Ordinance No. 9,238Published in the Baytown Sun
October 1, 2001
October 2, 2001
ORDINANCE NO. 9238
Published in the Baytown
Sun on October 4, 2001 and
October 5, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IV "PLUMBING CODE" OF THE CODE OF
ORDINANCES OF BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO
BE NUMBERED AND ENTITLED SECTION 18 -466 "CROSS- CONNECTION
CONTROL PROGRAM "; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 18 "Buildings and Building Regulations," Article IV
"Plumbing Code" of the Code of Ordinances of Baytown, Texas, is hereby amended by adding a
section to be numbered and entitled Section 18 -466 "Cross- connection control program," which
said section to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
Section 18 -466. Cross - connection control program
(a) 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.
The city shall discontinue water service if a required backflow prevention
assembly is not installed, maintained and tested in accordance with the
Commission Rules and this section.
(b) Backflow prevention assembly installation, testing and maintenance.
(1) All backflow prevention assemblies shall be tested upon installation by a
backflow prevention assembly tester and certified to be operating within
specifications enumerated in the Manual M14 or the University of
Southern California Manual of Cross - Connection Control, Ninth Edition.
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, Manual M14 or the
® University of Southern California Manual of Cross - Connection Control,
Ninth Edition. Test results shall be recorded on a backflow prevention
assembly test report form and submitted to the chief building official
within five (5) days of the test. Test and maintenance forms used shall first
be approved by the chief building official.
(3) 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 to the chief building official within
five (5) working days of the test, repair or overhaul of each backflow
prevention assembly.
(4) 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 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, Manual M14, or the plumbing
code adopted in section 18 -461, whichever is most stringent.
(5) Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with Manual M14. The original
calibration form must be submitted to the chief building official within
five (5) days of his request.
(6) The chief building official shall administer and maintain a program for the
receipt of annual testing and maintenance reports of all backflow device in
accordance with Section 290.44 (h) of the Commission rules.
(c) Customer service inspections.
(1) A customer service 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.
(2) 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 Texas State Board of Plumbing
Examiners; or
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® b. Customer service inspectors that have been licensed by the
Commission or its designated agent, and hold a current license
issued by the Commission.
(3) The customer service inspection must contain 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 is permitted. Potential sources
of contamination shall be isolated from the public water system by
a properly installed air gap or an appropriate backflow prevention
assembly.
b. No cross - connection between the public water supply and a private
water source shall exist. Where an actual air gap is not maintained
between the public water supply and a private water supply, an
approved reduced pressure -zone backflow prevention assembly is
properly installed and a service agreement exists for annual
inspection and testing by a recognized backflow prevention
assembly tester.
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% lead may be
used for the installation or repair of plumbing at any connection
that provides water for human use.
C. No solder or flux, which contains more than 0.2 % lead, can be
used for the installation or repair of plumbing at any connection
that provides water for human use. A minimum of one lead test
shall be performed for each inspection.
(d) 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 prevention assembly tester means a licensed backflow prevention
assembly tester, who holds a current license from the Commission.
Commission means the Texas Natural Resource Conservation Commission.
Commission rules means those rules governing public water systems and found in
Title 30 of the Texas Administrative Code Chapter 290, Subchapter D.
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® Manual M14 means the American Water Works Association's Recommended
Practice for Backflow Prevention and Cross - Connection Control, Second Edition.
Section 2: 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 N01100 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 3: 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 4: 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 5: 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 27th day of September, 2001.
ATTEST:
. MITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, City Attorney
c :kl h277 \Council \Ordinances \Cross- Connecti onContro1091901
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PETE C. ALFARO, Mayor