O90-51ORDINANCE NO. ~-,~-/
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH PROVIDING
FOR THE PROTECTION OF THE PUBLIC
POTABLE WATER DISTRIBUTION SYSTEM
FROM CONTAMINATION OR POLLUTION DUE
TO CROSS-CONNECTION, BACKFLOW OR
BACK-SIPHONAGE OF CONTAMINANTS OR
POLLUTANTS THROUGH THE WATER SERVICE
CONNECTION; PROVIDING FORDEFINITIONS;
PROVIDING FOR BACKFLOW PREVENTION
DEVICES; PROVIDING FOR INSPECTION,
TESTING AND MONITORING OF BACKFLOW
PREVENTION DEVICES; PROVIDING FOR
BACKFLOW PREVENTION PERMITS; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AUTHORITY
TO CODIFY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach desires to conform
to the Department of Environmental Regulation (D.E.R.), of
the State of Florida, Chapter 17-555, Florida
Administrative Code, as now written and as subsequently
amended; and
WHEREAS, the State Department of Environmental
Regulation is requiring community water systems to
establish a routine cross connection program for the
purpose of detecting and preventing cross connections that
create an imminent and substantial danger to the public
health by and from contamination due to the cross
connection; and
WHEREAS, it is the intent of the City to enact and
enforce an ordinanCe providing for such requirements,
standards and safeguards;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Article V, Chapter 26, Code of Ordinances,
is hereby created to read:
Section 26-105. Short Title.
This article shall be known as "The Boynton Beach
Cross Connection Control and Backflow Prevention
Ordinance".
Section 26-106. Definitions.
The following terms and phrases when used in this
chapter shall have the meaning ascribed to them in this
section except where the context clearly indicates a
different meaning. Words used in the present tense shall
include the future, and the singular number includes the
plural, and the plural the singular.
(1) "AIR-GAP" The unobstructed vertical
distance through the free atmosphere between the lowest
opening from any pipe or faucet supplying water to a tank,
plumbing fixture, or other device and the flood level rim
of said vessel. An approved air-gap shall be at least
double the diameter of the supply pipe; measured
vertically, above the top of the rim of the vessel and, in
no case, less than two inches. When an air-gap is used at
the service connection to prevent the contamination or
pollution of the public potable water system, an emergency
by-pass shall be installed in the by-pass system which
shall include an approved backflow prevention device.
(2) "APPROVED" Accepted by the Director of
Utilities as meeting an applicable specification stated or
cited in this section, or as suited for the proposed use.
(3) "AUXILIARY WATER SUPPLY" Any water supply
on, or available to, the premises other than the purveyor's
approved public potable water supply. These auxiliary
waters may include water from another purveyor's spring,
river, stream, harbor, or the like, or "used waters" or
"industrial fluids". These waters may be polluted or
contaminated or they may be objectionable and constitute an
unacceptable water source over which the water purveyor
does not have sanitary control.
(4) "BACKFLOW" The flow of water or other
liquid, mixture or substance under pressure into the
distributing pipes of a potable water supply system from
any source or sources other than its intended source.
(5) "BACKFLOW PREVENTER" A device or means
designed to prevent backflow or back-siphonage.
(6) "BACK-SIPHONAGE" The flow of water or other
liquid, mixture or substance into the distributing pipes of
a potable water supply system from any source other than
its intended source caused by the sudden reduction of
pressure in the potable water supply system.
(7) "CONTAMINATION" Any impairment of the
quality of potable water by sewage, industrial fluids,
waste liquids, compounds, or other materials to a degree
which creates a potential actual hazard to the public
health through poisoning or through the spread of disease.
(8) "CROSS CONNECTION" Any physical connection
or arrangement of piping or fixtures between two otherwise
separate piping systems, one of which contains potable
water and the other non-potable water or industrial fluids
of questionable safety, through which, or because of which,
backflow or back-siphonage may occur into the potable water
system. A water service connection between a public
potable water distribution system and a customer's water
distribution system which is cross connected to a
contaminated fixture, industrial fluid system, or with a
potentially contaminated supply or auxiliary water system,
constitutes one type of cross connection. Other types of
cross connections include connectors such as swing
connections, removable sections, four-way plug valves,
spools, dummy sections of pipe, swivel or changeover
devices, sliding multiport tube, solid connections, and the
like.
(a) "CROSS CONNECTION CONTROL BY
CONTAINMENT" The installation of an approved backflow
prevention device at the water service connection to any
customer's premises where it is not physically and
economically feasible to find and permanently eliminate or
control all actual or potential cross connections within
the customer's water system; or the installation of an
approved backflow prevention device on the service line
leading to and supplying a portion of a customer's water
system where there are actual or potential cross
connections which cannot be effectively eliminated or
controlled at the point of cross connection.
(b) "CROSS CONNECTION-CONTROLLED" A
connection between a potable water system and a non-potable
water system with an approved backflow prevention device
properly installed that will continuously afford the
protection commensurate with the degree of hazard.
(9) "DOUBLE CHECK VALVE ASSEMBLY" An assembly
of two independently operating approved check valves with
tightly closing shut-off valves on each side of the check
valves, plus properly located test cocks for the testing of
each check valve. The entire assembly shall meet the
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design and performance specifications and approval of a
recognized and City-approved testing agency for backflow
prevention devices. To be approved, these must be readily
accessible for in-line maintenance and testing.
(10) "HAZARD, DEGREE OF" The term is derived
from an evaluation of the potential risk to public health
and the adverse effect of the hazard upon the potable water
system, and shall include:
(a) "HAZARD-HEALTH" Any condition, device
or practice in the water supply system and its operation
which could create or, in the judgment of the Director of
Utilities, may create a danger to the health and well-being
of the water consumer. An example of a "HEALTH HAZARD" is
a structural defect, including a cross connection, in the
water supply system.
(b) "HAZARD-PLUMBING" A plumbing-type
cross connection in a consumer's potable water system that
has not been properly protected by a vacuum breaker,
air-gap separation, or backflow prevention device.
Unprotected plumbing-type cross connections are considered
to be a health hazard.
(c) "HAZARD-POLLUTIONAL" An actual or
potential threat to the physical properties of the water
system or to the potability of the public or the consumer's
potable water system but which would constitute a nuisance
or be aesthetically objectionable or could cause damage to
the system or its appurtenances, but would not be dangerous
to health.
(d) "HAZARD-SYSTEM" An actual or potential
threat of severe damage to the physical properties of the
public potable water system or the consumer's potable water
system or of a pollutant or contaminant which would have a
protracted effect of the quality of the potable water in
the system.
(11) "INDUSTRIAL FLUIDS SYSTEM" Any system
containing a fluid or solution which may be chemically,
biologically or otherwise contaminated or polluted in a
form or concentration such as would constitute a health,
system, pollutional or plumbing hazard if introduced into
an approved water supply. This may include, but shall not
be limited to: polluted or contaminated waters; all types
of process waters and "used waters" originating from the
public potable water system which may have deteriorated in
sanitary quality; chemicals in fluid form; plating acids
and alkalis; circulated cooling waters connected to an open
cooling tower and/or cooling waters that are chemically or
biologically treated or stabilized with toxic substances;
contaminated natural waters such as from wells, springs,
streams, rivers, bays, harbors, irrigation canals or
systems, and the like; and oils, gases, glycerine,
paraffins, caustic and acid solutions, and other liquid and
gaseous fluids
used in industrial or other purposes or for fire fighting
purposes.
(12) "POLLUTION" The presence of any foreign
substance (organic, inorganic or biological) in water which
tends to degrade its quality so as to constitute a hazard
or impair the usefulness or quality of the water to a
degree which does not create an actual hazard to the public
health but which does adversely and reasonably affect such
waters for domestic use.
(13) "PRESSURE-TYPE VACUUM BREAKER" An assembly used
to isolate entire irrigation lines from potable water
systems. It has the ability to withstand supply pressure
for long periods and to prevent backflow of toxic and
non-toxic water into the potable water system in
back-siphonage conditions. To be approved, these devices
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must be readily accessible for in-line maintenance and
testing.
(14) "PURVEYOR" or "WATER PURVEYOR" The owner or
operator of the public potable water system supplying an
approved water supply to the public.
(15) "REDUCED PRESSURE PRINCIPLE DEVICE" An assembly
of two independently operating approved check valves with
an automatically operating differential relief valve
between the two check valves, tightly closing shut-off
valves on either side of the check valves, plus properly
located test cocks for the testing of the check and relief
valves. The entire assembly shall meet the design and
performance specifications and approval of a recognized and
City-approved testing agency for backflow prevention
assemblies. The device shall operate to maintain the
pressure in the zone between the two check valves at a
level less than the pressure on the public water supply
side of the device. At cessation of normal flow, the
pressure between the two check valves shall be less than
the pressure on the public water supply system side of the
device. In case of leakage of either of the check valves,
the differential relief valve shall operate to maintain the
reduced pressure in the zone between the check valves by
discharging to the atmosphere. When the inlet pressure
is two pounds per square inch or less, the relief valve
shall open to the atmosphere. To be approved, these
devices must be readily accessible for in-line maintenance
and testing and be installed in a location where no part of
the device will be submerged.
(16) "WATER"
(a) "WATER - NON-POTABLE" Water which is not
safe for human consumption or which is of questionable
potability.
(b) "WATER - POTABLE" Any water which,
according to recognized standards, is safe for human
consumption.
(c) "WATER SERVICE CONNECTIONS" The terminal
end of a service connection from the public potable water
system; that is, where the water purveyor loses
jurisdiction and sanitary control over the water at its
point of delivery to the customer's water system. If a
meter is installed at the end of the service connection,
the service connection shall mean the downstream end of the
meter. There should be no unprotected takeoffs from the
service line ahead of any meter or backflow prevention
device located at the point of delivery to the customer's
water system. "SERVICE CONNECTION" shall also include
water service connection from a fire hydrant and all other
temporary or emergency water
service connections from the public potable water system.
(d) "WATER - USED" Any water supplied by a
water purveyor from a public potable water system to a
consumer's water system after it has passed through the
point of delivery and is no longer under the sanitary
control of the water purveyor.
(17) "WATER SYSTEM" The water system shall be
considered as made up of two parts: The customer system
and the utility system.
(a) The "CUSTOMER SYSTEM" shall include those
parts of the facilities beyond the termination of the
utility distribution system which are utilized in conveying
utility-delivered domestic water to points of use.
(b) The "UTILITY SYSTEM" shall consist of the
source facilities and the distribution system; and shall
include all those facilities of the water system under the
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complete control of the utility, up to the point where the
customer's system begins (meter). The "SOURCE" shall
include all components of the facilities utilized in the
production, treatment, storage and delivery of water to the
distribution system. The "DISTRIBUTION SYSTEM" shall
include the network of conduits used for the delivery of
water from the source to the customer's system.
§ 26-107 BACKFLOW PREVENTION DEVICES; WHEN REQUIRED;
SPECIFICATIONS.
(1) No water service connection to any premises shall
be installed or maintained by the water purveyor unless the
water supply is protected as required by state law and
regulation (Chapter 17-555, Florida Administrative Code)
and this ordinance. Service of water to any premises shall
be discontinued by the water purveyor if a backflow
prevention device required by this subchapter is not
installed, tested and maintained, or if it is found that a
backflow prevention device has been removed, bypassed, or
if an unprotected cross connection exists on the premises,
Service will not be restored until such conditions or
defects are corrected.
(2) The customer's system should be open for
inspection at all reasonable times to authorized
representatives of the Utilities Department to determine
whether cross connections or other structural or sanitary
hazards, including violations of these regulations, exist.
When such a condition becomes known, the Director of
Utilities shall deny or immediately discontinue service to
the premises by providing for a physical break in the
service line until the customer has corrected the condition
in conformance with state and city laws relating to
plumbing and water supplies and the regulations adopted
pursuant thereto.
(3) An approved backflow prevention device shall be
installed on each service line to a customer's water system
at or near the property line or immediately inside the
building being served and, in all cases, before the first
branch line leading off the service line, whenever the
following conditions exist:
(a) In the case of premises having an auxiliary water
supply which is not or may not be safe bacteriologically or
chemical quality and which is not acceptable as an
additional source by the Director of Utilities. The public
water system shall be protected against backflow from the
premises by installing a backflow prevention device in the
service line appropriate to the degree of hazard.
(b) In the case of premises upon which any
industrial fluids or any other objectionable substance is
handled in such a fashion as to create an actual or
potential hazard to the public water system, the public
system shall be protected against backflow from the
premises by installing a backflow prevention device in the
service line appropriate to the degree of hazard. This
shall include the handling of process waters and waters
originating from the utility system which have been subject
to deterioration in quality.
(c) In the case of premises having internal
cross connections that cannot be permanently corrected and
controlled, intricate plumbing and piping arrangements, or
where entry to all portions of the premises is not readily
accessible for inspection purposes, making it impracticable
or impossible to ascertain whether or not dangerous cross
connections exist, the public water system shall be
protected against backflow from the premises by installing
a backflow prevention device in the service line. The type
of protective device required shall depend upon the degree
of hazard which exists, as follows:
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(1) In the case of any premises where there
is an auxiliary water supply as stated in this section, the
public water system shall be protected by an approved
air-gap separation or an approved reduced pressure
principle backflow prevention device.
(2) In the case of any premises where there
is water or some substance that would be objectionable but
not hazardous to health if introduced into the public water
system, the public water system shall be protected by an
approved double check valve assembly.
(d) In the case of any premises where there is
any material dangerous to health which is handled in such a
fashion as to create an actual or potential hazard to the
public water system, the public water system shall be
protected by an approved air-gap separation or an approved
reduced pressure principle backflow prevention device.
Examples of premises where these conditions may exist
include wastewater treatment plants, wastewater pumping
stations, chemical manufacturing plants, hospitals,
mortuaries and metal plating plants.
(e) In the case of any premise where there are
"uncontrolled" cross connections, either actual or
potential, the public water system shall be protected by an
approved air-gap separation or an approved reduced pressure
principle backflow prevention device at the service
connection.
(f) In the case of any premises where, because
of security requirements or other prohibitions or
restrictions, it is impossible or impractical to make a
complete in-plant cross connection survey, the public water
system shall be protected against backflow or
back-siphonage from the premises by the installation of a
backflow prevention device in the service line. In this
case, maximum protection will be required; that is, an
approved air-gap separation or an approved reduced pressure
principle backflow prevention device shall be installed in
each service to the premise.
(g) An approved backflow prevention device of
the type designated shall be installed on each water
service connection to the following types of facilities.
This list is presented as a guideline and should not be
construed as being complete.
Abbreviations are as follows:
- Air Gap Separation
RoPo
- Reduced Pressure Principle Backflow Preventer
D.C.V.Ao - Double Check Valve Assembly
P.V.B. - Pressure Vacuum Breaker
A.V.B. - Atmospheric Vacuum Breaker
TYPE OF FACILITY
Automotive Repair Facilities
Breweries, Distilleries, Bottling Plants
Car Wash with recycling system and/or
Wax Educator
Chemical Plants
Dairies
Dentist Offices
Fertilizer Plants
MINIMUM
TYPE OF
PROTECTION
R,Po
RoPo
R.P.
R.P.
R.P.
R.P.
Film Laboratory or Processing Plants R.P.
Fire Sprinkler Lines - without pumps D.C.V.A.
Fire Sprinkler Lines - with booster pumps R.P.
Food or Beverage Plants R.P.
Hospitals, Clinics, Medical Buildings R.P.
(Parallel)
Irrigation Systems R.P. or
P.V.B.
Laboratories R.P.
Laundries and Dry Cleaning Plants R.P.
Machine Tool Plants (Health or System
Hazard) R.P.
Machine Tool Plants (Pollution Hazard) R.P.
Metal Processing Plant (Health or System
Hazard) R.P.
Metal Processing Plant (Pollution Hazard) R.P.
Metal Plating Plant R.P.
Morgues or Mortuaries R.P.
Nursing Homes R.P.
Packing Houses or Rendering Plants R.P.
Paper Products Plants R.P.
Pesticides (Exterminating Companies) A.G. or
R.P.
Petroleum Processing Plants R.P.
Petroleum Storage Yards (Health or System
Hazard) R.P.
Petroleum Storage Yards (Pollutional Hazard) R.P.
Pharmaceutical or Cosmetic Plants R.P.
Piers, Docks or Waterfront Facilities R.P.
Power Plants RoP.
Radioactive Material Plants R.P.
Restaurants R.P.
Sand and Gravel Plants R.P.
Schools R.P.
Sewage Treatment Plants R.P.
Sewage Pumping Stations R.P. or
P.V.B.
Swimming Pools with Piped Fill Line (at pool) A.G. or
R.P.
Tall Buildings over three stories R.P.
Veterinary Establishments R.P.
(4) Any backflow prevention device required herein
shall be of a model and size approved by the Director of
Utilities. The term "APPROVED BACKFLOW PREVENTION DEVICE"
shall mean a device that has been manufactured in full
conformance with the standards established by the American
Water Works Association and entitled "AWWA C510 Double
Check Valve Backflow Prevention Assembly" or "AWWA C511
Reduced Pressure Principle Backflow Prevention Assembly"
and which has met completely the laboratory and field
performance specifications of the Foundation for Cross
Connection Control and Hydraulic Research of the University
of Southern California established by the Manual of
Cross-Connection Control - 8th Edition, dated June 1988, or
the most current issue.
(a) Said AWWA and FCCC and HR standards and
specifications have been adopted by the Director of
Utilities. Final approval shall be evidenced by a
certificate of approval issued by an approved testing
laboratory certifying full compliance with said AWWA
standards and FCCC and HR specifications.
(b) It shall be the duty of the customer-user at
any premise where backflow prevention devices are
installed, to have certified inspections and operational
tests made at least once per year. In those instances
where the Director deems the hazard to be great enough, he
may require certified inspections at more frequent
intervals. These inspections and tests shall be at the
expense of the customer and shall be performed by the
device manufacturer's representative, or by a certified
tester approved by the Director of Utilities.
(C) These devices shall be repaired, overhauled,
or replaced at the expense of the customer-user whenever
said devices are found to be defective. Records of such
tests, repairs and overhauls, shall be submitted to the
Director of Utilities.
(d) Ail presently installed backflow prevention
devices which do not meet the requirements of this section
but were approved devices for the purposes described herein
at the time of installation and which have been properly
maintained shall, except for the inspection maintenance
requirements, be excluded from the requirements of those
rules so long as the Director of Utilities is assured that
they will satisfactorily protect the public potable water
supply system. Wherever the existing device is moved from
the present location or requires more than minimum
maintenance, or when the Director of Utilities finds that
the maintenance constitutes a hazard to health, the unit
shall be replaced by a backflow prevention device meeting
the requirements of this section.
26-108 UTILITIES DEPARTMENT TO ADMINISTER
(1) The Utilities Department shall be responsible for
the protection of the public potable water distribution
system from contamination or pollution due to the backflow
or back-siphonage of contaminants or pollutants through the
water service connection.
(2) If, in the judgment of the Department, an
approved backflow prevention device is required at the
City's water service connection to any customer's premises
for the safety of the water system, the Director of
Utilities or his designated agent shall give notice in
writing to the customer to install such an approved
backflow prevention device at each service connection to
his premises. The customer shall immediately install such
approved device or devices at his own expense; the failure,
refusal, or inability on the part of the customer to
install said device or devices immediately, shall
constitute a ground for discontinuing water service to the
premises until such device or devices have been properly
installed.
26-109 FEES AND PERMITS
The City shall identify those users required to
install backflow prevention devices for the safety of the
water system. All users shall be required to have their
backflow prevention devices tested at least once annually
by certified City personnel or, if City personnel are not
available, then by a certified backflow prevention device
techniCian. Should the device(s) fail the test, then the
owner must have the unit repaired and re-tested in a timely
manner i so as to insure protection of the public water
supply. The City shall levy a fee for testing (and
re-testing as necessary) all devices based upon program
cost administration, as shown in Fee Schedule A, which is
hereby iadopted or part of this Ordinance.
26-110 NOTICE OF VIOLATION; FAILURE TO REMEDY
The Director of Utilities shall notify the owner or
authori!zed agent of the owner of the building or premises
in whic!h there is found a violation of this subchapter, of
such violation. The Director shall set a reasonable time
for the owner to have the violation removed or corrected
(30 days maximum, or as determined by degree or hazard).
On failure of the owner to have the violation corrected by
the endl of a specified time interval, the Director may, if
in his judgment an imminent health hazard exists, cause the
water s~rvice to the building or premises to be terminated
and/or recommend such additional fines or penalties to be
invoked as are provided in Section 26-111.
26-111 PENALTIES
(1) Any person who knowingly fails or refuses to obey
or comply with, or willfully violates any of the provisions
of this article, or any lawful rule or regulation
promulgated hereunder, or any lawful order of the Director
issued pursuant to the provisions of the ordinance, shall,
upon conviction of such offense, be subject to punishment
as provided by law. Each day during which the knowing or
willful failure or refusal to comply with this ordinance
continues shall constitute a separate offense.
(2) Any person who violates any of the provisions of
this ordinance shall be liable to the City for all costs
and damages incurred by the City as a proximate result of
such violation plus a fine up to $500.00 per day.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this ordinance.
Section 4.
ordinance.
Authority is hereby granted to codify said
Section 5. This ordinance shall become effective
immediately upon passage.
FIRST READING this /6 day of
1990.
SECOND, FINAL READING and PASSAGE
~ , 1990.
day of
CITY FLORIDA
~Yor
-Vice Mayor
~uommlsslone~r~~-3
ATTEST:
~0r~ai~s~oher
(Corporate Seal)
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FEE SCHEDULE A
TYPE OF UNIT
~educed pressure backflow
~reventer
check valve assembly
Pressure vacuum breaker
TEST FEE
$50 for annual test
$35 for each for
each re-test due
to failure
$50 for annual test
$35 for each re-test
due to failure
$40 for annual
test
$25 for each re-test
due to failure
NOTE: For billing purposes, units mounted in parallel on a
single service line or fire line will be considered as one
unit. Other units at the same site, but on separate lines,
will be billed as separate units.
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