code compliance, reduce false alarm activity, and provide safer communities through third party inspection reporting and maintenance. (9) Cross -Connection: A point in a plumbing system where it is possible for a nonpotable substance to come into contact with the potable drinking water supply. Any actual or potential connection between the public water supply and a source of contamination or pollution. (10)Manual M14: The American Water Works Association's Recommended Practice for Backflow Prevention and Cross -Connection Control, current edition. (11)TCEQ: The Texas Commission on Environmental Quality. (12)Water Purveyor: The Water Purveyor has the responsibility to supply potable water to the city's customers and has the authority to take or cause to be taken the necessary measures to ensure the public drinking water distribution system is protected from any actual or potential backflow hazards. (13)Water Service Entrance: That point in the owner's water system beyond the sanitary control of the water purveyor; generally considered to be the outlet end of the water meter and always before any unprotected branch. b. Purpose Within distribution systems there exist points called cross -connections where nonpotable water can be connected to potable sources. These cross -connections can provide a pathway for backflow of nonpotable water into potable sources. Backflow can occur either because of reduced pressure in the distribution system (termed backsiphonage) or the presence of increased pressure from a nonpotable source (termed backpressure). Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water drawdown. Backpressure may occur when heating/cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that nonpotable and potentially contaminated water from industrial, commercial, or residential sites flows back into the distribution system through a cross -connection. During incidents of backflow, these chemical and biological contaminants have caused illness and deaths, with contamination affecting a number of service connections. In order to protect the life, health and well-being of the citizens of and visitors to the City of Paris the following Cross -Connection Control Program has been established. c. General (1) No water -service connection shall be made to any establishment where a potential or actual contamination hazard exists unless the water supply is protected in accordance with the 290 Rules and this ordinance. No water -service connection shall be made without a release authorization from the Building Safety Department, and as directed by the Building Official or Plumbing Inspector, the water purveyor shall discontinue water service if a required air gap or backflow prevention assembly is not installed, maintained, and tested in accordance with the 290 Rules and this ordinance. (2) All residences, building, structures orfacilities that use an auxiliary water supply, such as a private well, a rainwater -harvesting system, or pump water directly from any impounded water source or any water supply other than potable water supplied by the City of Paris distribution system, must install an RPZ at the meter connection or provide an air gap. (3) No backflow protection at the water service meter is required where an adequate internal cross - connection control program is in place provided that the cross -connection control program is documented by a State of Texas licensed Master Plumber or Water -Supply -Protection Specialists. d. Requirements (1) On new installations, the Building Safety Department will review owner provided plans, which shall be completed by a Professional Engineer or Licensed Master Plumber. Upon approval of plans the Building Safety Department will issue a permit, and perform inspections. In any case, a minimum of a dual check valve will be required in any new residential construction. Before Plumbing Final will be approved, device shall be tested by an approved third -party backflow tester and register with The Compliance Engine. (2) For premises existing prior to the start of this program, the Building Safety Department will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, ninety (90) days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question. (3) The Building Safety Department will not allow any cross -connection to remain unless it is protected by an approved backflow preventer device for which a permit has been issued and the device registered with The Compliance Engine, the city's electronic reporting system, and regularly tested to insure satisfactory operation. (4) The Building Safety Department shall inform the Owner by letter, of any failure to comply, by the time of the first re -inspection. The Building Safety Department will allow an additional fifteen (15) days for the correction. In the event the Owner fails to comply with the necessary correction by the time of the second re -inspection, the Building Safety Department will inform the Owner by letter, that the water service to the Owner's premises will be terminated within a period not to exceed five (5) days. In the event that the Owner informs the Building Safety Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department but in no case will exceed an additional thirty (30) days. (5) If the Water Purveyor or Plumbing Inspector determines at any time that a serious threat to the public health exists, the water service will be terminated immediately. (6) The Building Safety Department shall have on file, a list of Private Contractors who are certified backflow device testers. All charges for these tests will be paid by the Owner of the building or property. e. Owner Responsibility (1) The property Owner shall be responsible for the elimination or protection of all cross -connections on his or her premises. (2) The Owner, after having been informed by a letter from the Building Safety Department, shall at his expense, install, maintain, and test, or have tested, any and all backflow preventers on his premises. (3) The Owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing. (4) The Owner shall inform the Building Safety Department of any proposed or modified cross - connections and also any existing cross connections of which the Owner is aware but may not have been found by the Building Safety Department. (5) The Owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place. (6) The Owner shall install backflow preventers in a manner approved by the Department (7) The Owner shall install only approved backflow preventers. (8) Any Owner having a private well, or other private water source, must have a permit (issued by the City of Paris) if the well or source is cross -connected to the City of Paris potable water distribution system. Permission to cross -connect may be denied by the Water Purveyor, or designated representative. (9) The Owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross -connected to the City's system. (10)ln the event the Owner installs plumbing to provide potable water for domestic purposes which is on the supply side of the backflow preventer, such plumbing must have its own backflow preventer installed. (10) The Owner shall be responsible for the payment of all fees for permits, annual or semi-annual device testing, retesting in the case that the device fails to operate correctly, and second re - inspections for non-compliance. f. Installation, Testing, and Maintenance of Backflow Prevention Assemblies (1) All backflow prevention assemblies must be tested upon installation in accordance with the manufacturer's instructions, Manual M14, or the University of Southern California's Manual of Cross -Connection Control by a Licensed Backflow Prevention Assembly Tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to protect against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized Backflow Prevention Assembly Tester. (2) Assemblies must be repaired, overhauled, or replaced whenever the assemblies are found to be defective. Original forms recording testing, repairs, and overhaul must be kept and submitted to the City of Paris' City's designated electronic reporting system, through The Compliance Engine within five working days of the test, repair or overhaul of each backflow prevention assembly. (3) Backflow prevention assemblies installed on fire suppression systems must be tested by a backflow prevention assembly tester permanently employed by an approved fireline contractor. (4) No backflow prevention assembly or device may be removed from use, or relocated, or other assembly or device substituted for it, without the approval of the City of Paris' Building Safety Department. (5) Test results shall be registered and recorded with the City's designated electronic reporting system. Completed forms shall be uploaded to City of Paris' City's designated electronic reporting system within 10 days of test results. Test Results shall be kept on file for three (3) years. (6) Gauges used for backflow prevention assembly testing must be tested for accuracy at least annually in accordance with the AWWA's Manual M14 or the current edition of the University of Southern California's Manual of Cross -Connection Control. A copy of the gauge accuracy test report must be submitted to the City of Paris' Building Safety Department to demonstrate the gauge has been tested for accuracy. (7) A recognized backflow prevention assembly tester must hold a current license issued from the TCEQ and be registered with the City of Paris' Building Safety Department. g. Reporting of Inspections and Tests Records of all installations, inspections, tests and maintenance required by this code shall be provided electronically to The Compliance Engine which is the City's designated electronic reporting system. Completed records shall be submitted no later than ten (10) days following the applicable Installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. h. Customer Service Inspections (1) A customer service inspection must be completed before the provision of continuous water service to all new construction, on any existing service when the water purveyor has reason to believe that cross -connections or other contaminant hazards exist, or after any material improvement, correction, or addition to the private water -distribution facilities. (2) Only individuals with the following credentials shall be recognized as capable of conducting a customer service inspection: L Plumbing inspectors and water -supply -protection specialists that have been licensed by the Texas State Board of Plumbing Examiners. ii. Customer service inspectors that have been licensed by the TCEQ. (3) The customer service inspection must certify that: L No direct connection between the public drinking water supply and a potential source of contamination exists. Potential sources of contamination must be isolated from the public water system by a properly installed air gap or an appropriate backflow prevention assembly. ii. No cross -connection between the public water supply and a private water source exists. Where an actual, properly installed air gap is not maintained between the public water supply and a private water supply, an approved reduced -pressure -zone backflow prevention assembly is properly installed and a service agreement exists for annual inspection and testing by a recognized backflow prevention assembly tester. iii. No connection exists that allows water to be returned to the public drinking water supply. iv. No pipe or pipe fitting that contains more than 0.25 percent lead is used for the installation or repair of plumbing at any connection that supplies water for human use. v. No solder or flux that contains more than 0.2 percent lead is used for the installation or repair of plumbing at any connection that provides water for human use. L Irrigation Systems (1) Any irrigation system that is connected to a public or private potable water supply must be connected through a backflow prevention assembly approved by the Texas Commission on Environmental Quality. (2) Backflow prevention assemblies installed on irrigation systems that are classified as health hazards must be tested at least annually. (3) Backflow prevention assemblies installed on irrigation systems that are not classified as health hazards must be tested every 2 years or as required by the adopted plumbing code. j. Appeal A person may appeal the decision of the director or regulatory authority by making a written request for appeal to the appeals officer within seven (7) business days of the adverse decision or action. The appeal hearing shall be conducted no later than seven (7) business days following receipt of the notice of appeal unless the parties agree to a later date. The appeal shall be conducted by to the Building Board of Appeals. The decision of the Building Board of Appeals shall be final. k. Enforcement A person who violates any provision of this article by performing a prohibited act or by failing to perform a required act is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $500.00 and not more than $2,000.00. Each day that one or more of the provisions in this ordinance is violated shall constitute a separate offense. If a person is convicted of 2 (two), or more distinct violations of this ordinance, the Building Safety Department shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at $150.00, and any other costs incurred by the City of Paris in discontinuing service. In addition, suitable assurance must be given to the Building Safety Department that the same action shall not be repeated while the ordinance is in effect. Compliance with this ordinance may also be sought through injunctive relief in district court.