ORDINANCE NO. AN ORDINANCE RELATING TO WATER REGULATION AND CROSS CONNECTION, AND REPEALING ORDINANCE 2773.

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1 ORDINANCE NO. AN ORDINANCE RELATING TO WATER REGULATION AND CROSS CONNECTION, AND REPEALING ORDINANCE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, the City of Ashland wishes to update its water regulation and cross connection ordinance, and WHEREAS, the water regulation provisions should be codified into the Ashland Municipal Code. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections [Definitions] through [Penalties] are hereby added to read as follows: Definitions. A. Administrator: the City Administrator for the City of Ashland. B. Applicant: an individual firm, corporation, or authorized agent applying for water service. C. AMC: the Ashland Municipal Code. D. Assembly: a device to counteract back pressures or prevent backflow or backsiphonage. The Assembly device must be on the list of approved assemblies issued by the Oregon Department of Human Services and in accordance with this ordinance. 1) Air Gap Separation: a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressurized receiving vessel. It shall be twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than one inch. 2) Double Check-Detector Backflow Prevention Assembly (DCDA): a specially designed assembly composed of a line size approved double check valve assembly assembled with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to three gallons per minute and shall show a registration for all rates of flow. This assembly is designed to protect against a non-health hazard. 3) Double Check Valve Backflow Prevention Assembly (DDCVA): an assembly of two independently acting approved check valves, including tightly closing resilient seated shutoff valves attached at Cross Connection Codification and Repeal Ordinance 2773 Page 1 of 13

2 each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is designed to protect against a non-health hazard. 4) Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB): an assembly consisting of an independently operating, internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage conditions only. 5) Reduced Pressure Principle Backflow Prevention Device: a device consisting of two independently acting approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health hazard or a health hazard. E. Atmospheric Vacuum Breaker: means a non-testable device consisting of an air inlet valve or float check, a check seat and an air inlet port(s). This device is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only. Product and material approval is under the Oregon Plumbing Specialty Code. F. Backflow: means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any sources other than its intended source, and is caused by backsiphonage or backpressure. G. Backflow Preventer: means a device, assembly or method to prevent backflow into the potable water system. H. Check valve: means a valve, which allows flow in only one direction. I. City: the City of Ashland, a municipal corporation in the State of Oregon. J. Connection Fees: fees specified by Council for the installation of a water service line and meter. K. Council: City Council for the City of Ashland, Oregon. L. Cross connection: means any actual or potential unprotected connection or structural arrangement between the public or user's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substances other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel, or change-over devices, and other temporary or permanent devices Cross Connection Codification and Repeal Ordinance 2773 Page 2 of 13

3 through which, or because of which, backflow can occur are considered to be cross connections. M. Customer: any individual firm or corporation receiving water service from the City. N. Customer Facilities and/or equipment: facilities and/or equipment located on customer premises used for receiving, controlling, applying, and/or utilizing City water. O. Customer Control Valve: a valve installed at or near the outlet of water meter for use by customer to control water to premises. P. Director: the Public Works Director or Engineer for the City of Ashland. Q. Federal: the United States of America, Environmental Protection Agency. R. Hydrant: a device providing City water for fire protection; examples include fire hydrants and standpipes. S. Main Line: a publicly owned and operated water line that serves more than one customer. Water mains for residential areas shall have a minimum inside diameter of six (6) inches. Water mains for nonresidential areas shall have a minimum inside diameter of eight (8) inches. T. OAR: Oregon Administrative Rules. U. Premises: a customer tract of land, structure(s) and/or building(s) receiving City water service through a single water meter. V. Private Water Main: a water main installed by customer to serve customer s premises. A private water main may provide, but is not limited to, private hydrants, private fire protection systems, landscape irrigation, multiple buildings or customer s equipment. W. Private Water System: any water system for water supply other than the City water system. Examples include: wells, springs, ponds, streams, and the Talent Irrigation District water. X. PSI or psi: pounds per square inch; a measure of fluid pressure. Y. Regular Working Hours: Winter from 8:00am to 4:30pm and summer from 7:00am to 3:30pm, Monday through Friday, except holidays. Z. Service Connection: City owned water service line and water meter. AA. State: the State of Oregon Department of Health and/or Department of Environmental Quality. BB. Temporary Service Connection: a service connection installed for circuses, bazaars, fairs, construction work, or similar short term temporary usage, the location of such is to be determined by City. CC. Uniform Plumbing Code: the latest edition of the Uniform Plumbing Code as adopted and/or amended by the State. DD. Water Meter: a device for measuring water flow to water supply line housed in an approved meter box and located between the water service line and water supply line. EE. Water Meter - Exempt: a water meter as defined above for a use that does not return water to the City of Ashland sanitary sewer Cross Connection Codification and Repeal Ordinance 2773 Page 3 of 13

4 system. Such meters will be exempt from sanitary sewer charges. Examples of exempt meters are meters used for landscaping or a self-contained process such as juice or soft drink manufacture. FF.Water Service: the City s act of providing potable water to customers through a service line and water meter to a customer; it may also include a backflow prevention device as determined by the City. GG. Water Service Line: the pipe, valves, and appurtenances located between main line and water meter. HH. Water Supply Line: a customer owned water line located between water meter and plumbing on the premises. II. Water System: the City owned and operated water system, which includes, but is not limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire hydrants, and appurtenances Water Service Line and Water Meter. A. Water Service Line. 1) Location. The City shall install the water service line in a location approved by City. The water service line shall be installed between the water main and the customer s property line. If Customer requests an alternate location on customer s property and City approves the location, an easement to the City shall be provided by customer for location of City approved water service line or water meter. The Customer will pay all costs. 2) Size. The water service line size shall be in accordance with Uniform Plumbing Code. The minimum size of a water service line shall be three quarters inch (3/4 ) inside diameter. The diameter of the water service line shall not be less than the diameter of the water supply line. B. Water Meters Including Exempt Meters. 1) Location. A water meter shall be installed by City at the termination of a water service line. The water meter shall be located at the property line on public right-of-way or public property. If the Customer requests an alternate location on customer s property, and City approves the location, an easement to the City shall be provided by customer to allow the City to install the City approved water service line or water meter. Customer will pay all costs. 2) Size. The water meter size shall be determined by the City based on the Uniform Plumbing Code and water meter manufacturer s recommendation. The minimum size meter is three-quarters inch (3/4 ) inside diameter and not less than diameter of water supply line. C. Water Meter Accuracy. Customer may request a water accuracy test. Prior to the request being granted, customer shall deposit an amount Cross Connection Codification and Repeal Ordinance 2773 Page 4 of 13

5 with the City, as established by Council. If the water meter accuracy test is within ±5% of manufacturer s standard, customer shall forfeit deposit. If the water meter accuracy check exceeds ±5 of manufacturer s standard, City shall install a replacement water meter and deposit shall be refunded to customer. D. Installation Charges. Installation charges for water service lines and water meters shall be established by Council. E. System Development Charge (SDC). A reimbursement fee, a public improvement charge or a combination assessed and collected as specified in Section of the AMC. F. Access to Service Connection. Customer shall keep premises free from any and all rubbish or material which would prevent City from having free access to any service connection and/or water meter. G. Ownership and Maintenance. 1) City is the owner of service connection. Authorized City personnel shall install and maintain service connections at City s expense. If a customer damages the service, the customer is liable for all costs of repair and/or replacement incurred, and the Customer shall be billed by the City for all the costs. 2) Customer is the owner of the water supply line and is responsible for construction, repair, and maintenance of the water supply line. H. Joint Water Services. City may, at City option, serve two (2) or more premises with one water service line. The size of a joint water service line shall be determined by the City based on Uniform Plumbing Code standards and the water meter manufacturer s recommendations. I. Sub-Meters. Sub-meters are water meters installed by customer for the convenience of customer. City will not furnish or read sub-meters. J. Change in Size or Location of Water Service Line and/or Water Meter. A customer requesting a change in location or size of a water service line and/or water meter, shall be liable for all costs incurred by City as established by Council. City shall approve all relocations. K. Water Service Line or Private Water main. City shall discontinue water service when a private water main or supply or private appurtenance(s) are not constructed or properly maintained by the customer in accordance with City, State, or Federal laws and these water regulations. L. Customer s Control Valve(s). Customer is required to install a control valve which controls the water supply to customer premises. Customer control valve shall be located between the City water meter and the customer water supply line. The purpose of customer control valves is to provide customers with a method of discontinuing water service to their premises. The cost of furnishing and installing customer control valves by the City will be as established by Council Temporary Service Connection. Cross Connection Codification and Repeal Ordinance 2773 Page 5 of 13

6 A. Time Limit. Temporary service connections shall be disconnected not more than ninety (90) days from the date of installation. An extension may be granted by the City upon request from the customer. B. Charges for Installation. The customer shall be required to deposit with the City the following amounts as established by Council: 1) Estimated cost of installation and removal of temporary service connection. 2) Estimated cost of water served through the temporary service connection. 3) Cost equal to the value of the temporary service connection. C. Refund of Charges for Installation. 1) Refund. If the deposit exceeds the City s costs, the City shall refund the customer deposit less the City s cost of removing the temporary service connection. 2) Additional Billing. If the deposit is less than the City s costs, the customer shall pay the additional costs to City. Permanent water supply lines shall not be connected to water service lines until costs are paid in full. D. Charges for Water Served. Charges for water shall be based on standard water rates established by Council. E. Responsibility for Temporary Water Service. The applicant and/or customer is responsible for all damage and/or maintenance required for temporary water service beginning at the time of installation and ending at the time of removal by City Hydrants. A. Use of Hydrants. 1) No person shall tamper, damage, or use water from a hydrant without first obtaining written approval from the Director or designee. 2) Some city owned hydrants exist outside the corporate City limits. The use of such hydrants is restricted to City and authorized personnel only. Anyone desiring to use these hydrants must obtain written approval from the Administrator or designee. B. Relocating Hydrants. 1) Cost. If an applicant and/or customer requests relocation of a fire hydrant the applicant and/or customer shall be liable for all costs incurred. 2) Deposit. A deposit in the amount of estimated costs of relocating the hydrant shall be required. If the deposit exceeds the actual costs, the applicant and/or customer shall be refunded their deposit less actual cost. If the deposit is less than City s costs, the additional costs shall be due and payable prior to activation of the hydrant. Cross Connection Codification and Repeal Ordinance 2773 Page 6 of 13

7 3) Fire Department Approval. The applicant and/or customer shall receive written approval from the Ashland Fire Department prior to requesting relocation of a hydrant Responsibility for Customer Facilities and/or Equipment. A. Condition of Customer Facilities. The customer shall install and maintain, in a good and safe condition, all facilities and/or equipment required for receiving, controlling, applying and/or utilizing City water. The City shall not be liable for any loss or damage caused by improper installation, negligence, want of proper care, wrongful act(s) of customer or customer s tenants, agents, employees, contractors, licensees, or permittees installing, maintaining, using, operating, or interfering with customer s facilities and/or equipment. B. Water Service Billing Adjustments. No reduction in charges for water service shall be made for any cause, including leaks, freezing or similar instances. However, if the customer s facilities and/or equipment include facilities that are beyond the customer s control, the customer makes an immediate and diligent effort to repair the break as soon as possible after its discovery, and circumstances warrant it, such as with a break-in, the City, upon written request by the customer, may make an adjustment to the water service charge. The adjustment shall be based on previous years usage for the same billing period. Adjustments shall not exceed 50% of the difference between current and previous usage. All adjustments shall be made in accordance with the AMC. C. Damage to Customer Facilities. The City shall not be responsible for damage to property caused by customer s facilities and/or equipment when, or while, water service is in use by the City for repair or replacement of water mains, water services, or similar City owned and operated facilities relating to the production, treatment, or distribution of water to the customer s facilities. When possible the City will make a reasonable attempt to notify the customer of such activity Backflow Prevention. A. Purpose. The purpose of cross connection and backflow control is to protect the City s water system from contamination or pollution due to existing or potential cross connections. B. Cross Connections Regulated. All current or future cross connection devices shall be installed, used, or maintained in accordance with this Chapter. C. Backflow Prevention Assembly Requirements. 1) Customers adding chemicals or other substances to City water shall notify the City immediately. Cross Connection Codification and Repeal Ordinance 2773 Page 7 of 13

8 2) Approved backflow prevention assemblies shall be installed at the location service connection, or as determined by the City certified cross connection control inspector. Customer shall be liable for all associated costs. 3) Customer s water supply line and plumbing shall be open for City inspection. City authorized representative shall determine if structural or sanitary hazards exist due to cross connection devices. Upon the City s awareness of a hazard, the City shall discontinue service to premises. Water service shall resume following correction, inspection, and City approval of the customer s corrections. 4) Backflow protection shall be installed when cross connection devices exist. The degree of the hazard shall determine the correction needed. (a) Premises with a private water system connected, or intended to be connected, to the City water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention device. The City discourages such cross connections because of the high potential for backflow into the City water system. The City reserves the right to refuse such connections. (b) Premises that contain materials dangerous to health that could enter into the City s water system shall install a an approved air gap separation or an approved reduced pressure principle backflow prevention device. (c) Premises using or storing objectionable substance not hazardous to health shall protect the City water system by installing an approved double detector check valve assembly or installing an approved pressure vacuum breaker. (d) Irrigation systems may be protected by atmospheric and pressure vacuum breakers. A double detector check valve assembly shall be installed if systems are subject to flooding, backpressure, or if compressed air is used to winterize the system. (e) When water, gases, chemicals, or foreign substances that may contaminate the public water system as a result of backflow or backsiphonage are placed in the system, a reduced pressure principle backflow prevention device or an air gap separation shall be installed. 5) All City equipment using City water within the City water system shall protect the water with an approved device. Examples are street sweepers, fire trucks, and tanker or flusher trucks. 6) Installation of backflow protection devices shall comply with the installation guidelines defined in these rules. Cross Connection Codification and Repeal Ordinance 2773 Page 8 of 13

9 7) Customer shall keep backflow prevention devices in good working condition at all times. Customer shall have annual inspection and leakage tests by an individual certified by the State. Additional inspections shall be required when successive inspections indicate failure. Customer shall be financially liable for inspections and tests performed by City or private certified individuals. City shall be responsible for tests being completed in a timely manner. Defective backflow prevention devices shall be repaired, overhauled, or replaced at customer expense. All backflow prevention device testing records shall be submitted to the City Records of such tests, repairs, and overhauls shall be maintained by the City. 8) Existing backflow prevention devices, which do not meet requirements of these rules, but were approved devices at the time of installation, and have been properly maintained, shall be excluded from the requirements of these rules except for the requirement in subsection (C)(7). The City water system must be protected in a method as determined by City. Whenever an existing device is relocated the device shall meet requirements of these regulations. 9) If internal cross connections are not correctable, or an intricate plumbing arrangement makes it impractical to determine if a cross connection exists, City shall determine what backflow prevention devices are required. 10) All installation shall be in accordance with the Uniform Plumbing Code. 11) All new construction plans shall be submitted to the Director or designee for approval. 12) If a backflow prevention device is required to accomplish the purpose of these regulations, installation shall be made by a certified cross connection specialist. 13) If an appropriate cross connection application has not be filed with and approved by the City, water service shall be discontinued. 14) Pursuant to the State Health Division OAR Chapter 333, Division 61, an approved Double Check Valve Assembly (DCVA) shall be the minimum backflow protection for fire line services. (a) A Double Detector Check Valve Assembly (DDCVA) is required by City. (b) Systems that incorporate an antifreeze loop containing any type of chemical shall have an approved Reduced Pressure Principle Device installed on the antifreeze loop. D. Installation Requirements. To ensure proper operation and accessibility of all backflow prevention assemblies, the following is required: Cross Connection Codification and Repeal Ordinance 2773 Page 9 of 13

10 1) No part of the backflow prevention assembly shall be submerged or installed in a location subject to flooding. If a backflow prevention assembly is installed in a vault or basement, adequate drainage shall be provided. (a) DDCVA s may be installed below grade in a vault, provided that plugs are installed in the test cocks. 2) Assemblies must be installed at the connecting point of the City water service line. Alternate locations must be approved by the Director or designee prior to installation. 3) Assemblies must be protected from freezing and/or other severe weather conditions. 4) Backflow prevention assemblies shall be approved by the State of Oregon Health Division and the City. 5) Assemblies specifically approved by the Oregon Health Division for vertical installation shall be installed plumb. 6) Assemblies shall be accessible for maintenance and testing. Devices 2 and smaller shall have a minimum 6 clearance on all sides of the device. All devices larger than 2 shall have a minimum clearance of 12 on the back side, 24 on the test cock side, 12 below the device, and 36 above the device. 7) Any assembly installed inside premises shall be readily accessible during the City s regular working hours. 8) If an assembly is installed inside of premises, 4 above the floor and 2.5 or larger, the assembly must be equipped with permanently installed scaffolding approved by the City. Installation must also meet the U.S. Occupational Safety and Health Administration requirements and the State of Oregon Occupational Safety and Health Codes. 9) Reduced Pressure Principle Assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a boresight type drain. The drain shall be of adequate capacity to carry the full rated flow of the device and shall be screened on both ends. 10) An approved air gap shall be located at the relief valve orifice. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than 1. 11) When a backflow device is deemed necessary by the City, the model of assembly and installation plans shall be submitted to the City Water Department for approval prior to installation. 12) Upon completion of installation, the City shall be notified and all devices must be inspected and tested by certified personnel. All backflow devices must be recorded with the City. Registration records shall provide the installation date, make, model, serial number of backflow device, and the initial test report. Cross Connection Codification and Repeal Ordinance 2773 Page 10 of 13

11 Any variances from these installation requirements shall be requested in writing by the customer and approved by the Director or designee in writing prior to device installation. E. Access to Premises. Authorized employees of the City, with proper identification, shall have access during reasonable hours to all parts of the premise. If a customer refuses to give the City access to the premise for the purpose of inspection after receiving reasonable notice of the inspection at a reasonable time, then either a reduced pressure principle assembly shall be installed at the service connection to customer s premise at customer s expense by City the City. As an option the City may discontinue water service to the premises. F. Annual Testing and Repairs. All assemblies installed by a customer as required by the City shall be tested immediately upon installation and then annually by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced. The City may deny or discontinue water service to the premise for noncompliance of testing and/or repairs. All testing and repairs are the financial responsibility of the customer. G. Variances. Any variances from these requirements shall be requested in writing by the customer and approved by the Director or designee prior to device installation. H. Cost of Compliance. All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow device are the responsibility of the customer. I. Termination of Service. Failure on the part of the customer to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for immediate discontinuance of water service to the premises. OAR Chapter 333, Division 61. The Director or designee shall make said determination Inspection of Premises. The City reserves the right to inspect the customer s premises if there is reason to believe that an unsafe condition exists. The City may refuse water service and disconnect the service connection from the water supply line if the plumbing, appliances or equipment using the water are dangerous, unsafe or not in compliance with all City, State or Federal laws or standards Grounding Wire Attachments. The attachment of any ground wire(s) to any plumbing or water supply line shall be at the customer s risk. The City assumes no liability for damage to customer s premises or persons on customer s premises caused by the ineffectiveness of such a grounding wire or system. The City shall hold customer liable for any damage to City property caused by customer s grounding wire or system. Cross Connection Codification and Repeal Ordinance 2773 Page 11 of 13

12 Surge Control. A. City Control. The City may discontinue water service if customer s facilities and/or equipment create excessive pressure surges in City water system. The Director or designee shall determine excessive pressure surges. B. Customer Responsibility. If the applicant and/or customer s facilities and/or equipment creates excessive pressure surges in the City water system, the applicant and/or customer shall be responsible to install the City approved surge control equipment and maintain the surge control equipment in proper operating order at applicant/customer s expense. If the City determines excessive pressure surges from the applicant and/or customer s facilities and/or equipment has caused damage to the City water system, the City may bill the customer for cost of repairs of said damage Pressure and Supply. The City assumes no responsibility for loss or damage caused by lack of water volume or water pressure. The City agrees to provide water service to the applicant and/or customer at pressures and volumes as are available in the water system. Water service is subject to shut-downs and variations required for the operation and maintenance of the water system Noncompliance with Regulations. The City may discontinue water service if the customer fails to comply with this ordinance. The cost of discontinuing and restoring water service to the customer shall be established by the Council Penalties. A violation of this section shall be punishable by a minimum fine of $500 upon conviction. SECTION 2. Repeal. The City of Ashland Ordinance No is hereby repealed in its entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, Cross Connection Codification and Repeal Ordinance 2773 Page 12 of 13

13 shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word ordinance may be changed to code, article, section, chapter or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of, 2008, and duly PASSED and ADOPTED this day of, Barbara M. Christensen, City Recorder The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of, 2008, and duly PASSED and ADOPTED this day of, Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of, Reviewed as to form: John W. Morrison, Mayor Richard Appicello, City Attorney Cross Connection Codification and Repeal Ordinance 2773 Page 13 of 13