Ordinance No. 14,327ORDINANCE NO. 14,327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IV "PLUMBING CODE," SECTION 18-466
"CROSS -CONNECTION CONTROL PROGRAM," SUBSECTIONS (D), (F),
(G)(3), (H), AND (J) AND CHAPTER 98 "UTILITIES," ARTICLE III
"WATER SERVICE," SECTION 98-60 "FLAT -RATE SERVICE
PROHIBITED, SEPARATE METERING REQUIRED," SUBSECTION (C) OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO SPECIFY WHEN
CUSTOMER SERVICE INSPECTIONS ARE REQUIRED, WHO MAY
PERFORM SUCH INSPECTIONS AND HOW SUCH INSPECTIONS ARE
REPORTED; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00); 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 18 'Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program," Subsection (d)
"Prohibitions" of the Code of Ordinances, 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.
(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 having a customer service
inspection performed and the approval of the chief building 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.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program," Subsection (f) "Testing"
of the Code of Ordinances, 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.
(f) Testing.
(1) All backflow prevention assemblies shall be tested upon installation by a licensed
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 licensed 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 commission or as specified by the chief building official.
The tester is required to submit the test report through the city's authorized
system of record within five days of testing. The tester is required to pay the fee
associated with submitting the test report to the city as specified in section 2-595.
The tester must also maintain a current calibration certificate and tester license on
the city's authorized system of record.
Section 3: That Chapter 18 "Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program," Subsection (g)(3) of the
Code of Ordinances, 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.
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(g) Maintenance.
(3) Test gauges used for backflow prevention assembly testing shall be calibrated at
least annually in accordance with the commission standards. The original
calibration form must be submitted to the chief building official within five days
of his request.
Section 4: That Chapter 18 "Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program," Subsection (h)
"Customer service inspections" of the Code of Ordinances, 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.
(h) Customer service inspections.
(1) Required. A customer service inspection shall be completed at the property
owner's expense
a. prior to providing continuous water service to:
All new construction, as requested by the chief building official or
2. Any existing service when the chief building official or the director
of public works has reason to believe that a cross -connection or
other contaminant hazard exists; or
b. after any material improvement, correction, or addition to the private
water distribution facilities that requires a building permit.
(2) Customer service inspector qualifications. Only individuals with the following
credentials shall be recognized as capable of conducting a customer service
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.
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(3) Report. A customer service inspection shall be deemed successful only if the
inspection report contains a certification stating compliance to current
commission regulations or plumbing code including the following:
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 percent 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 percent lead content. If not properly labeled, please
provide written comment.
f. No solder or flux which contains more than 0.2 percent lead exists in
private water distribution facilities installed on or after July 1, 1988.
The inspector is required to submit the customer service inspection report through the
city's authorized system of record within five (5) days of the inspection. The inspector
is required to pay the fee associated with submitting the report to the city's authorized
system of record as specified in section 2-595. The inspector must maintain a current
calibration certificate and license on the city's approved system of record.
Section 5: That Chapter 18 'Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18-466 "Cross -connection control program," Subsection 6)
"Suspension of services" of the Code of Ordinances, Baytown, Texas, is hereby amended to read
as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
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Sec. 18-466. Cross -connection control program.
0) Suspension ofservices.
(1) The director of public works shall suspend or discontinue 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.
(2) 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 6: That Chapter 98 "Utilities," Article III "Water Service," Section 98-60
"Flat -rate service prohibited, separate metering required," Subsection (c) of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE III. WATER SERVICE
Sec. 98-60. Flat -rate service prohibited, separate metering required.
(c) Each multi -unit residential establishment and each commercial establishment shall be
either:
(1) Individually metered for water service or
(2) Jointly metered for water service if the utility account is opened by and remains in
the name of the owner of the property on which such establishment is located.
All meters for multi -unit residential establishments and commercial establishments must
be installed at the road right-of-way line or in a dedicated public utility easement.
Section 7: 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.
Section 8: 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
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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 9: 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.
Section 10: 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 vote of the City Council of the
City of Baytown, this the 131h day of February, 2020.
BRANDON CAPEtT110, Mayor
ATT ST:
L TICIA BRYSCH, Cit Jerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci ttorney
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