ORD-3182 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:

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1 ORD AN ORDINANCE TO AMEND SECTION AND ARTICLES I AND III OF CHAPTER 37 OF THE CITY CODE, PERTAINING TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION AND DUTIES OF THE DIRECTOR OF PUBLIC UTILITIES, AND ADOPTING THE CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION POLICY Sections Amended: City Code Sections 2-268, 37-1, , 37-68, 37-69, 37-70, Section Added: City Code Section Sections Repealed: City Code Sections though BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-268, 37-1, , 37-68, 37-69, 37-70, of the City Code are hereby amended, Section 37-72,1 of the City Code is hereby added, and Sections through of the City Code are hereby repealed, to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS Sec Composition, functions, etc., of engineering division. (a) The engineering division of the department of public works, subject to the supervision and control of the director of public works, shall be headed by the city engineer, who shall be a civil engineer, shall have a thorough knowledge of municipal engineering and shall be charged with maintaining official technical records of all streets, highways and other public properties, including utility lines on city properties; providing engineering plans, drawings, specifications and supervision for all construction and maintenance work where required; providing or reviewing all technical information for contracts submitted for public works and public utilities operations or construction; and providing engineering services and supervision to the city as may be prescribed.

2 33 34 CHAPTER 37. WATER SUPPLY 35 ARTICLE I. IN GENERAL Sec Definitions. Consumer: Any person to whom water from the city water system is supplied directly, either as owner, agent or tenant of the premises to which water service is provided supplied through a city meter, and who is liable to the city responsible for the payment of charges for the consumption of water so supplied Director: The director of public utilities or his designee Sec Ultra low-flush toilets; rebates (d) a rebate: The following requirements shall be met in order for any person to receive (1) A plumbing permit has been obtained from the permits and inspections division of the department of public works planning prior to the removal of the existing toilet and the installation of the ultra low-flush toilet; (2) The permits and inspections division of the department of public works planning has verified that all applicable requirements of law pertaining to such installation have been met and that the replacement toilet is designed to use no more than one and six-tenth (1.6) gallons of water per flush; 56 ARTICLE III. CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION Sec Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 2

3 Director: The director of public works of the city and utilities or his designated agents designee. Sec Objectives of article. The objectives of this article are to: (1) Protect the municipal water supply of the city from the possibility of contamination, by isolating, public health, safety, and welfare through a cross-connection control and backflow prevention program intended to prevent the potential or actual occurrence where a backflow, backpressure condition, or cross connection within piping or other portions of a customers' consumers private potable water systems, could allow the entry of contaminants or pollutants which could, under adverse conditions, backflow through uncontrolled crossconnections into the public water system.; (2) Eliminate or control existing cross-connections, actual or potential, at each water outlet from the consumer's service line.; (3) Provide a continuing inspection program of cross-connection control which will systematically and effectively control all actual or potential cross-connections which may be installed in the future.; and (4) Comply with all applicable regulations of the Commonwealth of Virginia pertaining to cross-connection control and backflow prevention. Sec Violations of article Prohibited connections. The director shall notify the owner or authorized agent of the owner of the building or premises in which there is found a violation of this article. The director shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the defect corrected by the end of the specified time interval, the director shall cause the water service to the premises to be terminated. The cost of all disconnection and reconnection shall be paid by the owner or occupant of the premises. Additionally, the owner may be charged with a Class 1 misdemeanor and each day of violation shall constitute a separate offense. 3

4 (a) No person shall install or maintain a water service connection to any premises where cross-connections to a waterworks or a consumer's water system may exist, unless such cross-connections are in compliance with this article and approved by the director in accordance with the written policies of the department of public utilities. (b) No person shall install or maintain any connection that may allow water from an auxiliary water system to enter a waterworks or consumer's water system, unless the auxiliary water system, the method of connection and the use of such system are in compliance with this article and approved by the director in accordance with the written policies of the department of public utilities. Sec General responsibilities of city and consumers as to protection of water supply Maintenance and inspection of backflow prevention devices. (a) The city, as the water purveyor, recognizes a responsibility to provide its customers, at the service connection, with safe, potable water under all foreseeable circumstances. Thus, in the exercise of this responsibility, the city must take reasonable precaution to protect the distribution system from the hazards originating on the premises of its customers. Such hazards exist in cross-connections and potential cross-connections within the water distribution system. (b) The consumer's responsibility starts at the point of delivery from the public potable water system and includes all of his water systems. The consumer, at his own expense, shall install, operate, test and maintain approved backflow prevention devices, as directed by the department of public works utilities. It shall be the duty of the consumer to have such devices inspected at least once a year annually or, more often, in those instances where successive inspections are indicated at such greater frequency as the director may deem necessary. These Such inspections will shall be made performed by a certified backflow prevention device worker tester of the city or other qualified person approved by the director. The consumer shall maintain accurate records of tests and repairs made to backflow prevention devices and provide the city director with copies of such records. The records shall be on forms approved or provided by the city director. In the event of accidental pollution or contamination of the public or consumer's potable water system, due to backflow on or from the consumer's premises, the owner shall promptly take steps to confine further spread of the pollution of contamination within the consumer's premises, and shall immediately notify the city director of the hazardous condition. Sec Inspections; notice to correct defects. 4

5 (a) The director shall have the right of entry into any building, during reasonable hours, for the purpose of making inspections of the water distribution system installed in such building or premise. The owner or occupant may accompany the inspector while this inspection is being made. (b) Due to changes in models, components, methods of manufacturing and additions to the plants, buildings, and the like, water use requirements undergo continual change. As a result, new cross-connections may be installed and existing protection may be by-passed, removed or be otherwise ineffective. As a result, a minimum of detail inspection of all water usage is required. (c) (b) All new construction plans and specifications for commercial buildings shall be made available to the director and building codes administrator to determine the degree of hazard of possible cross-connections. (d) (c) An on-site inspection of all existing buildings will be made to determine the degree of hazard to the public potable water system. If an unauthorized cross-connection is found, either actual or potential, the director shall inform the owner of the premises or his authorized agent what steps shall be taken to correct the crossconnections. A reasonable time will be given for compliance, depending on the degree of hazard involved. Upon failure of the owner or authorized agent to have the defects corrected by the specified time, the director shall cause the water service to the building or premises to be terminated. The department of public utilities shall, upon notice from the director, disconnect all water supply to any premises to which they are directed proceed in accordance with the provisions of Section Sec Violations. (a) Whenever the director determines that a violation of this article exists, he shall cause a notice of violation to be provided to the consumer at the premises at which the violation exists. Such notice may be mailed to the address of the consumer shown on the records of the department of public utilities or personally served upon the consumer. The notice shall be signed by the director, and may require any or all of the following actions to be completed by a date certain, which date shall, except in circumstances deemed by the director to constitute an imminent and substantial endangerment to public health, be not less than fourteen (14) calendar days from the date the notice was issued: (i) the immediate cessation or correction of the violation; (ii) the acquisition and installation of additional material, equipment, supplies or personnel to ensure that the violation does not recur; (iii) the submission of a certified plan to prevent future violations, which plan shall be prepared by a professional engineer licensed to practice in the Commonwealth of 5

6 Virginia; or (iv) any other corrective action deemed necessary for compliance with this article. (b) In the event the owner or occupant fails to comply with the terms of a notice of violation, the director may cause water service to the premises to be terminated. Where a violation constitutes an imminent and substantial endangerment to public health, the director shall terminate water service. The cost of all disconnection and reconnection shall be paid by the consumer prior to restoration of water service to the premises. (c) In addition to disconnection of water service as set forth in this section, and not in lieu thereof, a violation of any of the provisions of this article shall be punishable by a fine in an amount not exceeding Two Thousand, Five Hundred Dollars ($2,500.00) or may be enjoined by a court of competent jurisdiction upon application of the director, either or both. Sec General design, installation and maintenance standards for potable water supply system; Cross-Connection Control and Backflow Prevention Policy. A potable water supply shall be designed, installed and maintained in such a manner as to prevent contamination from nonpotable liquids, solids or gases, either harmful or benign, from being introduced into the potable water supply through crossconnections or any other piping connections to the system. This is accomplished by protecting every water outlet from the potable water system which poses a possible cross-connection. Wherever such outlets cannot be protected in accordance with the minimum air gap, a mechanical device shall be utilized to prevent backflow from backsiphonage or backpressure as appropriate, according to the degree of hazard. In cases where, in the judgment of the director, water usage is sufficiently complex or the severity of the hazard warrants or the premises has a history of cross-connections being established or re-established, an air gap or backflow prevention device shall be required immediately downstream from the service connection or at a point approved by the director. Potable water supply systems shall conform to the standards and specifications of the Department of Public Utilities Cross-Connection Control and Backflow Prevention Policy (May 2011), which Policy, including any future amendments thereto, is hereby adopted and incorporated by reference into this article. In the event of a conflict between the provisions of such Policy and applicable provisions of the Virginia Uniform Statewide Building Code or Virginia Waterworks Regulations, the provisions of the Building Code or Waterworks Regulations, as the case may be, shall apply. 6

7 Sec Required hazard and backflow prevention devices generally (RESERVED). (a) The cross-connection hazard and backflow prevention devices shall be as set forth in the following table: TABLE INSET: Type of Type of Device To Be Used Connection Air gap Nonp ressure vacuum breaker P ressure vacuum breaker Do uble- Check valve assembly Red uced pressure backflow prevention (1) Direct water connections subject to backpressure from: a. Pumps, tanks and lines containing: 1. Sewage substances 2. Toxic substances 3. Nontoxic substance b. Steam lines and steam boilers 1. Boiler or steam connection to toxic substances 2. Boiler or steam connection to nontoxic substances (boiler blow-off or drains not connected directly to sewer) 7

8 (2) Inlet water connections not subject to backpressure: a. Waste line (not subject to backpressure due to waste line stoppages) b. Low inlet to receptacles containing toxic substances c. Low inlet to receptacles containing nontoxic substances d. Low inlet into domestic water tanks No protection required e. Lawn sprinkler systems f. Coils or jackets used as heat exchangers in compressors, degassers or other equipment: 1. In toxic substances 2. In nontoxic substances No protection required toilets tanks g. Flush-valve h. Toilet and urinal i. Trough urinals j. Valved outlets or fixtures with hose attachments which may constitute a cross- 8

9 connection: 1. Toxic substances 2. Nontoxic substance k. Auxiliary water systems: 1. Toxic substances Nontoxic substance (b) The above table is to be used as a guide. In some cases more stringent cross-connection control may be required, at the discretion of the director and the bureau. Sec General prohibition against cross-connections (Reserved). (a) No person shall install or maintain a water service connection to any premises where cross-connections to a waterworks or a consumer's water system may exist, unless such cross-connections are abated or are in compliance with this article. (b) No person shall install or maintain any connection whereby water from an auxiliary water system may enter a waterworks or consumer's water system, unless the auxiliary water system, the method of connection and the use of such system are in compliance with this article. Sec Direct connections between auxiliary water system and potable water system (Reserved). No direct connection between an auxiliary water system and the potable water system shall be permitted, except when and where approved by the director and then only when an approved backflow prevention device is installed to isolate the two (2) systems. Sec Protective devices for fire systems (Reserved). 9

10 (a) Fire systems having direct connections from waterworks with no pumps or storage facilities, no connections to other water supplies, no antifreeze or other chemicals added to the fire system, and all sprinkler heads discharging to the atmosphere, are not required to have positive protective devices, although the owner may wish to install a check valve to keep the sprinkler system filled at all times. (b) In systems which are the same as referred to in subsection (a), except that booster pumps are installed in the connections from the waterworks, provision shall be made to avoid lowering the pressure at the connection to the waterworks below ten (10) pounds per square inch. (c) Fire systems having direct connections to the waterworks, plus approved storage tanks or fire pumps taking suction from approved storage tanks, and all facilities served by the waterworks, must be provided with an air gap, an approved double-gate, double-check valve assembly or a reduced pressure principle backflow preventer. Storage facilities must meet the requirements for pure water storage and the water in the tank must be maintained in a pure water condition. (d) Systems having direct connections to the waterworks similar to those referred to in subsections (a) and (b) of this section, and with an auxiliary supply within one thousand seven hundred (1,700) feet of the pump connection, must be provided with an air gap, a double-gate, double-check valve assembly or an RP device, depending on the quality of the auxiliary supply. A pump connection adjacent to a river, pond or other raw water source requires an air gap. An auxiliary source from an approved water supply requires either of the two (2) mechanical devices. (e) Fire systems having direct connections to the waterworks and interconnection with auxiliary supplies, such as pumps taking suction from raw water sources, exposed storage tanks, industrial water supplies or connections to unapproved groundwaters, or where antifreeze or other chemicals are added, must have an air gap. (f) Fire systems having direct connections to the waterworks from buildings having combined industrial and fire systems, either with or without storage tanks or pump connections, must have an air gap. (g) Fire systems having direct connections to waterworks serving lawn sprinkler or irrigation systems must have an air gap, double-gate, double-check assembly or an RP device. If the sprinkler or irrigation system is also connected to an auxiliary source, an adequate design must be provided to prevent backflow. 10

11 Sec Vacuum breaker for hose attachments (Reserved). Fixture inlets or valved outlets with hose attachments, which may constitute a cross-connection, shall be protected by an approved vacuum breaker installed at least six (6) inches above the highest point of usage and located on the discharge side of the last valve. Fixtures with integral vacuum breakers manufactured as a unit may be installed in accordance with their approved requirements. Sec Vacuum breakers and backflow preventers at hospitals, schools, etc. (Reserved) Hospitals, medical, dental, therapeutic and surgical facilities, mortuaries, schools or similar places shall have all water outlets protected by approved vacuum breakers on the discharge side of the last valve. Also, where toxic chemicals or where bacteriological and biological laboratories are used on the premises, an approved backflow prevention device shall be required to be installed either in the supply line to that section of the building or in the potable supply service to the building. Sec Backflow preventers at industrial plants (Reserved). All industrial plants either using or manufacturing chemicals shall, at the discretion of the director, be required to install an approved backflow prevention device in the potable water service line to the building. All new plants of this nature shall be required to install an approved backflow prevention device in the potable water supply line to the building.. Sec Backflow preventer for sewage treatment plants (Reserved). All sewage treatment plants shall have a reduced pressure principle backflow preventer installed on the main potable water service lines serving such plants. Sec Backflow preventers at waterfront facilities (Reserved). An approved backflow prevention device shall be installed on all outlets from the potable water system located on or near piers and docks. In addition, an approved backflow prevention device shall be installed in the potable water service line to such facility. Sec Restrictions on use of vacuum breakers (Reserved). 11

12 (a) Nonpressure vacuum breakers may be used only as protection for direct or indirect water connections where the vacuum breakers are not subjected to backpressure and to constant pressure from the supply. (b) Pressure vacuum breakers may be used only as protection for direct or indirect water connections where the vacuum breakers are not subjected to backpressures. These units may be installed under continuous line pressure. Sec Permitted use of double-check valve assemblies and RP devices (Reserved). (a) Double-check valve assemblies may be used as protection for all direct or indirect water connections through which foreign materials might enter the system in the form of concentration which would constitute a nuisance or be objectionable, such as steam, air, food, beverages or other materials which do not constitute a health hazard. This device must be installed in conjunction with two (2) gate valves and four (4) test cocks to allow the device to be tested for proper operation. (b) RP devices may be used as protection for all direct or indirect water connections where such devices may be subject to backpressure. Sec Standards for backflow prevention devices (Reserved). Devices for the prevention of backflow shall be tested and certified to meet the standards of the following agencies: (1) American Society of Sanitary Engineers (ASSE). (2) American Water Works Association (AWWA). (3) American National Standards Institute (ANSI). (4) University of Southern California Foundation For Cross-Connection Control. (5) Department of Health, Education and Welfare List of Accepted Equipment for Interstate Carriers. Sec Location and installation requirements for protective devices (Reserved). (a) Backflow prevention devices shall be accessibly located, preferably in the same room with the fixture they serve. In all cases, installation will be in accordance with the manufacturer's recommendations. 12

13 (b) Atmospheric vacuum breakers shall be installed with the critical level at least six (6) inches above the flood rim of the fixture they serve and on the discharge side of the last control valve. (c) Pressure type vacuum breakers shall be installed with the critical level at least twelve (12) inches above the flood rim of the fixture they serve. (d) RP devices and double-check valve assemblies shall be installed a minimum of twelve (12) inches above the existing ground level in an easily accessible location for testing and maintenance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 24 th day of May,