HomeMy WebLinkAboutOrdinance 1932ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE TITLE 13
PERTAINING TO WATER
Recitals
1. The City of Central Point has recently conducted a water rate study and has
determined from the findings of that study that it is in the best interest of the City's water
utility service business that water usage rates and fee structure should be amended;
2. The water rate and fee structure amendments include changing from a flat rate
structure to a block rate structure to encourage water conservation and provide for a more
equitable billing based on customer water usage, which will provide financial stability for
the water fund; and
3. This ordinance also updates and consolidates the water code, so that some
previous ordinances are repealed.
Now, therefore, the people of the City of Central Point, Oregon do ordain as
follows:
Section 1. Central Point Municipal Code Title 13 is hereby amended to read as
follows:
Title 13
Water
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
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.
"Main" means a water line 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 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 a city -approved location
other than the premises at which the standby water service is located.
"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.
"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 unmetered service.
"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.
Chapter 13.04
WATER RATES AND REGULATIONS
Sections:
13.04.010 Water Rates
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 for an
existing water service.
13.04.060 Leak adjustments.
13.04.070 Dates redefined by finance director.
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
Water Rates
A. Water rates, which are adopted by resolution, are based on a cost of service
structure and are defined by the following categories; residential,
commercial and standby, and irrigation. Special rate considerations are
also established for Hidden Grove, Jackson County Expo, Hardship
Discounts, and an Outside City Factor.
Water rates will generally include the following: a monthly fixed base
charge, a fixed monthly repair and replacement fee, and usage rates based
on consumption. Rates are also defined by meter size, and water usage
rates are based on an inclining scale.
B. Any amount of water used shall be paid for at the rate specified within the
water rate schedule adopted by resolution based 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.
D. Water rates and associated fees may be modified annually by resolution as
deemed necessary by the city council.
E. All water connections will be billed a nonrefundable account maintenance
fee of ten dollars.
F. Water connections or reconnections made on regular work days between
the hours of four -thirty p.m. and eight a.m., weekends, or holidays are
considered after hours and will be assessed an additional
seventy -five -dollar fee.
G. Water connection charges for bulk water drawn from fire hydrants will be
charged according to the water rate schedule adopted by resolution, plus a
$150 account set up fee.
H. Standby water service or fire protection water service charges will be
according to the water rate schedule adopted by resolution
I. Accounts turned off for nonpayment will be assessed a thirty -five -dollar fee
upon reconnection.
J. A thirty -five -dollar fee will be charged for all dishonored payments.
K. A water meter fee of two hundred fifty dollars will be charged for each meter.
L. A water tap fee of two thousand seven hundred dollars will be charged for
each new connection from the meter to the city water line.
M. Compound meters are assessed a monthly base rate, plus repair and
replacement fees according to the largest sized compound meter; with the
smaller bypass meters charged for water consumption only.
13.04.020
Water service deposits.
Water service deposits are no longer required or collected. Previous to the writing of this
ordinance, all deposits collected were refunded as a credit back to the customer's
account.
13.04.030
Water month designated.
For purposes of computing water charges, 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 a 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 to the finance
director, or his/her designee, of such intention. Any prepayment on account of such
water service over and above the amount owing by such user shall be refunded to said
user. If such refund is not claimed within one year, it shall be turned over to the State of
Oregon Unclaimed Property Program with the Department of State Lands.
13.04.050
Payment due date --Delinquent charges and reconnection 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. A delinquent charge of five dollars
shall be added to any water account balance of twenty dollars or more 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 13.04.120. If water service has been discontinued
due to nonpayment of water use charges, a fee will be charged in
accordance with Section 13.04.010.
Reconnection requests will be accepted only at City Hall during regular
business hours.
B. The finance director, 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 aforementioned temporarily activated water service shall
remain activated for no longer than ninety-six hours.
C. A fee in accordance with Section 13.04.120 will be charged for all
dishonored payments. The finance director, or his/her designee, shall have
the authority to immediately discontinue water service to any customer
whose payment for reinstatement of water services has been
dishonored. The finance director, 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 finance director, or his/her designee, shall have the authority to allow
customers to pay a delinquent account in regular, mutually agreed to, equal
amounts. The finance director, 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 one twelve-month period.
E. All outstanding fees and charges must be paid to the city finance
department prior to reconnection 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:
1. Application must be on a city -approved leak adjustment request
application form;
2. The leak must be substantiated by the public works department;
3. The leak must be repaired within fifteen days of discovery by the
water user or within 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
improperly set irrigation systems, or excessive watering, or water lines
broken as a result of negligence.
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
years. In the event that three years of water consumption records are not
available, the finance director, or his/her designee, will determine the
average consumption based on the best information available.
F. Leak adjustments will be allowed once per year, per esidence. Exceptions,
due to extraordinary circumstances, to this rule may be authorized by the
finance director or his/her designee.
13.04.070
Dates redefined by finance director.
In order to promote efficiency within and among city departments, the finance director
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 water line of the city until a permit
and payment of fees as required in this section has been completed.
B. Permits may be issued upon application to the building department
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:
1. A legal description (tax map and tax lot) of the parcel of land
proposed to be connected.
2. A plot plan of the property, drawn at an acceptable scale on an
eight -and -one -half-inch by eleven -inch 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.
3. 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. No water connection permits will be issued to any person who has a
thirty -day past due water bill, unpaid SDC, or any other unpaid bill due the
city.
E. 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.
F. 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 finance director, 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 provided
by the city. Such application shall be forwarded to the public works director,
or his/her designee, who may approve or deny, with just cause, such
requests.
B. If the public works director/designee 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 title.
13.04.100
Separate buildings.
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 public works director 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:
1. Agrees to the metering of said water use by the city.
2. Pays all fees and charges for a three-inch water meter as
described in Section 13.04.010 set forth in this chapter.
3. 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.
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:
A. A notice shall be sent to the owner of the property at the address of record,
and to the customer at the address to which billings have been
mailed. However, if any addresses are the same, only one notice need be
sent to that address.
B. The notice shall state the city's intention to terminate service seven
calendar 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 seven calendar days from
the date of the mailing of this notice."
C. In the event a customer disagrees with the intended termination of service,
the finance director or his/her designee shall provide an opportunity for the
customer to be heard in a conference prior to the termination of service.
D. The finance director or his/her designee shall, after the passage of seven
calendar 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 customers 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 public works director, or his/her
designee, shall cause notice of said cut-off to be delivered to the water customers
affected thereby, either by direct contact, by telephone, by mail, by email, 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;
5.
Allow a water meter to become inaccessible so that it cannot be
serviced by the city.
B. It is also unlawful for any person to do any of the following:
1.
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/her job.
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.
All standby water service systems shall be subject to the following requirements:
A. 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.
B. 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 public works director or his/her designee of the requirements of this
chapter.
C. The public works director 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 a
full -flow meter, charges shall be the standard water use charges set forth in
Chapter 13.04. In the event said water is used in a system having other
than a full -flow meter, the public works director or his/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 be the occupant of the
residence and 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 fifteenth of each year thereafter. The finance department 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 fifty
percent of the regular rate for water, inclusive of the fixed minimum rate established in
Chapter 13.04.
13.16.040
Unlawful 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
CROSS -CONNECTION CONTROL
Sections:
13.20.010
Purpose.
13.20.020
Definitions.
13.20.030
Backflow prevention assembly (BPA) requirements.
13.20.040
BPA installations in the rights-of-way.
13.20.050
Installation requirements.
13.20.060
Maintenance and testing requirements for BPAs.
13.20.070
Inspection and testing of BPAs.
13.20.110
Mobile units.
13.20.120
Multiple connections.
13.20.130
Thermal expansion.
13.20.140
Pressure loss.
13.20.200
Tester requirements and responsibilities.
13.20.310
Water service termination.
13.20.320
Notice of appeal.
13.20.400
Permits and fees.
13.20.010
Purpose.
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 -connections, and to implement and
enforce the requirements of OAR Chapter 333, Division 61, for public water systems. No
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, testing, 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 described herein. The city's adopted plumbing
codes and the requirements of OAR Chapter 333, Division 61, are incorporated 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.
13.20.020
Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
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 back siphonage. 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 receiving
vessel, plumbing fixture or other device. An "approved 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 device--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 hydraulically 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 assembly.
3. Reduced Pressure Principle Detector Backflow Prevention 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.
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 Assembly PVBA or Pressure Vacuum
Breaker or PVB. An assembly which provides protection against back siphonage, 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
downstream 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 introduction of fluids, mixtures or
substances from any source other than the intended source.
"Back siphonage" means the flow of water or other liquids, 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 pressure 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 ("potable"), owned and operated by the city.
"Contamination" means the entry or presence in a public water supply system of any
substance which may be harmful to health or the quality of the water.
"Cross -connection" means any unprotected actual or potential (direct or indirect)
connection or physical arrangement through which it is possible to introduce into any part
of the drinking water system any liquid or substance other than the intended unused
potable water, by backflow, backpressure, or back siphonage.
"Degree of hazard" means the low or high hazard classification that shall be attached to
all actual or potential 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 vehicles 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" means the appropriate backflow prevention 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 designated by the city to perform
cross -connection control duties that shall include, but are not limited to, testing,
cross -connection inspections and water -use surveys.
"Residential use" means and includes, but is not limited to, single-family or multifamily
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.
"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 approved by the city to perform the required testing, maintenance,
repair, and replacement of the assembly.
13.20.030
Backflow prevention assembly (BPA) requirements.
This chapter shall apply to all properties within the city, and any properties located outside
the city limits which are connected to the city water system. If an air -gap or BPA is
required to be installed, the water service 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 elimination 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 inspection 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. Manufacturing, processing, or maintenance materials or methods are being
used such that if cross -connection (including backpressure, 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. An RP BPA must be installed if any
solution other than the city's potable water can be introduced 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 to, shopping malls and buildings with undetermined occupancy),
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 domestic 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.
13.20.040
BPA installations in the rights-of-way.
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 infrastructure.
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.
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 licensed 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 BPAs are required to have brass or plastic threaded pipe plugs installed
in all test cocks. Galvanized 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 installed immediately inside the building being served;
but in any case must be installed before the first branch line. BPAs that are
installed or located within city's rights-of-way are the responsibility of the
property owner.
E. All vertical installations of BPAs 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., Monday through Friday, or as otherwise required and
approved by the city.
H. BPAs 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 requirements
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 uninterrupted water service, and are
required to have a BPA, shall make provisions for the parallel installation of
BPAs 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 premises 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 approved 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 BPAs must be registered with the city. Registration 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 BPAs may be utilized only in single zone
irrigation systems.
P. BPAs shall be sized to provide an adequate supply of water and pressure
for the premises being served. Consult 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.
13.20.060
Maintenance and testing requirements for BPAs.
A. A person who owns, operates, or manages premises where required BPAs
are installed shall maintain such BPAs 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
inspections 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 responsibility 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 tester 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.
13.20.070
Inspection and testing of BPAs.
A. The city shall require inspection and testing of all BPAs 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. BPAs 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.
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 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 connection into the city's water system.
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(ies) will be commensurate with the degree of hazard that could occur in the
event of a cross -connection.
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 system.
13.20.140
Pressure loss.
Double check valves assemblies shall have a maximum loss of ten psi and reduced
pressure backflow assemblies shall have a maximum loss of twenty-four psi.
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 appropriate State Contractor
Board and have a valid city business license.
C. The tester shall be responsible for accurate testing of BPAs 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 reports 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 BPAs may be revoked by the city if the tester has
falsely, incompletely, delinquently, 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 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.
13.20.310
Water service termination.
A. If, in the opinion of the city administrator or his designee, a customer is in
noncompliance with any provision of this chapter 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 terminate the water service immediately. The water service customer
will be noticed (by phone, facsimile, or in writing) 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 provision 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 noncompliance 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.
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's or his designee's written response has
been delivered to the premises, or in accordance with the schedule
included in the notice of noncompliance, whichever is last
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 testing.
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
installation permit fee for each BPA 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.
Section 2. Ordinances 1845, 1876, and 1909 are hereby repealed.
�hPassed by the Council and signed by me in authentication of its passage this
day of ,2009.
ATT ST:
City Representative
ao�
Approved by me this Lf'"day of �
J ,-20W.
Mayor H nk Williams