HomeMy WebLinkAboutOrdinance 2713 N.C.S. 02/24/20201
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EFFECTIVE DATE
OF ORDINANCE
March 24, 2020
Introduced by
Gabe Kearney
ORDINANCE NO. 2713 N.C.S.
Seconded by
D' Lynda Fischer
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING
CROSS -CONNECTIONS AND BACKFLOW CONTROL REGULATIONS CONTAINED
IN SECTIONS 15.08, 15.09, AND 15.12 OF THE PETALUMA MUNICIPAL CODE
WHEREAS, the City of Petaluma needs to revise Water System Regulations contained in
Sections 15.08, 15.09, and 15.12 of the Petaluma Municipal Code to comply with current
requirements for Cross -Connections and Backflow Control as laid out in California Code of
Regulations Title 17, 22 and current City Water System Construction Standards (800 Series); and
WHEREAS, the City must periodically review and update its regulations for the Water Cross -
Connection Control Program to align with Title 17 and Title 22 of the California Code of Regulations;
and
WHEREAS, a review of the City's Cross -Connection and Backflow Control Program identified
revisions that would result in compliance with the state regulations and industry standards; and
WHEREAS, updating the City's Cross -Connection and Backflow regulations provides the
Public Works and Utilities Department with authority to conduct appropriate and required activities
to ensure protection of the water system from backflow contamination; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma hereby as
follows:
Section 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct
and incorporated into this ordinance as findings of the City Council.
Section 2. Chapter 15 Amended. Chapter 15 of the Petaluma Municipal Code is amended to read
as follows:
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such part
or provision to other persons or circumstances shall not be affected thereby and shall continue in full
force and effect. To this end, provisions of this ordinance are severable. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases may be held unconstitutional, invalid, or
unenforceable.
Ordinance No. 2713 N.C.S.
Page 1
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Section 4. Effective Date/Referendum Period. This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council.
Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this
ordinance or a synopsis of it for the period and in the manner required by the City Charter. The City
Clerk is also hereby directed to file a Notice of Exemption concerning this ordinance with the Office
of the Sonoma County Clerk in accordance with Section 15062 of the CEQA Guidelines
INTRODUCED and ordered posted, this 3rd day of February 2020, by the following vote:
ADOPTED this 24th day of February 2020, by the following vote:
Ayes: Mayor Barrett, Fischer, Healy, Kearney, King, Vice Mayor McDonnell, Miller
Noes:
None
Abstain:
None
Absent:
None
ATTEST:
Claire Cooper, CMC, City Clerk `-
Teresa Barrett, Mayor
APPROVED AS TO FORM:
0 k
Eric Danly, City Attorney
Ordinance No. 2713 N.C.S.
Page 2
Exhibit A
CHAPTER 15.08
CONNECTIONS TO WATER SUPPLY SYSTEM
15.08.110 Service connection to be provided by water department
15.08.230 Use of pump to elevate or increase water pressure.
(Ord. 2402 NCS§2 (part), 2011: Ord 2085 NCS § 1., 1999. Ord 544 NCS § 11: prior code
§27.21.)
CHAPTER 15.09
CROSS -CONNECTIONS AND BACKFLOW CONTROL
15.09.010 Authority, purpose and incorporation of California Title 17 regulations.
A. Title 17, Chapter V, Section 7583-7622, inclusive, of the California Code of Regulation,
entitled "Regulations Relating to Cross -Connections," set forth rules and regulations governing
cross -connections. Said regulations are incorporated by reference and made a part of this code
insofar as they are applicable to the protection of the public water supply.
B. Title 17, Section 7583 states, among other things, "The water supplier has primary
responsibility to prevent water from unapproved sources, or any other substance, from entering
the public water supply system." The City of Petaluma, hereinafter "City," is a water supplier
within the meaning of Title 17.
C. in order to provide an orderly and adequate means of protection of the public water
supply from backflow, the requirements set forth in this chapter are reasonable and necessary.
The City adopts these requirements for the protection of the public water supply from backflow.
New water service connections shall be installed and existing water service connections shall be
modified to conform to these requirements.
(Ord. 1677 NCS §2 (part), 1987.)
15.09.020 Responsibility.
The Director of Public Works and Utilities and Chief Operator shall be responsible for the
protection of the public potable water supply from contamination or pollution due to the
backflow or back -siphonage of contaminants or pollutants through the water service connection.
(Ord 1677 NCS §2 (part), 1987.)
15.09.030 Definitions
For the purposes of this chapter, the words set out in this section shall have the following
meanings:
Ordinance No. 2713 N.C.S. Page 3
A. "Air gap" means the unobstructed vertical distance through the free atmosphere between
the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other
device and the flood -level rim of said vessel. An approved air gap shall be at least double the
diameter of the supply pipe, and in no case less than one inch.
B. "Approved" means accepted by the Director of Public Works and Utilities and Chief
Operator as meeting an applicable specification stated or cited in this chapter.
C. "Auxiliary water supply" means any water supply on or available to the premises other
than the water supplier approved public potable water supply. These auxiliary waters may
include water from another supplier's public potable water supply or any natural source(s) such
as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids." These waters
may be polluted or contaminated, or they may be objectionable and constitute an unacceptable
water source over which the water supplier does not have sanitary control. Any well will be
considered as an auxiliary supply unless abandoned to City standards.
D. "Backflow" means the flow of water or other liquids, mixtures, or substances under
pressure into the distributing pipes or a potable water supply system from any source or sources
other than its intended source.
E. "Back -siphonage" means the flow of water or other liquids, mixtures, or substances into
the distributing 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.
F. "Backflow preventer" means an approved device or means designed to prevent backflow
or back -siphonage listed in the University of Southern California (USC) Foundation for Cross
Connection Control and Hydraulic Research. List of Approved Backflow Prevention Assemblies.
G. "Certified tester" means a tester accepted by the Public Works and Utilities Director and
Chief Operator as meeting applicable requirements stated or cited in this chapter.
H. "Contamination" means an impairment of the quality of the potable water by sewage,
industrial fluids or waste liquids, compounds or other materials to a degree which creates an
actual hazard to the public health through poisoning or through the spread of disease.
L "Cross -connection" means any physical connection or arrangement of piping or fixtures
between two otherwise separate piping systems, one of which contains potable and the other
nonpotable water or industrial fluids of questionable safety, through which, or because of which,
backflow or back -siphonage may occur into the potable water system. A water service
connection between a public potable water distribution system and a customer's water
distribution system which is cross -connected to a contaminated fixture, industrial fluid system, or
with a potentially contaminated supply or auxiliary water system constitutes one type of cross -
connection. Other types of cross -connections include connectors such as swing connections,
removable sections, four-way plug valves, spools, dummy sections of pipe, swivel, or charge -
over devices, sliding multiport type, solid connections, etc.
Ordinance No. 2713 N.C.S. Page 4
Cross -connections, Controlled. "Controlled cross -connections" means a connection
between a potable water system and a nonpotable water system with an approved backflow -
prevention device properly installed that will continuously afford the protection commensurate
with the degree of hazard.
K. "Cross -connection control by containment" means the installation of an approved
backflow -prevention device at the water service connection to any customer's premises where it
is physically and economically infeasible to find and permanently eliminate or control all actual
or potential cross -connections within the customer's water system; or it means the installation of
an approved backflow -prevention device on the service line leading to and supplying a portion of
a customer's water system where there are actual or potential cross -connections which cannot be
effectively eliminated or controlled at the point of cross -connection.
L. "Customer" means any person or organization who receives water from the City water
distribution system.
M. "Director of Public Works and Utilities" Means the Director of Public Works of the City.
N. "Chief Operator" means the person who has overall responsibility for the day-to-day,
hands-on, operation of a water treatment facility or the person who has overall responsibility for
the day-to-day, hands-on, operation of a distribution system and is defined in CCR Title 22,
Chapter 1 Section 63750.25
O. "Double check -valve assembly" means an approved assembly of two independently
operating approved check valves with tightly closing shutoff valves on each side of the check
valves. The entire assembly shall meet the design and performance specifications and approval
of a recognized and City -approved testing agency for backflow -prevention devices. To be
approved, these devices must be readily accessible for in-line maintenance and testing and
installed to City standards.
P. "Double detector check valve assembly" means an approved assembly of two
independently operating approved check valves with tightly closing shutoff valves on each side
of the check valves, plus properly located test cocks for testing of each check valve and a bypass
meter The entire assembly shall meet the design and performance specifications and approval of
a recognized and City -approved testing agency for backflow -prevention devices. To be
approved, these devices must be readily accessible for in-line maintenance and testing and
installed to City standards.
Q. "Fire systems" means a fire -fighting system with a direct connection to the public potable
water system that should be protected in a manner commensurate with the hazard. Fire protection
systems may be classified as follows:
1. Class I. Direct connections from domestic water mains only; no pumps or reservoir,
no physical connection from other water supplies; no antifreeze or other additives of any kind;
and all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.
Ordinance No. 2713 N.C.S. Page 5
2. Class IL Same as Class I, except that booster pumps may be installed in the
connection from the street mains. This type of installation is not allowed by the City. See section
15.08.230;
3. Class III. Direct connection from public water supply main plus one or more of the
following: Elevated storage tanks; fire pumps taking suction from above ground covered
reservoirs or tanks; or pressure tanks. All storage facilities are filled or connected to public water
only; the water in the tanks to be maintained in a potable condition;
4. Class IV. Directly supplied from public mains similar to Class I and II, connections
for fire pumper truck or with an auxiliary water supply on or available to the premises;
5. Class V. Directly supplied from public mains and interconnected with auxiliary
supplies, such as pumps taking suction from reservoirs exposed to contamination or from rivers
and ponds; driven wells; mills or other industrial water systems; or systems where anti -freeze or
other additives are used;
6. Class VI. Combined industrial and fire protection systems supplied from the public
water mains only, with or without gravity -storage or pump -suction tanks.
R. "Degree of hazard" means the elevation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system as:
1. Hazard — Health. Any condition, device, or practice in the water supply system and its
operation which could create, or in the judgement of the director of Public Works and Utilities
and Chief Operator may create a danger to the health and well-being of the water consumer. An
example of a health hazard is a structural defect, including cross -connections, in a water supply
system.
2. "Hazard — Pluming." A plumbing type cross -connection in a consumer's potable water
system that has not been properly protected by a vacuum breaker, air -gap separation, or
backflow -prevention device. Unprotected plumbing type cross -connections are considered to be
a health hazard.
3. "Hazard — Pollutional." An actual or potential threat to the physical properties of the
water system or to the potability of the public or the consumer's potable water system but which
would constitute a nuisance or be aesthetically objectionable or could cause damage to the
system or its appurtenances but would not be dangerous to health.
4. "Hazard — System." An actual or potential threat of severe damage to the physical
properties of the public potable water system or the consumer's potable water system, or of a
pollution or contamination which would have a protracted effect on the quality of the potable
water in the system.
S. "Industrial fluids system" means any system containing a fluid or solution which may be
chemically, biologically, or otherwise contaminated or polluted in a form or concentration such
as would constituted a health, system, pollutional or plumbing hazard if introduced into an
approved water supply. This may include, but not be limited to: Polluted or contaminated
Ordinance No. 2713 N.C.S. Page 6
waters; all types of process waters and "used waters" originating from the public potable water
system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids
and alkalis, circulating cooling waters connected to an open cooling tower and/or cooling towers
that are chemically or biologically treated or stabilized with toxic substances; contaminated
natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals
or systems, etc.; oils, gases, glycerine paraffins caustic and acid solutions, and other liquid and
gaseous fluids used for industrial or other purposes or for firefighting purposes.
T. "Pollution" means the presence of any foreign substance (organic, inorganic or
biological) in water which tends to degrade its quality so as to constitute a hazard or impair the
usefulness or quality of the water to a degree which does not create an actual hazard to the public
health, but which does adversely and unreasonably affect such waters for domestic use.
U. "Reduced pressure principle device" means as assembly of two independently operating
approved check valves with an automatically operating differential relief valve between the two
check valves, tightly closing shut-off valves on either side of the check valves, plus properly
located test cocks for testing of the check and relief valves. The entire assembly shall meet the
design and performance specifications and approval of a recognized and City -approved testing
agency for backflow -prevention assemblies. The device shall operate to maintain the pressure in
the zone between the two check valves at a level less than the pressure on the public water
supply side of the device. In case of leakage of either of the check valves, the differential relief
valve shall open to the atmosphere. To be approved, these devices must be readily accessible for
in-line maintenance and testing and be installed according to City standards.
V. "Water, Nonpotable." "Nonpotable water" means water which is not safe for human
consumption or which is of questionable potability.
W. "Water, Potable." "Potable water" means any water which, according to recognized
standards, is safe for human consumption.
X. "Water service connection" means the terminal end of a service connection from the
public potable water system; i.e., where the water supplier 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 connection, then the service connection shall mean the downstream end of the
meter. There should be no unprotected takeoffs from the service line ahead of any meter or
backflow -prevention device located at the point of delivery to the customer's waste system.
Service connection 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.
Y. "Water Used." "Used water" means any water supplied by a water supplier from a public
potable water system to a consumer's water system after it has passed through the point of
delivery and is no longer under sanitary control of the water supplier.
(Ord. 1697 NCS § 1, 1987: Ord. 1677 NCS §2 (part), 1987.)
Ordinance No. 2713 N.C.S. Page 7
15.09.040 Requirements for backflow -prevention devices.
A. General Premises Requirements. Backflow -prevention devices shall be required by the
director of public works and Utilities and Chief Operator for premises in the following described
categories:
1. Premises having an auxiliary water supply;
2. Premises on which any substance is handled under pressure in such a fashion as to
permit possible entry into the City's distribution system, including water originated from the
City's system which is boosted in pressure.
3. Premises on which the customer's system has more than on service connection;
4. Premises which, in the opinion of the director of Public Works and Utilities and Chief
Operator, contain cross -connections, or the potential for cross -connections, which could result in
the pollution or contamination of the City water system in the event of backflow or back -
siphonage.
B. Approved Backflow -Prevention Device. Any backflow -prevention device required in this
chapter shall be a model and size approved by the director of Public Works and Utilities and
Chief Operator and appear on the City's list of approved backflow -prevention devices. The term
"approved backflow -prevention device" means a device that has been manufactured in full
conformance with the standards established by the American Water Works Association entitled
"AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow
Prevention Devices," and have met completely the laboratory and field performance
specifications of the Foundation for Cross -Connection. Control and Hydraulic Research of the
University of Southern California established by "Specifications of Backflow Prevention
Devices — No. 69-2," dated March, 1969, or the most current issue.
1. The AWWA standards of FCCC and HR specifications have been adopted by the
director of Public Works and Utilities and Chief Operator. Final approval of any device or
system proposed for installation under the terms of this chapter shall be evidenced by a
"certificate of approval" issued by an approved testing laboratory, certifying full compliance
with said AWWA standards and FCCC and HR specifications.
2. The following testing laboratory has been qualified by the director of Public Works
and Utilities and Chief Operator to test and certify backflow preventers:
Foundation for Cross -Connection
Control & Hydraulic Research
University of Southern California University Park
3. Testing laboratories other than the laboratory listed above will be accepted as they are
qualified by the director Public Works and Utilities and Chief Operator
C. Specific Use and Type Requirements. For the following specific uses, and other uses as
designated by the Chief Operator and Director of Public Works & Utilities, the customer shall be
Ordinance No. 2713 N.C.S. Page 8
required to install a backflow -prevention device of the type indicated as a minimum listed in the
University of Southern California (USC) Foundation for Cross Connection Control and
Hydraulic Research. List of Approved Backflow Prevention Assemblies.
Use
Animal kennels
Auxiliary water systems
Beverage bottling plant
Buildings with booster pump systems
and/or water storage tanks Class II
Fire System
Car washes
Film processors
Fire protection system (Class I)
Fire protection system (Class IV)
Fire protection systems
(Class III, V, VI)
Hospitals/laboratories/clinics
Industrial and/or commercial (all)
Irrigation systems (all)
Marinas/Boat docks
Mortuaries, medical, dental
building
Multistory buildings (3 or more
stories) without booster pump
Plating facilities
Type Device
Double check valve
Reduced Pressure
Double check valve
Air gap
Reduced Pressure
Reduced pressure
Double Detector Check - Commercial
Double Check — Residential
Double Detector Check Valve
Reduced pressure
Reduced pressure
Reduced pressure
Reduced Pressure
Reduced pressure
Reduced pressure
Double check valve - Residential
Reduced Pressure- Commercial
Reduced pressure
Ordinance No. 2713 N.C.S. Page 9
Sand and gravel plants
Schools
Sewage and storm drain pumping
facilities
Swimming pools
Tank trucks or chemical spray
Rigs
Double check valve
Reduced pressure
Air gap
Reduced pressure
Air gap
(Ord. 1697 NCS §2. 1987: Ord. 1677 NCS §2 (part), 1987.)
15.09.050 Installation of backflow -prevention devices.
A. It shall be the customer's responsibility and at the customers' expense to install a
backflow -prevention device.
B. Only approved backflow -prevention devices, as stated or cited in this chapter, shall be
installed. All devices shall be installed in accordance with City standards and a location
approved by the City. At the time an application for a new water service is made by a potential
customer, the director of Public Works and Utilities and Chief Operator will review said
application to determine the need for a backflow -prevention device. The installation of a
backflow -prevention device on a new water service shall be a condition of water service and
meter installation. The City will inspect the premises of existing water service connections and
shall require the installation of a backflow -prevention device, which in the opinion of the
director of Public Works and Utilities and Chief Operator, the water connection may be subject
to a potential hazard from backflow or back -siphonage. An existing backflow -prevention device
which, in the opinion of the director of public works and Chief Operator, is a type that does not
provide adequate protection for the degree of potential hazard from backflow or back -siphonage
shall be upgraded. Installation of a backflow -prevention device, where required by the Chief
Operator and Director of Public Works & Utilities shall be installed and inspected within sixty
days of said notification.
C. All presently installed backflow -prevention devices which do not meet the requirements
of this section, but were approved devices for the purposes described herein at the time of
installation and which have been properly maintained, shall, except for inspection and testing
requirements under Section 15.09.060 be excluded from the requirements of this chapter so long
as the director of Public Works and Utilities and Chief Operator is assured that the devices will
satisfactorily protect the public water system. Whenever an existing backflow -prevention device
is moved from its present location or requires more than minimum maintenance or when the
director of public works/City engineer finds that its maintenance may constituted a hazard to
Ordinance No. 2713 N.C.S. Page 10
health, the device shall be replaced in accordance with the requirements of this chapter. (Ord.
1677 NCS §2 (part), 1987.)
15.09.060 Testing and repair of backflow -prevention devices.
A. It shall be the responsibility of the customer at any premises where backflow -prevention
devices are installed to have certified inspections and operational tests performed at least once
per year. In those instances where the director of Public Works and Utilities and Chief Operator
deems the hazard to be great enough, he may require certified tests at more frequent intervals.
Whenever said devices are found to be defective, they shall be repaired and immediately
retested. All tests and repairs shall be performed only a certified tester as stated or cited in this
chapter.
B. All tests and repairs shall be recorded by a certified tester on forms provided by the City.
The customer shall ensure all forms are complete and submit them to the City. It shall be the
City's responsibility to ensure these timely tests and repairs are made and the City shall give the
customer at least thirty days advance written notice of said requirements.
(Ord. 1677 NCS §2 (part). 1987.)
15.090.070 Work by City personnel.
A. Alternatively, at its options, and upon notification of the customer, approved City
personnel may perform any or all of the inspection, testing, repair, or installation of backflow -
prevention devices as required by this chapter.
B. The customer shall be responsible to pay the City the actual cost of a backflow -
prevention devices, its installation and/or repair.
C. The customer shall be responsible to pay the City any charges for inspection and testing
of backflow -prevention devices as may be set from time to time by City council.
D. The customer shall be responsible to pay the City for fine(s) of $500 assessed as a result
of overdue/non-compliant backflow -prevention test report(s). found in Resolution No. 2017-076
N.C.S, Article V, Section 5. 1,
(Ord. 1677 NCS §2 (part). 1987.)
1.5.090.080 Requirements for certification of a backflow -prevention device tester.
A. Each applicant for certification as a tester of backflow -prevention devices shall file an
approved application with the water supplier, together with a fee as may be established by the
City council. Competency in all phases of backflow -prevention device testing and repair must be
demonstrated by means of education and/or experience in order to obtain certification. The
following are minimum requirements:
Ordinance No. 2713 N.C.S. Page 1 1
1. Satisfactory completion of the course for the training and certification for testers for
backflow -prevention devices offered by the Foundation for Cross -Connection Control and
Hydraulic Research, University of Southern California, or a valid backflow -prevention device
tester certificate from the American Water Works Association (AWWA) California -Nevada
Section;
2. Each applicant for certification as a tester of backflow -prevention devices shall furnish
evidence to show that the applicant has available the necessary tools and equipment to properly
test such devices.
B. The certification issued to any successful applicant is valid for at time period set by the
City and may revoked, suspended, or not renewed by the City for improper testing, repairs and/or
reporting. The tester shall be responsible for the competency and accuracy of all tests and reports
that are prepared for submittal to the City. The City shall maintain a list of certified testers to be
used by its customers for the testing and repair of backflow -prevention devices.
C. City personnel that have satisfactorily completed training as in subsection Al of this
section and have demonstrated their competency in all phases of backflow -prevention device
testing and repair may be approved by the Director of Public Works & Utilities and Chief
Operator to inspect, test and repair backflow -prevention devices for the City.
(Ord. 1677 NCS §2 (part), 1987.)
15.090.090 Right to enter customer's property.
As a condition of water service for new customers and as a condition of continued water service
for existing customers, the customer may be required to have a backflow -prevention device
installed on their private property. The customer shall permit the City to enter upon the
customer's property within the normal working hours of the City, or in the case of emergency, at
any time, to test, inspect, service, maintain, repair or replace the backflow -prevention device, as
set forth in other sections of this chapter. (Ord. 1677 NCS §2 (part), 1987.)
15.09.100 Discontinuance of service.
A. Water service to any premises may be disconnected by the City, if a backflow -prevention
device required by this chapter is not installed, tested and/or maintained, or if any deficiency is
found in the installation or operation of a backflow -prevention device, or if it is found that a
backflow -prevention device has been removed, bypassed or tampered with, or for nonpayment of
any charges as set forth by this chapter.
B. Whenever any premises have been disconnected from the water system for any violation
of this chapter, such premises shall not be reconnected until such violation, condition, or defect is
corrected and the customer has paid a reconnection charge to the City, according to Chapter
15.16.
Ordinance No. 2713 N.C.S. Page 12
(Ord. 1940 §2 (part), 1993.)
CHAPTER 15.12
WATER SERVICES SUPPLIED BY CITY
15.12.200 Hydrants owned by public authority
Number of outlets in standard outlets will be limited to two 2 '/z" outlets and one 4 '/z" outlet for
residential, and one 2 %2" outlet and two 4 /2" outlets for commercial. (Ord. 544 NCS §3. Prior
code §27.40.)
Ordinance No. 2713 N.C.S. Page 13