Ordinance No. 13,750ORDINANCE NO. 13,750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION (2) "DEVELOPMENT
SERVICES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY
ADDING A NEW SUBSECTION TO BE NUMBERED AND ENTITLED
SUBSECTION (N) "CROSS -CONNECTION CONTROL PROGRAM" TO
ESTABLISH A FEE FOR UPLOADING INSPECTION REPORTS;
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IV "PLUMBING CODE," SECTION 18-466
"CROSS -CONNECTION CONTROL PROGRAM"; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND N0/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2-595 "Fees for various city services," Subsection (2) "Development
services" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
subsection to be numbered and entitled subsection (n) "Cross -connection control program" to
read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2-595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
(2) Development services
(n) Cross -connection control program.
Upload inspection report ................................. $11.50
Section 2: That Chapter 18 "Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
Sec. 18-466. Cross -connection control program.
(a) Purpose. The purpose of this section is to prevent the contamination of water delivered
by the city's public water systems, whether within the city's corporate limits or its
extraterritorial jurisdiction.
(b) In general. No water service connection shall be made to any plumbing system where a
potential or actual contamination hazard exists unless the water supply is protected in
accordance with the commission rules and this section.
(c) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Backflow means the reversal of the flow of water or mixtures of water and other
liquids, gases, or other substances into the distribution pipes of a public water system.
Backflow prevention assembly tester or tester means a licensed backflow
prevention assembly tester, who holds a current license as a backflow prevention
assembly tester from the commission.
Commission means the state commission on state environmental quality.
Commission rules means those rules governing public water systems and found in
Title 30 of the Texas Administrative Code Chapter 290, Subchapter D.
Public water system means a system for the provision of water to the public as
defined in Title 30 of the Texas Administrative Code, Section 290.38.
(d) Prohibitions.
(1) Backflow is prohibited. A person shall not maintain a backflow prevention
device, plumbing fixture, equipment, or any other device that permits backflow,
or fail to install a backflow prevention device that is required under this section.
(2) No water service connection shall be made to any plumbing system where a
potential or actual contamination hazard exists unless the water supply is
protected in accordance with the commission rules and this section.
(3) No backflow prevention assembly or device shall be removed from use, relocated,
or other assembly or device substituted without the approval of the chief building
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official. Whenever the existing assembly or device is moved from the present
location or cannot be repaired, the backflow assembly or device shall be replaced
with a backflow prevention assembly or device that complies with this section,
the commission, or the plumbing code adopted in section 18-461, whichever is
most stringent.
(e) Program. The director of public works shall administer and maintain a program for the
receipt of annual testing and maintenance reports of all backflow devices in accordance
with section 290.44(h) of the commission's rules. The chief building official and the
director of public works may enter property that receives water service from the city's
public water system to inspect backflow prevention devices.
(f) Testing.
(1) All backflow prevention assemblies shall be tested upon installation by a
backflow prevention assembly tester and certified to be operating within
specifications as required and regulated by the commission. With the exception of
backflow prevention assemblies associated with non -hazardous residential lawn
irrigation systems, all backflow prevention assemblies, which are installed to
provide protection against health hazards, must also be tested and certified to be
operating within specifications at least annually by a backflow prevention
assembly tester.
(2) All backflow prevention assemblies shall be installed and tested in accordance
with the manufacturer's instructions, as required and regulated by the commission
or as specified by the chief building official. Test results shall be recorded on a
backflow prevention assembly test report form and submitted to the chief building
official within five days of the test. Test and maintenance forms used shall first be
approved by the chief building official.
(g) Maintenance.
(1) Each property owner is responsible for the maintenance and repair of each
backflow prevention device that is located on the property owner's property.
(2) Assemblies shall be repaired, overhauled, or replaced at the expense of the owner
whenever said assemblies are found to be defective by a backflow prevention
assembly tester. Original forms of such test, repairs, and overhaul shall be kept
and submitted through the city's approved method within five working days of the
test, repair or overhaul of each backflow prevention assembly. No backflow
prevention device may return to service until the owner has repaired or replaced a
backflow prevention device that is found to be defective.
(3) Test gauges used for backflow prevention assembly testing shall be calibrated at
least annually in accordance with the commission standards. The original
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calibration form must be submitted to the chief building official within five days
of his request.
(h) Inspections.
(1) Required. An inspection shall be completed prior to providing continuous water
service to all new construction, on any existing service when the chief building
official 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. The property owner shall be required to pay the cost
of inspection.
(2) Tester qualifications. Only individuals with the following credentials shall be
recognized as capable of conducting an inspection:
a. plumbing inspectors and water supply protection specialists that have been
licensed by the state board of plumbing examiners; or
b. inspectors that have been licensed by the commission or its designated
agent, and hold a current license issued by the commission.
(3) Report. An inspection shall be deemed successful only if the inspection report
contains a certification stating that each of the following is true of the system:
a. No direct connection between the public drinking water supply and a
potential source of contamination exists. Potential sources of
contamination are isolated from the public water system by an air gap or
an appropriate backflow prevention assembly in accordance with
commission regulations.
b. No cross -connection between the public drinking water supply and a
private water system exists. Where an actual air gap is not maintained
between the public water supply and a private water supply, an approved
reduced pressure principle backflow prevention assembly is properly
installed.
C. No connection exists which allows water to be returned to the public
drinking water supply is permitted.
d. No pipe or pipe fitting which contains more than 8.0% lead exists in
private water distribution facilities installed on or after July 1, 1988, and
prior to January 4, 2014.
e. Plumbing installed on or after January 4, 2014, bears the expected labeling
indicating <0.25% lead content. If not properly labeled, please provide
written comment.
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f. No solder or flux which contains more than 0.2% lead exists in private
water distribution facilities installed on or after July 1, 1988.
The tester is required to submit the inspection report through the city's authorized
system of record within five (5) days of the inspection. The tester is required to
pay the fee associated with submitting the report to the city as specified in Section
2-595. Tester must maintain current calibration certificate and tester license on
the city's approved system of record.
(i) Fire Hydrant Protection. Reduced -pressure principle backflow prevention assembly
(RPBA) shall be the minimum protection for fire hydrant water meters which are being
used for a temporary water supply during any construction or other uses which would
pose a potential hazard to the public water supply.
a. An RPBA must be installed if any solution other than potable water can be
introduced into the system.
b. It is the responsibility of all persons engaging in the use and rental of a fire
hydrant water meter to abide by the conditions of this section. All fire hydrant
meter rentals shall meet the current requirements as provided for by the city.
0) Suspension of Services.
a. The director of public works shall suspend or discontinue water service and
disconnect service to a person if the director determines that contamination or
pollution due to backflow presents an imminent threat to the public water system,
presents an imminent danger to public health or safety, or threatens to interfere
with the operation of the public water system.
b. The director of public works may suspend or discontinue water service if a
required backflow prevention assembly is not installed, maintained and tested in
accordance with the commission rules and this section.
Section 3: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency; and in all other respects, this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
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Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances; and
to this end, all provisions of this ordinance are declared to be severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vo j�of the City Council of the City of
Baytown, this the 26"' day of April, 2018.
DONCARLOS,
ATTEST:
lx&- V
Ci'
LETICIA BRYSCH, Ci y Clerk VjAYTo
s
APPROVED AS TO FORM:
Y A °% d'
OF
AO&ACIO RAMIREZ, SR., Cit ttomey
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