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HomeMy WebLinkAboutOrdinance 1845ORDINANCE NO. ~ .~ y S AN ORDINANCE AMENDING C.P.M.C. TITLE 13 PERTAINING TO THE DISTRIBUTION AND SALE OF WATER RECITALS 1. The Central Point City Council desires to change the City's water rate structure. 2. The afore mentioned change in the rate structure will affect Central Point Municipal Code (CPMC) title 13 in its entirety. 3. The Central Point City Council deems it necessary to repeal CPMC Title 13 in its entirety and replace it with the following new title 13. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. CPMC Title 13 is hereby replaced in its entirety. Title 13 WATER Section 2. Anew CPMC Title 13 is hereby enacted, to read as follows: Chapters: 13.01 Definitions 13.04 Water Rates and Regulations 13.08 Standby Water Service 13.16 Water Rate Discounts for Extreme Hardship 13.20 Cross-Connection Control Chapter 13.01 Definitions 13.01.010 Definitions A. As used in this Title, the singular includes the plural and the following words shall have their assigned meanings: "City" means the City of Central Point, Oregon. "Customer" means an individual, firm or corporation receiving water service and/or standby water service from the city. "Premises" means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment thereof. "Main" means a waterline designed or used to service more than one premises. "Month" means the period approximating one month in length and coinciding with the dates on which regular water meters are read. A fraction of a month shall be regarded as a full month. "Off-site alarms" means alarms that signal when triggered at acity-approved location other than the premises at which the standby water service is located. "Standby water service" means the provision of water for fire protection in a system whereby the water is designed to be available for use but not actually used except in the event of a fire. "Service connection" means the pipe, valves and other facilities laid from the main to and including any meter, or to the curb stop or shutoff valve on an un-metered service. Chapter 13.04 WATER RATES AND REGULATIONS Sections: 13.04.010 Rates -Established. 13.04.020 Water service deposit. 13.04.030 Water month designated. 13.04.040 Discontinuance of water use -Refunds. 13.04.050 Payment due date -Delinquent charges and reconnection fees. 13.04.060 Leak adjustments 13.04.070 Dates redefined by City Administrator 13.04.080 New water service connections -Fees 13.04.090 Water connection outside city 13.04.100 Separate buildings 13.04.110 Water use from fire hydrants 13.04.120 Unpaid accounts -Termination of service 13.04.130 Water cut-off by city 13.04.140 Authorization to adopt water curtailment plan 13.04.150 Unlawful acts 13.04.010 Rates -Established. The following rates are fixed and specified as the minimum rates to be charged per month for water use in the city: A. 3/< inch connect, minimum charge - $2.94 1 inch connect, minimum charge - $3.74 1 '/z inch connect, minimum charge - $4.54 2 inch connect, minimum charge - $6.75 3 inch connect, minimum charge - $23.02 4 inch connect, minimum charge - $29.04 6 inch connect, minimum charge - $43.10 8 inch connect, minimum charge - $57.16 B. Any amount of water used shall be paid for at the rate of $1.47 per one hundred cubic feet, or fraction thereof. C. The rate for use of water outside the city limits shall be one and one-half times the rate charged to users within the city. 13.04 020 Water service deposit. A deposit in the amount of $30.00 (thirty dollars) for each premises served shall be required of all applicants. Should water service be terminated for nonpayment of water use charges, the water customer will be required to pay an additional $30.00 (thirty dollar) deposit prior to resumption of water service. Additional deposits of $30.00 (thirty dollars) will be charged prior to each resumption of water service resulting from termination for nonpayment of water use charges thereafter. Water service deposits will be applied to any unpaid balance of the water account when the water service is terminated. Any remainder from the application of the water service deposit will be returned to the customer. 13.04.030 Water month designated. For purposes of computing water charges hereunder, a month shall be a period from the twentieth day of each month to the twentieth day of the succeeding month. Meter reading shall be done on or about the twentieth day of each month and done in such manner to provide, as nearly as practical, twelve equal periods between readings. 13.04.040 Discontinuance of water use -Refunds. Any person desiring to discontinue the use of water shall give notice, in writing, to the City Administrator, or his/her designee, of such intention. Any prepayment or deposit on account of such water service over and above the amount owing by such user shall be refunded to said user by check or cash at the City's discretion. If such refund is not claimed within sixty days, it shall be returned to the utility fund account. 13.04.050 Payment due date -Delinquent charges and re-connection fees for an existing water service. A. All water use charges shall become due on the tenth day of the month following the meter reading date and, if unpaid, shall become past due on the eleventh day of the same month. All water use charges shall become due on the twenty first day of the month following the meter reading date and, if unpaid, shall become subject to both a delinquent charge and disconnection of service. A delinquent charge of $5.00 (five dollars) shall be added to any water account on the tenth day that the account is past due. Any account past due more than thirty days shall be notified of the city's intention to terminate service in accordance with Section 13.040.120 of this chapter, and a $15.00 (fifteen dollar) processing fee shall be added to the water account. If water service has been discontinued due to nonpayment of water use charges, a re-connection fee will be charged to re-connect the water service. Re-connection fees will be assessed per the following schedule: Re-connection requests made on regular work days between the hours of 8:00 o'clock a.m. and 4:00 o'clock p.m. will be assessed a $20.00 (twenty dollar) re-connection fee. 2. Re-connection requests made on regular work days between the hours of 4:01 o'clock p.m. and 5:00 o'clock p.m. will be assessed a $45.00 (forty five dollar) re-connection fee. Re-connection requests will be accepted only at City Hall during regular business hours. 4. Re-connections made on regular work days between the hours of 5:01 o'clock p.m. and 7:59 o'clock a.m. the following work day, week-ends, or holidays are considered after hours re-connections and will be assessed $45.00 (forty five dollar) re-connection fee. B. The City Administrator, or his/her designee, shall have the authority to allow, under special circumstances, a customer's water service to be temporarily activated without following the normal procedures described in this chapter. The afore mentioned temporarily activated water service shall remain activated for no longer than 96 hours. C. A $25.00 fee will be charged for all checks returned because of insufficient funds. The City Administrator, or his/her designee, shall have the authority to immediately discontinue water service to any customer whose check for reinstatement of water services has been returned because of insufficient funds. The City Administrator, or his/her designee, shall also have the authority to require future payments by said customer to be made by cash, money order, or certified check. D. The City Administrator, or his/her designee, shall have the authority to allow customers to pay a delinquent account in regular, mutually agreed to, equal amounts. The City Administrator, or his/her designee, shall also have the authority to waive fees when deemed appropriate. Water customers requesting a payment plan or a waiver of fees may receive such benefits only one time in any two consecutive calender years. E. All outstanding fees and charges must be paid to the City Finance Department prior to re-connection of the water service. 13.04.060 Leak adjustments A. Residences with a probable water leak may apply for an adjustment to their water bill. The request for adjustment must meet the following criteria: Application must be on a City approved Leak Adjustment Request Application form; The leak must be substantiated by the Public Works Department; The leak must be repaired within 15 (fifteen) days of discovery by the water user or within 15 (fifteen) days of notification to the City, whichever is sooner. B. Leak adjustments are intended for water line leaks that cause an abnormally high monthly water bill. Adjustments will not be granted for faulty plumbing fixtures such as running toilets or leaky faucets, improperly set irrigation systems, or water lines broken as a result of construction. C. Satisfactory proof of repairs must be submitted with required application. Satisfactory proof of repairs must include: 1. A description of the repairs that were done; 2. A copy of the repair bill or receipts for necessary parts to complete the required repairs. D. The City will assume no responsibility for costs associated with the repair. E. Water bill adjustments caused by leaks will be for one-half of the total water consumption over and above the average consumption for that residence. The average consumption will be calculated by using the consumption for the same month's billing cycle as in the previous three year's. In the event that three years of water consumption records are not available, the City Administrator, or his designee, will determine the average consumption based on the best information available. F. Leak adjustments will be allowed once every two years -per residence. Exceptions, due to extraordinary circumstances, to this rule may be authorized by the City Administrator or his designee. 13.04.070 Dates Redefined ~ City Administrator In order to promote efficiency within and among City Departments, the City Administrator may, at his/her discretion, redefine the respective dates for meter reading, water use billing, payments due, delinquencies, and service discontinuance. 13.04.080 New water service connections -Fees. A. No connection shall be made with any waterline of the city until a permit and an agreement for payment of fees as required in this section has been completed. B. Permits may be issued upon application to the City Administrator, or his/her designee, under the terms and conditions set forth in this section, provided water is available. C. Applications for new connections shall include: A legal description (tax map and tax lot) of the parcel of land proposed to be connected. A plot plan of the property, drawn at an acceptable scale on an 8'/z' x 11"sheet of paper including all existing and proposed roads, driveways, sidewalks, buildings, other utilities (electric, phone, cable T.V., natural gas, etc.), and water meters. Name, address, and phone number of the applicant. 4. Name, address, and phone number of the person to be billed for the water service. D. Connection fees for new connections shall include the actual cost of labor, materials and administration costs associated with the installation of the water service. E. An estimate of the costs of the water meter and the installation thereof, and all connection fees and charges, including System Development Charges, shall be paid at the time the permit is issued. After completion of the water service installation, a final, actual cost of the installation will be determined by the City Administrator, or his/her designee. In the event that an overage has been paid to the City, the City will refund the over paid amount. In the event that a shortage in payment has occurred, the difference must be paid to the City prior to the City initiating water service to the property. F. No water connection permits will be issued to any person who has an outstanding unpaid water bill, unpaid SDC, or any other unpaid bill relating to water service. G. At the time of installation, ownership of the water meter shall revert to the city. As a condition of such connection, the city shall provide routine maintenance of the water meter thereafter. H. It shall be the duty of the owner of the property being served by a water service to protect his/her water service connection, including water meter, meter box, angle meter valve, and all other associated water meter appurtenances, from damage. In the event of damage, the City Public Works department will make all necessary repairs. A bill for the cost of repairs will then be added to the property owner's next available water bill. Acts of God, natural disasters, and defective equipment shall be exempted from the property owner's responsibilities to protect his/her water service connection as described herein. The City Administrator, or his/her designee, shall have the authority, under special circumstances, to waive or adjust repair costs associated with damage to water service connections as described herein. 13.04.090 Water connection outside city A. Requests for connection to the city's water system on properties lying outside the city limits shall be made by application on such form as the City Administrator, or his/her designee, may direct. Such application shall be forwarded to the Public Works Director, who may approve or deny, with just cause, such requests. B. If the Public Works Director approves the request, he/she shall cause the connection to be made. Upon approval of the permit, the person requesting the connection shall pay all applicable fees and charges as described in this ordinance. 13.04.100__Separate buildinas In no case shall two or more buildings be connected to a single water service with a single meter. Multiple water meters to a single building are discouraged, but under special circumstances multiple water meters to a single building may be allowed with written permission from the City Administrator, or his/her designee. 13.04.110 Water use from fire hydrants. A. Any person, firm or organization desiring to use water from a city fire hydrant, other than personnel from any fire department, shall apply to the Public Works Director at least five working days in advance of the date of the requested use. B. The Public Works Director, or his/her designee, may allow such a request in the absence of a conflict with the city's purposes, provided that the applicant complies with the following conditions: Agrees to the metering of said water use by the city; Pays all fees and charges fora 3-inch water meter as described in section 13.04.010 set forth in this chapter; Pays the water bill in accordance with the payment schedule described in section 13.04.050 of this chapter. 4. Is subject to termination of service for unpaid charges for water service as described in section 13.04.120 of this chapter. 5. Does not have an outstanding unpaid bill for fees or charges associated with water use in the City of Central Point. 6. Agrees to reimburse the City for all incurred costs associated with any damage to City owned equipment caused as a result of taking water. C. Upon issuance of the permit to take water from a City Fire Hydrant, the Public Works Director, or his/her designee, will assign a Fire Hydrant to be used by the permittee and attach thereto, with chain and lock, an approved hydrant meter and back flow prevention assembly. D. Personnel from any fire department, using water from a city fire hydrant, shall report such usage to the Public Works Director, or his/her designee, within five days following the date of such usage, together with an estimate of the amount of water used. 13.04.120 Unpaid accounts -Termination of service. A. In the event of unpaid charges for water service, repair bills, connecting service or reconnecting service, the city may terminate service to the account premises in accordance with this section. In the event the city intends to terminate service because of an unpaid account, the following procedure shall be followed: 1. A notice shall be sent to the owner of the property, at the address of record, to the customer at the address to which billings have been mailed, and at the address of the premises where the service is provided. However, if any addresses are the same, only one notice need be sent to that address. 2. The notice shall state the city's intention to terminate service ten calender days after the date of the mailing of the notice, and shall also contain the following language: "If you feel that there is a mistake on the bill or if you wish to dispute the amount of the bill, or you wish to dispute the termination of service, you may do so at Central Point City Hall during designated office hours prior to the expiration of ten calender days from the date of the mailing of this notice." 3. In the event a customer disagrees with the intended termination of service, the City Administrator or his/her designee shall provide an opportunity for the customer to be heard in a conference prior to the termination of service. 4. The City Administrator or his/her designee shall, after the passage of ten calender days from the date of the mailing of said notice, or following the conference referred to above if one is requested and attended, or following the date scheduled for the conference if one is requested and the customer fails to attend, have the authority to terminate service upon a finding that the charges have been accurately stated and have remained unpaid for a period of more than thirty days after the earliest of the charges was billed. 13.04.130 Water cut-off by city. The City shall attempt to notify costumers in the event that water service needs to be temporarily curtailed. However, water may at any time be shut off from the mains without notice for repair, extensions or other necessary purposes, and the city shall in no instance be held liable or responsible for any damages caused thereby. Where the city intends to voluntarily cut-off water service at a planned future time and where such cut-off is under such circumstances as to permit notice to be given, the City Administrator, or his/her designee, shall cause notice of said cut-off to be delivered to the water costumers affected thereby, either by direct contact, by telephone, by mail or by publication of notice in a newspaper of local circulation. 13.04.140 Authorization to adopt water curtailment plan. In the event of an emergency, the City Council may, by resolution, adopt a water curtailment plan to be effective in the city whenever enacted pursuant to the terms of such plan. Such water curtailment plan may be amended by resolution from time to time, as necessary. 13.04.150 Unlawful acts. A. It is unlawful for any person, other than an official representative of the City, to do any of the following: 1. Reconnect any water service after the same has been disconnected by the City for nonpayment of service charges or any other reason; 2. Disconnect or remove any lock or locking device placed on the meter by the City intended to prevent the use of water; 3. Connect any water service without first filing an application for connection to the city water system and paying all associated fees and charges required for said connection; 4. Connect any water service after application thereof has been denied for good and sufficient reason; Allow a water meter to become inaccessible so that it can not be serviced by the City. B. It is also unlawful for any person to do any of the following: Verbally or physically harm or threaten any city employee in the act of completing his/her job; 2. Attempt, in any way, to prevent the city from reading or servicing a water meter. 3. Impede any city employee from performing his/herjob. Chapter 13.08 STANDBY WATER SERVICE Sections: 13.08.020 Requirements. 13.08.030 Charges for service. 13.08.040 Water use. 13.08.050 Inspection. 13.08.060 Pressure and supply. 13.08.070 Violations. 13.08.020 Requirements. A. All standby water service systems shall by subject to the following requirements: A detector check or full-flow water meter shall be required for all standby water service systems except systems with water-activated off-site alarms. 2. Premises not having such off-site alarms shall install detector check meters on their standby water service systems within thirty days of notice in writing by the City Administrator or his/her designee of the requirements of this chapter. The City Administrator or his/her designee shall be notified not less than seven days prior to any system testing or drills which result in the flow of water through any standby water service system. 13.08.030 Charges for service. A. The monthly charge for standby water service shall be five dollars per month. In the event of water use by a standby water service system with afull-flow meter, charges shall be the standard water use charges set forth in chapter 13.04 of this title. In the event said water is used in a system having other than afull-flow meter, the City Administrator orhis/her designee shall estimate the volume of water used and apply such rates thereto. B. The customer shall pay the full cost of installation of the standby water service connection, the required meter and any special water main installed solely because of the customer standby water service system. 13.08.040 Water use. A. In the event that periodic readings of a detection meter at a standby water service system indicates water flow, the customer shall, within ten days of notification by the city, investigate and report the nature and extent of the usage to the City Public Works Director. B. In the event of a failure by the customer to comply with subsection (A) of this section, or in the event leakage persists following customer's attempt to repair the same, the city shall require the installation of a full-flow meter on said system at customer's expense. In addition, the customer will thereafter be charged for water use on the basis of the full-flow meter usage. Installation of the full-flow meter shall be completed by the customer within twenty days of official notification by the city. In the event of the failure by the customer to install such a meter upon notification, the city may, at its option, discontinue water service to the customer. 13.08.050 Inspection. The city assumes no responsibility for inspection or testing of standby water service systems or fire protection sprinkler systems but the city shall have the right to make or require to be made such inspection or testing at reasonable intervals. 13.08.060 Pressure and supply. The city assumes no responsibility for loss or damage because of lack of water or pressure and shall furnish such quantities and pressures as are available in its general distribution system. The service shall be subject to shutdowns and variations as required by the operation of the system. 13.08.070 Violations. Any violation of this chapter shall be punishable under the general penalty ordinance set forth in Chapter 1.16 of this code. Chapter 13 16 WATER RATE DISCOUNTS FOR EXTREME HARDSHIP Sections: 13.16.010 Qualification for discount. 13.16.020 Application. 13.16.030 Amount of discount. 13.16.040 Unlawful acts -Penalties. 13.16.010 Qualification for discount. Any household being served by city water and with a combined, total income falling below the Federal Poverty Level, shall be considered eligible to apply for a water rate discount. Persons applying for a water rate discount must be the person who has signed-up for the water service, a water customer of the city and the head of a household. 13.16.020 Application. Any person desiring to receive the water rate discount must submit an application to the city on forms to be provided by the city. Subsequent to initial qualifications for utility discount, any person must reapply on or before June 15"' of each year thereafter. The City Administrator shall determine whether any applicant meets the qualifications and requirements for discount as set forth in this chapter. 13.16.030 Amount of discount. The amount of discount for eligible persons, provided under this chapter, shall be 10% (ten percent) of the regular rate for water, exclusive of the fixed minimum rate established in Chapter 13.04. 13.16.040 Unlawfu_I acts -Penalties It is unlawful for any person to make, assist in making or to derive the benefits from, any false application for discounts provided under this chapter. In addition to other penalties provided by law, the city shall be entitled to recover from any person or persons receiving the benefit of discounts as a result of any false statement made in any application the amount therefore, including interest at the rate of nine percent per year from the date such discounts were granted. Chapter 13.20 Sections• 13.20.010 13.20.020 13.20.030 13.20.040 13.20.050 13.20.060 13.20.070 13.20.110 13.20.120 13.20.130 13.20.140 13.20.200 13.20.310 13.20.320 13.20.400 CROSS-CONNECTION CONTROL* Purpose. Definitions. Backflow prevention assembly (BPA) requirements. BPA installations in the right-of-way. Installation requirements. Maintenance and testing requirements for BPA's. Inspection and testing of BPA's. Mobile units., Multiple connections. Thermal expansion. Pressure loss. Tester requirements and responsibilities. water service termination. Notice of appeal. Permits and fees. 13.20.010 Puroose. The purpose of this chapter is to protect the water supply of the city from contamination or pollution due to any existing or potential cross-connec- tions, and to implement and enforce the requirements of OAR Chapter 333, Division 61 for public water systems. No * Prior ordinance history: Ord. 1613. 145 (Central Point 3/98} 13.20.020 cross-connections shall be created, installed, used or maintained within the area served by the city, except in accordance with this chapter. The standards set forth in this chapter are considered to be minimum requirements for safe practice in the delivery of water for domestic use. They are to be interpreted as meeting only the minimum requirements for design, construction, maintenance, test- ing, and operation for cross-connection control. The cost of complying with this chapter is the sole responsibility of the property owner and water service customer, as de- scribed herein. The city's adopted plumbing codes and the requirements of OAR Chapter 333, Division 61 are incorpo- rated and made a part of this chapter; if conflicts arise between the requirements of this chapter, the codes, or OAR 333-61, the more restrictive shall apply. (Ord. 1776 §1(part), 1997). 13.20.020 Definitions. For the purpose of this chap- ter, the following definitions shall apply unless the con- text clearly indicates or requires a different meaning: "Approved backflow prevention assembly" or "backflow assembly" or "assembly" means an assembly to counteract backpressure or prevent backflow or backsiphonage. This assembly must appear on the list of approved assemblies issued by the Oregon Health Division and be as specified in the city's PWD standards. These assemblies include: 1. Air Gap. A physical vertical separation between the free-flowing discharge end of a potable water supply piping and/or appurtenance and an open or nonpressure-re- ceiving vessel, plumbing fixture or other device. An "ap- proved air-gap separation" shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel, plumbing fixture or other de- vice -- in no case less than one inch. 2. Reduced Pressure Principle Backflow Prevention Assembly or Reduced Pressure Principle Assembly or RPBA Assembly or RP. An assembly containing two, independently- acting, approved check valves together with a hydraulical- ly-operated, mechanically-independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the inlet and outlet ends of the assem- bly. 3. Reduced Pressure Principle Detector Backflow Pre- vention Assembly or Reduced Pressure Detector or RPDA. An assembly composed of a line-size approved, reduced pressure principle assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall register accurately in cubic feet or gallonage for very low rates of flow. 145-1 (Central Point 3/98) _ _ 13.20.02.0 4. Double Check Valve Backflow Prevention Assembly DCVA or Double Check Valve Assembly or Double Check or DCA. An assembly which consists of two, independently-operating check valves which are spring-loaded or weighted. The assembly comes complete with a shut-off valve on each side of the check valves, as well as test cocks to test the check valves for tightness. 5. Double Check Detector Backflow. Prevention Assembly or Double Check Detector Assembly or DCDA.- An assembly composed of a line-size approved double check assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately in cubic feet or gallonage for very low rates of flow. 6. Pressure Vacuum Breaker Backflow Prevention Assem- bly PVBA or Pressure Vacuum Breaker or PVB. An assembly which provides protection against backsiphonage, but does not provide adequate protection against backpressure Backflow. The assembly is a combination of a single check valve with an air inlet valve, which can be used with down- -stream shut-off valves. In addition, the assembly has suction and discharge shut-off valves and test cocks which allows the full testing of the assembly. "Auxiliary Water Supply" means any water source other than the city's water system, including, but not limited to, domestic water wells and irrigation water sources. _ "Backflow" means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, .gases, or substances into the city's water system. "Backpressure" means any elevation of pressure in the downstream piping system above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow and the intro- duction of fluids, mixtures or substances from any source other than the intended source. "Backsiphonage" means the flow of water or other liq- uids, mixtures or substances into the distribution pipes of a potable water supply system from any source, other than its intended source caused by a sudden reduction of pres- sure in the potable water supply system. "BPA" means any Backflow prevention assembly approved by the city. "City" means the city of Central Point, Oregon or its designee. "City water system" means the system for providing piped. water for human consumption to the public ("pota- ble"), owned and operated by the city. "Contamination" means the entry or presence in a pub- lic water supply system of any substance which may be harm- ful to health or the quality of the water. "Cross-connection" means any unprotected actual or potential (direct or indirect) connection or physical ar- 145-2 (Central Point 3/98) 13.20.020 rangement through which it is possible to introduce into any part of the drinking water system any liquid or sub- stance other than the intended unused potable water, by backflow, backpressure, or back-siphonage. "Degree of hazard" means the low or high hazard clas- sification that shall be attached to all actual or poten- tial cross-connections. 1. High Hazard. The classification assigned to an actual or potential cross-connection where a substance which, if allowed to backflow into the city water system, could cause illness or death. 2. Low Hazard. The classification assigned to an actual or potential cross-connection that could allow a substance which, if allowed to backflow into the city water system, would be objectionable but not a hazard to human health. "Mobile units" means any mobile equipment that uses water obtained through the city water system. Mobile units include, but are not limited to, carpet-cleaning vehicles or machines; water-hauling vehicles; street-cleaning vehi- cles or machines that use water; pressure washers, portable toilet-hauling and water-service vehicles, and septic tank- cleaning and hauling vehicles that use water. "Point-of-use isolation" means the appropriate backflow prevention within the consumer's water system at the point where the actual or potential cross-connection exists. "Premises" means any property to which water service is provided, including but not limited to, all residential, commercial, or industrial improvements; hospitals; clinics; parks; recreational sites; and any other land improvement that is served by the city water system. "Premises isolation" the appropriate backflow preven- tion assembly installed at the point of service connection between the city water system and the customer's water system, or other approved installation point. "Public works department (PWD)" means the department of the city responsible for operation and maintenance of the city water system. "PWD Standards" means the standard specifications and details of the city's public works department. "Representative of the city" means any person desig- nated by the city to perform cross-connection control du- ties that shall include, but are not limited to testing, cross-connection inspections and water-use surveys. "Residential use" means and includes, but is not lim- ited to, single- or multi-family dwellings, manufactured housing, and apartments where the individual units are each on a separate meter; or where two or more units are served by one meter. 145-3 (Central Point 3/98) _ _ ~ 13 .20.030 "Service connection" means the portion of the water system that conveys water from the distribution main to the outlet side of the city's meter. "Tester" means a person certified as an OHD backflow prevention assembly tester who is registered with and ap- proved by the city to perform the required testing, mainte- nance, repair, and replacement of the assembly. (Ord. 1776 A (part), 1997). ments. Chapter 13.20 shall apply to all properties within the city, and any properties located outside the city lim- its which are connected to the city water system. If an air-gap or BPA is required to be installed, the water ser- vice customer and the owner of the property are jointly responsible for installing and maintaining the approved air-gap or BPA. The type and location of the BPA and elim- ination method shall be subject to review and approval by the city. The property owner and water service customer jointly assume all responsibility for any damages resulting from installation, operation, testing, maintenance, repair, and/or replacement of any BPA. Cross-connection control may be required or upgraded in each of the following minimum specific circumstances, as determined by the city administrator or his designee: A. Cross-connections or potential cross-connections exist; B. There is a history of cross-connections being established or reestablished; C. Entry has been denied for cross-connection inspec- tion when an existing or potential cross-connection is suspected to exist; D. Intricate plumbing arrangements are present that make it impractical to ascertain whether cross-connections exist; E. .Ianufacturing, processing, or maintenance materi- als or methods are being used such that if cross-connection (including back-pressure, back-siphonage, or backflow) should occur, a health hazard could result; F. An approved double check valve BPA shall be the minimum protection for any fire sprinkler systems using piping material that is not approved for potable water use; or a system that does not provide for periodic flow-through every twenty-four hours. ARP BPA must be installed if any solution other than the city's potable water can be intro- duced into the sprinkler system; G. There is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to the potable water piping; H. When a building is constructed on commercial or industrial property, and the end use of such building is not determined or could change (such as, but not limited 145-4 (Central Point 3/98) 13.20.040--13.20.050 to, shopping malls and buildings with undetermined occu- pance), a reduced pressure principle backflow prevention assembly shall be installed at the service connection; I. If it is determined the plumbing system has been changed without obtaining proper permits as required by the city; J. Any property with a non-pressurized water storage tank, or a pressurized water storage tank, excluding domes- tic hot water tanks with a capacity of one hundred gallons or less; K. A pressurized irrigation system is installed on the premises; L. An auxiliary water source exists on the property or is conveyed to the property. Cross connection control will not be required at the time of construction of new single-family residences, but may be subsequently required if any of the above noted conditions is determined to exist. (Ord. 1776 §1 (part), 1997). 1s.ZU.U4U~ BPA_.installations in the riahts-of-wav. A BPA may be installed upon or within any city rights-of-way based on the following minimum requirements: A. The BPA does not affect or interfere with the operation, use, or existing location of public infrastruc- ture. B. All permits required by the city to perform work in the city's rights-of-way shall be obtained. C. A property owner shall, at the request of the city and at the property owner's expense, relocate a BPA which encroaches upon any city rights-of-way when such relocation is necessary for street, sidewalk, or utility construction or repairs as required by the city. (Ord. 1776 §1(part), 1997). 13.20.050 Installation requirements. The following minimum requirements shall apply to the installation of BPAs: A. A BPA installer must obtain the required plumbing permits and any other permit required by the city; be li- censed by the state for the installation of BPAs; have a valid city business license; and have the installation inspected by the city. B. No part of a BPA shall be submerged in water or installed in a location subject to flooding, without the approval of the city public works department. C. All BPA's are required to have brass or plastic threaded pipe plugs installed in all test cocks. Galva- nized plugs in test cocks are not allowed. D. BPAs which are installed to isolate premises from the city water system shall be installed on the downstream side of the meter at or near the property line, or be in- 145-5 (Central Point 3/98) 13.20.050 stalled immediately inside the building being served; but in any case must be installed before the first branch line. BPA's that are installed or located within city's rights- of-way are the responsibility of the property owner. E. All vertical installations of BPA's must be as expressly approved by the city. F. The BPA shall be installed in accordance with city PWD standards and the specifications, requirements, and recommendations of the BPA's manufacturer. G. All BPAS shall be available for inspection, as a minimum, during the hours of eight a.m. to five p.m., Mon- day through Friday, or as otherwise required and approved by the city. H. BPA's installed inside a building, five feet or more above the floor, shall be equipped with a rigid and permanently-installed platform with railing acceptable to the city. This installation shall also meet the require- ments established by the U.S. Occupational Safety and Health Administration and the State of Oregon Occupational Safety and Health Codes. I. All facilities that require continuous uninter- rupted water service, and are required to have a BPA, shall make provisions for the parallel installation of BPA's so that testing, repair, maintenance, or replacement can be performed on one of the two BPAS, while still providing minimum flow requirements with only one of the two service lines in operation. J. In the event a point-of-use BPA has not had the testing or repair work as required by this chapter, a pre- mises isolation BPA or approved air gap may be required. K. Upon completion of any BPA installation, the city shall be notified by the property owner. The city will then conduct an inspection. If the installation is ap- proved by the city, the property owner shall have the BPA tested by an authorized tester. Test results shall be provided by the property owner or tester to the city. L. All BPA's must be registered with the city. Reg- istration shall consist of address and physical location of BPA; date of installation; manufacturer's name, model, type, size, and serial number; and a copy of the initial test report. M. Bypass lines (that are not an integral part of the BPA) are prohibited. Pipe fittings which could be used for connecting bypass lines shall not be installed. N. BPA information nameplate and serial number must be attached to the BPA; be readily visible; and be designed to be permanent and resilient to environmental conditions. O. Pressure vacuum breaker BPA's may be utilized only in single zone irrigation systems. P. BPA's shall be sized to provide an adequate supply of water and pressure for the premises being served. Con- 145-6 (Central Point 3/98) 13.20.060--13.20.110 sult manufacturer's specifications for specific performance data such as flow characteristics. Variances from these specifications will be evaluated by the city administrator or his designee on a case-by-case basis. Any variances must have prior written approval by the city. (Ord. 1776 §1(part), 1997). 13.20.060 Maintenance and testing requirements for BPA's. A. A person who owns, operates, or manages premis- es where required BPA's are installed shall maintain such BPA's in proper working order at all times. It shall be the duty of the water service customer to keep BPAs in good working condition at all times. It shall also be the duty of the water service customer to have thorough inspections .and assembly performance/leakage tests made at least once a year or more often in those instances where successive inspections or tests indicate failure. These inspection and tests, performed for and at the expense of the water service customer, must be performed by a person registered with and approved by the city as a tester. It is the re- sponsibility of the water service customer to see that these tests and inspections are completed. Testers may be required to notify the city in advance when the test is to be undertaken so that city representative(s) may witness the test. B. BPAs shall be repaired, overhauled, or replaced at the expense of the water service customer and property owner, in an expedient manner, whenever they are found to be defective. Records of such tests, repairs, overhauls, and/or replacements shall be maintained by the property owner, and the city. It is the responsibility of any test- er performing tests, maintenance, repair, overhauls, or replacements of any BPA, to submit records of such tests or work to the city within thirty days of the performance of such work. (Ord. 1776 §1(part), 1997). 13.20.070 Inspection and testing of BPA's. A. The city shall require inspection and testing of all BPA's in each of the following circumstances: 1. Immediately after installation of the BPA; 2. Whenever the BPA is moved; 3. A minimum of once a year; 4. Immediately after repairs. B. BPA's may be required to be tested more frequently if, in the opinion of the city, it is determined that such factors as the repair history of the BPA, circumstances on the premises, and/or the degree of hazard present warrant additional testing. (Ord. 1776 §1(part), 1997). 13.20.110 Mobile units. Mobile units must obtain and maintain a current permit from the city before using any water. As a condition of issuing a permit, the city may 145-7 (Central Point 3/98) 13.20.120--13.20.200 connection into the city's water system. (Ord. 1776 §1(part), 1997). require a fixed air gap or BPA to be mounted on the vehicle or its piping system, or on the-city supplied hydrant meter which is rented by the mobile unit's owner for temporary system. (Ord. 1776 §1(part), 1997). 13.20.120 Multiple connections. Any premises to be served by multiple service connections shall be required to install a BPA or an approved air gap on each of the service lines to the premises. The assembly(s) will be commensu- rate with the degree of hazard that could occur in the event of a cross-connection. (Ord. 1776 §1(part), 1997). 13.20.130 Thermal expansion. If a BPA is installed, the property owner and/or water service customer should make allowances for thermal expansion within their water 13.20.140 Pressure loss. Double check valves assem- blies shall have a maximum loss of 10 psi and reduced pres- sure backflow assemblies shall have a maximum loss of 24 psi. (Ord. 1776 §1{part), 1997). 13.20.200 Tester requirements and responsibilities. The following are minimum requirements and responsibilities for BPA testers: A. BPA testers shall have liability insurance in the minimum amount of five hundred thousand dollars. If the employer holds the liability insurance, the tester may only test when working for the employer. B. All BPA testers shall be licensed with the appro- priate State Contractor Board and have a valid city busi- ness license. C. The tester shall be responsible for accurate test- ing of BPA's and shall submit complete reports thereof to the city no later than thirty days after the test has been completed. D. Registration by BPA testers with the city must include registration of all test gauges to be used by said tester (i.e serial numbers and model, or other applicable identification). Registered OHD identification numbers of test gauges shall be listed on tests and maintenance re- ports prior to being submitted to the city. E. Certified testers shall not change the design or operation characteristics of any BPA, unless otherwise approved (in writing) by the BPA manufacturer and OHD. F. City authorization to test BPA's may be revoked by the city if the tester has falsely, incompletely, delin- quently, or inaccurately filed BPA testing/maintenance/ repair reports; has used inaccurate, unregistered, uncalibrated, or improper gauges; has used improper testing methods or procedures; has expired insurance; is not in 145-8 (Central Point 3/98) 13.20.310--13.20.320 compliance with safety regulations; has a history of valid customer complaints; is not certified by the OHD to be a tester (at the time of testing); or is not licensed as noted in subsection B of this section. (Ord. 1776 §1(part), 1997). 13.20.310 Water service termination. A. If, in the opinion of the city administrator or his designee, a Cus- tomer is in noncompliance with any provision of this chap- ter and an immediate health hazard is present, (i.e. a noted cross-connection or potential cross-connection exists which poses an immediate health threat), the city may ter- minate the water service immediately. The water service customer will be noticed (by phone, facsimile, or in writ- ing) as soon as practicable after determination of the noncompliance item which presents the hazard, and again, immediately upon water service termination. The water service customer will be provided the opportunity to be heard upon request, as soon as practicable. B. If, in the opinion of the city administrator or his designee, a customer is in noncompliance with any pro- vision of this chapter and an immediate health hazard is not present, a noncompliance notice will be mailed to the property owner and water service customer. The noncompli- ance notice will state the reasons for noncompliance (which will include the applicable provisions of this chapter); the requirements needed to reestablish compliance; and a schedule for compliance which will include the date upon which water service termination would occur if the noted deficient items are not completed. (Ord. 1776 §1(part), 1997). 13.20.320 Notice of appeal. A. A property owner or water service customer receiving a noncompliance notice and/or water service termination may file a written appeal with the city administrator within five days after the noncompliance notice is mailed. The property owner or water service customer shall include a written explanation of the basis of the appeal. B. The city administrator or his designee will review the appeal and respond in writing to the customer within five days of receipt of the appeal with an explanation of the review of the appeal and specific actions to be taken by the customer or the city. If an immediate health hazard is not present, the termination of water service shall not occur prior to a period of forty-eight hours after the city Administrator or his designee's written response has been delivered to the premise, or in accordance with the sched- ule included in the notice of noncompliance, whichever is last. (Ord. 1776 §1(part), 1997). 145-9 (Central Point 3/98) 13.20.400 Permits and fees. The city council may, from time to time, establish by resolution a permit and administration fee structure for BPA installation and test- ing. A. Prior to installing any BPA, the property owner shall apply for and obtain a BPA Installation Permit and other required permits. The city shall charge an installa- tion permit fee for each BPA in the amount of twenty-five dollars for the purpose of covering city expenditures for initial registration, inspection, and administration. B. The city council may establish by resolution a monthly administration fee (per installed BPA) for the purpose of administration, inspection, and enforcement of the requirements of this chapter and the OHD as detailed in OAR 333-61-0070. This fee will be billed and collected as part of the monthly water service billing. (Ord. 1776 §1 (part), 1997). Passed by the City Council and signed by mein authentication of its passage this ~~~ day of ~~~ ~~ ,2004 l~ ~ ~ ~ _ Mayor Hank illiarf ATT T: ~ ~1 .~ ity Recorder ~" Approved by me this~_day of ,2004 .--? ~ ~_ Mayor Hank ~ illiams 145-10 (Central Point 3/98)